1 

" ! HOUSE OF REPRESENTATIVES 

114TH CONGRESS

1st Session 

REPORT

114–354 

EVERY STUDENT SUCCEEDS ACT 

CONFERENCE REPORT 

TO ACCOMPANY

S. 1177 

NOVEMBER 30, 2015.—Ordered to be printed 


smartinez on DSK4TPTVN1PROD with REPORTSE:\Seals\Congress.#13
EVERY STUDENT SUCCEEDS ACT 


smartinez on DSK4TPTVN1PROD with REPORTS
U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

97–707 

" ! HOUSE OF REPRESENTATIVES 

114TH CONGRESS

1st Session 

REPORT

2015

114–354 

EVERY STUDENT SUCCEEDS ACT 

CONFERENCE REPORT 

TO ACCOMPANY

S. 1177 

NOVEMBER 30, 2015.—Ordered to be printed 


smartinez on DSK4TPTVN1PROD with REPORTSE:\Seals\Congress.#13

smartinez on DSK4TPTVN1PROD with REPORTS
114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–354 

EVERY STUDENT SUCCEEDS ACT 

NOVEMBER 30, 2015.—Ordered to be printed 

Mr. KLINE, from the Committee on Conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany S. 1177] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendment of the House to the bill (S. 1177), 

to reauthorize the Elementary and Secondary Education Act of 

1965 to ensure that every child achieves, having met, after full and 

free conference, have agreed to recommend and do recommend to 

their respective Houses as follows: 

That the Senate recede from its disagreement to the amendment of the House and agree to the same with an amendment as 

follows: 

In lieu of the matter proposed to be inserted by the House 

amendment, insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Every Student Succeeds Act’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Transition. 

Sec. 5. Effective dates. 

Sec. 6. Table of contents of the Elementary and Secondary Education Act of 1965. 

TITLE I—IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL 

EDUCATIONAL AGENCIES 

PART A—IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL

EDUCATIONAL AGENCIES

Sec. 1000. Redesignations. 

Sec. 1001. Statement of purpose. 

Sec. 1002. Authorization of appropriations. 

Sec. 1003. School improvement. 

Sec. 1004. Direct student services. 


smartinez on DSK4TPTVN1PROD with REPORTS
2 

Sec. 1005. State plans. 

Sec. 1006. Local educational agency plans. 

Sec. 1007. Eligible school attendance areas. 

Sec. 1008. Schoolwide programs. 

Sec. 1009. Targeted assistance schools. 

Sec. 1010. Parent and family engagement. 

Sec. 1011. Participation of children enrolled in private schools. 

Sec. 1012. Supplement, not supplant. 

Sec. 1013. Coordination requirements. 

Sec. 1014. Grants for the outlying areas and the Secretary of the Interior. 

Sec. 1015. Allocations to States. 

Sec. 1016. Adequacy of funding rule. 

Sec. 1017. Education finance incentive grant program. 

PART B—STATE ASSESSMENT GRANTS

Sec. 1201. State assessment grants. 

PART C—EDUCATION OF MIGRATORY CHILDREN

Sec. 1301. Education of migratory children. 

PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH

WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK

Sec. 1401. Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk. 

PART E—FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING

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

PART F—GENERAL PROVISIONS

Sec. 1601. General provisions. 

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

TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS 

Sec. 2001. General provisions. 

Sec. 2002. Preparing, training, and recruiting high-quality teachers, principals, or 

other school leaders. 

TITLE III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND 

IMMIGRANT STUDENTS 

Sec. 3001. Redesignation of certain provisions. 

Sec. 3002. Authorization of appropriations. 

Sec. 3003. English language acquisition, language enhancement, and academic 

achievement. 

Sec. 3004. General provisions. 

TITLE IV—21ST CENTURY SCHOOLS 

Sec. 4001. Redesignations and transfers. 

Sec. 4002. General provisions. 

PART A—STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS

Sec. 4101. Student support and academic enrichment grants. 

PART B—21ST CENTURY COMMUNITY LEARNING CENTERS

Sec. 4201. 21st century community learning centers. 

PART C—EXPANDING OPPORTUNITY THROUGH QUALITY CHARTER SCHOOLS

Sec. 4301. Charter schools. 

PART D—MAGNET SCHOOLS ASSISTANCE

Sec. 4401. Magnet schools assistance. 

PART E—FAMILY ENGAGEMENT IN EDUCATION PROGRAMS

Sec. 4501. Family Engagement in Education Programs. 

PART F—NATIONAL ACTIVITIES

Sec. 4601. National activities. 


smartinez on DSK4TPTVN1PROD with REPORTS
3 

TITLE V—STATE INNOVATION AND LOCAL FLEXIBILITY 

Sec. 5001. General provisions. 

Sec. 5002. Funding Transferability for State and Local Educational Agencies. 

Sec. 5003. Rural education initiative. 

Sec. 5004. General provisions. 

Sec. 5005. Review relating to rural local educational agencies. 

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

Sec. 6001. Conforming amendments. 

Sec. 6002. Indian education. 

Sec. 6003. Native Hawaiian education. 

Sec. 6004. Alaska Native education. 

Sec. 6005. Report on Native American language medium education. 

Sec. 6006. Report on responses to Indian student suicides. 

TITLE VII—IMPACT AID 

Sec. 7001. General provisions. 

Sec. 7002. Purpose. 

Sec. 7003. Payments relating to federal acquisition of real property. 

Sec. 7004. Payments for eligible federally connected children. 

Sec. 7005. Policies and procedures relating to children residing on Indian lands. 

Sec. 7006. 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. Definitions. 

Sec. 7013. Authorization of appropriations. 

TITLE VIII—GENERAL PROVISIONS 

Sec. 8001. General provisions. 

Sec. 8002. Definitions. 

Sec. 8003. Applicability of title. 

Sec. 8004. Applicability to Bureau of Indian Education operated schools. 

Sec. 8005. Consolidation of State administrative funds for elementary and secondary education programs. 

Sec. 8006. Consolidation of funds for local administration. 

Sec. 8007. Consolidated set-aside for Department of the Interior funds. 

Sec. 8008. Department staff. 

Sec. 8009. Optional consolidated State plans or applications. 

Sec. 8010. General applicability of State educational agency assurances. 

Sec. 8011. Rural consolidated plan. 

Sec. 8012. Other general assurances. 

Sec. 8013. Waivers of statutory and regulatory requirements. 

Sec. 8014. Approval and disapproval of State plans and local applications. 

Sec. 8015. Participation by private school children and teachers. 

Sec. 8016. Standards for by-pass. 

Sec. 8017. Complaint process for participation of private school children. 

Sec. 8018. By-pass determination process. 

Sec. 8019. Maintenance of effort. 

Sec. 8020. Prohibition regarding state aid. 

Sec. 8021. School prayer. 

Sec. 8022. Prohibited uses of funds. 

Sec. 8023. Prohibitions. 

Sec. 8024. Prohibitions on Federal Government and use of Federal funds. 

Sec. 8025. Armed forces recruiter access to students and student recruiting information. 

Sec. 8026. Prohibition on federally sponsored testing. 

Sec. 8027. Limitations on national testing or certification for teachers, principals, or 

other school leaders. 

Sec. 8028. Prohibition on requiring State participation. 

Sec. 8029. Civil rights. 

Sec. 8030. Consultation with Indian tribes and tribal organizations. 

Sec. 8031. Outreach and technical assistance for rural local educational agencies. 

Sec. 8032. Consultation with the Governor. 

Sec. 8033. Local governance. 

Sec. 8034. Rule of construction regarding travel to and from school. 


smartinez on DSK4TPTVN1PROD with REPORTS
4 

Sec. 8035. Limitations on school-based health centers. 

Sec. 8036. State control over standards. 

Sec. 8037. Sense of Congress on protecting student privacy. 

Sec. 8038. Prohibition on aiding and abetting sexual abuse. 

Sec. 8039. Sense of Congress on restoration of state sovereignty over public education. 

Sec. 8040. Privacy. 

Sec. 8041. Analysis and periodic review; sense of Congress; technical assistance. 

Sec. 8042. Evaluations. 

TITLE IX—EDUCATION FOR THE HOMELESS AND OTHER LAWS 

PART A—HOMELESS CHILDREN AND YOUTHS

Sec. 9101. Statement of policy. 

Sec. 9102. Grants for State and local activities. 

Sec. 9103. Local educational agency subgrants. 

Sec. 9104. Secretarial responsibilities. 

Sec. 9105. Definitions. 

Sec. 9106. Authorization of appropriations. 

Sec. 9107. Effective date. 

PART B—MISCELLANEOUS; OTHER LAWS

Sec. 9201. Findings and sense of Congress on sexual misconduct. 

Sec. 9202. Sense of Congress on First Amendment rights. 

Sec. 9203. Preventing improper use of taxpayer funds. 

Sec. 9204. Accountability to taxpayers through monitoring and oversight. 

Sec. 9205. Report on Department actions to address Office of Inspector General reports. 

Sec. 9206. Posthumous pardon. 

Sec. 9207. Education Flexibility Partnership Act of 1999 reauthorization. 

Sec. 9208. Report on the reduction of the number and percentage of students who 

drop out of school. 

Sec. 9209. Report on subgroup sample size. 

Sec. 9210. Report on student home access to digital learning resources. 

Sec. 9211. Study on the title I formula. 

Sec. 9212. Preschool development grants. 

Sec. 9213. Review of Federal early childhood education programs. 

Sec. 9214. Use of the term ‘‘highly qualified’’ in other laws. 

Sec. 9215. Additional conforming amendments to other laws. 

SEC. 3. REFERENCES. 

Except as otherwise expressly provided, whenever in this Act an 

amendment or repeal is expressed in terms of an amendment to, or 

repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary 

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

SEC. 4. TRANSITION. 

(a) FUNDING AUTHORITY.— 

(1) MULTI-YEAR AWARDS.— 

(A) PROGRAMS NO LONGER AUTHORIZED.—Except as 

otherwise provided in this Act or the amendments made by 

this Act, the recipient of a multiyear award under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6301 et seq.), as in effect on the day before the date of enactment of this Act, under a program that is not authorized 

under the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6301 et seq.), as amended by this Act, 

and— 

(i) that is not substantively similar to a program 

authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as amended 

by this Act, shall continue to receive funds in accordance with the terms of such prior award, except that no 


smartinez on DSK4TPTVN1PROD with REPORTS
5 

additional funds for such program may be awarded 

after September 30, 2016; and 

(ii) that is substantively similar to a program authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as amended 

by this Act, shall continue to receive funds in accordance with the terms of such prior award. 

(B) AUTHORIZED PROGRAMS.—Except as otherwise provided in this Act, or the amendments made by this Act, the 

recipient of a multiyear award under a program that was 

authorized under the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6301 et seq.), as in effect on the day 

before the date of enactment of this Act, and that is authorized under such Act (20 U.S.C. 6301 et seq.), as amended 

by this Act, shall continue to receive funds in accordance 

with the terms of such prior award. 

(2) PLANNING AND TRANSITION.—Notwithstanding any 

other provision of law, a recipient of funds under a program described in paragraph (1)(A)(ii) or (1)(B) may use funds awarded 

to the recipient under such program, to carry out necessary and 

reasonable planning and transition activities in order to ensure 

the recipient’s compliance with the amendments to such program made by this Act. 

(b) ORDERLY TRANSITION.—Subject to subsection (a)(1)(A)(i), the 

Secretary shall take such steps as are necessary to provide for the 

orderly transition to, and implementation of, programs authorized 

under the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6301 et. seq.), as amended by this Act, from programs authorized under the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6301 et seq.), as in effect on the day before the date 

of enactment of this Act. 

(c) TERMINATION OF CERTAIN WAIVERS.— (1) IN GENERAL.—Notwithstanding any other provision of 

this Act, and subject to section 5(e)(2), a waiver described in 

paragraph (2) shall be null and void and have no legal effect 

on or after August 1, 2016. 

(2) WAIVERS.—A waiver shall be subject to paragraph (1) if 

the waiver was granted by the Secretary of Education to a State 

or consortium of local educational agencies under the program 

first introduced in a letter to chief State school officers dated 

September 23, 2011, and authorized under section 9401 of the 

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

7861), as in effect on the day before the date of enactment of 

this Act. 

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 beVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00009 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
6 

ginning 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. 

(d) IMPACT AID.—With respect to title VII of the Elementary and 

Secondary Education Act of 1965, as amended by this Act, the 

amendments made by this Act shall take effect with respect to appropriations for use under such title beginning fiscal year 2017, except as otherwise provided in such amendments. 

(e) TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION

ACT OF 1965.— 

(1) EFFECTIVE DATES FOR SECTION 1111 OF THE ELEMEN- TARY AND SECONDARY EDUCATION ACT OF 1965.—Notwithstanding any other provision of this Act, or the amendments 

made by this Act, and subject to paragraph (2) of this subsection— 

(A) section 1111(b)(2) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6311(b)(2)), as in effect 

on the day before the date of enactment of this Act, shall 

be effective through the close of August 1, 2016; 

(B) 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; and 

(C) section 1111(b)(2) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6311(b)(2)), as amended 

by this Act, and any other provision of section 1111 of such 

Act (20 U.S.C. 6311), as amended by this Act, which is not 

described in subparagraph (B) of this paragraph, shall take 

effect in a manner consistent with subsection (a). 

(2) SPECIAL RULE.— (A) IN GENERAL.—Notwithstanding any other provision 

of this Act (including subsection (b) and paragraph (1)), 

any school or local educational agency described in subparagraph (B) shall continue to implement interventions 

applicable to such school or local educational agency under 

clause (i) or (ii) of subparagraph (B) until— 

(i) the State plan for the State in which the school 

or agency is located under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6311), as amended by this Act, is approved under such 

section (20 U.S.C. 6311); or 

(ii) 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, take effect in accordance with paragraph (1)(B), 

whichever occurs first. 

(B) CERTAIN SCHOOLS AND LOCAL EDUCATIONAL AGENCIES.—A school or local educational agency shall be subject 

to the requirements of subparagraph (A), if such school or 


smartinez on DSK4TPTVN1PROD with REPORTS
7 

local educational agency has been identified by the State in 

which the school or local educational agency is located— 

(i) as in need of improvement, corrective action, or 

restructuring under part A of title I of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6311 

et seq.), as in effect on the day before the date of enactment of this Act; or 

(ii) as a priority or focus school under a waiver 

granted by the Secretary of Education under section 

9401 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7861), as in effect on the day before 

the date of enactment of this Act. 

SEC. 6. TABLE OF CONTENTS OF THE ELEMENTARY AND SECONDARY 

EDUCATION ACT OF 1965. 

Section 2 is amended to read 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. 

‘‘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. 


smartinez on DSK4TPTVN1PROD with REPORTS
8 

‘‘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. 

‘‘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. 


smartinez on DSK4TPTVN1PROD with REPORTS
9 

‘‘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. 

‘‘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. 


smartinez on DSK4TPTVN1PROD with REPORTS
10 

‘‘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. 

‘‘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. 


smartinez on DSK4TPTVN1PROD with REPORTS
11 

‘‘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. 

‘‘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. 


smartinez on DSK4TPTVN1PROD with REPORTS
12 

‘‘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. 

‘‘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. 


smartinez on DSK4TPTVN1PROD with REPORTS
13 

‘‘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. 

‘‘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. 


smartinez on DSK4TPTVN1PROD with REPORTS
14 

‘‘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 BASIC PROGRAMS 

OPERATED BY STATE AND LOCAL 

EDUCATIONAL AGENCIES 

PART A—IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL EDUCATIONAL 

AGENCIES 

SEC. 1000. REDESIGNATIONS. 

Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is amended— 

(1) by striking sections 1116, 1117, and 1119; 

(2) by redesignating section 1118 as section 1116; 

(3) by redesignating section 1120 as section 1117; 

(4) by redesignating section 1120A as section 1118; and 

(5) by redesignating section 1120B as section 1119. 

SEC. 1001. STATEMENT OF PURPOSE. 

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

‘‘SEC. 1001. STATEMENT OF PURPOSE. 

‘‘The purpose of this title is to provide all children significant 

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

and to close educational achievement gaps.’’. 

SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. 

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

‘‘SEC. 1002. 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; 

‘‘(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. 


smartinez on DSK4TPTVN1PROD with REPORTS
15 

‘‘(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. SCHOOL IMPROVEMENT. 

Section 1003 (20 U.S.C. 6303) is amended to read as follows: 

‘‘SEC. 1003. 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 providers 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 


smartinez on DSK4TPTVN1PROD with REPORTS
16 

‘‘(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 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
17 

‘‘(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. 1004. DIRECT STUDENT SERVICES. 

The Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6301 et seq.) is amended by inserting after section 1003 (20 

U.S.C. 6303) the following: 

‘‘SEC. 1003A. DIRECT STUDENT SERVICES. 

‘‘(a) STATE RESERVATION.— 

‘‘(1) IN GENERAL.— 

‘‘(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— 


smartinez on DSK4TPTVN1PROD with REPORTS
18 

‘‘(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 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
19 

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; 

‘‘(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. 


smartinez on DSK4TPTVN1PROD with REPORTS
20 

‘‘(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. 1005. STATE PLANS. 

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

‘‘SEC. 1111. 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 


smartinez on DSK4TPTVN1PROD with REPORTS
21 

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— 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
22 

‘‘(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 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
23 

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 

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 AS- SESSMENTS.— ‘‘(1) CHALLENGING STATE ACADEMIC STANDARDS.— 

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

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


smartinez on DSK4TPTVN1PROD with REPORTS
24 

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.— 

‘‘(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 DISABILITIES.— 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
25 

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 

‘‘(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. 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
26 

‘‘(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 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
27 

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— 

‘‘(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, 


smartinez on DSK4TPTVN1PROD with REPORTS
28 

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 

and reported, consistent with clause (iii), to local educational 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; 


smartinez on DSK4TPTVN1PROD with REPORTS
29 

‘‘(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)))— 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
30 

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 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
31 

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 

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 PROFICIENCY.— 

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

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

the State educational agency. 

‘‘(ii) ALIGNMENT.—The assessments described in 

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

(1)(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). 


smartinez on DSK4TPTVN1PROD with REPORTS
32 

‘‘(iv) LOCAL EDUCATIONAL AGENCY OPTION.— 

‘‘(I) LOCAL EDUCATIONAL AGENCY.—If a local 

educational agency chooses to submit a nationallyrecognized 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-deVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00036 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
33 

signed assessments under subclause (I)(bb) and 

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

‘‘(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 COG- NITIVE 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. 


smartinez on DSK4TPTVN1PROD with REPORTS
34 

‘‘(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 LEARNERS.— 

‘‘(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 the purposes 

of the State-determined accountability system. 

‘‘(c) STATEWIDE ACCOUNTABILITY SYSTEM.— 


smartinez on DSK4TPTVN1PROD with REPORTS
35 

‘‘(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 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
36 

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. 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
37 

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. 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
38 

‘‘(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— 

‘‘(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 eduVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00042 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
39 

cational 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 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
40 

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 established 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 


smartinez on DSK4TPTVN1PROD with REPORTS
41 

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); 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
42 

‘‘(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 BAR- GAINING.—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 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
43 

‘‘(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; 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
44 

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 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
45 

‘‘(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 

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 strateVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00049 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
46 

gies, 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; 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
47 

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 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 


smartinez on DSK4TPTVN1PROD with REPORTS
48 

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 

‘‘(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 secVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00052 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
49 

ondary 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. 

‘‘(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 high-poverty compared to low-poverty schools) on the number 

and percentage of— 

‘‘(I) inexperienced teachers, principals, and 

other school leaders; 


smartinez on DSK4TPTVN1PROD with REPORTS
50 

‘‘(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. 

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.— 


smartinez on DSK4TPTVN1PROD with REPORTS
51 

‘‘(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. 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
52 

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; 

‘‘(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, prinVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00056 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
53 

cipal, 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: 

‘‘(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. 1006. LOCAL EDUCATIONAL AGENCY PLANS. 

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

‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 

‘‘(a) PLANS REQUIRED.— 

‘‘(1) SUBGRANTS.—A local educational agency may receive a 

subgrant under this 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 


smartinez on DSK4TPTVN1PROD with REPORTS
54 

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. 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
55 

‘‘(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; 

‘‘(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); 


smartinez on DSK4TPTVN1PROD with REPORTS
56 

‘‘(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— 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
57 

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— 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
58 

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. 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
59 

‘‘(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. 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
60 

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 

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. 1007. ELIGIBLE SCHOOL ATTENDANCE AREAS. 

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

(1) in subsection (a)— 


smartinez on DSK4TPTVN1PROD with REPORTS
61 

(A) by striking paragraph (3) and inserting the following: 

‘‘(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.’’; and 

(B) by striking paragraph (5) and inserting the following: 

‘‘(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, 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— 


smartinez on DSK4TPTVN1PROD with REPORTS
62 

‘‘(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.’’; 

(2) in subsection (b)(1)(D)(i), by striking ‘‘section 1120A(c)’’ 

and inserting ‘‘section 1118(c)’’; and 

(3) in subsection (c)— 

(A) by striking paragraph (3) and inserting the following: 

‘‘(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 

‘‘(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)).’’; 

(B) in paragraph (4), by striking ‘‘school improvement, 

corrective action, and restructuring under section 1116(b)’’ 

and inserting ‘‘comprehensive support and improvement activities or targeted support and improvement activities 

under section 1111(d)’’; and 


smartinez on DSK4TPTVN1PROD with REPORTS
63 

(C) by adding at the end the following: 

‘‘(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. 1008. SCHOOLWIDE PROGRAMS. 

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

(1) by striking subsection (a) and inserting the following: 

‘‘(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 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, 


smartinez on DSK4TPTVN1PROD with REPORTS
64 

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 

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.’’; 

(2) by striking subsection (b) and inserting the following: 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
65 

‘‘(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); 

‘‘(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, 


smartinez on DSK4TPTVN1PROD with REPORTS
66 

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 

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.’’; 

(3) by striking subsection (c) and inserting the following: 

‘‘(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. 1009. TARGETED ASSISTANCE SCHOOLS. 

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

(1) by striking subsection (a) and inserting the following: 


smartinez on DSK4TPTVN1PROD with REPORTS
67 

‘‘(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.’’; 

(2) by redesignating subsections (b) and (c) as subsections 

(c) and (b), respectively, and moving those redesignated subsections so as to appear in alphabetical order; 

(3) by striking subsection (b), as redesignated by paragraph 

(2), and inserting the following: 

‘‘(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 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 


smartinez on DSK4TPTVN1PROD with REPORTS
68 

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 additional assistance to enable such children to meet the 

challenging State academic standards.’’; 

(4) in subsection (c), as redesignated by paragraph (2)— 

(A) in paragraph (1)(B)— 

(i) by striking ‘‘the State’s challenging student academic achievement standards’’ and inserting ‘‘the challenging State academic standards’’; and 

(ii) by striking ‘‘such criteria as teacher judgment, 

interviews with parents, and developmentally appropriate measures’’ and inserting ‘‘criteria, including objective criteria, established by the local educational 

agency and supplemented by the school’’; and 

(B) in paragraph (2)— 

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

English proficient children’’ and inserting ‘‘English 

learners’’; 

(ii) in subparagraph (B)— 

(I) by striking the heading and inserting ‘‘HEAD START AND PRESCHOOL CHILDREN’’; and 

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

Early Reading First program,’’ and inserting 

‘‘Head Start program, the literacy program under 

subpart 2 of part B of title II,’’; and 

(iii) in subparagraph (C), by striking the heading 

and inserting ‘‘MIGRANT CHILDREN’’; 

(5) in subsection (e)— 

(A) in paragraph (2)(B)— 

(i) by striking ‘‘and’’ at the end of clause (ii); 

(ii) by redesignating clause (iii) as clause (v); and 

(iii) by inserting after clause (ii) the following new 

clauses: 

‘‘(iii) family support and engagement services; 

‘‘(iv) integrated student supports; and’’; and 

(iv) in clause (v), as redesignated by clause (iii), by 

striking ‘‘pupil services’’ and inserting ‘‘specialized instructional support’’; and 

(B) by striking paragraph (3); and 

(6) by adding at the end the following: 

‘‘(f) USE OF FUNDS FOR DUAL OR CONCURRENT ENROLLMENT

PROGRAMS.—A secondary school operating a targeted assistance 


smartinez on DSK4TPTVN1PROD with REPORTS
69 

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. 1010. PARENT AND FAMILY ENGAGEMENT. 

Section 1116, as redesignated by section 1000(2), is amended— 

(1) in the section heading, by striking ‘‘PARENTAL INVOLVEMENT’’ and inserting ‘‘PARENT AND FAMILY ENGAGEMENT’’; 

(2) in subsection (a)— 

(A) in paragraph (1)— 

(i) by inserting ‘‘conducts outreach to all parents 

and family members and’’ after ‘‘only if such agency’’; 

and 

(ii) by inserting ‘‘and family members’’ after ‘‘and 

procedures for the involvement of parents’’; 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A)— 

(I) by inserting ‘‘and family members’’ after ‘‘, 

and distribute to, parents’’; 

(II) by striking ‘‘written parent involvement 

policy’’ and inserting ‘‘written parent and family 

engagement policy’’; and 

(III) by striking ‘‘expectations for parent involvement’’ and inserting ‘‘expectations and objectives for meaningful parent and family involvement’’; and 

(ii) by striking subparagraphs (A) through (F) and 

inserting the following: 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
70 

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, 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.’’; and 

(C) in paragraph (3)— 

(i) by striking subparagraph (A) and inserting the 

following: 

‘‘(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.’’; 

(ii) in subparagraph (B), by striking ‘‘(B) PARENTAL INPUT.—Parents of children’’ and inserting ‘‘(B) 

PARENT AND FAMILY MEMBER INPUT.—Parents and 

family members of children’’; 

(iii) in subparagraph (C)— 

(I) by striking ‘‘95 percent’’ and inserting ‘‘90 

percent’’; and 

(II) by inserting ‘‘, with priority given to highneed schools’’ after ‘‘schools served under this 

part’’; and 


smartinez on DSK4TPTVN1PROD with REPORTS
71 

(iv) by adding at the end the following: 

‘‘(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 

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.’’; 

(3) in subsection (b)— 

(A) in the subsection heading, by striking ‘‘PARENTAL

INVOLVEMENT POLICY’’ and inserting ‘‘PARENT AND FAMILY

ENGAGEMENT POLICY’’; 

(B) in paragraph (1)— 

(i) by inserting ‘‘and family members’’ after ‘‘distribute to, parents’’; and 

(ii) by striking ‘‘written parental involvement policy’’ and inserting ‘‘written parent and family engagement policy’’; 

(C) in paragraph (2)— 

(i) by striking ‘‘parental involvement policy’’ and 

inserting ‘‘parent and family engagement policy’’; and 

(ii) by inserting ‘‘and family members’’ after ‘‘that 

applies to all parents’’; and 

(D) in paragraph (3)— 

(i) by striking ‘‘parental involvement policy’’ and 

inserting ‘‘parent and family engagement policy’’; and 

(ii) by inserting ‘‘and family members in all 

schools served by the local educational agency’’ after 

‘‘policy that applies to all parents’’; 

(4) in subsection (c)— 

(A) in paragraph (3)— 

(i) by striking ‘‘parental involvement policy’’ and 

inserting ‘‘parent and family engagement policy’’; and 


smartinez on DSK4TPTVN1PROD with REPORTS
72 

(ii) by striking ‘‘1114(b)(2)’’ and inserting 

‘‘1114(b)’’; 

(B) in paragraph (4)(B), by striking ‘‘the proficiency 

levels students are expected to meet’’ and inserting ‘‘the 

achievement levels of the challenging State academic standards’’; and 

(C) in paragraph (5), by striking ‘‘1114(b)(2)’’ and inserting ‘‘1114(b)’’; 

(5) in subsection (d)— 

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

‘‘parental involvement policy’’ and inserting ‘‘parent and 

family engagement policy’’; 

(B) in paragraph (1)— 

(i) by striking ‘‘the State’s student academic 

achievement standards’’ and inserting ‘‘the challenging 

State academic standards’’; and 

(ii) by striking ‘‘, such as monitoring attendance, 

homework completion, and television watching’’; and 

(C) in paragraph (2)— 

(i) in subparagraph (B), by striking ‘‘and’’ after the 

semicolon; 

(ii) in subparagraph (C), by striking the period 

and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(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.’’; 

(6) in subsection (e)— 

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

content standards and State student academic achievement 

standards’’ and inserting ‘‘the challenging State academic 

standards’’; 

(B) in paragraph (2), by striking ‘‘technology’’ and inserting ‘‘technology (including education about the harms of 

copyright piracy)’’; 

(C) in paragraph (3), by striking ‘‘pupil services personnel, principals’’ and inserting ‘‘specialized instructional 

support personnel, principals, and other school leaders’’; 

and 

(D) in paragraph (4), by striking ‘‘Head Start, Reading 

First, Early Reading First, Even Start, the Home Instruction Programs for Preschool Youngsters, the Parents as 

Teachers Program, and public preschool and other programs,’’ and inserting ‘‘other Federal, State, and local programs, including public preschool programs,’’; 

(7) by striking subsection (f) and inserting the following: 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
73 

and, to the extent practicable, in a language such parents understand.’’; 

(8) by striking subsection (g) and inserting the following: 

‘‘(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.’’; and 

(9) in subsection (h), by striking ‘‘parental involvement policies’’ and inserting ‘‘parent and family engagement policies’’. 

SEC. 1011. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 

SCHOOLS. 

Section 1117, as redesignated by section 1000(3), is amended— 

(1) in subsection (a)— 

(A) by striking paragraph (1) and inserting the following: 

‘‘(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.’’; 

(B) by striking paragraph (3) and inserting the following: 

‘‘(3) EQUITY.— 

‘‘(A) IN GENERAL.—Educational services and other benefits for such private school children shall be equitable in 

comparison to services and other benefits for public school 

children participating under this 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.’’; 

(C) by striking paragraph (4) and inserting the following: 

‘‘(4) EXPENDITURES.— 

‘‘(A) DETERMINATION.— 

‘‘(i) IN GENERAL.—Expenditures for educational 

services and other benefits to eligible private school 


smartinez on DSK4TPTVN1PROD with REPORTS
74 

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.’’; and 

(D) in paragraph (5), by striking ‘‘agency’’ and inserting ‘‘agency, or, in a case described in subsection (b)(6)(C), 

the State educational agency involved,’’; 

(2) in subsection (b)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘part,’’ and inserting ‘‘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’’; 

(ii) in subparagraph (E)— 

(I) by striking ‘‘and’’ before ‘‘the proportion of 

funds’’; 

(II) by striking ‘‘(a)(4)’’ and inserting 

‘‘(a)(4)(A)’’ ; and 

(III) by inserting ‘‘, and how that proportion of 

funds is determined’’ after ‘‘such services’’; 

(iii) in subparagraph (G), by striking ‘‘and’’ after 

the semicolon; 

(iv) in subparagraph (H), by striking the period at 

the end and inserting a semicolon; and 

(v) by adding at the end the following: 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
75 

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.’’; 

(B) by redesignating paragraphs (2) through (5) as 

paragraphs (3) through (6), respectively; 

(C) by inserting after paragraph (1) the following: 

‘‘(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.’’; 

(D) in paragraph (5) (as redesignated by subparagraph 

(B))— 

(i) by inserting ‘‘meaningful’’ before ‘‘consultation’’ 

in the first sentence; 

(ii) by inserting ‘‘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.’’ after ‘‘occurred.’’; and 

(iii) by striking ‘‘has taken place’’ and inserting 

‘‘has, or attempts at such consultation have, taken 

place’’; and 

(E) in paragraph (6) (as redesignated by subparagraph 

(B))— 

(i) in subparagraph (A)— 

(I) by striking ‘‘right to complain to’’ and inserting ‘‘right to file a complaint with’’; 

(II) by inserting ‘‘asserting’’ after ‘‘State educational agency’’; 

(III) by striking ‘‘or’’ before ‘‘did not give due 

consideration’’; and 

(IV) by inserting ‘‘, or did not make a decision 

that treats the private school students equitably as 

required by this section’’ before the period at the 

end; 

(ii) in subparagraph (B), by striking ‘‘to complain,’’ 

and inserting ‘‘to file a complaint,’’; and 

(iii) by adding at the end the following: 

‘‘(C) STATE EDUCATIONAL AGENCIES.—A State educational agency shall provide services under this section diVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00079 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
76 

rectly 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.’’; 

(3) in subsection (c)(2), by striking ‘‘section 9505’’ and inserting ‘‘section 8503’’; and 

(4) in subsection (e)(2), by striking ‘‘sections 9503 and 9504’’ 

and inserting ‘‘sections 8503 and 8504’’. 

SEC. 1012. SUPPLEMENT, NOT SUPPLANT. 

Section 1118, as redesignated by section 1000(4), is amended— 

(1) in subsection (a), by striking ‘‘section 9521’’ and inserting ‘‘section 8521’’; and 

(2) by striking subsection (b) and inserting the following: 

‘‘(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.’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
77 

SEC. 1013. COORDINATION REQUIREMENTS. 

Section 1119, as redesignated by section 1000(5), is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘such as the Early Reading First program’’; and 

(B) by adding at the end the following new sentence: 

‘‘Each local educational agency shall develop agreements 

with such Head Start agencies and other entities to carry 

out such activities.’’; and 

(2) in subsection (b)— 

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

‘‘early childhood development programs, such as the Early 

Reading First program,’’ and inserting ‘‘early childhood 

education programs’’; 

(B) in paragraph (1), by striking ‘‘early childhood development program such as the Early Reading First program’’ and inserting ‘‘early childhood education program’’; 

(C) in paragraph (2), by striking ‘‘early childhood development programs such as the Early Reading First program’’ and inserting ‘‘early childhood education programs’’; 

(D) in paragraph (3), by striking ‘‘early childhood development programs such as the Early Reading First program’’ and inserting ‘‘early childhood education programs’’; 

(E) in paragraph (4)— 

(i) by striking ‘‘Early Reading First program 

staff,’’; and 

(ii) by striking ‘‘early childhood development program’’ and inserting ‘‘early childhood education program’’; and 

(F) in paragraph (5), by striking ‘‘and entities carrying 

out Early Reading First programs’’. 

SEC. 1014. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY 

OF THE INTERIOR. 

Section 1121 (20 U.S.C. 6331) is amended to read as follows: 

‘‘SEC. 1121. 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 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
78 

‘‘(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— 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
79 

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. 1015. ALLOCATIONS TO STATES. 

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

(1) in the matter preceding paragraph (1), by striking 

‘‘2002–2007’’ and inserting ‘‘2017–2020’’; and 

(2) by striking paragraph (3) and inserting the following: 

‘‘(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.’’. 

SEC. 1016. ADEQUACY OF FUNDING RULE. 

Section 1125AA (20 U.S.C. 6336) is amended by striking the 

section heading and all that follows through ‘‘Pursuant’’ and inserting the following: ‘‘ADEQUACY OF FUNDING TO LOCAL EDUCATIONAL

AGENCIES IN FISCAL YEARS AFTER FISCAL YEAR 2001.—Pursuant’’. 

SEC. 1017. EDUCATION FINANCE INCENTIVE GRANT PROGRAM. 

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

(1) in subsection (a), by striking ‘‘funds appropriated under 

subsection (f)’’ and inserting ‘‘funds made available under section 1122(a)’’; 

(2) in subsection (b)(1)— 

(A) in subparagraph (A), by striking ‘‘appropriated 

pursuant to subsection (f)’’ and inserting ‘‘made available 

for any fiscal year to carry out this section’’; and 

(B) in subparagraph (B)(i), by striking ‘‘total appropriations’’ and inserting ‘‘the total amount reserved under 

section 1122(a) to carry out this section’’; 

(3) in subsection (c), by redesignating subparagraphs (A) 

and (B) as paragraphs (1) and (2), respectively; 

(4) in subsection (d)(1)(A)(ii), by striking ‘‘clause ‘‘(i)’’ and 

inserting ‘‘clause (i)’’; 

(5) by striking subsection (e) and inserting the following: 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
80 

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 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.’’; 

(6) by striking subsection (f); 

(7) by redesignating subsection (g) as subsection (f); and 

(8) in subsection (f), as redesignated by paragraph (7)— 

(A) in paragraph (1), by striking ‘‘under this section’’ 

and inserting ‘‘to carry out this section’’; and 

(B) in paragraph (3), in the matter preceding subparagraph (A), by striking ‘‘shall be’’ and inserting ‘‘shall be— 

’’. 

PART B—STATE ASSESSMENT GRANTS 

SEC. 1201. STATE ASSESSMENT GRANTS. 

Part B of title I (20 U.S.C. 6361 et seq.) is amended to read as 

follows: 

‘‘PART B—STATE ASSESSMENT GRANTS 

‘‘SEC. 1201. 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. 


smartinez on DSK4TPTVN1PROD with REPORTS
81 

‘‘(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 

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, 


smartinez on DSK4TPTVN1PROD with REPORTS
82 

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 cross-tabulation— 

‘‘(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. 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). 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
83 

‘‘(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 AS- SESSMENTS.— ‘‘(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 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
84 

‘‘(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. 

‘‘(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 inVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00088 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
85 

structional 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. 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 

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). 


smartinez on DSK4TPTVN1PROD with REPORTS
86 

‘‘(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. 

‘‘SEC. 1204. 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 subVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00090 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
87 

mits 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— 

‘‘(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). 


smartinez on DSK4TPTVN1PROD with REPORTS
88 

‘‘(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.— ‘‘(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); 


smartinez on DSK4TPTVN1PROD with REPORTS
89 

‘‘(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 section 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; 


smartinez on DSK4TPTVN1PROD with REPORTS
90 

‘‘(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; 

‘‘(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— 


smartinez on DSK4TPTVN1PROD with REPORTS
91 

‘‘(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 

within the State educational agency that will participate, including what criteria the State has for approving 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 


smartinez on DSK4TPTVN1PROD with REPORTS
92 

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— 

‘‘(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); 


smartinez on DSK4TPTVN1PROD with REPORTS
93 

‘‘(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.— 

‘‘(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 measVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00097 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
94 

ured 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— 

‘‘(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 high-quality 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 


smartinez on DSK4TPTVN1PROD with REPORTS
95 

‘‘(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.’’. 

PART C—EDUCATION OF MIGRATORY 

CHILDREN 

SEC. 1301. EDUCATION OF MIGRATORY CHILDREN. 

(a) PROGRAM PURPOSES.—Section 1301 (20 U.S.C. 6391) is 

amended to read as follows: 

‘‘SEC. 1301. 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.’’. 

(b) STATE ALLOCATIONS.—Section 1303 (20 U.S.C. 6393) is 

amended— 

(1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; 

(2) by striking subsections (a) and (b) and inserting the following: 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
96 

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 

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.’’; 

(3) in subsection (d), as redesignated by paragraph (1)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘(A) If, after’’ 

and inserting the following: 

‘‘(A) RATABLE REDUCTIONS.—If, after’’; and 

(ii) in subparagraph (B)— 

(I) by striking ‘‘(B) If additional’’ and inserting 

the following: 

‘‘(B) REALLOCATION.—If additional’’; and 

(II) by striking ‘‘purpose’’ and inserting ‘‘purposes’’; and 

(B) in paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘(A) The Secretary’’ and inserting the following: 

‘‘(A) FURTHER REDUCTIONS.—The Secretary’’; and 

(ii) in subparagraph (B), by striking ‘‘(B) The Secretary’’ and inserting the following: 

‘‘(B) REALLOCATION.—The Secretary’’; 

(4) in subsection (e)(3)(B), as redesignated by paragraph 

(1), by striking ‘‘welfare or educational attainment of children’’ 

and inserting ‘‘academic achievement of children’’; 

(5) in subsection (f), as redesignated by paragraph (1)— 

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

‘‘estimated’’ and inserting ‘‘identified’’; 


smartinez on DSK4TPTVN1PROD with REPORTS
97 

(B) by striking paragraph (1) and inserting the following: 

‘‘(1) use the most recent information that most accurately 

reflects the actual number of migratory children;’’; 

(C) by redesignating paragraphs (2) through (4) as 

paragraphs (3) through (5), respectively; 

(D) by inserting after paragraph (1) the following: 

‘‘(2) develop and implement a procedure for monitoring the 

accuracy of such information;’’; 

(E) in paragraph (4), as redesignated by subparagraph 

(C)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘full-time equivalent’’; and 

(ii) in subparagraph (A)— 

(I) by striking ‘‘special needs’’ and inserting 

‘‘unique needs’’; and 

(II) by striking ‘‘special programs provided 

under this part’’ and inserting ‘‘effective special 

programs provided under this part’’; and 

(F) in paragraph (5), as redesignated by subparagraph 

(C), by striking ‘‘the child whose education has been interrupted’’ and inserting ‘‘migratory children, including the 

most at-risk migratory children’’; and 

(6) by adding at the end the following: 

‘‘(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.’’. 

(c) STATE APPLICATIONS; SERVICES.—Section 1304 (20 U.S.C. 

6394) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘special educational needs’’ and 

inserting ‘‘unique educational needs’’; and 

(II) by inserting ‘‘and migratory children who 

have dropped out of school’’ after ‘‘preschool migratory children’’; 

(ii) in subparagraph (B)— 

(I) by striking ‘‘migrant children’’ and inserting ‘‘migratory children’’; and 

(II) by striking ‘‘part A or B of title III’’ and 

inserting ‘‘part A of title III’’; and 

(iii) by striking subparagraph (D) and inserting 

the following: 

‘‘(D) measurable program objectives and outcomes;’’; 

(B) in paragraph (2), by striking ‘‘challenging State 

academic content standards and challenging State student 

academic achievement standards’’ and inserting ‘‘challenging State academic standards’’; 


smartinez on DSK4TPTVN1PROD with REPORTS
98 

(C) in paragraph (3), by striking ‘‘, consistent with procedures the Secretary may require,’’; 

(D) in paragraph (5), by inserting ‘‘and’’ after the semicolon; 

(E) by striking paragraph (6); 

(F) by redesignating paragraph (7) as paragraph (6); 

and 

(G) in paragraph (6), as redesignated by subparagraph 

(F), by striking ‘‘who have parents who do not have a high 

school diploma’’ and inserting ‘‘whose parents do not have 

a high school diploma’’; 

(2) in subsection (c)— 

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

‘‘, satisfactory to the Secretary,’’; 

(B) in paragraph (2), by striking ‘‘subsections (b) and 

(c) of section 1120A, and part I’’ and inserting ‘‘subsections 

(b) and (c) of section 1118, and part F’’; 

(C) in paragraph (3)— 

(i) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘parent advisory councils’’ and 

inserting ‘‘parents of migratory children, including 

parent advisory councils,’’; and 

(II) by striking ‘‘of 1 school year in duration’’ 

and inserting ‘‘not less than 1 school year in duration’’; and 

(ii) in subparagraph (A), by striking ‘‘section 1118’’ 

and inserting ‘‘section 1116’’; 

(D) in paragraph (4), by inserting ‘‘and migratory children who have dropped out of school’’ after ‘‘preschool migratory children’’; 

(E) by redesignating paragraph (7) as paragraph (8); 

(F) by striking paragraph (6) and inserting the following: 

‘‘(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’’; and 

(G) in paragraph (8), as redesignated by subparagraph 

(E), by striking ‘‘paragraphs (1)(A) and (2)(B)(i) of section 

1303(a), through such procedures as the Secretary may require’’ and inserting ‘‘section 1303(a)(1)’’; 


smartinez on DSK4TPTVN1PROD with REPORTS
99 

(3) by striking subsection (d) and inserting the following: 

‘‘(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.’’; and 

(4) in subsection (e)(3), by striking ‘‘secondary school students’’ and inserting ‘‘students’’. 

(d) SECRETARIAL APPROVAL; PEER REVIEW.—Section 1305 (20 

U.S.C. 6395) is amended to read as follows: 

‘‘SEC. 1305. 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.’’. 

(e) COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIV- ERY PLAN; AUTHORIZED ACTIVITIES.—Section 1306 (20 U.S.C. 6396) 

is amended— 

(1) in subsection (a)(1)— 

(A) in the matter preceding subparagraph (A), by striking ‘‘special’’ and inserting ‘‘unique’’; 

(B) in subparagraph (B)— 

(i) in the matter preceding clause (i), by striking 

‘‘section 9302’’ and inserting ‘‘section 8302’’; and 

(ii) in clause (i), by striking ‘‘special’’ and inserting 

‘‘unique’’; 

(C) in subparagraph (C), by striking ‘‘challenging State 

academic content standards and challenging State student 

academic achievement standards’’ and inserting ‘‘challenging State academic standards’’; and 

(D) in subparagraph (F), by striking ‘‘part A or B of 

title III’’ and inserting ‘‘part A of title III’’; and 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘shall have the flexibility to’’ and inserting ‘‘retains the flexibility to’’; and 

(B) in paragraph (4), by striking ‘‘special educational’’ 

and inserting ‘‘unique educational’’. 

(f) BYPASS.—Section 1307 (20 U.S.C. 6397) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘nonprofit’’; and 

(2) in paragraph (3), by striking ‘‘welfare or educational attainment’’ and inserting ‘‘educational achievement’’. 

(g) COORDINATION OF MIGRANT EDUCATION ACTIVITIES.—Section 1308 (20 U.S.C. 6398) is amended— 

(1) in subsection (a)(1)— 

(A) by striking ‘‘nonprofit’’; 

(B) by inserting ‘‘through’’ after ‘‘including’’; and 

(C) by striking ‘‘students’’ and inserting ‘‘children’’; and 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘developing effective 

methods for’’; 

(B) in paragraph (2)— 

(i) in subparagraph (A)— 


smartinez on DSK4TPTVN1PROD with REPORTS
100 

(I) in the matter preceding clause (i), by striking ‘‘The Secretary, in consultation’’ and all that 

follows through ‘‘include—’’ and inserting the following: ‘‘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—’’; 

(II) in clause (ii), by striking ‘‘required under 

section 1111(b)’’ and inserting ‘‘under section 

1111(b)(2)’’; and 

(III) in clause (iii), by striking ‘‘high standards’’ and inserting ‘‘the challenging State academic standards’’; 

(ii) by redesignating subparagraph (B) as subparagraph (C); 

(iii) by inserting after subparagraph (A) the following: 

‘‘(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.’’; 

and 

(iv) in subparagraph (C), as redesignated by clause 

(ii)— 

(I) by striking ‘‘the proposed data elements’’ 

and inserting ‘‘any new proposed data elements’’; 

and 

(II) by striking ‘‘Such publication shall occur 

not later than 120 days after the date of enactment 

of the No Child Left Behind Act of 2001.’’; and 

(C) by striking paragraph (4). 

(h) DEFINITIONS.—Section 1309 (20 U.S.C. 6399) is amended— 

(1) in paragraph (1)(B), by striking ‘‘nonprofit’’; and 

(2) by striking paragraph (2) and inserting the following: 

‘‘(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. 


smartinez on DSK4TPTVN1PROD with REPORTS
101 

‘‘(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 

‘‘(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 AT-RISK 

SEC. 1401. PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, 

OR AT-RISK. 

Part D of title I (20 U.S.C. 6421 et seq.) is amended— 

(1) in section 1401(a)— 

(A) in paragraph (1)— 

(i) by inserting ‘‘, tribal,’’ after ‘‘youth in local’’; 

and 

(ii) by striking ‘‘challenging State academic content 

standards and challenging State student academic 

achievement standards’’ and inserting ‘‘challenging 

State academic standards’’; and 

(B) in paragraph (3), by inserting ‘‘and the involvement 

of their families and communities’’ after ‘‘to ensure their 

continued education’’; 

(2) in section 1412(b), by striking paragraph (2) and inserting the following: 

‘‘(2) MINIMUM PERCENTAGE.—The percentage in paragraph 

(1)(A) shall not be less than 85 percent.’’; 

(3) in section 1414— 

(A) in subsection (a)— 


smartinez on DSK4TPTVN1PROD with REPORTS
102 

(i) in paragraph (1)(B), by striking ‘‘from correctional facilities to locally operated programs’’ and inserting ‘‘between correctional facilities and locally operated programs’’; and 

(ii) in paragraph (2)— 

(I) in subparagraph (A)— 

(aa) by striking ‘‘the program goals, objectives, and performance measures established 

by the State’’ and inserting ‘‘the program objectives and outcomes established by the 

State’’; and 

(bb) by striking ‘‘vocational’’ and inserting 

‘‘career’’; 

(II) in subparagraph (B), by striking ‘‘and’’ 

after the semicolon; 

(III) by redesignating subparagraph (C) as 

subparagraph (D); 

(IV) by inserting after subparagraph (B) the 

following: 

‘‘(C) describe how the State will place a priority for 

such children to attain a regular high school diploma, to 

the extent feasible;’’; 

(V) in subparagraph (D), as redesignated by 

subclause (III)— 

(aa) in clause (i), by inserting ‘‘and’’ after 

the semicolon; 

(bb) by striking clause (ii) and redesignating clause (iii) as clause (ii); and 

(cc) by striking clause (iv); and 

(VI) by adding at the end the following: 

‘‘(E) provide assurances that the State educational 

agency has established— 

‘‘(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.’’; and 

(B) in subsection (c)— 

(i) in paragraph (1), by inserting ‘‘and, to the extent practicable, provide for such assessment upon 

entry into a correctional facility’’ after ‘‘to be served 

under this subpart’’; 

(ii) in paragraph (6)— 

(I) by striking ‘‘carry out the evaluation requirements of section 9601 and how’’ and inserting 

‘‘use’’; 

(II) by inserting ‘‘under section 8601’’ after ‘‘recent evaluation’’; and 

(III) by striking ‘‘will be used’’; 


smartinez on DSK4TPTVN1PROD with REPORTS
103 

(iii) in paragraph (7), by striking ‘‘section 9521’’ 

and inserting ‘‘section 8521’’; 

(iv) paragraph (8)— 

(I) by striking ‘‘Public Law 105–220’’ and inserting ‘‘the Workforce Innovation and Opportunity 

Act’’; and 

(II) by striking ‘‘vocational’’ and inserting ‘‘career’’; 

(v) in paragraph (9)— 

(I) by inserting ‘‘and after’’ after ‘‘prior to’’; 

and 

(II) by inserting ‘‘in order to facilitate the transition of such children and youth between the correctional facility and the local educational agency 

or alternative education program’’ after ‘‘the local 

educational agency or alternative education program’’; 

(vi) in paragraph (11), by striking ‘‘transition of 

children and youth from such facility or institution to’’ 

and inserting ‘‘transition of such children and youth 

between such facility or institution and’’; 

(vii) in paragraph (16)— 

(I) by inserting ‘‘and attain a regular high 

school diploma’’ after ‘‘to encourage the children 

and youth to reenter school’’; and 

(II) by striking ‘‘achieve a secondary school diploma’’ and inserting ‘‘attain a regular high school 

diploma’’; 

(viii) in paragraph (17), by inserting ‘‘certified or 

licensed’’ after ‘‘provides an assurance that’’; 

(ix) in paragraph (18), by striking ‘‘and’’ after the 

semicolon; 

(x) in paragraph (19), by striking the period at the 

end and inserting ‘‘; and’’; and 

(xi) by adding at the end the following: 

‘‘(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).’’; 

(4) in section 1415— 

(A) in subsection (a)— 

(i) in paragraph (1)(B), by striking ‘‘vocational or 

technical training’’ and inserting ‘‘career and technical 

education’’; and 

(ii) in paragraph (2)— 

(I) by striking subparagraph (A) and inserting 

the following: 

‘‘(A) may include— 

‘‘(i) the acquisition of equipment; 

‘‘(ii) pay-for-success initiatives; or 


smartinez on DSK4TPTVN1PROD with REPORTS
104 

‘‘(iii) providing targeted services for youth who 

have come in contact with both the child welfare system and juvenile justice system;’’; 

(II) in subparagraph (B)— 

(aa) in clause (i), by striking ‘‘the State’s 

challenging academic content standards and 

student academic achievement standards’’ and 

inserting ‘‘the challenging State academic 

standards’’; 

(bb) in clause (ii), by striking ‘‘supplement 

and improve’’ and inserting ‘‘respond to the 

educational needs of such children and youth, 

including by supplementing and improving’’; 

and 

(cc) in clause (iii)— 

(AA) by striking ‘‘challenging State 

academic achievement standards’’ and inserting ‘‘challenging State academic 

standards’’; and 

(BB) by inserting ‘‘and’’ after the 

semicolon; 

(III) in subparagraph (C)— 

(aa) by striking ‘‘section 1120A and part 

I’’ and inserting ‘‘section 1118 and part F’’; 

and 

(bb) by striking ‘‘; and’’ and inserting a 

period; and 

(IV) by striking subparagraph (D); and 

(B) in subsection (b), by striking ‘‘section 1120A’’ and 

inserting ‘‘section 1118’’; 

(5) in section 1416— 

(A) in paragraph (3)— 

(i) by striking ‘‘challenging State academic content 

standards and student academic achievement standards’’ and inserting ‘‘challenging State academic standards’’; and 

(ii) by striking ‘‘complete secondary school, attain 

a secondary diploma’’ and inserting ‘‘attain a regular 

high school diploma’’; 

(B) in paragraph (4)— 

(i) by striking ‘‘pupil’’ and inserting ‘‘specialized instructional support’’; and 

(ii) by inserting ‘‘, 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’’ after ‘‘children and youth described in paragraph (1)’’; and 

(C) in paragraph (6), by striking ‘‘student progress’’ 

and inserting ‘‘and improve student achievement’’; 

(6) in section 1418(a)— 


smartinez on DSK4TPTVN1PROD with REPORTS
105 

(A) by striking paragraph (1) and inserting the following: 

‘‘(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’’; and 

(B) in paragraph (2)— 

(i) by striking ‘‘vocational’’ each place the term appears and inserting ‘‘career’’; and 

(ii) in the matter preceding subparagraph (A), by 

striking ‘‘secondary’’ and inserting ‘‘regular high’’; 

(7) in section 1419— 

(A) by striking the section heading and inserting ‘‘TECHNICAL ASSISTANCE’’; and 

(B) by striking ‘‘for a fiscal year’’ and all that follows 

through ‘‘to provide’’ and inserting ‘‘for a fiscal year to provide’’; 

(8) in section 1421(3), by inserting ‘‘, including schools operated or funded by the Bureau of Indian Education,’’ after 

‘‘local schools’’; 

(9) in section 1422(d), by striking ‘‘impact on meeting the 

transitional’’ and inserting ‘‘impact on meeting such transitional’’; 

(10) in section 1423— 

(A) in paragraph (2)(B), by inserting ‘‘, including such 

facilities operated by the Secretary of the Interior and Indian tribes’’ after ‘‘the juvenile justice system’’; 

(B) by striking paragraph (4) and inserting the following: 

‘‘(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;’’; 

(C) in paragraph (7)— 

(i) by inserting ‘‘institutions of higher education or’’ 

after ‘‘partnerships with’’; and 

(ii) by striking ‘‘develop training, curriculum-based 

youth entrepreneurship education’’ and inserting ‘‘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’’; 

(D) in paragraph (8), by inserting ‘‘and family members’’ after ‘‘will involve parents’’; 

(E) in paragraph (9), by striking ‘‘vocational’’ and inserting ‘‘career’’; and 

(F) in paragraph (13), by striking ‘‘regular’’ and inserting ‘‘traditional’’; 

(11) in section 1424— 

(A) in the matter before paragraph (1), by striking 

‘‘Funds provided’’ and inserting the following: 


smartinez on DSK4TPTVN1PROD with REPORTS
106 

‘‘(a) IN GENERAL.—Funds provided’’; 

(B) in paragraph (2), by striking ‘‘, including’’ and all 

that follows through ‘‘gang members’’; 

(C) in paragraph (4)— 

(i) by striking ‘‘vocational’’ and inserting ‘‘career’’; 

and 

(ii) by striking ‘‘and’’ after the semicolon; and 

(D) in paragraph (5), by striking the period at the end 

and inserting a semicolon; 

(E) by inserting the following after paragraph (5): 

‘‘(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.’’; and 

(F) by inserting after paragraph (7) the following: 

‘‘(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.’’; 

(12) in section 1425— 

(A) in paragraph (4)— 

(i) by inserting ‘‘and attain a regular high school 

diploma’’ after ‘‘reenter school’’; and 

(ii) by striking ‘‘a secondary school diploma’’ and 

inserting ‘‘a regular high school diploma’’; 

(B) in paragraph (6), by striking ‘‘high academic 

achievement standards’’ and inserting ‘‘the challenging 

State academic standards’’; 

(C) in paragraph (9), by striking ‘‘vocational’’ and inserting ‘‘career’’; 

(D) in paragraph (10), by striking ‘‘and’’ after the semicolon; 

(E) in paragraph (11), by striking the period at the end 

and inserting a semicolon; and 

(F) by adding at the end the following: 

‘‘(12) upon the child’s or youth’s entry into the correctional 

facility, work with the child’s or youth’s family members and 

the local educational agency that most recently provided services to the child or youth (if applicable) to ensure that the relevant 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.’’; 

(13) in section 1426— 

(A) in paragraph (1), by striking ‘‘reducing dropout 

rates for male students and for female students over a 3- 

year period’’ and inserting ‘‘the number of children and 


smartinez on DSK4TPTVN1PROD with REPORTS
107 

youth attaining a regular high school diploma or its recognized equivalent’’; and 

(B) in paragraph (2)— 

(i) by striking ‘‘obtaining a secondary school diploma’’ and inserting ‘‘attaining a regular high school 

diploma’’; and 

(ii) by striking ‘‘obtaining employment’’ and inserting ‘‘attaining employment’’; 

(14) in section 1431(a)— 

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

‘‘while protecting individual student privacy,’’ after ‘‘age’’; 

(B) striking ‘‘secondary’’ each place the term appears 

and inserting ‘‘high’’; 

(C) in paragraph (1), by inserting ‘‘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’’ after ‘‘educational achievement’’; and 

(D) in paragraph (3), by inserting ‘‘or school operated 

or funded by the Bureau of Indian Education’’ after ‘‘local 

educational agency’’; and 

(15) in section 1432(2)— 

(A) by inserting ‘‘dependency adjudication, or delinquency adjudication,’’ after ‘‘failure,’’; 

(B) by striking ‘‘has limited English proficiency’’ and 

inserting ‘‘is an English learner’’; and 

(C) by inserting ‘‘or child welfare system’’ after ‘‘juvenile justice system’’. 

PART E—FLEXIBILITY FOR EQUITABLE PERPUPIL FUNDING 

SEC. 1501. FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING. 

(a) REORGANIZATION.—Title I (20 U.S.C. 6571 et seq.), as 

amended by this title, is further amended— 

(1) by striking parts E through H; 

(2) by redesignating part I as part F; 

(3) by striking sections 1907 and 1908; 

(4) by redesignating sections 1901 through 1903 as sections 

1601 through 1603, respectively; and 

(5) by redesignating sections 1905 and 1906 as sections 

1604 and 1605, respectively. 

(b) IN GENERAL.—Title I (20 U.S.C. 6571 et seq.), as amended 

by this title, is further amended by inserting after section 1432 the 

following: 

‘‘PART E—FLEXIBILITY FOR EQUITABLE PERPUPIL FUNDING 

‘‘SEC. 1501. 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 

in order to create a single school funding system based on weighted 


smartinez on DSK4TPTVN1PROD with REPORTS
108 

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— 

‘‘(i) the weights used to allocate funds within such 

system; 


smartinez on DSK4TPTVN1PROD with REPORTS
109 

‘‘(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 laws in carrying out the agreement and in consolidating and using funds under the agreement. 

‘‘(2) REQUIREMENTS OF THE SYSTEM.— 


smartinez on DSK4TPTVN1PROD with REPORTS
110 

‘‘(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 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
111 

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 

provide supporting evidence as provided for in subsection (i)), terminate 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 


smartinez on DSK4TPTVN1PROD with REPORTS
112 

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. GENERAL PROVISIONS. 

(a) FEDERAL REGULATIONS.—Section 1601 (20 U.S.C. 6571), as 

redesignated by section 1501(a)(4) of this Act, is amended— 

(1) in subsection (a), by inserting ‘‘, in accordance with subsections (b) through (d) and subject to section 1111(e),’’ after 

‘‘may issue’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by inserting ‘‘principals, other 

school leaders (including charter school leaders),’’ after 

‘‘teachers,’’; 

(B) in paragraph (2), by adding at the end the following: ‘‘Such regional meetings and electronic exchanges 

of information shall be public and notice of such meetings 

and exchanges shall be provided to interested stakeholders.’’; 

(C) in paragraph (3)(A), by striking ‘‘standards and assessments’’ and inserting ‘‘standards, assessments under 

section 1111(b)(2), and the requirement under section 1118 


smartinez on DSK4TPTVN1PROD with REPORTS
113 

that funds under part A be used to supplement, and not 

supplant, State and local funds’’; 

(D) by striking paragraph (4) and inserting the following: 

‘‘(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’).’’; and 

(E) by striking paragraph (5); 

(3) by redesignating subsection (c) as subsection (d); 

(4) by inserting after subsection (b) the following: 

‘‘(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; 

‘‘(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 SITUA- TIONS.—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— 


smartinez on DSK4TPTVN1PROD with REPORTS
114 

‘‘(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.’’; 

(5) in subsection (d), as redesignated by paragraph (3), by 

striking ‘‘Regulations to carry out this part’’ and inserting ‘‘Regulations to carry out this title’’; and 

(6) by inserting after subsection (d), as redesignated by 

paragraph (3), the following: 

‘‘(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’).’’. 

(b) AGREEMENTS AND RECORDS.—Subsection (a) of section 1602 

(20 U.S.C. 6572(a)), as redesignated by section 1501(a)(4) of this 

Act, is amended to read as follows: 

‘‘(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.’’. 

(c) STATE ADMINISTRATION.—Section 1603 (20 U.S.C. 6573), as 

redesignated by section 1501(a)(4) of this Act, is further amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) in subparagraph (C), by striking ‘‘and’’ after the 

semicolon; 

(ii) in subparagraph (D), by striking the period 

and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(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.’’; and 

(B) in paragraph (2), by striking ‘‘the challenging State 

student academic achievement standards’’ and inserting 

‘‘the challenging State academic standards’’; and 

(2) in subsection (b)(2), by striking subparagraphs (C) 

through (G) and inserting the following: 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
115 

‘‘(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).’’. 

TITLE II—PREPARING, TRAINING, AND 

RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, OR OTHER SCHOOL 

LEADERS 

SEC. 2001. GENERAL PROVISIONS. 

(a) TITLE II TRANSFERS AND RELATED AMENDMENTS.— 

(1) Section 2366(b) (20 U.S.C. 6736(b)) is amended by striking the matter following paragraph (2) and inserting the following: 

‘‘(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.’’. 

(2) Subpart 4 of part D of title II (20 U.S.C. 6777) is 

amended, by striking the subpart designation and heading and 

inserting the following: 

‘‘Subpart 4—Internet Safety’’. 

(3) Subpart 5 of part C of title II (20 U.S.C. 6731 et seq.) 

(as amended by paragraph (1) of this subsection) is— 

(A) transferred to title IX; 

(B) inserted so as to appear after subpart 2 of part E 

of such title; 

(C) redesignated as subpart 3 of such part; and 

(D) further amended by redesignating sections 2361 

through 2368 as sections 9541 through 9548, respectively. 

(4) Subpart 4 of part D of title II (20 U.S.C. 6777 et seq) 

(as amended by paragraph (2) of this subsection) is— 

(A) transferred to title IV; 

(B) inserted so as to appear after subpart 4 of part A 

of such title; 

(C) redesignated as subpart 5 of such part; and 

(D) further amended by redesignating section 2441 as 

section 4161. 

SEC. 2002. PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY 

TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS. 

The Act (20 U.S.C. 6301 et seq.) is amended by striking title II 

and inserting the following: 


smartinez on DSK4TPTVN1PROD with REPORTS
116 

‘‘TITLE II—PREPARING, TRAINING, AND 

RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, OR OTHER SCHOOL 

LEADERS 

‘‘SEC. 2001. 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 

‘‘(4) provide low-income and minority students greater access to effective teachers, principals, and other school leaders. 

‘‘SEC. 2002. 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. 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
117 

(as determined by the State), identified in the academy’s 

authorizing agreement. 

‘‘(4) TEACHER, PRINCIPAL, OR OTHER SCHOOL LEADER PREPARATION 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 high-needs 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 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— 


smartinez on DSK4TPTVN1PROD with REPORTS
118 

‘‘(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)— 

‘‘(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. 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 


smartinez on DSK4TPTVN1PROD with REPORTS
119 

‘‘(3) $489,168,000 for fiscal year 2020. 

‘‘PART A—SUPPORTING EFFECTIVE 

INSTRUCTION 

‘‘SEC. 2101. 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). 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
120 

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 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
121 

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. 

‘‘(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— 


smartinez on DSK4TPTVN1PROD with REPORTS
122 

‘‘(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 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 


smartinez on DSK4TPTVN1PROD with REPORTS
123 

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 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
124 

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 

‘‘(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. 


smartinez on DSK4TPTVN1PROD with REPORTS
125 

‘‘(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 Educational 

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. 


smartinez on DSK4TPTVN1PROD with REPORTS
126 

‘‘(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 

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 demVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00130 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
127 

onstrated 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. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES. 

‘‘(a) ALLOCATION OF FUNDS TO LOCAL EDUCATIONAL AGEN- CIES.— ‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
128 

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 

are implementing comprehensive support and improvement 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
129 

‘‘(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. 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 

‘‘(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— 


smartinez on DSK4TPTVN1PROD with REPORTS
130 

‘‘(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 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 disVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00134 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
131 

abilities, 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 

teachers, principals, or other school leaders with selecting 

and implementing formative assessments, designing classroom-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; 


smartinez on DSK4TPTVN1PROD with REPORTS
132 

‘‘(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 highquality 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 

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. 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. 


smartinez on DSK4TPTVN1PROD with REPORTS
133 

‘‘(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. 

‘‘PART B—NATIONAL ACTIVITIES 

‘‘SEC. 2201. 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. 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; 


smartinez on DSK4TPTVN1PROD with REPORTS
134 

‘‘(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 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. 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 


smartinez on DSK4TPTVN1PROD with REPORTS
135 

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. 

‘‘(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— 


smartinez on DSK4TPTVN1PROD with REPORTS
136 

‘‘(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 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
137 

offering opportunities for teams or pairs of effective 

teachers or candidates to teach or start teaching in 

high-need schools together. 

‘‘(D) Implementing, as part of a comprehensive performance-based compensation system, a differentiated salary 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. 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— 


smartinez on DSK4TPTVN1PROD with REPORTS
138 

‘‘(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 

‘‘(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. 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; 


smartinez on DSK4TPTVN1PROD with REPORTS
139 

‘‘(C) includes age-appropriate, explicit instruction in 

writing, including opportunities for children to write with 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
140 

‘‘(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. 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— 


smartinez on DSK4TPTVN1PROD with REPORTS
141 

‘‘(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. 

‘‘(ii) Not less than 40 percent of such grant funds 

shall be used for State and local programs and activiVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00145 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
142 

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. 


smartinez on DSK4TPTVN1PROD with REPORTS
143 

‘‘(B) Administration and evaluation of activities carried 

out under this subpart. 

‘‘SEC. 2223. 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 

subgrant under this section shall use the subgrant funds, consistent 

with the entity’s approved application under subsection (b), to— 

‘‘(1) carry out high-quality professional development opportunities for early childhood educators, teachers, principals, 


smartinez on DSK4TPTVN1PROD with REPORTS
144 

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. 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. 

‘‘(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. 


smartinez on DSK4TPTVN1PROD with REPORTS
145 

‘‘(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 evidencebased 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 

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. 


smartinez on DSK4TPTVN1PROD with REPORTS
146 

‘‘(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. 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; 

‘‘(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 activiVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00150 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
147 

ties, defined for the purpose of this paragraph as activities 

meeting the requirements of section 8101(21)(A)(i). 

‘‘SEC. 2226. 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. 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— 

‘‘(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— 


smartinez on DSK4TPTVN1PROD with REPORTS
148 

‘‘(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. 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 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
149 

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.— 

‘‘(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). 


smartinez on DSK4TPTVN1PROD with REPORTS
150 

‘‘SEC. 2233. 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. 

‘‘(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. FUNDING ALLOTMENT. 

‘‘From the funds reserved under section 2201(4), the Secretary— 


smartinez on DSK4TPTVN1PROD with REPORTS
151 

‘‘(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. 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. 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
152 

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. 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 improve 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 


smartinez on DSK4TPTVN1PROD with REPORTS
153 

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 highneed 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. 

‘‘(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— 


smartinez on DSK4TPTVN1PROD with REPORTS
154 

‘‘(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. 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 

‘‘(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, includVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00158 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
155 

ing 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. 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. 

‘‘(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. 


smartinez on DSK4TPTVN1PROD with REPORTS
156 

‘‘PART C—GENERAL PROVISIONS 

‘‘SEC. 2301. 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. 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.’’. 

TITLE III—LANGUAGE INSTRUCTION 

FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS 

SEC. 3001. REDESIGNATION OF CERTAIN PROVISIONS. 

Title III (20 U.S.C. 6801 et seq.) is amended— 

(1) by striking the title heading and inserting ‘‘LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND 

IMMIGRANT STUDENTS’’; 

(2) in part A— 

(A) by striking section 3122; 

(B) by redesignating sections 3123 through 3129 as sections 3122 through 3128, respectively; and 

(C) by striking subpart 4; 

(3) by striking part B; 

(4) by redesignating part C as part B; and 

(5) in part B, as redesignated by paragraph (4)— 

(A) by redesignating section 3301 as section 3201; 

(B) by striking section 3302; and 

(C) by redesignating sections 3303 and 3304 as sections 

3202 and 3203, respectively. 

SEC. 3002. AUTHORIZATION OF APPROPRIATIONS. 

Section 3001 (20 U.S.C. 6801) is amended to read as follows: 


smartinez on DSK4TPTVN1PROD with REPORTS
157 

‘‘SEC. 3001. 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.’’. 

SEC. 3003. ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND ACADEMIC ACHIEVEMENT. 

(a) PURPOSES.—Section 3102 (20 U.S.C. 6812) is amended to 

read as follows: 

‘‘SEC. 3102. 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.’’. 

(b) FORMULA GRANTS TO STATES.—Section 3111 (20 U.S.C. 

6821) is amended— 

(1) in subsection (b)— 

(A) in paragraph (2), by striking subparagraphs (A) 

through (D) and inserting the following: 

‘‘(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— 


smartinez on DSK4TPTVN1PROD with REPORTS
158 

‘‘(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 

‘‘(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.’’; 

(B) in paragraph (3)— 

(i) in the paragraph heading, by striking ‘‘ADMINISTRATIVE’’ and inserting ‘‘DIRECT ADMINISTRATIVE’’; 

(ii) by striking ‘‘60 percent’’ and inserting ‘‘50 percent’’; and 

(iii) by inserting ‘‘direct’’ before ‘‘administrative 

costs’’; and 

(2) in subsection (c)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘section 3001(a)’’ and inserting ‘‘section 3001’’; 

(ii) in subparagraph (B), by inserting ‘‘and’’ after 

the semicolon; 

(iii) by striking subparagraph (C) and inserting 

the following: 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
159 

Language Instruction Educational Programs described in 

section 3202.’’; and 

(iv) by striking subparagraph (D); 

(B) by striking paragraphs (2) and (4); 

(C) by redesignating paragraph (3) as paragraph (2); 

(D) in paragraph (2)(A), as redesignated by subparagraph (C)— 

(i) in the matter preceding clause (i), by striking 

‘‘section 3001(a)’’ and inserting ‘‘section 3001’’; 

(ii) in clause (i), by striking ‘‘limited English proficient’’ and all that follows through ‘‘States; and’’ and 

inserting ‘‘English learners in the State bears to the 

number of English learners in all States, as determined in accordance with paragraph (3)(A); and’’; and 

(iii) in clause (ii), by inserting ‘‘, as determined in 

accordance with paragraph (3)(B)’’ before the period at 

the end; and 

(E) by adding at the end the following: 

‘‘(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.’’. 

(c) NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN

SCHOOL.—Section 3112(a) (20 U.S.C. 6822(a)) is amended by striking ‘‘Bureau of Indian Affairs’’ each place the term appears and inserting ‘‘Bureau of Indian Education’’. 

(d) STATE AND SPECIALLY QUALIFIED AGENCY PLANS.—Section 

3113 (20 U.S.C. 6823) is amended— 

(1) in subsection (a), by striking ‘‘, in such manner, and 

containing such information’’ and inserting ‘‘and in such manner’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘making’’ and inserting ‘‘awarding’’; and 

(B) by striking paragraphs (2) through (6) and inserting the following: 

‘‘(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, 


smartinez on DSK4TPTVN1PROD with REPORTS
160 

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; 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
161 

‘‘(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.’’; 

(3) in subsection (d)— 

(A) in paragraph (1), by striking ‘‘this part’’ each place 

the term appears and inserting ‘‘this subpart’’; and 

(B) in paragraph (2)(B), by striking ‘‘this part’’ and inserting ‘‘this subpart’’; 

(4) in subsection (e), by striking ‘‘section 9302’’ and inserting ‘‘section 8302’’; and 

(5) in subsection (f)— 

(A) by inserting ‘‘by the State’’ after ‘‘if requested’’; and 

(B) by striking ‘‘, objectives,’’. 

(e) WITHIN-STATE ALLOCATIONS.—Section 3114 (20 U.S.C. 

6824) is amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(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.’’; and 

(2) in subsection (d)(1)— 

(A) by striking ‘‘section 3111(c)(3)’’ and inserting ‘‘section 3111(c)(2)’’; and 

(B) by striking ‘‘preceding the fiscal year’’. 

(f) SUBGRANTS TO ELIGIBLE ENTITIES.—Section 3115 (20 U.S.C. 

6825) is amended to read as follows: 

‘‘SEC. 3115. 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 instrucVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00165 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
162 

tional 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 are 

not the settings of language instruction educational programs), 

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— 


smartinez on DSK4TPTVN1PROD with REPORTS
163 

‘‘(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. 

‘‘(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 IN- CREASES 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— 


smartinez on DSK4TPTVN1PROD with REPORTS
164 

‘‘(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 

‘‘(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.’’. 

(g) LOCAL PLANS.—Section 3116 (20 U.S.C. 6826) is amended— 

(1) in subsection (b), by striking paragraphs (1) through (6) 

and inserting the following: 

‘‘(1) describe the effective programs and activities, including 

language instruction educational programs, proposed to be developed, implemented, and administered under the subgrant 


smartinez on DSK4TPTVN1PROD with REPORTS
165 

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 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.’’; 

(2) in subsection (c), by striking ‘‘limited English proficient 

children’’ and inserting ‘‘English learners’’; and 

(3) by striking subsection (d). 

(h) REPORTING.—Section 3121 (20 U.S.C. 6841) is amended to 

read as follows: 

‘‘SEC. 3121. 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; 


smartinez on DSK4TPTVN1PROD with REPORTS
166 

‘‘(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 

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.’’. 

(i) BIENNIAL REPORTS.—Section 3122 (20 U.S.C. 6843), as redesignated by section 3001(2)(B), is amended— 

(1) in the section heading, by striking ‘‘REPORTING REQUIREMENTS’’ and inserting ‘‘BIENNIAL REPORTS’’; 

(2) in subsection (a)— 

(A) by striking ‘‘evaluations’’ and inserting ‘‘reports’’; 

and 

(B) by striking ‘‘children who are limited English proficient’’ and inserting ‘‘English learners’’; and 

(3) in subsection (b)— 

(A) in paragraph (1)— 

(i) by striking ‘‘limited English proficient children’’ 

and inserting ‘‘English learners’’; and 

(ii) by striking ‘‘children who are limited English 

proficient’’ and inserting ‘‘English learners’’; 

(B) in paragraph (2), by striking ‘‘limited English proficient children’’ and inserting ‘‘English learners’’; 

(C) in paragraph (4), by striking ‘‘section 3111(b)(2)(C)’’ 

and inserting ‘‘section 3111(b)(2)(D)’’; 

(D) in paragraph (5), by striking ‘‘limited English proficient children’’ and inserting ‘‘English learners’’; 

(E) in paragraph (6), by striking ‘‘major findings of scientifically based research carried out under this part’’ and 

inserting ‘‘findings of the most recent evaluation related to 

English learners carried out under section 8601’’; 


smartinez on DSK4TPTVN1PROD with REPORTS
167 

(F) in paragraph (8)— 

(i) by striking ‘‘of limited English proficient children’’ and inserting ‘‘of English learners’’; and 

(ii) by striking ‘‘into classrooms where instruction 

is not tailored for limited English proficient children’’; 

and 

(G) in paragraph (9), by striking ‘‘title’’ and inserting 

‘‘part’’. 

(j) COORDINATION WITH RELATED PROGRAMS.—Section 3123 (20 

U.S.C. 6844), as redesignated by section 3001(2)(B), is amended— 

(1) by striking ‘‘children of limited English proficiency’’ and 

inserting ‘‘English learners’’; 

(2) by striking ‘‘limited English proficient children’’ and inserting ‘‘English learners’’; and 

(3) by inserting after the period at the end the following: 

‘‘The Secretary shall report to the Congress on parallel Federal 

programs in other agencies and departments.’’. 

(k) RULES OF CONSTRUCTION.—Section 3124 (20 U.S.C. 6845), 

as redesignated by section 3001(2)(B), is amended— 

(1) in paragraph (1), by striking ‘‘limited English proficient 

children’’ and inserting ‘‘English learners’’; and 

(2) in paragraph (2), by striking ‘‘limited English proficient 

children’’ and inserting ‘‘English learners’’. 

(l) PROHIBITION.—Section 3128 (20 U.S.C. 6849), as redesignated by section 3001(2)(B), is amended by striking ‘‘limited English 

proficient children’’ and inserting ‘‘English learners’’. 

(m) NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.—Section 

3131 (20 U.S.C. 6861) is amended to read as follows: 

‘‘SEC. 3131. 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; 


smartinez on DSK4TPTVN1PROD with REPORTS
168 

‘‘(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.’’. 

SEC. 3004. GENERAL PROVISIONS. 

(a) DEFINITIONS.—Section 3201 (20 U.S.C. 7011), as redesignated by section 3001(5)(A), is amended— 

(1) by striking paragraphs (3), (4), and (5); 

(2) by inserting after paragraph (2) the following: 

‘‘(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.’’; 

(3) by redesignating paragraphs (6) through (15) as paragraphs (5) through (14), respectively; 

(4) in paragraph (7)(A), as redesignated by paragraph (3)— 

(A) by striking ‘‘a limited English proficient child’’ and 

inserting ‘‘an English learner’’; and 

(B) by striking ‘‘challenging State academic content 

and student academic achievement standards, as required 

by section 1111(b)(1)’’ and inserting ‘‘challenging State academic standards’’; and 

(5) in paragraph (12), as redesignated by paragraph (3), by 

striking ‘‘, as defined in section 3141,’’. 

(b) NATIONAL CLEARINGHOUSE.—Section 3202 (20 U.S.C. 7013), 

as redesignated by section 3001(5)(C), is amended— 

(1) in the matter preceding paragraph (1)— 

(A) by striking ‘‘The Secretary shall’’ and inserting the 

following: 

‘‘(a) IN GENERAL.—The Secretary shall’’; and 

(B) by striking ‘‘limited English proficient children’’ 

and inserting ‘‘English learners’’; 

(2) in paragraph (4)— 

(A) in subparagraph (A), by striking ‘‘limited English 

proficient children’’ and inserting ‘‘English learners, including English learners with a disability, that includes information on best practices on instructing and serving English 

learners’’; and 


smartinez on DSK4TPTVN1PROD with REPORTS
169 

(B) in subparagraph (B), by striking ‘‘limited English 

proficient children’’ and inserting ‘‘English learners’’; and 

(3) by adding at the end the following: 

‘‘(b) CONSTRUCTION.—Nothing in this section shall authorize 

the Secretary to hire additional personnel to execute subsection (a).’’. 

(c) REGULATIONS.—Section 3203 (20 U.S.C. 7014), as redesignated by section 3001(5)(C), is amended— 

(1) by striking ‘‘limited English proficient individuals’’ and 

inserting ‘‘English learners’’; and 

(2) by striking ‘‘limited English proficient children’’ and inserting ‘‘English learners’’. 

TITLE IV—21ST CENTURY SCHOOLS 

SEC. 4001. REDESIGNATIONS AND TRANSFERS. 

(a) TITLE IV TRANSFERS AND RELATED AMENDMENTS.— 

(1) Section 4303 (20 U.S.C. 7183) is amended— 

(A) in subsection (b)(1), by striking ‘‘early childhood development (Head Start) services’’ and inserting ‘‘early childhood education programs’’; 

(B) in subsection (c)(2)— 

(i) in the paragraph heading, by striking ‘‘DEVELOPMENT SERVICES’’ and inserting ‘‘EDUCATION PROGRAMS’’; and 

(ii) by striking ‘‘development (Head Start) services’’ 

and inserting ‘‘education programs’’; and 

(C) in subsection (e)(3), by striking subparagraph (C) 

and inserting the following: 

‘‘(C) such other matters as justice may require.’’. 

(2) Subpart 3 of part A of title IV (20 U.S.C. 7151) is— 

(A) transferred to title IX (as amended by section 2001 

of this Act); 

(B) inserted so as to appear after subpart 3 of part E 

of such title (as so transferred and redesignated); 

(C) redesignated as subpart 4 of such part; and 

(D) amended by redesignating section 4141 as section 

9551. 

(3) Section 4155 (20 U.S.C. 7165) is— 

(A) transferred to title IX (as amended by section 2001 

of this Act and paragraph (2) of this subsection); 

(B) inserted so as to appear after section 9536; and 

(C) redesignated as section 9537. 

(4) Part C of title IV (20 U.S.C. 7181 et seq.) (as amended 

by paragraph (1) of this subsection) is— 

(A) transferred to title IX (as amended by section 2001 

of this Act and paragraphs (2) and (3) of this subsection); 

(B) inserted so as to appear after subpart 4 of part E 

of such title IX (as so transferred and redesignated); and 

(C) amended— 

(i) by striking the part designation and heading 

and inserting ‘‘SUBPART 5—ENVIRONMENTAL 

TOBACCO SMOKE’’; and 

(ii) by redesignating sections 4301 through 4304 as 

sections 9561 through 9564, respectively. 


smartinez on DSK4TPTVN1PROD with REPORTS
170 

(5) Title IV (as amended by section 2001 of this Act and 

paragraphs (1) through (4) of this subsection) is further amended— 

(A) in the part heading of part A, by striking ‘‘SAFE 

AND DRUG-FREE SCHOOLS AND COMMUNITIES’’ 

and inserting ‘‘STUDENT SUPPORT AND ACADEMIC 

ENRICHMENT GRANTS’’; 

(B) by striking subparts 2 and 4 of part A; 

(C) by redesignating subpart 5 of part A (as so transferred and redesignated by section 2001(4) of this Act) as 

subpart 2 of part A; and 

(D) by redesignating section 4161 (as so redesignated) 

as section 4121. 

(b) TITLE V TRANSFERS AND RELATED AMENDMENTS.— 

(1) IN GENERAL.—Title V (20 U.S.C. 7201 et seq.) is amended— 

(A) by striking part A; 

(B) by striking subparts 2 and 3 of part B; and 

(C) by striking part D. 

(2) CHARTER SCHOOLS.—Part B of title V (20 U.S.C. 7221 

et seq.) (as amended by paragraph (1) of this subsection) is— 

(A) transferred to title IV (as amended by section 2001 

of this Act and subsection (a) of this section); 

(B) inserted so as to appear after part B of such title; 

(C) redesignated as part C of such title; and 

(D) further amended— 

(i) in the part heading, by striking ‘‘PUBLIC 

CHARTER SCHOOLS’’ and inserting ‘‘EXPANDING 

OPPORTUNITY THROUGH QUALITY CHARTER 

SCHOOLS’’; 

(ii) by striking the subpart heading for subpart 1; 

and 

(iii) by redesignating sections 5201 through 5211 

as sections 4301 through 4311, respectively. 

(3) MAGNET SCHOOLS.—Part C of title V (20 U.S.C. 7231 et 

seq.) is— 

(A) transferred to title IV (as amended by section 2001 

of this Act, subsection (a) of this section, and paragraph (2) 

of this subsection) 

(B) inserted so as to appear after part C of such title 

(as so transferred and redesignated); 

(C) redesignated as part D of such title; and 

(D) amended— 

(i) by redesignating sections 5301 through 5307 as 

sections 4401 through 4407, respectively; 

(ii) by striking sections 5308 and 5310; and 

(iii) by redesignating sections 5309 and 5311 as 

sections 4408 and 4409, respectively. 

(4) TITLE V.—Title V, as amended by this section, is repealed. 

SEC. 4002. GENERAL PROVISIONS. 

Title IV (20 U.S.C. 7101 et seq.), as redesignated and amended 

by section 4001, is further amended by striking sections 4001 

through 4003 and inserting the following: 


smartinez on DSK4TPTVN1PROD with REPORTS
171 

‘‘SEC. 4001. 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. 

‘‘(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.’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
172 

PART A—STUDENT SUPPORT AND ACADEMIC 

ENRICHMENT GRANTS 

SEC. 4101. STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS. 

Subpart 1 of part A of title IV (20 U.S.C. 7101 et seq.) is 

amended to read as follows: 

‘‘Subpart 1—Student Support and Academic 

Enrichment Grants 

‘‘SEC. 4101. 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. 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— 

‘‘(A) that include an element of online or digital learning, combined with supervised learning time, and studentled 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 delivVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00176 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
173 

ery 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. 

‘‘(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. 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. 


smartinez on DSK4TPTVN1PROD with REPORTS
174 

‘‘(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.— ‘‘(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. STATE USE OF FUNDS. 

‘‘(a) IN GENERAL.—Each State that receives an allotment under 

section 4103 for a fiscal year shall— 


smartinez on DSK4TPTVN1PROD with REPORTS
175 

‘‘(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 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
176 

‘‘(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 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 adVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00180 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
177 

ministrators 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)); 

‘‘(iv) disseminating promising practices related to 

technology instruction, data security, and the acquisition 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. 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 eduVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00181 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
178 

cational 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 

than 2 percent for the direct administrative costs of carrying out the 

local educational agency’s responsibilities under this subpart. 

‘‘SEC. 4106. 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 


smartinez on DSK4TPTVN1PROD with REPORTS
179 

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. 

‘‘(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— 


smartinez on DSK4TPTVN1PROD with REPORTS
180 

‘‘(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 

‘‘(v) are identified as a persistently dangerous public elementary school or secondary school under section 

8532; 

‘‘(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. 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; 


smartinez on DSK4TPTVN1PROD with REPORTS
181 

‘‘(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— 

‘‘(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 highquality 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 


smartinez on DSK4TPTVN1PROD with REPORTS
182 

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. 

‘‘(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. 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 


smartinez on DSK4TPTVN1PROD with REPORTS
183 

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 

‘‘(II) provide comprehensive school-based mental health services and supports and staff development 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 wellbeing 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— 


smartinez on DSK4TPTVN1PROD with REPORTS
184 

‘‘(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 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
185 

‘‘(I) pay for success initiatives aligned with the purposes of this section. 

‘‘SEC. 4109. 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 allocation 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 


smartinez on DSK4TPTVN1PROD with REPORTS
186 

‘‘(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. 

‘‘(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. 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. 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. 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.’’. 

PART B—21ST CENTURY COMMUNITY 

LEARNING CENTERS 

SEC. 4201. 21ST CENTURY COMMUNITY LEARNING CENTERS. 

(a) PROGRAM AUTHORIZED.—Part B of title IV (20 U.S.C. 7171 

et seq.) is amended to read as follows: 

‘‘PART B—21ST CENTURY COMMUNITY 

LEARNING CENTERS 

‘‘SEC. 4201. 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 indemand industry sector or occupation for high school students 


smartinez on DSK4TPTVN1PROD with REPORTS
187 

that are designed to reinforce and complement the regular academic program of participating students; and 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
188 

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. 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 

amount allotted to such State under subsection (b), for each fiscal year for awards to eligible entities under section 4204. 


smartinez on DSK4TPTVN1PROD with REPORTS
189 

‘‘(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. 

‘‘(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. 

‘‘(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). 

‘‘SEC. 4203. 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; 

‘‘(2) describes how the State educational agency will use 

funds received under this part, including funds reserved for 

State-level activities; 


smartinez on DSK4TPTVN1PROD with REPORTS
190 

‘‘(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, 

other Federal, State, and local public funds expended to provide 

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 applicaVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00194 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
191 

tions 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 ongoing 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 

‘‘(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. 


smartinez on DSK4TPTVN1PROD with REPORTS
192 

‘‘(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. 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 

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; 


smartinez on DSK4TPTVN1PROD with REPORTS
193 

‘‘(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; 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
194 

‘‘(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. 

‘‘(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. 


smartinez on DSK4TPTVN1PROD with REPORTS
195 

‘‘(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 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. 


smartinez on DSK4TPTVN1PROD with REPORTS
196 

‘‘SEC. 4205. 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 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; 


smartinez on DSK4TPTVN1PROD with REPORTS
197 

‘‘(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. 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.’’. 

PART C—EXPANDING OPPORTUNITY THROUGH 

QUALITY CHARTER SCHOOLS 

SEC. 4301. CHARTER SCHOOLS. 

Part C of title IV (20 U.S.C. 7221 et seq.), as redesignated by 

section 4001, is amended— 

(1) by striking sections 4301 through 4305, as redesignated 

by section 4001, and inserting the following: 

‘‘SEC. 4301. 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; 


smartinez on DSK4TPTVN1PROD with REPORTS
198 

‘‘(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. 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. 

‘‘(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. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS. 

‘‘(a) STATE ENTITY DEFINED.—For purposes of this section, the 

term ‘State entity’ means— 


smartinez on DSK4TPTVN1PROD with REPORTS
199 

‘‘(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 

grant received under this section to carry out the activities described 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 


smartinez on DSK4TPTVN1PROD with REPORTS
200 

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 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
201 

‘‘(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. 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
202 

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 

and charter schools in the State to maximize charter 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 


smartinez on DSK4TPTVN1PROD with REPORTS
203 

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 operational 

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 high-quality charter schools, and the expansion of high-quality 

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— 


smartinez on DSK4TPTVN1PROD with REPORTS
204 

‘‘(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; 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
205 

‘‘(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, 

consistent with State law, such as through providing technical 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 


smartinez on DSK4TPTVN1PROD with REPORTS
206 

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 WAIVERS.—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 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
207 

‘‘(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. 

‘‘(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. 


smartinez on DSK4TPTVN1PROD with REPORTS
208 

‘‘(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. 

‘‘(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. 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 


smartinez on DSK4TPTVN1PROD with REPORTS
209 

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— 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
210 

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. 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.— 


smartinez on DSK4TPTVN1PROD with REPORTS
211 

‘‘(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; 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
212 

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). 

‘‘(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 enhancVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00216 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
213 

ing, 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 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 per-pupil 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. 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 purVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00217 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
214 

pose 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. 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
215 

‘‘(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; 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
216 

‘‘(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 

have the same terms and conditions as grants awarded to State entities under section 4303.’’; 

(2) in section 4306 (20 U.S.C. 7221e), as redesignated by 

section 4001, by adding at the end the following: 

‘‘(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.’’; 

(3) in section 4308 (20 U.S.C. 7221g), as redesignated by 

section 4001, by inserting ‘‘as quickly as possible and’’ before ‘‘to 

the extent practicable’’; 

(4) in section 4310 (20 U.S.C. 7221i), as redesignated by 

section 4001— 

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

‘‘subpart’’ and inserting ‘‘part’’; 

(B) by redesignating paragraphs (1), (2), and (3) as 

paragraphs (2), (5), and (6), respectively; 

(C) by redesignating paragraph (4) as paragraph (1), 

and moving such paragraph so as to precede paragraph (2), 

as redesignated by subparagraph (B); 

(D) in paragraph (2), as redesignated by subparagraph 

(B)— 

(i) in subparagraph (G), by striking ‘‘, and part B’’ 

and inserting ‘‘, 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’’; 

(ii) by striking subparagraph (H) and inserting the 

following: 

‘‘(H) is a school to which parents choose to send their 

children, and that— 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
217 

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);’’; 

(iii) by striking subparagraph (I) and inserting the 

following: 

‘‘(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;’’; 

(iv) in subparagraph (K), by striking ‘‘and’’ at the 

end; 

(v) in subparagraph (L), by striking the period at 

the end and inserting ‘‘; and’’; and 

(vi) by adding at the end the following: 

‘‘(M) may serve students in early childhood 

education programs or postsecondary students.’’; 

(E) by inserting after paragraph (2), as redesignated by 

subparagraph (B), the following: 

‘‘(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.’’; 

(F) in paragraph (6)(B), as redesignated by subparagraph (B), by striking ‘‘under section 5203(d)(3)’’; and 

(G) by adding at the end the following: 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
218 

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 high-quality charter school, under an existing charter or an additional 

charter, if permitted or required by State law.’’; and 

(5) by striking section 4311 (20 U.S.C. 7221j), as redesignated by section 4001, and inserting the following: 

‘‘SEC. 4311. 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.’’. 

PART D—MAGNET SCHOOLS ASSISTANCE 

SEC. 4401. MAGNET SCHOOLS ASSISTANCE. 

Part D of title IV (20 U.S.C. 7201 et seq.), as amended by section 4001(b)(3), is further amended— 

(1) in section 4401— 

(A) in subsection (a)(2)— 

(i) by striking ‘‘2,000,000’’ and inserting 

‘‘2,500,000’’; and 

(ii) by striking ‘‘65’’ and inserting ‘‘69’’; and 

(B) in subsection (b)— 

(i) in paragraph (2)— 

(I) by striking ‘‘and implementation’’ and inserting ‘‘, implementation, and expansion’’; and 

(II) by striking ‘‘content standards and student 

academic achievement standards’’ and inserting 

‘‘standards’’; 

(ii) in paragraph (3), by striking ‘‘and design’’ and 

inserting ‘‘, design, and expansion’’; 

(iii) in paragraph (4), by striking ‘‘vocational’’ and 

inserting ‘‘career’’; and 

(iv) in paragraph (6), by striking ‘‘productive’’; 

(2) in section 4405(b)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by inserting ‘‘any available evidence on, or if such evidence is not available, 

a rationale, based on current research, for’’ before ‘‘how 

the proposed magnet school programs’’; 

(ii) in subparagraph (B), by inserting ‘‘, including 

any evidence, or if such evidence is not available, a rationale based on current research findings, to support 

such description’’ before the semicolon; 


smartinez on DSK4TPTVN1PROD with REPORTS
219 

(iii) by redesignating subparagraphs (D) and (E) 

as subparagraphs (E) and (F), respectively; and 

(iv) by inserting after subparagraph (C) the following: 

‘‘(D) how the applicant will assess, monitor, and evaluate the impact of the activities funded under this part on 

student achievement and integration;’’; and 

(B) in paragraph (2)— 

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

5301(b)’’ and inserting ‘‘section 4401(b)’’; and 

(ii) in subparagraph (B), by striking ‘‘highly qualified’’ and inserting ‘‘effective’’; 

(3) in section 4406, by striking paragraphs (2) and (3) and 

inserting the following: 

‘‘(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.’’; 

(4) in section 4407— 

(A) in subsection (a)— 

(i) in paragraph (3), by striking ‘‘highly qualified’’ 

and inserting ‘‘effective’’; 

(ii) in paragraph (6), by striking ‘‘and’’ at the end; 

(iii) in paragraph (7), by striking the period at the 

end and inserting a semicolon; and 

(iv) by adding at the end the following: 

‘‘(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 .’’; and 

(B) by striking subsection (b) and inserting the following: 

‘‘(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 acaVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00223 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
220 

demic 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.’’; 

(5) in section 4408— 

(A) in subsection (a), by striking ‘‘3’’ and inserting ‘‘5’’; 

(B) by striking subsection (c) and inserting the following: 

‘‘(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).’’; and 

(C) in subsection (d), by striking ‘‘July’’ and inserting 

‘‘June’’; 

(6) in section 4409— 

(A) by striking subsection (a) and inserting the following: 

‘‘(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) by redesignating subsection (b) as subsection (c); 

and 

(C) by inserting after subsection (a) the following: 

‘‘(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.’’. 

PART E—FAMILY ENGAGEMENT IN EDUCATION 

PROGRAMS 

SEC. 4501. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS. 

Title IV (20 U.S.C. 7101 et seq.), as amended by section 4001, 

is further amended by adding at the end the following: 

‘‘PART E—FAMILY ENGAGEMENT IN 

EDUCATION PROGRAMS 

‘‘SEC. 4501. 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, 


smartinez on DSK4TPTVN1PROD with REPORTS
221 

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. 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 or consortium receiving assistance under this part shall demonstrate 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. 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: 


smartinez on DSK4TPTVN1PROD with REPORTS
222 

‘‘(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; 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
223 

‘‘(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 

this part, the Secretary shall give priority to statewide family engagement 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. 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; 


smartinez on DSK4TPTVN1PROD with REPORTS
224 

‘‘(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 

‘‘(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. 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. 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. NATIONAL ACTIVITIES. 

Title IV (20 U.S.C. 7101 et seq.), as amended by the previous 

provisions of this title, is further amended by adding at the end the 

following: 

‘‘PART F—NATIONAL ACTIVITIES 

‘‘SEC. 4601. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS. 

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this part— 


smartinez on DSK4TPTVN1PROD with REPORTS
225 

‘‘(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. GRANTS FOR EDUCATION INNOVATION AND RESEARCH. 

‘‘(a) PROGRAM AUTHORIZED.— ‘‘(1) IN GENERAL.—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 


smartinez on DSK4TPTVN1PROD with REPORTS
226 

‘‘(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— 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
227 

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. 

‘‘Subpart 2—Community Support for School 

Success 

‘‘SEC. 4621. 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. 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); 


smartinez on DSK4TPTVN1PROD with REPORTS
228 

‘‘(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, 

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. 


smartinez on DSK4TPTVN1PROD with REPORTS
229 

‘‘(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. 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; 

‘‘(ii) multiple signs of distress, which may include 

high rates of poverty, childhood obesity, academic failure, 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 secVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00233 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
230 

tion 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. 

‘‘(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. 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 


smartinez on DSK4TPTVN1PROD with REPORTS
231 

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; 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
232 

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 

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) 


smartinez on DSK4TPTVN1PROD with REPORTS
233 

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). 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
234 

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 

‘‘(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. 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— 


smartinez on DSK4TPTVN1PROD with REPORTS
235 

‘‘(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 

‘‘(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. 


smartinez on DSK4TPTVN1PROD with REPORTS
236 

‘‘(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 achieve 

the annual measurable performance objectives and outcomes 

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. 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 


smartinez on DSK4TPTVN1PROD with REPORTS
237 

‘‘(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 

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 eduVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00241 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
238 

cation in which the learning environment has been disrupted 

due to a violent or traumatic crisis; or 

‘‘(2) the Bureau of Indian Education in a case where the 

learning environment of a school operated or funded by the Bureau, including a school meeting the definition of a local educational agency under section 8101(30)(C), has been disrupted 

due to a violent or traumatic crisis. 

‘‘Subpart 4—Academic Enrichment 

‘‘SEC. 4641. 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. 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 


smartinez on DSK4TPTVN1PROD with REPORTS
239 

‘‘(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. 

‘‘(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. 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; 


smartinez on DSK4TPTVN1PROD with REPORTS
240 

‘‘(iii) facilitate the development of programming 

and digital content containing Ready-to-Learn programming and resources for parents and caregivers 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
241 

shall consult with the Secretary and the Secretary of Health 

and Human Services— 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
242 

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. 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 

to identify and provide the opportunity for all students to be 

served, particularly low-income and at-risk students. 


smartinez on DSK4TPTVN1PROD with REPORTS
243 

‘‘(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). 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
244 

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—STATE INNOVATION AND 

LOCAL FLEXIBILITY 

SEC. 5001. GENERAL PROVISIONS. 

(a) TITLE VI REDESIGNATIONS.—Title VI (20 U.S.C. 7301 et 

seq.) is redesignated as title V and further amended— 

(1) by redesignating sections 6121 through 6123 as sections 

5101 through 5103, respectively; 

(2) by redesignating sections 6201 and 6202 as sections 

5201 and 5202, respectively; 

(3) by redesignating sections 6211 through 6213 as sections 

5211 through 5213, respectively; 

(4) by redesignating sections 6221 through 6224 as sections 

5221 through 5224, respectively; and 

(5) by redesignating sections 6231 through 6234 as sections 

5231 through 5234, respectively. 

(b) STRUCTURAL AND CONFORMING AMENDMENTS.—Title V (as 

redesignated by subsection (a) of this section) is further amended— 


smartinez on DSK4TPTVN1PROD with REPORTS
245 

(1) in part A, by striking subparts 1, 3, and 4; 

(2) by striking ‘‘section 6212’’ each place it appears and inserting ‘‘section 5212’’; 

(3) by striking ‘‘section 6223’’ each place it appears and inserting ‘‘section 5223’’; and 

(4) by striking ‘‘section 6234’’ each place it appears and inserting ‘‘section 5234’’. 

SEC. 5002. FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL AGENCIES. 

Part A of title V, as redesignated and amended by section 5001 

of this Act, is further amended— 

(1) in the part heading, by striking ‘‘IMPROVING ACADEMIC ACHIEVEMENT’’ and inserting ‘‘FUNDING 

TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL AGENCIES’’; 

(2) by striking ‘‘SUBPART 2—FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL 

AGENCIES’’; 

(3) by striking ‘‘subpart’’ each place it appears and inserting ‘‘part’’; 

(4) by amending section 5102 to read as follows: 

‘‘SEC. 5102. PURPOSE. 

‘‘The purpose of this part is to allow States and local educational agencies the flexibility to target Federal funds to the programs and activities that most effectively address the unique needs 

of States and localities.’’; 

(5) in section 5103— 

(A) in subsection (a)— 

(i) in paragraph (1)— 

(I) in the matter preceding subparagraph (A), 

by striking ‘‘not more than 50 percent of the nonadministrative State funds’’ and inserting ‘‘all, or 

any lesser amount, of State funds’’; and 

(II) by striking subparagraphs (A) through (D) 

and inserting the following: 

‘‘(A) Part A of title II. 

‘‘(B) Part A of title IV. 

‘‘(C) Section 4202(c)(3).’’; and 

(ii) by striking paragraph (2) and inserting the following; 

‘‘(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) in subsection (b)— 

(i) in paragraph (1)— 

(I) in subparagraph (A), by striking ‘‘(except’’ 

and all that follows through ‘‘subparagraph (C))’’ 


smartinez on DSK4TPTVN1PROD with REPORTS
246 

and inserting ‘‘may transfer all, or any lesser 

amount, of the funds allocated to it’’; 

(II) by striking subparagraphs (B) and (C) and 

inserting: 

‘‘(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.’’; 

(ii) in paragraph (2)— 

(I) in the matter preceding subparagraph (A), 

by striking ‘‘subparagraph (A), (B), or (C)’’ and inserting ‘‘subparagraph (A) or (B)’’; and 

(II) by striking subparagraphs (A) through (D) 

and inserting the following: 

‘‘(A) Part A of title II. 

‘‘(B) Part A of title IV.’’; 

(C) by striking subsection (c) and inserting the following: 

‘‘(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. 

‘‘(4) Part A of title III. 

‘‘(5) Part B.’’; and 

(D) in subsection (e)(2), by striking ‘‘section 9501’’ and 

inserting ‘‘section 8501’’. 

SEC. 5003. RURAL EDUCATION INITIATIVE. 

Part B of title V, as redesignated and amended by section 5001 

of this Act, is further amended— 

(1) in section 5211— 

(A) in subsection (a)(1), by striking subparagraphs (A) 

through (E) and inserting the following: 

‘‘(A) Part A of title I. 

‘‘(B) Part A of title II. 

‘‘(C) Title III. 

‘‘(D) Part A or B of title IV.’’; 

(B) in subsection (b)(1)— 

(i) in subparagraph (A)(ii)— 

(I) by striking ‘‘school’’ before ‘‘locale code’’; 

and 

(II) by striking ‘‘7 or 8, as determined by the 

Secretary; or’’ and inserting ‘‘41, 42, or 43, as determined by the Secretary;’’; 

(ii) in subparagraph (B), by striking the period at 

the end and inserting ‘‘; or’’; and 

(iii) by adding at the end the following: 


smartinez on DSK4TPTVN1PROD with REPORTS
247 

‘‘(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.’’; and 

(C) in subsection (c), by striking paragraphs (1) 

through (3) and inserting the following: 

‘‘(1) Part A of title II. 

‘‘(2) Part A of title IV.’’; 

(2) in section 5212— 

(A) in subsection (a), by striking paragraphs (1) 

through (5) and inserting the following: 

‘‘(1) Part A of title I. 

‘‘(2) Part A of title II. 

‘‘(3) Title III. 

‘‘(4) Part A or B of title IV.’’; 

(B) in subsection (b)— 

(i) by striking paragraph (1) and inserting the following: 

‘‘(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.’’; 

(ii) by striking paragraph (2) and inserting the following: 

‘‘(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 students in excess of 50 students, in average daily attendance at the schools served by the local educational 

agency, plus $20,000, except that the initial amount may 

not exceed $60,000. 

‘‘(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’.’’; and 

(iii) by adding at the end the following: 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
248 

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.’’; and 

(C) by striking subsection (d); 

(3) by striking section 5213; 

(4) in section 5221— 

(A) in subsection (a), by striking ‘‘section 6222(a)’’ and 

inserting ‘‘section 5222(a)’’; 

(B) in subsection (b)— 

(i) in paragraph (1)— 

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

‘‘(A)(i) 20 percent’’; 

(II) by redesignating subparagraph (B) as 

clause (ii); 

(III) in clause (ii) (as redesignated by subclause (II))— 

(aa) by striking ‘‘school’’ before ‘‘locale 

code’’; 

(bb) by striking ‘‘6, 7, or 8’’ and inserting 

‘‘32, 33, 41, 42, or 43’’; and 

(cc) by striking the period at the end and 

inserting ‘‘; or’’; and 

(IV) by adding at the end the following: 

‘‘(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.’’; 

(ii) by redesignating paragraph (2) as paragraph 

(3); and 

(iii) by inserting after paragraph (1) the following: 

‘‘(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) in subsection (c)(1) by striking ‘‘Bureau of Indian 

Affairs’’ and inserting ‘‘Bureau of Indian Education’’; 

(5) in section 5222(a), by striking paragraphs (1) through 

(7) and inserting 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.’’; 

(6) in section 5223— 


smartinez on DSK4TPTVN1PROD with REPORTS
249 

(A) in subsection (a), by striking ‘‘at such time, in such 

manner, and accompanied by such information’’ and inserting ‘‘at such time and in such manner’’; and 

(B) by striking subsection (b) and inserting the following: 

‘‘(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.’’; 

(7) in section 5224— 

(A) by striking the section heading and all that follows 

through ‘‘Each’’ and inserting the following: ‘‘REPORT.— Each’’; 

(B) by striking subsections (b) through (e); 

(C) in the matter preceding paragraph (1), by inserting 

‘‘or specially qualified agency’’ after ‘‘Each State educational agency’’; 

(D) by striking paragraph (1) and inserting the following: 

‘‘(1) if the report is submitted by a State educational agency, the method the State educational agency used to award 

grants to eligible local educational agencies, and to provide assistance to schools, under this subpart;’’; and 

(E) by striking paragraph (3) and inserting the following: 

‘‘(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.’’; 

(8) by inserting after section 5224 the following: 

‘‘SEC. 5225. 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 SecVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00253 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
250 

retary 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.’’; and 

(9) in section 5234, by striking ‘‘$300,000,000 for fiscal year 

2002 and such sums as may be necessary for each of the 5 succeeding fiscal years,’’ and inserting ‘‘$169,840,000 for each of 

the fiscal years 2017 through 2020,’’. 

SEC. 5004. GENERAL PROVISIONS. 

Part C of title V, as redesignated by section 5001 of this Act, 

is amended to read as follows: 

‘‘PART C—GENERAL PROVISIONS 

‘‘SEC. 5301. 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. 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.’’. 

SEC. 5005. REVIEW RELATING TO RURAL LOCAL EDUCATIONAL AGENCIES. 

(a) REVIEW AND REPORT.—Not later than 18 months after the 

date of enactment of this Act, the Secretary of Education shall— 

(1) review the organization, structure, and process and procedures of the Department of Education for administering its 

programs and developing policy and regulations, in order to— 

(A) assess the methods and manner through which, 

and the extent to which, the Department of Education takes 

into account, considers input from, and addresses the 

unique needs and characteristics of rural schools and rural 

local educational agencies; and 

(B) determine actions that the Department of Education can take to meaningfully increase the consideration 

and participation of rural schools and rural local educational agencies in the development and execution of the 

processes, procedures, policies, and regulations of the Department of Education; 

(2) make public a preliminary report containing the information described in paragraph (1) and provide Congress and 

the public with 60 days to comment on the proposed actions described in paragraph (1)(B); and 

(3) issue a final report to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee 

on Education and the Workforce of the House of Representatives, which shall describe the final actions developed pursuant 

to paragraph (1)(B) after taking into account the comments submitted under paragraph (2). 


smartinez on DSK4TPTVN1PROD with REPORTS
251 

(b) IMPLEMENTATION.—Not later than 2 years after the date of 

enactment of this Act, the Secretary of Education shall— 

(1) carry out each action described in the report under subsection (a)(3); or 

(2) in a case in which an action is not carried out, provide 

a written explanation 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 of why 

the action was not carried out. 

TITLE VI—INDIAN, NATIVE HAWAIIAN, 

AND ALASKA NATIVE EDUCATION 

SEC. 6001. CONFORMING AMENDMENTS. 

(a) REDESIGNATION OF TITLE.—Title VII (20 U.S.C. 7401 et 

seq.) is redesignated as title VI. 

(b) REDESIGNATIONS AND CONFORMING AMENDMENTS.—The Act 

(20 U.S.C. 6301 et seq.) is amended— 

(1) by redesignating sections 7101, 7102, 7111, 7112, 7113, 

7114, 7115, 7116, 7117, 7118, 7119, 7121, 7122, 7131, 7132, 

7133, 7134, 7135, 7136, 7141, 7142, 7143, 7144, 7151, 7152, 

7201, 7202, 7203, 7204, 7205, 7206, 7207, 7301, 7302, 7303, 

7304, 7305, and 7306, as sections 6101, 6102, 6111, 6112, 6113, 

6114, 6115, 6116, 6117, 6118, 6119, 6121, 6122, 6131, 6132, 

6133, 6134, 6135, 6136, 6141, 6142, 6143, 6144, 6151, 6152, 

6201, 6202, 6203, 6204, 6205, 6206, 6207, 6301, 6302, 6303, 

6304, 6305, and 6306, respectively; 

(2) in section 6112 (as so redesignated), in subsection (b)(1), 

by striking ‘‘section 7117’’ and inserting ‘‘section 6117’’; 

(3) in section 6113 (as so redesignated)— 

(A) in subsection (a)(1)(A), is amended by striking ‘‘section 7117’’ and inserting ‘‘section 6117’’; 

(B) in subsection (b)(1), by striking ‘‘section 7112’’ and 

inserting ‘‘section 6112’’; 

(C) in subsection (d)(2)— 

(i) by striking ‘‘section 7114’’ the first place it appears and inserting ‘‘section 6114’’; and 

(ii) by striking ‘‘section 7114(c)(4), section 7118(c), 

or section 7119’’ and inserting ‘‘section 6114(c)(4), section 6118(c), or section 6119’’; and 

(D) in subsection (e), by striking ‘‘section 7152(a)’’ and 

inserting ‘‘6152(a)’’; 

(4) in section 6114 (as so redesignated)— 

(A) in subsection (b)(4), by striking ‘‘section 7115’’ and 

inserting ‘‘section 6115’’; and 

(B) in subsection (c)(4)(D), by striking ‘‘section 7115(c)’’ 

and inserting ‘‘section 6115(c)’’; 

(5) in section 6115 (as so redesignated)— 

(A) in subsection (a)— 

(i) in the matter preceding paragraph (1), by striking ‘‘section 7111’’ and inserting ‘‘section 6111’’; and 

(ii) in paragraph (1), by striking ‘‘section 7114(a)’’ 

and inserting ‘‘section 6114(a)’’; and 

(B) in subsection (c)— 


smartinez on DSK4TPTVN1PROD with REPORTS
252 

(i) in paragraph (1), by striking ‘‘section 

7114(c)(4)’’ and inserting ‘‘section 6114(c)(4)’’; and 

(ii) in paragraph (2), by striking ‘‘section 7111’’ 

and inserting ‘‘section 6111’’; 

(6) in section 6116 (as so redesignated), in subsection (d)(9), 

by striking ‘‘section 7114(c)(4)’’ and inserting ‘‘section 

6114(c)(4)’’; 

(7) in section 6117 (as so redesignated)— 

(A) in subsection (b)(1)(A)(i), by striking ‘‘section 7151’’ 

and inserting ‘‘section 6151’’; 

(B) in subsection (c), by striking ‘‘section 7151’’ and inserting ‘‘section 6151’’; 

(C) in subsection (f)(3), by striking ‘‘section 7113’’ and 

inserting ‘‘section 6113’’; and 

(D) in subsection (h)(1), by striking ‘‘section 7114’’ and 

inserting ‘‘section 6114’’; 

(8) in section 6118 (as so redesignated), in subsection (a), 

by striking ‘‘section 7113’’ and inserting ‘‘section 6113’’; 

(9) in section 6119 (as so redesignated), by striking ‘‘section 

7114’’ and inserting ‘‘section 6114’’; and 

(10) in section 6205 (as so redesignated), in subsection (c)— 

(A) in paragraph (1), by striking ‘‘section 7204’’ and inserting ‘‘section 6204’’; and 

(B) in paragraph (2), by striking ‘‘section 7204’’ and inserting ‘‘section 6204’’. 

SEC. 6002. INDIAN EDUCATION. 

(a) STATEMENT OF POLICY.—Section 6101 (20 U.S.C. 7401) (as 

redesignated by section 6001) is amended by adding at the end the 

following: ‘‘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.’’. 

(b) PURPOSE.—Section 6102 (20 U.S.C. 7402) (as redesignated 

by section 6001) is amended to read as follows: 

‘‘SEC. 6102. 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— 

‘‘(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.’’. 

(c) PURPOSE.—Section 6111 (20 U.S.C. 7421) (as redesignated 

by section 6001) is amended to read as follows: 

‘‘SEC. 6111. PURPOSE. 

‘‘It is the purpose of this subpart to support the efforts of local 

educational agencies, Indian tribes and organizations, and other enVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00256 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
253 

tities 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.’’. 

(d) GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.— Section 6112 (20 U.S.C. 7422) (as redesignated by section 6001) is 

amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(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).’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘A local educational 

agency shall’’ and inserting ‘‘Subject to paragraph (2), a 

local educational agency shall’’; 

(B) by redesignating paragraph (2) as paragraph (3); 

and 

(C) by inserting after paragraph (1) the following: 

‘‘(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.’’; and 

(3) by striking subsection (c) and inserting the following: 

‘‘(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.— 


smartinez on DSK4TPTVN1PROD with REPORTS
254 

‘‘(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. 

‘‘(d) INDIAN COMMUNITY-BASED ORGANIZATION.— 

‘‘(1) IN GENERAL.—If no local educational agency pursuant 

to subsection (b), and no Indian tribe, Indian organization, or 

consortium pursuant to subsection (c), applies for a grant under 

this subpart in a particular community, an Indian communitybased organization serving the community of the local educational agency may apply for such grant. 

‘‘(2) APPLICABILITY OF SPECIAL RULE.—The Secretary shall 

apply the special rule in subsection (c)(2) to an Indian community-based organization applying for a grant under paragraph 

(1) in the same manner as such rule applies to an Indian tribe, 

Indian organization, or consortium described in that subsection. 

‘‘(3) DEFINITION OF INDIAN COMMUNITY-BASED ORGANIZATION.—In this subsection, the term ‘Indian community-based organization’ means any organization that— 

‘‘(A) is composed primarily of Indian parents, family 

members, and community members, tribal government education officials, and tribal members, from a specific community; 

‘‘(B) assists in the social, cultural, and educational development of Indians in such community; 

‘‘(C) meets the unique cultural, language, and academic needs of Indian students; and 

‘‘(D) demonstrates organizational and administrative 

capacity to manage the grant.’’. 

(e) AMOUNT OF GRANTS.—Section 6113 (20 U.S.C. 7423) (as redesignated by section 6001) is amended— 

(1) in subsection (b)(1), by striking ‘‘Bureau of Indian Affairs’’ and inserting ‘‘Bureau of Indian Education’’; and 

(2) in subsection (d)— 

(A) in the subsection heading, by striking ‘‘INDIAN AFFAIRS’’ and inserting ‘‘INDIAN EDUCATION’’; and 

(B) in paragraph (1)(A)(i), by striking ‘‘Bureau of Indian Affairs’’ and inserting ‘‘Bureau of Indian Education’’. 

(f) APPLICATIONS.—Section 6114 (20 U.S.C. 7424) (as redesignated by section 6001) is amended— 


smartinez on DSK4TPTVN1PROD with REPORTS
255 

(1) in subsection (a), by striking ‘‘Each local educational 

agency’’ and inserting ‘‘Each entity described in section 

6112(a)’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘American Indian 

and Alaska Native’’ and inserting ‘‘Indian’’; 

(B) in paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘is consistent 

with the State and local plans’’ and inserting ‘‘is consistent with the State, tribal, and local plans’’; and 

(ii) by striking subparagraph (B) and inserting the 

following: 

‘‘(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;’’; 

(C) by striking paragraph (3) and inserting the following: 

‘‘(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;’’; 

(D) in paragraph (5)(B), by striking ‘‘and’’ after the 

semicolon; 

(E) in paragraph (6)— 

(i) in subparagraph (B)— 

(I) in clause (i), by striking ‘‘and’’ after the 

semicolon; and 

(II) by adding at the end the following: 

‘‘(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’’; and 

(ii) in subparagraph (C), by striking the period at 

the end and inserting ‘‘; and’’; and 

(F) by adding at the end the following: 

‘‘(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.’’; 

(3) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘for the education of 

Indian children,’’ and inserting ‘‘for services described in 

this subsection,’’; 

(B) in paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘and’’ after the 

semicolon; 

(ii) in subparagraph (B), by striking ‘‘served by 

such agency;’’ and inserting ‘‘served by such agency, 

and meet program objectives and outcomes for activities under this subpart; and’’; and 

(iii) by adding at the end the following: 


smartinez on DSK4TPTVN1PROD with REPORTS
256 

‘‘(C) determine the extent to which such activities by the 

local educational agency address the unique cultural, language, and educational needs of Indian students;’’; 

(C) in paragraph (3)— 

(i) in subparagraph (A), by striking ‘‘American Indian and Alaska Native’’ and inserting ‘‘Indian’’; and 

(ii) in subparagraph (C)— 

(I) by inserting ‘‘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,’’ after ‘‘parents of Indian children and teachers,’’; and 

(II) by striking ‘‘and’’ after the semicolon; 

(D) in paragraph (4)— 

(i) in subparagraph (A)— 

(I) in clause (i), by inserting ‘‘and family members’’ after ‘‘parents’’; 

(II) by redesignating clauses (ii) and (iii) as 

clauses (iii) and (iv), respectively; and 

(III) by inserting after clause (i) the following: 

‘‘(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;’’; 

(ii) by striking subparagraph (B) and inserting the 

following: 

‘‘(B) a majority of whose members are parents and family members of Indian children;’’; 

(iii) by striking subparagraph (C); 

(iv) by redesignating subparagraphs (D) and (E) as 

subparagraphs (C) and (D), respectively; and 

(v) in subparagraph (C) (as redesignated by clause 

(iv))— 

(I) in clause (i), by striking ‘‘and’’ after the 

semicolon; 

(II) in clause (ii), by striking ‘‘American Indian and Alaska Native’’ and inserting ‘‘Indian’’; 

and 

(III) by adding at the end the following: 

‘‘(iii) determined that the program will directly enhance the educational experience of Indian students; 

and’’; and 

(vi) in subparagraph (D), as redesignated by clause 

(iv), by striking the period at the end and inserting a 

semicolon; and 

(E) by adding at the end the following: 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
257 

‘‘(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.’’; and 

(4) by adding at the end the following: 

‘‘(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; 

‘‘(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.’’. 

(g) AUTHORIZED SERVICES AND ACTIVITIES.—Section 6115 (20 

U.S.C. 7425) (as redesignated by section 6001) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by inserting ‘‘solely for the services and activities described in such application’’ before the 

semicolon; and 

(B) in paragraph (2), by striking ‘‘with special regard 

for’’ and inserting ‘‘to be responsive to’’; 

(2) by striking subsection (b) and inserting the following: 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
258 

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; 

‘‘(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.’’; 

(3) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘and’’ after the semicolon; 

(B) in paragraph (2), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(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.’’; and 

(4) by adding at the end the following: 

‘‘(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.’’. 

(h) INTEGRATION OF SERVICES AUTHORIZED.—Section 6116 (20 

U.S.C. 7426) (as redesignated by section 6001) is amended— 

(1) in subsection (g), in the matter preceding paragraph 

(1)— 

(A) by striking ‘‘No Child Left Behind Act of 2001’’ and 

inserting ‘‘Every Student Succeeds Act’’; 

(B) by inserting ‘‘the Secretary of Health and Human 

Services,’’ after ‘‘the Secretary of the Interior,’’; and 

(C) by inserting ‘‘and coordination’’ after ‘‘providing for 

the implementation’’; and 

(2) in subsection (o)— 

(A) in paragraph (1), by striking ‘‘the No Child Left Behind Act of 2001’’ and inserting ‘‘the Every Student Succeeds Act’’; and 

(B) in paragraph (2)— 

(i) by striking ‘‘the No Child Left Behind Act of 

2001’’ and inserting ‘‘the Every Student Succeeds Act’’; 

and 

(ii) by striking the second sentence. 


smartinez on DSK4TPTVN1PROD with REPORTS
259 

(i) STUDENT ELIGIBILITY FORMS.—Section 6117 (20 U.S.C. 

7427) (as redesignated by section 6001) is amended— 

(1) in subsection (a), by adding at the end the following: 

‘‘All individual data collected shall be protected by the local 

educational agencies and only aggregated data shall be reported to the Secretary.’’; 

(2) by striking subsection (d); 

(3) by redesignating subsections (e), (f), (g), and (h), as subsections (d), (e), (f), and (g), respectively; 

(4) by striking subsection (d), as redesignated by paragraph 

(4), and inserting the following: 

‘‘(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.’’; 

(5) in subsection (f), as redesignated by paragraph (4), by 

striking ‘‘Bureau of Indian Affairs’’ and inserting ‘‘Bureau of 

Indian Education’’; and 

(6) in subsection (g), as redesignated by paragraph (4), by 

striking ‘‘subsection (g)(1)’’ and inserting ‘‘subsection (f)(1)’’. 

(j) PAYMENTS.—Section 6118 (20 U.S.C. 7428) (as redesignated 

by section 6001) is amended, by striking subsection (c) and inserting 

the following: 

‘‘(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.’’. 

(k) IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN

CHILDREN AND YOUTH.—Section 6121 (20 U.S.C. 7441) (as redesignated by section 6001) is amended— 

(1) by striking the section header and inserting the following: 

‘‘SEC. 6121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH.’’; 

(2) in subsection (a)— 

(A) in paragraph (1), by inserting ‘‘and youth’’ after 

‘‘Indian children’’; and 


smartinez on DSK4TPTVN1PROD with REPORTS
260 

(B) in paragraph (2)(B), by striking ‘‘American Indian 

and Alaska Native children’’ and inserting ‘‘Indian children and youth’’; 

(3) in subsection (b), by striking ‘‘Indian institution (including an Indian institution of higher education)’’ and inserting ‘‘a 

Tribal College or University (as defined in section 316(b) of the 

Higher Education Act of 1965 (20 U.S.C. 1059c(b)))’’; 

(4) by striking subsection (c) and inserting the following: 

‘‘(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.’’; and 

(5) in subsection (d)— 


smartinez on DSK4TPTVN1PROD with REPORTS
261 

(A) in paragraph (1)(C), by striking ‘‘make a grant payment for a grant described in this paragraph to an eligible 

entity after the initial year of the multiyear grant only if 

the Secretary determines’’ and inserting ‘‘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’’; and 

(B) in paragraph (3)(B)— 

(i) in clause (i), by striking ‘‘parents of Indian children’’ and inserting ‘‘parents and family of Indian children’’; and 

(ii) in clause (iii), by striking ‘‘information demonstrating that the proposed program for the activities 

is a scientifically based research program’’ and inserting ‘‘information demonstrating that the proposed program is an evidence-based program’’. 

(l) PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDU- CATION PROFESSIONALS.—Section 6122 (20 U.S.C. 7442) (as redesignated by section 6001) is amended— 

(1) in subsection (a)— 

(A) by striking paragraph (1) and inserting the following: 

‘‘(1) to increase the number of qualified Indian teachers 

and administrators serving Indian students;’’; 

(B) by striking paragraph (2) and inserting the following: 

‘‘(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;’’; 

(C) in paragraph (3), by striking the period at the end 

and inserting ‘‘; and’’; and 

(D) by adding at the end the following: 

‘‘(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.’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘including an Indian 

institution of higher education’’ and inserting ‘‘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))’’; 

and 

(B) in paragraph (4), by inserting ‘‘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’’ before the period at the 

end; 

(3) in subsection (d)(1)— 

(A) in the first sentence, by striking ‘‘purposes’’ and inserting ‘‘purpose’’; and 

(B) by striking the second sentence and inserting ‘‘Such 

activities may include— 


smartinez on DSK4TPTVN1PROD with REPORTS
262 

‘‘(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 

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.’’; 

and 

(4) by striking subsection (e) and inserting the following: 

‘‘(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).’’; 

(5) in subsection (f)— 

(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; 

(B) by inserting before paragraph (2), as redesignated 

by subparagraph (A), the following: 

‘‘(1) may give priority to Tribal Colleges and Universities;’’; 

and 

(C) in paragraph (3), as redesignated by subparagraph 

(A), by striking ‘‘basis of’’ and all that follows through the 

period at the end and inserting ‘‘basis of the length of any 

period for which the eligible entity has received a grant.’’; 

(6) by striking subsection (g) and inserting the following: 

‘‘(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.’’; and 

(7) in subsection (h)(1)(A)(ii), by striking ‘‘people’’ and inserting ‘‘students in a local educational agency that serves a 

high proportion of Indian students’’. 

(m) NATIONAL RESEARCH ACTIVITIES.—Section 6131 (20 U.S.C. 

7451) (as redesignated by section 6001) is amended— 

(1) in subsection (a), by striking ‘‘under section 7152(b)’’ 

and inserting ‘‘to carry out this subpart’’; and 

(2) in subsection (c)(2), by inserting ‘‘, the Bureau of Indian 

Education,’’ after ‘‘Office of Indian Education Programs’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
263 

(n) IN-SERVICE TRAINING FOR TEACHERS OF INDIAN CHILDREN; 

FELLOWSHIPS FOR INDIAN STUDENTS; GIFTED AND TALENTED IN- DIAN STUDENTS.—Title VI (20 U.S.C. 7401 et seq.) (as redesignated 

by section 6001) is amended— 

(1) by striking sections 6132, 6133, and 6134 (as redesignated by section 6001); and 

(2) by redesignating section 6135 (as redesignated by section 6001) as section 6132. 

(o) NATIVE AMERICAN LANGUAGE.—Title VI (20 U.S.C. 7401 et 

seq.) (as redesignated by section 6001) is amended by inserting after 

section 6132 (as redesignated by subsection (n)(2)) the following: 

‘‘SEC. 6133. 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. 

‘‘(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. 


smartinez on DSK4TPTVN1PROD with REPORTS
264 

‘‘(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; 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
265 

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. 

‘‘(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. 


smartinez on DSK4TPTVN1PROD with REPORTS
266 

‘‘(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.’’. 

(p) GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING, DEVELOPMENT, AND COORDINATION.—Section 6132 (20 U.S.C. 

7455) (as redesignated by subsection (n)) is amended to read as follows: 

‘‘SEC. 6132. 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 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
267 

‘‘(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 

‘‘(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. 


smartinez on DSK4TPTVN1PROD with REPORTS
268 

‘‘(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.’’. 

(q) IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR ADULT

INDIANS.—Title VI (20 U.S.C. 7401 et seq.) (as redesignated by section 6001) is amended by striking section 6136. 

(r) NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.—Section 6141(b)(1) (20 U.S.C. 7471(b)(1)) (as redesignated by section 

6001) is amended by inserting ‘‘and the Secretary of the Interior’’ 

after ‘‘advise the Secretary’’. 

(s) DEFINITIONS.—Section 6151 (20 U.S.C. 7491) (as redesignated by section 6001) is amended by adding at the end the following: 

‘‘(4) TRADITIONAL LEADERS.—The term ‘traditional leaders’ 

has the meaning given the term in section 103 of the Native 

American Languages Act (25 U.S.C. 2902).’’. 

(t) AUTHORIZATIONS OF APPROPRIATIONS.—Section 6152 (20 

U.S.C. 7492) (as redesignated by section 6001) is amended— 

(1) in subsection (a), by striking ‘‘$96,400,000 for fiscal year 

2002 and such sums as may be necessary for each of the 5 succeeding fiscal years’’ and inserting ‘‘$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’’; 

(2) in subsection (b)— 

(A) in the subsection heading, by striking ‘‘SUBPARTS 2 

AND 3’’ and inserting ‘‘SUBPART 2’’; 

(B) by striking ‘‘subparts 2 and 3’’ and inserting ‘‘subpart 2’’; and 

(C) by striking ‘‘$24,000,000 for fiscal year 2002 and 

such sums as may be necessary for each of the 5 succeeding 

fiscal years’’ and inserting ‘‘$17,993,000 for each of fiscal 

years 2017 through 2020’’; and 

(3) by adding at the end the following: 

‘‘(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.’’. 

SEC. 6003. NATIVE HAWAIIAN EDUCATION. 

(a) FINDINGS.—Section 6202 (20 U.S.C. 7512) (as redesignated 

by section 6001) is amended by striking paragraphs (14) through 

(21). 

(b) NATIVE HAWAIIAN EDUCATION COUNCIL.—Section 6204 (20 

U.S.C. 7514) (as redesignated by section 6001) is amended to read 

as follows: 

‘‘SEC. 6204. 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 (reVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00272 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
269 

ferred 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); 

‘‘(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.— 


smartinez on DSK4TPTVN1PROD with REPORTS
270 

‘‘(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, 

and local agencies in order to focus and improve the use of resources, including resources made available under this part, relating 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; 


smartinez on DSK4TPTVN1PROD with REPORTS
271 

‘‘(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 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.’’. 

(c) PROGRAM AUTHORIZED.—Section 6205 (20 U.S.C. 7515) (as 

redesignated by section 6001) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) in subparagraph (C), by striking ‘‘and’’ after the 

semicolon; 

(ii) by redesignating subparagraph (D) as subparagraph (E); and 


smartinez on DSK4TPTVN1PROD with REPORTS
272 

(iii) by inserting after subparagraph (C) the following: 

‘‘(D) charter schools; and’’; 

(B) in paragraph (3)— 

(i) in subparagraph (C)— 

(I) by striking ‘‘third grade’’ and inserting 

‘‘grade 3’’; and 

(II) by striking ‘‘fifth and sixth grade’’ and inserting ‘‘grades 5 and 6’’; 

(ii) in subparagraph (D)(ii), by striking ‘‘of those 

students’’ and inserting ‘‘of such students’’; 

(iii) in subparagraph (E)(ii), by striking ‘‘students’ 

educational progress’’ and inserting ‘‘educational 

progress of such students’’; 

(iv) in subparagraph (G)(ii), by striking ‘‘concentrations’’ and all that follows through ‘‘; and’’ and 

inserting ‘‘high concentrations of Native Hawaiian students to meet the unique needs of such students; and’’; 

and 

(v) in subparagraph (H)— 

(I) in the matter preceding clause (i), by striking ‘‘families’’ and inserting ‘‘students, parents, 

families,’’; 

(II) in clause (i), by striking ‘‘preschool programs’’ and inserting ‘‘early childhood education 

programs’’; 

(III) by striking clause (ii) and inserting the 

following: 

‘‘(ii) before, after, and summer school programs, expanded learning time, or weekend academies;’’; and 

(IV) in clause (iii), by striking ‘‘vocational and 

adult education programs’’ and inserting ‘‘career 

and technical education programs’’; and 

(vi) by striking clauses (i) through (v) of subparagraph (I) and inserting the following: 

‘‘(i) family literacy services; and 

‘‘(ii) counseling, guidance, and support services for 

students;’’; and 

(C) by striking paragraph (4); and 

(2) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘such sums as may be 

necessary for fiscal year 2002 and each of the 5 succeeding 

fiscal years’’ and inserting ‘‘$32,397,000 for each of fiscal 

years 2017 through 2020’’; and 

(B) in paragraph (2), by striking ‘‘for fiscal year 2002 

and each of the 5 succeeding fiscal years’’ and inserting ‘‘for 

each of fiscal years 2017 through 2020’’. 

(d) DEFINITIONS.—Section 6207 (20 U.S.C. 7517) (as redesignated by section 6001) is amended— 

(1) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and 

(2) by inserting before paragraph (2), as redesignated by 

paragraph (1), the following: 

‘‘(1) COMMUNITY CONSULTATION.—The term ‘community 

consultation’ means a public gathering— 


smartinez on DSK4TPTVN1PROD with REPORTS
273 

‘‘(A) to discuss Native Hawaiian education concerns; 

and 

‘‘(B) about which the public has been given not less 

than 30 days notice.’’. 

SEC. 6004. ALASKA NATIVE EDUCATION. 

(a) FINDINGS.—Section 6302 (20 U.S.C. 7542) (as redesignated 

by section 6001) is amended by striking paragraphs (1) through (7) 

and inserting the following: 

‘‘(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.’’. 

(b) PURPOSES.—Section 6303 (20 U.S.C. 7543) (as redesignated 

by section 6001) is amended— 

(1) in paragraph (1), by inserting ‘‘and address’’ after ‘‘To 

recognize’’; 

(2) by striking paragraph (3); 

(3) by redesignating paragraphs (2) and (4) as paragraphs 

(4) and (5), respectively; 

(4) by inserting after paragraph (1) the following: 

‘‘(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, 


smartinez on DSK4TPTVN1PROD with REPORTS
274 

and support local place-based and culture-based curriculum 

and programming.’’; 

(5) in paragraph (4), as redesignated by paragraph (3), by 

striking ‘‘of supplemental educational programs to benefit Alaska Natives.’’ and inserting ‘‘, management, and expansion of effective supplemental educational programs to benefit Alaska 

Natives.’’; and 

(6) by adding at the end the following: 

‘‘(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.’’. 

(c) PROGRAM AUTHORIZED.—Section 6304 (20 U.S.C. 7544) (as 

redesignated by section 6001) is amended to read as follows: 

‘‘SEC. 6304. 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, 


smartinez on DSK4TPTVN1PROD with REPORTS
275 

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 

best practices and introduce successful programs, materials, 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 

in-home 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 


smartinez on DSK4TPTVN1PROD with REPORTS
276 

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. 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
277 

‘‘(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. 

‘‘(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.’’. 

(d) ADMINISTRATIVE PROVISIONS.—Section 6305 (20 U.S.C. 

7545) (as redesignated by section 6001) is amended to read as follows: 

‘‘SEC. 6305. 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.’’. 

(e) DEFINITIONS.—Section 6306 (20 U.S.C. 7546) (as redesignated by section 6001) is amended— 

(1) in paragraph (1), by inserting ‘‘(43 U.S.C. 1602(b)) and 

includes the descendants of individuals so defined’’ after ‘‘Settlement Act’’; 

(2) by striking paragraph (2) and inserting the following: 

‘‘(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.’’. 

SEC. 6005. REPORT ON NATIVE AMERICAN LANGUAGE MEDIUM EDUCATION. 

(a) DEFINITIONS.—In this section: 

(1) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given such term in 

section 8101 of the Elementary and Secondary Education Act of 

1965. 


smartinez on DSK4TPTVN1PROD with REPORTS
278 

(2) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’ has the meaning given such term in section 

8101 of the Elementary and Secondary Education Act of 1965. 

(3) NATIVE AMERICAN; NATIVE AMERICAN LANGUAGE.—The 

terms ‘‘Native American’’ and ‘‘Native American language’’ have 

the meanings given such terms in section 103 of the Native 

American Languages Act of 1990 (25 U.S.C. 2902). 

(4) STATE EDUCATIONAL AGENCY.—The term ‘‘State educational agency’’ has the meaning given such term in section 

8101 of the Elementary and Secondary Education Act of 1965. 

(b) STUDY.—By not later than 18 months after the date of enactment of this Act, the Secretary of Education, in collaboration with 

the Secretary of the Interior, shall— 

(1) conduct a study to evaluate all levels of education being 

provided primarily through the medium of Native American 

languages; and 

(2) report on the findings of such study. 

(c) CONSULTATION.—In carrying out the study conducted under 

subsection (b), the Secretary shall consult with— 

(1) institutions of higher education that conduct Native 

American language immersion programs, including teachers of 

such programs; 

(2) State educational agencies and local educational agencies; 

(3) Indian tribes and tribal organizations, as such terms 

are defined by section 4 of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450b) that sponsor Native 

American language immersion schools; and 

(4) experts in the fields of Native American or Alaska Native language and Native American language medium education, including scholars who are fluent in Native American 

languages. 

(d) SCOPE OF STUDY.—The study conducted under subsection 

(b) shall evaluate the components, policies, and practices of successful Native American language immersion schools and programs, including— 

(1) the level of expertise in educational pedagogy, Native 

American language fluency, and experience of the principal, 

teachers, paraprofessionals, and other educational staff; 

(2) how such schools and programs are using Native American languages to provide instruction in reading, language arts, 

mathematics, science, and, as applicable, other academic subjects; 

(3) how such schools and programs assess the academic 

proficiency of the students, including— 

(A) whether the school administers assessments of language arts, mathematics, science, and other academic subjects in the Native American language of instruction; 

(B) whether the school administers assessments of language arts, mathematics, science, and other academic subjects in English; and 

(C) how the standards measured by the assessments in 

the Native American language of instruction and in 

English compare; and 


smartinez on DSK4TPTVN1PROD with REPORTS
279 

(4) the academic outcomes, graduation rate, and other outcomes of students who have completed the highest grade taught 

primarily through such schools or programs, including, when 

available, college attendance rates compared with demographically similar students who did not attend a school in which the 

language of instruction was a Native American language. 

(e) RECOMMENDATIONS.—Not later than 18 months after the 

date of enactment of this Act, the Secretary of Education, in collaboration with the Secretary of the Interior, shall— 

(1) develop a report that includes findings and conclusions 

regarding the study conducted under subsection (b), including 

recommendations for such legislative and administrative actions as the Secretary of Education considers to be appropriate; 

(2) consult with the entities described in subsection (c) in 

reviewing such findings and conclusions; and 

(3) submit the report described in paragraph (1) to each of 

the following: 

(A) The Committee on Health, Education, Labor, and 

Pensions of the Senate. 

(B) The Committee on Education and the Workforce of 

the House of Representatives. 

(C) The Committee on Indian Affairs of the Senate. 

(D) The Subcommittee on Indian, Insular and Alaska 

Native Affairs of the House of Representatives. 

SEC. 6006. REPORT ON RESPONSES TO INDIAN STUDENT SUICIDES. 

(a) PREPARATION.— 

(1) IN GENERAL.—The Secretary of Education, in coordination with the Secretary of the Interior and the Secretary of 

Health and Human Services, shall prepare a report on efforts 

to address outbreaks of suicides among elementary school and 

secondary school students (referred to in this section as ‘‘student 

suicides’’) that occurred within 1 year prior to the date of enactment of this Act in Indian country (as defined in section 1151 

of title 18, United States Code). 

(2) CONTENTS.—The report described in paragraph (1) 

shall include information on— 

(A) the Federal response to the occurrence of high numbers of student suicides in Indian country (as so defined); 

(B) a list of Federal resources available to prevent and 

respond to outbreaks of student suicides, including the 

availability and use of tele-behavioral health care; 

(C) any barriers to timely implementation of programs 

or interagency collaboration regarding student suicides; 

(D) interagency collaboration efforts to streamline access to programs regarding student suicides, including information on how the Department of Education, the Department of the Interior, and the Department of Health and 

Human Services work together on administration of such 

programs; 

(E) recommendations to improve or consolidate resources or programs described in subparagraph (B) or (D); 

and 

(F) feedback from Indian tribes to the Federal response 

described in subparagraph (A). 


smartinez on DSK4TPTVN1PROD with REPORTS
280 

(b) SUBMISSION.—Not later than 270 days after the date of enactment of this Act, the Secretary of Education shall submit the report described in subsection (a) to the appropriate committees of 

Congress. 

TITLE VII—IMPACT AID 

SEC. 7001. GENERAL PROVISIONS. 

(a) IMPACT AID IMPROVEMENT ACT OF 2012.—Section 563(c) of 

National Defense Authorization Act for Fiscal Year 2013 (Public 

Law 112–239; 126 Stat. 1748; 20 U.S.C. 6301 note) (also known as 

the ‘‘Impact Aid Improvement Act of 2012’’), as amended by section 

563 of division A of Public Law 113–291, is amended— 

(1) by striking paragraphs (1) and (4); and 

(2) by redesignating paragraphs (2) and (3), as paragraphs 

(1) and (2), respectively. 

(b) REPEAL.—Section 309 of division H of the Consolidated Appropriations Act, 2014 (Public Law 113–76; 20 U.S.C. 7702 note) is 

repealed. 

(c) TITLE VII REDESIGNATIONS.—Title VIII (20 U.S.C. 7701 et 

seq.) is redesignated as title VII and further amended— 

(1) by redesignating sections 8001 through 8005 as sections 

7001 through 7005, respectively; and 

(2) by redesignating sections 8007 through 8014 as sections 

7007 through 7014, respectively. 

(d) CONFORMING AMENDMENTS.—Title VII (as redesignated by 

subsection (c) of this section) is further amended— 

(1) by striking ‘‘section 8002’’ each place it appears and inserting ‘‘section 7002’’; 

(2) by striking ‘‘section 8003’’ each place it appears and inserting ‘‘section 7003’’; 

(3) by striking ‘‘section 8003(a)(1)’’ each place it appears 

and inserting ‘‘section 7003(a)(1)’’; 

(4) by striking ‘‘section 8003(a)(1)(C)’’ each place it appears 

and inserting ‘‘section 7003(a)(1)(C)’’; 

(5) by striking ‘‘section 8003(a)(2)’’ each place it appears 

and inserting ‘‘section 7003(a)(2)’’; 

(6) by striking ‘‘section 8003(b)’’ each place it appears and 

inserting ‘‘section 7003(b)’’; 

(7) by striking ‘‘section 8003(b)(1)’’ each place it appears 

and inserting ‘‘section 7003(b)(1)’’; 

(8) by striking ‘‘section 8003(b)(2)’’ each place it appears 

and inserting ‘‘section 7003(b)(2)’’; 

(9) by striking ‘‘section 8014(a)’’ each place it appears and 

inserting ‘‘section 7014(a)’’; 

(10) by striking ‘‘section 8014(b)’’ each place it appears and 

inserting ‘‘section 7014(b)’’; and 

(11) by striking ‘‘section 8014(e)’’ each place it appears and 

inserting ‘‘section 7014(d)’’. 

SEC. 7002. PURPOSE. 

Section 7001, as redesignated by section 7001 of this Act, is 

amended in the matter preceding paragraph (1), by striking ‘‘challenging State standards’’ and inserting ‘‘the same challenging State 

academic standards’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
281 

SEC. 7003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL 

PROPERTY. 

Section 7002, as redesignated and amended by section 7001 of 

this Act, is further amended— 

(1) in subsection (a)(1)(C), by striking the matter preceding 

clause (i) and inserting the following: 

‘‘(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) in subsection (b)— 

(A) in paragraph (1)(C) by striking ‘‘section 

8003(b)(1)(C)’’ and inserting ‘‘section 7003(b)(1)(C)’’; 

(B) in paragraph (3), by striking subparagraph (B) and 

inserting the following: 

‘‘(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.’’; 

(3) in subsection (e)(2), by adding at the end the following: 

‘‘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).’’; 

(4) by striking subsection (f) and inserting the following: 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
282 

(3) of section 8002(f) as such section was in effect on the day before 

the date of enactment of the Every Student Succeeds Act.’’; 

(5) by striking subsection (g) and inserting the following: 

‘‘(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 

‘‘(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.’’; 

(6) in subsection (h)(4), by striking ‘‘For each local educational agency that received a payment under this section for 

fiscal year 2010 through the fiscal year in which the Impact Aid 

Improvement Act of 2012 is enacted’’ and inserting ‘‘For each 

local educational agency that received a payment under this 

section for fiscal year 2010 or any succeeding fiscal year’’; 

(7) by repealing subsections (k) and (m); 

(8) by redesignating subsection (l) as subsection (j); 

(9) in subsection (j) (as redesignated by paragraph (8)), by 

striking ‘‘(h)(4)(B)’’ and inserting ‘‘(h)(2)’’; 

(10) by redesignating subsection (n) as subsection (k); and 

(11) in subsection (k)(1) (as redesignated by paragraph 

(10)), by striking ‘‘section 8013(5)(C)(iii)’’ and inserting ‘‘section 

7013(5)(C)(iii)’’. 

SEC. 7004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN. 

Section 7003, as redesignated and amended by section 7001 of 

this Act, is further amended— 

(1) in subsection (a)(5)(A), by striking ‘‘to be children’’ and 

all that follows through the period at the end and inserting ‘‘or 


smartinez on DSK4TPTVN1PROD with REPORTS
283 

under lease of off-base 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.’’; 

(2) in subsection (b)— 

(A) in paragraph (1)— 

(i) by striking subparagraph (E); and 

(ii) by redesignating subparagraphs (F) and (G) as 

subparagraphs (E) and (F), respectively; 

(B) in paragraph (2), by striking subparagraphs (B) 

through (H) and inserting the following: 

‘‘(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 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 per-pupil 

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 per-pupil 

expenditure of the State in which the 

agency is located or the average per-pupil 

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— 


smartinez on DSK4TPTVN1PROD with REPORTS
284 

‘‘(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— 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
285 

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 agency resumes such eligibility in accordance with clause 

(iii). 

‘‘(III) TAKEN OVER BY STATE BOARD OF EDUCATION.—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— 


smartinez on DSK4TPTVN1PROD with REPORTS
286 

‘‘(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 

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 CHILDREN 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 eduVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00290 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
287 

cational 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, expenditure, and tax data from the third fiscal year 

preceding 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. 


smartinez on DSK4TPTVN1PROD with REPORTS
288 

‘‘(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 EDU- CATIONAL 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 

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.’’; 

(C) in paragraph (3)— 

(i) in subparagraph (B), by striking clause (iii) and 

inserting the following: 

‘‘(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 8003(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 


smartinez on DSK4TPTVN1PROD with REPORTS
289 

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).’’; 

(ii) in subparagraph (C), by striking ‘‘subparagraph (D) or (E) of paragraph (2), as the case may be’’ 

and inserting ‘‘subparagraph (C) or (D) of paragraph 

(2), as the case may be’’; and 

(iii) by striking subparagraph (D) and inserting 

the following: 

‘‘(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 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
290 

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 PERCENT- AGE.—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).’’; and 

(D) in paragraph (4)— 

(i) in subparagraph (A), by striking ‘‘through (D)’’ 

and inserting ‘‘and (C)’’; and 

(ii) in subparagraph (B), by striking ‘‘subparagraph (D) or (E)’’ and inserting ‘‘subparagraph (C) or 

(D)’’; 

(3) in subsection (c), by striking paragraph (2) and inserting the following: 

‘‘(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 moveVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00294 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
291 

ments 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 

‘‘(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.’’; 

(4) in subsection (d)(1), by striking ‘‘section 8014(c)’’ and inserting ‘‘section 7014(c)’’; 

(5) in subsection (e)— 

(A) by redesignating paragraph (3) as paragraph (4); 

(B) by striking paragraphs (1) and (2) and inserting 

the following: 

‘‘(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).’’; and 

(6) by striking subsection (g). 

SEC. 7005. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON INDIAN LANDS. 

Section 7004(e)(9), as redesignated and amended by section 

7001 of this Act, is further amended by striking ‘‘Affairs’’ both 

places the term appears and inserting ‘‘Education’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
292 

SEC. 7006. APPLICATION FOR PAYMENTS UNDER SECTIONS 7002 AND 

7003. 

Section 7005, as redesignated and amended by section 7001 of 

this Act, is further amended— 

(1) in the section heading, by striking ‘‘8002 AND 8003’’ 

and inserting ‘‘7002 AND 7003’’; 

(2) by striking ‘‘or 8003’’ each place it appears and inserting ‘‘or 7003’’; 

(3) in subsection (b)— 

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

‘‘, and shall contain such information,’’; and 

(B) by striking ‘‘section 8004’’ and inserting ‘‘section 

7004’’; and 

(4) in subsection (d)(2), by striking ‘‘section 8003(e)’’ and inserting ‘‘section 7003(e)’’; 

SEC. 7007. CONSTRUCTION. 

Section 7007, as redesignated and amended by section 7001 of 

this Act, is further amended— 

(1) in subsection (a)— 

(A) in paragraph (3)(A)(i)— 

(i) by redesignating the first subclause (II) as subclause (I); 

(ii) in subclause (II), by striking ‘‘section 8008(a)’’ 

and inserting ‘‘section 7008(a)’’; and 

(B) in paragraph (4), by striking ‘‘section 8013(3)’’ and 

inserting ‘‘section 7013(3)’’; and 

(2) in subsection (b)— 

(A) in paragraph (3)(C)(i)(I), by adding at the end the 

following: 

‘‘(cc) Not less than 10 percent of the property 

acreage in the agency is exempt from State and 

local taxation under Federal law.’’; and 

(B) in paragraph (6)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘, in such manner, and accompanied by such 

information’’ and inserting ‘‘and in such manner’’; 

(ii) in subparagraph (A), by inserting before the period at the end the following: ‘‘, 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’’; and 

(iii) by striking subparagraph (F). 

SEC. 7008. FACILITIES. 

Section 7008(a), as redesignated by section 7001 of this Act, is 

amended by striking ‘‘section 8014(f)’’ and inserting ‘‘section 

7014(e)’’. 

SEC. 7009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING 

STATE AID. 

Section 7009, as redesignated and amended by section 7001 of 

this Act, is further amended— 

(1) by striking ‘‘section 8011(a)’’ each place it appears and 

inserting ‘‘section 7011(a)’’; 

(2) in subsection (b)(1)— 


smartinez on DSK4TPTVN1PROD with REPORTS
293 

(A) by striking ‘‘or 8003(b)’’ and inserting ‘‘or 7003(b)’’; 

and 

(B) by striking ‘‘section 8003(a)(2)(B)’’ and inserting 

‘‘section 7003(a)(2)(B)’’; and 

(3) in subsection (c)(1)(B), by striking ‘‘and contain the information’’ and inserting ‘‘that’’ after ‘‘form’’. 

SEC. 7010. FEDERAL ADMINISTRATION. 

Section 7010, as redesignated and amended by section 7001 of 

this Act, is further amended— 

(1) in subsection (c)— 

(A) in paragraph (1), in the paragraph heading, by 

striking ‘‘8003(a)(1)’’ and inserting ‘‘7003(a)(1)’’; 

(B) in paragraph (2)(D), by striking ‘‘section 8009(b)’’ 

and inserting ‘‘section 7009(b)’’; and 

(2) in subsection (d)(2), by striking ‘‘section 8014’’ and inserting ‘‘section 7014’’. 

SEC. 7011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW. 

Section 7011(a), as redesignated by section 7001 of this Act, is 

amended by striking ‘‘or under the Act’’ and all that follows through 

‘‘1994)’’. 

SEC. 7012. DEFINITIONS. 

Section 7013, as redesignated by section 7001 of this Act, is 

amended— 

(1) in paragraph (1), by striking ‘‘and Marine Corps’’ and 

inserting ‘‘Marine Corps, and Coast Guard’’; 

(2) in paragraph (4), by striking ‘‘and title VI’’; 

(3) in paragraph (5)(A)— 

(A) in clause (ii), by striking subclause (III) and inserting the following: 

‘‘(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;’’; and 

(B) in clause (iii)— 

(i) in subclause (II), by striking ‘‘Stewart B. 

McKinney Homeless Assistance Act’’ and inserting 

‘‘McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11411)’’; and 

(ii) by striking subclause (III) and inserting the following: 

‘‘(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’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
294 

SEC. 7013. AUTHORIZATION OF APPROPRIATIONS. 

Section 7014, as amended and redesignated by section 7001 of 

this Act, is further amended— 

(1) in subsection (a), by striking ‘‘$32,000,000 for fiscal year 

2000 and such sums as may be necessary for each of the seven 

succeeding fiscal years’’ and inserting ‘‘$66,813,000 for each of 

fiscal years 2017 through 2019, and $71,997,917 for fiscal year 

2020’’; 

(2) in subsection (b), by striking ‘‘$809,400,000 for fiscal 

year 2000 and such sums as may be necessary for each of the 

seven succeeding fiscal years’’ and inserting ‘‘$1,151,233,000 for 

each of fiscal years 2017 through 2019, and $1,240,572,618 for 

fiscal year 2020’’; 

(3) in subsection (c)— 

(A) by striking ‘‘section 8003(d)’’ and inserting ‘‘section 

7003(d)’’; and 

(B) by striking ‘‘$50,000,000 for fiscal year 2000 and 

such sums as may be necessary for each of the seven succeeding fiscal years’’ and inserting ‘‘$48,316,000 for each of 

fiscal years 2017 through 2019, and $52,065,487 for fiscal 

year 2020’’; 

(4) by redesignating subsections (e) and (f) as subsections 

(d) and (e), respectively; 

(5) in subsection (d) (as redesignated by paragraph (4))— 

(A) by striking ‘‘section 8007’’ and inserting ‘‘section 

7007’’; and 

(B) by striking ‘‘$10,052,000 for fiscal year 2000 and 

such sums as may be necessary for fiscal year 2001, 

$150,000,000 for fiscal year 2002, and such sums as may 

be necessary for each of the five succeeding fiscal years’’ 

and inserting ‘‘$17,406,000 for each of fiscal years 2017 

through 2019, and $18,756,765 for fiscal year 2020’’; and 

(6) in subsection (e) (as redesignated by paragraph (4))— 

(A) by striking ‘‘section 8008’’ and inserting ‘‘section 

7008’’; and 

(B) by striking ‘‘$5,000,000 for fiscal year 2000 and 

such sums as may be necessary for each of the seven succeeding fiscal years’’ and inserting ‘‘$4,835,000 for each of 

fiscal years 2017 through 2019, and $5,210,213 for fiscal 

year 2020’’. 

TITLE VIII—GENERAL PROVISIONS 

SEC. 8001. GENERAL PROVISIONS. 

(a) TITLE IX REDESIGNATIONS.—Title IX (20 U.S.C. 7801 et 

seq.) (as amended by sections 2001 and 4001 of this Act) is redesignated as title VIII and further amended— 

(1) by redesignating sections 9101 through 9103 as sections 

8101 through 8103, respectively; 

(2) by redesignating sections 9201 through 9204 as sections 

8201 through 8204, respectively; 

(3) by redesignating sections 9301 through 9306 as sections 

8301 through 8306, respectively; 

(4) by redesignating section 9401 as section 8401; 


smartinez on DSK4TPTVN1PROD with REPORTS
295 

(5) by redesignating sections 9501 through 9506 as sections 

8501 through 8506, respectively; 

(6) by redesignating sections 9521 through 9537 as sections 

8521 through 8537, respectively; 

(7) by redesignating sections 9541 through 9548 as sections 

8551 through 8558, respectively; 

(8) by redesignating section 9551 as 8561; 

(9) by redesignating sections 9561 through 9564 as sections 

8571 through 8574, respectively; and 

(10) by redesignating section 9601 as section 8601. 

(b) STRUCTURAL AND CONFORMING AMENDMENTS.—Title VIII 

(as redesignated by subsection (a) of this section) is further amended— 

(1) by redesignating parts E and F as parts F and G, respectively; 

(2) by striking ‘‘9305’’ each place it appears and inserting 

‘‘8305’’; 

(3) by striking ‘‘9302’’ each place it appears and inserting 

‘‘8302’’; and 

(4) by striking ‘‘9501’’ each place it appears and inserting 

‘‘8501’’. 

SEC. 8002. DEFINITIONS. 

Section 8101, as redesignated and amended by section 8001 of 

this Act, is further amended— 

(1) by striking paragraphs (3), (11), (19), (23), (35), (36), 

(37), and (42); 

(2) by redesignating paragraphs (4), (5), (6), (7), (8), (9), 

(10), (12), (13), (14), (15), (16), (17), (18), (20), (21), (22), (24), 

(25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (38), (39), 

(41), and (43) as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), 

(11), (12), (13), (14), (18), (19), (24), (26), (27), (29), (20), (30), 

(31), (34), (35), (36), (38), (39), (41), (42), (45), (46), (49), and 

(50), respectively, and by transferring such paragraph (20) (as 

so redesignated) so as to follow such paragraph (19) (as so redesignated); 

(3) by striking paragraphs (11) and (12) (as so redesignated 

by paragraph (2)) and inserting the following: 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
296 

‘‘(B) not including expenditures for community services, 

capital outlay, and debt service, or any expenditures made 

from funds received under title I.’’; 

(4) by inserting after paragraph (14) (as so redesignated by 

paragraph (2)) the following: 

‘‘(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 an organized course of study toward a postsecondary degree or credential at no cost to the participant or participant’s family.’’; 

(5) in paragraph (20) (as so redesignated and transferred 

by paragraph (2))— 

(A) in the paragraph heading, by striking ‘‘LIMITED

ENGLISH PROFICIENT’’ and inserting ‘‘ENGLISH LEARNER’’; 

(B) in the matter preceding subparagraph (A), by striking ‘‘limited English proficient’’ and inserting ‘‘English 

learner’’; and 

(C) in subparagraph (D)(i), by striking ‘‘State’s proficient level of achievement on State assessments described 

in section 1111(b)(3)’’ and inserting ‘‘challenging State academic standards’’; 

(6) by inserting after paragraph (20) (as so redesignated 

and transferred by paragraph (2)), the following: 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
297 

‘‘(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 

such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes; and 

‘‘(II) 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— 


smartinez on DSK4TPTVN1PROD with REPORTS
298 

‘‘(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 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
299 

‘‘(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.’’; 

(7) by inserting after paragraph (24) (as so redesignated by 

paragraph (2)) the following: 

‘‘(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— 

‘‘(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 IndiVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00303 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
300 

viduals 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.— 

‘‘(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). 


smartinez on DSK4TPTVN1PROD with REPORTS
301 

‘‘(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.’’; 

(8) by inserting after paragraph (27) (as so redesignated by 

paragraph (2)) the following: 

‘‘(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.’’; 

(9) in paragraph (30) (as so redesignated by paragraph (2)), 

in subparagraph (C)— 

(A) by striking the subparagraph designation and 

heading and inserting ‘‘(C) BUREAU OF INDIAN EDUCATION

SCHOOLS.—’’; and 

(B) by striking ‘‘Affairs’’ both places the term appears 

and inserting ‘‘Education’’; 

(10) by inserting after paragraph (31) (as redesignated by 

paragraph (2)) the following: 

‘‘(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.’’; 

(11) in paragraph (35) (as so redesignated by paragraph 

(2)), by striking ‘‘pupil services’’ and inserting ‘‘specialized instructional support’’; 

(12) by striking paragraph (36) (as so redesignated by paragraph (2)) and inserting the following: 

‘‘(36) OUTLYING AREA.—The term ‘outlying area’— 

‘‘(A) means American Samoa, the Commonwealth of 

the Northern Mariana Islands, Guam, and the United 

States Virgin Islands; 

‘‘(B) means the Republic of Palau, to the extent permitted under section 105(f)(1)(B)(ix) of the Compact of Free 

Association Amendments Act of 2003 (Public Law 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 


smartinez on DSK4TPTVN1PROD with REPORTS
302 

‘‘(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).’’; 

(13) by inserting after paragraph (36) (as so redesignated 

by paragraph (2)), the following: 

‘‘(37) PARAPROFESSIONAL.—The term ‘paraprofessional’, 

also known as a ‘paraeducator’, includes an education assistant 

and instructional assistant.’’; 

(14) in paragraph (39) (as so redesignated by paragraph 

(2))— 

(A) in subparagraph (C), by inserting ‘‘and’’ after the 

semicolon; and 

(B) in subparagraph (D), by striking ‘‘section 1118’’ 

and inserting ‘‘section 1116’’; 

(15) by inserting after paragraph (39) (as so redesignated 

by paragraph (2)) the following: 

‘‘(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 

‘‘(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).’’; 

(16) by striking paragraph (42) (as so redesignated by paragraph (2)) and inserting the following: 

‘‘(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, 


smartinez on DSK4TPTVN1PROD with REPORTS
303 

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; 

‘‘(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 behavVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00307 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
304 

ioral 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 

‘‘(xviii) where practicable, provide jointly for school 

staff and other early childhood education program providers, to address the transition to elementary school, 

including issues related to school readiness.’’; 

(17) by inserting after paragraph (42) (as so redesignated 

by paragraph (2)) the following: 

‘‘(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.’’; 


smartinez on DSK4TPTVN1PROD with REPORTS
305 

(18) by inserting after paragraph (46) (as so redesignated 

by paragraph (2)) the following: 

‘‘(47) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL; 

SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.— ‘‘(A) SPECIALIZED INSTRUCTIONAL SUPPORT PER- SONNEL.—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.’’; 

(19) by striking the undesignated paragraph between paragraph (47) (as inserted by paragraph (18)) and paragraph (49) 

(as so redesignated by paragraph (2)) and inserting the following: 

‘‘(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.’’; 

(20) by striking paragraph (50) (as so redesignated by paragraph (2)) and inserting the following: 

‘‘(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.’’; and 

(21) by adding at the end the following: 

‘‘(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. 8003. APPLICABILITY OF TITLE. 

Section 8102, as redesignated by section 8001 of this Act, is further amended by striking ‘‘Parts B, C, D, and E of this title do not 


smartinez on DSK4TPTVN1PROD with REPORTS
306 

apply to title VIII’’ and inserting ‘‘Parts B, C, D, E, and F of this 

title do not apply to title VII’’. 

SEC. 8004. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS. 

Section 8103, as redesignated by section 8001 of this Act, is 

amended— 

(1) in the section heading, by striking ‘‘BUREAU OF INDIAN AFFAIRS’’ and inserting ‘‘BUREAU OF INDIAN 

EDUCATION’’; and 

(2) by striking ‘‘Bureau of Indian Affairs’’ each place the 

term appears and inserting ‘‘Bureau of Indian Education’’. 

SEC. 8005. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR 

ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. 

Section 8201(b)(2), as redesignated by section 8001 of this Act, 

is amended— 

(1) in subparagraph (G), by striking ‘‘and’’ after the semicolon; 

(2) in subparagraph (H), by striking the period and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(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.’’. 

SEC. 8006. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION. 

Section 8203, as redesignated by section 8001 of this Act, is 

amended— 

(1) in subsection (b), by striking ‘‘Within 1 year after the 

date of enactment of the No Child Left Behind Act of 2001, a 

State’’ and inserting ‘‘A State’’; and 

(2) by striking subsection (d) and inserting the following: 

‘‘(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.’’. 

SEC. 8007. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS. 

Section 8204, as redesignated and amended by section 8001 of 

this Act, is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘part A of title VII’’ 

and inserting ‘‘part A of title VI’’; and 

(B) in paragraph (2), by striking subparagraph (B) and 

inserting the following: 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
307 

achievement measures to assess program effectiveness, 

including program objectives; and 

‘‘(ii) be developed in consultation with Indian 

tribes.’’; and 

(2) by adding at the end the following: 

‘‘(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).’’. 

SEC. 8008. DEPARTMENT STAFF. 

Title VIII, as redesignated and amended by section 8001 of this 

Act, is further amended by adding after section 8204 the following: 

‘‘SEC. 8205. 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 


smartinez on DSK4TPTVN1PROD with REPORTS
308 

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 full-time 

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.’’. 

SEC. 8009. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS. 

Section 8302(b)(1), as redesignated by section 8001 of this Act, 

is amended by striking ‘‘nonprofit’’. 

SEC. 8010. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY 

ASSURANCES. 

Section 8304(a)(2), as redesignated by section 8001 of this Act, 

is amended by striking ‘‘nonprofit’’ and inserting ‘‘eligible’’ each 

place the term appears. 

SEC. 8011. RURAL CONSOLIDATED PLAN. 

Section 8305, as redesignated and amended by section 8001 of 

this Act, is amended by adding at the end the following: 

‘‘(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. 8012. OTHER GENERAL ASSURANCES. 

Section 8306(a), as redesignated and amended by section 8001 

of this Act, is further amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘whether separately or pursuant to section 8305,’’; and 


smartinez on DSK4TPTVN1PROD with REPORTS
309 

(2) in paragraph (2), by striking ‘‘nonprofit’’ each place it 

appears and inserting ‘‘eligible’’. 

SEC. 8013. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS. 

Section 8401, as redesignated by section 8001 of this Act, is 

amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(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 educational 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.’’; 

(2) in subsection (b)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘, local educational agency,’’ 

and inserting ‘‘, acting on its own behalf or on behalf of a local educational agency in accordance 

with subsection (a)(2),’’; and 

(II) by inserting ‘‘, which shall include a plan’’ 

after ‘‘to the Secretary’’; 

(ii) by redesignating subparagraph (E) as subparagraph (F); 

(iii) by striking subparagraphs (B), (C), and (D) 

and inserting the following: 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
310 

‘‘(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’’; and 

(iv) in subparagraph (F), as redesignated by clause 

(ii), by inserting ‘‘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)’’ after ‘‘waivers 

are requested’’; 

(B) in paragraph (2)(B)(i)(II), by striking ‘‘(on behalf of, 

and based on the requests of, local educational agencies)’’ 

and inserting ‘‘(on behalf of those agencies or on behalf of, 

and based on the requests of, local educational agencies in 

the State)’’; 

(C) in paragraph (3)— 

(i) in subparagraph (A)— 

(I) in the matter preceding clause (i), by inserting ‘‘or on behalf of local educational agencies in 

the State under subsection (a)(2),’’ after ‘‘acting on 

its own behalf,’’; and 

(II) by striking clauses (i) through (iii) and inserting the following: 

‘‘(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.’’; and 

(ii) in subparagraph (B), by striking clauses (i) 

and (ii) and inserting the following: 

‘‘(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.’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
311 

(D) by adding at the end the following: 

‘‘(4) WAIVER DETERMINATION, DEMONSTRATION, AND REVISION.— 

‘‘(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 

‘‘(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 


smartinez on DSK4TPTVN1PROD with REPORTS
312 

‘‘(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.’’; 

(3) in subsection (c)— 

(A) in paragraph (1), by inserting ‘‘, Indian tribes’’ 

after ‘‘local educational agencies’’; 

(B) in paragraph (8), by striking ‘‘subpart 1 of part B 

of title V’’ and inserting ‘‘part C of title IV’’; and 

(C) by striking paragraph (9) and inserting the following: 

‘‘(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’’; 

(4) in subsection (d)— 

(A) in the subsection heading, by adding ‘‘; LIMITATIONS’’ after ‘‘WAIVER’’; 

(B) in paragraph (2), in the matter preceding subparagraph (A), by striking ‘‘Secretary determines’’ and inserting 

‘‘State demonstrates’’; and 

(C) by adding at the end the following: 

‘‘(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; 

‘‘(ii) academic assessments; 

‘‘(iii) State accountability systems; or 

‘‘(iv) teacher and school leader evaluation systems.’’; 

(5) by striking subsection (e) and inserting the following: 

‘‘(e) REPORTS.—A State educational agency, local educational 

agency, school, or Indian tribe receiving a waiver under this section 


smartinez on DSK4TPTVN1PROD with REPORTS
313 

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.’’; and 

(6) in subsection (f), by striking ‘‘if the Secretary determines’’ and all that follows through the period at the end and 

inserting the following: ‘‘if, after notice and an opportunity for 

a hearing, the Secretary— 

‘‘(A) 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.’’. 

SEC. 8014. APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL 

APPLICATIONS. 

Title VIII, as amended and redesignated by section 8001 of this 

Act, is further amended by inserting after section 8401 the following: 

‘‘PART E—APPROVAL AND DISAPPROVAL OF 

STATE PLANS AND LOCAL APPLICATIONS 

‘‘SEC. 8451. 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; 

‘‘(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
314 

‘‘(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. 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 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
315 

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.’’. 

SEC. 8015. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND 

TEACHERS. 

Section 8501, as redesignated by section 8001 of this Act, is 

amended— 

(1) in subsection (a)— 

(A) by striking paragraph (3) and inserting the following: 

‘‘(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.’’; and 


smartinez on DSK4TPTVN1PROD with REPORTS
316 

(B) by striking paragraph (4) and inserting the following: 

‘‘(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.’’. 

(2) in subsection (b)— 

(A) in paragraph (1), by striking subparagraphs (A) 

through (H) and inserting the following: 

‘‘(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.’’; and 

(B) by striking paragraph (3); and 

(3) in subsection (c)— 

(A) in the matter preceding subparagraph (A), by striking ‘‘To ensure’’ and all that follows through ‘‘such as’’ and 

inserting ‘‘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’’; 

(B) in paragraph (1)— 

(i) in subparagraph (E)— 

(I) by striking ‘‘and the amount’’ and inserting 

‘‘, the amount’’; and 

(II) by striking ‘‘services; and’’ and inserting 

‘‘services, and how that amount is determined;’’; 

(ii) in subparagraph (F)— 

(I) by striking ‘‘contract’’ after ‘‘provision of’’; 

and 

(II) by striking the period at the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 


smartinez on DSK4TPTVN1PROD with REPORTS
317 

‘‘(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.’’; and 

(4) by adding at the end the following: 

‘‘(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.—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 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
318 

request, as prescribed by the State educational agency.’’. 

SEC. 8016. STANDARDS FOR BY-PASS. 

Section 8502(a)(2), as redesignated and amended by section 

8001 of this Act, is further amended by striking ‘‘9503, and 9504’’ 

and inserting ‘‘8503, and 8504’’. 

SEC. 8017. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE 

SCHOOL CHILDREN. 

Section 8503, as redesignated and amended by section 8001 of 

this Act, is further amended by striking subsections (a) and (b) and 

inserting the following: 

‘‘(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. 8018. BY-PASS DETERMINATION PROCESS. 

Section 8504(a)(1)(A), as redesignated by section 8001 of this 

Act, is amended by striking ‘‘9502’’ and inserting ‘‘8502’’. 

SEC. 8019. MAINTENANCE OF EFFORT. 

Section 8521, as redesignated by section 8001 of this Act, is 

amended— 

(1) in subsection (a), by inserting ‘‘, subject to the requirements of subsection (b)’’ after ‘‘for the second preceding fiscal 

year’’; 

(2) in subsection (b)(1), by inserting before the period at the 

end the following: ‘‘, 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’’; and 

(3) in subsection (c)(1), by inserting ‘‘or a change in the organizational structure of the local educational agency’’ after ‘‘, 

such as a natural disaster’’. 

SEC. 8020. PROHIBITION REGARDING STATE AID. 

Section 8522, as redesignated by section 8001 of this Act, is 

amended by striking ‘‘title VIII’’ and inserting ‘‘title VII’’. 

SEC. 8021. SCHOOL PRAYER. 

Section 8524(a), as redesignated by section 8001 of this Act, is 

amended by striking ‘‘on the Internet’’ and inserting ‘‘by electronic 

means, including by posting the guidance on the Department’s 

website in a clear and easily accessible manner’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
319 

SEC. 8022. PROHIBITED USES OF FUNDS. 

Section 8526, as redesignated by section 8001 of this Act, is 

amended— 

(1) by striking the section heading and inserting ‘‘PROHIBITED USES OF FUNDS’’; 

(2) in subsection (a)— 

(A) by redesignating paragraphs (1) through (4) as 

paragraphs (3) through (6), respectively; and 

(B) by inserting before paragraph (3) (as redesignated 

by subparagraph (A)) the following: 

‘‘(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) by striking ‘‘(a)PROHIBITION.—None of the funds authorized under this Act shall be used’’ and inserting ‘‘No funds 

under this Act may be used’’; and 

(4) by striking subsection (b). 

SEC. 8023. PROHIBITIONS. 

Title VIII, as redesignated and amended by section 8001 of this 

Act, is further amended by inserting after section 8526 the following: 

‘‘SEC. 8526A. 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. 8024. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF 

FEDERAL FUNDS. 

Section 8527, as redesignated by section 8001 of this Act, is 

amended to read as follows: 


smartinez on DSK4TPTVN1PROD with REPORTS
320 

‘‘SEC. 8527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF 

FEDERAL FUNDS. 

‘‘(a) GENERAL PROHIBITION.—Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government, 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. 8025. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND 

STUDENT RECRUITING INFORMATION. 

Section 8528, as redesignated by section 8001 of this Act, is 

amended by striking subsections (a) through (d) and inserting the 

following: 


smartinez on DSK4TPTVN1PROD with REPORTS
321 

‘‘(a) POLICY.— 

‘‘(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 PROCESSES.—Nothing in this subsection shall be construed to allow 

a local educational agency to withhold access to a student’s 

name, address, and telephone listing from a military recruiter 

or institution of higher education by implementing an opt-in 

process or any other process other than the written consent request process under paragraph (2)(A). 

‘‘(5) PARENTAL CONSENT.—For purposes of this subsection, 

whenever a student has attained 18 years of age, the permission 

or consent required of and the rights accorded to the parents of 

the student shall only be required of and accorded to the student. 

‘‘(b) NOTIFICATION.—The Secretary, in consultation with the 

Secretary of Defense, shall, not later than 120 days after the date 

of 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. 8026. PROHIBITION ON FEDERALLY SPONSORED TESTING. 

Section 8529, as redesignated by section 8001 of this Act, is 

amended to read as follows: 


smartinez on DSK4TPTVN1PROD with REPORTS
322 

‘‘SEC. 8529. PROHIBITION ON FEDERALLY SPONSORED TESTING. 

‘‘(a) GENERAL PROHIBITION.—Notwithstanding any other provision of Federal law and except as provided in subsection (b), no 

funds provided under this Act to the Secretary or to the recipient of 

any award may be used to develop, 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. 8027. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION 

FOR TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS. 

Section 8530, as redesignated by section 8001 of this Act, is 

amended— 

(1) in the section heading, by inserting ‘‘, PRINCIPALS, 

OR OTHER SCHOOL LEADERS’’ after ‘‘TEACHERS’’; 

(2) in the subsection heading, by inserting ‘‘, PRINCIPALS, 

OR OTHER SCHOOL LEADERS’’ after ‘‘TEACHERS’’; and 

(3) in subsection (a)— 

(A) by inserting ‘‘, principals, other school leaders,’’ 

after ‘‘teachers’’; and 

(B) by inserting ‘‘, or incentive regarding,’’ after ‘‘administration of’’. 

SEC. 8028. PROHIBITION ON REQUIRING STATE PARTICIPATION. 

Title VIII, as redesignated and amended by section 8001 of this 

Act, is further amended by inserting after section 8530 the following: 

‘‘SEC. 8530A. 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. 8029. CIVIL RIGHTS. 

Section 8534(b), as redesignated by section 8001 of this Act, is 

amended— 

(1) by striking ‘‘as defined in section 1116 of title I and part 

B of title V’’ and inserting ‘‘as defined in section 1111(d) of title 

I and part C of title IV’’; and 

(2) by striking ‘‘grant under section 1116 of title I or part 

B of title V’’ and inserting ‘‘grant under section 1111(d) of title 

I or part C of title IV’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
323 

SEC. 8030. CONSULTATION WITH INDIAN TRIBES AND TRIBAL ORGANIZATIONS. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the end 

the following: 

‘‘SEC. 8538. 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 


smartinez on DSK4TPTVN1PROD with REPORTS
324 

‘‘(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. 8031. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL 

LOCAL EDUCATIONAL AGENCIES. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the end 

the following: 

‘‘SEC. 8539. 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. 8032. CONSULTATION WITH THE GOVERNOR. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the end 

the following: 

‘‘SEC. 8540. 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. 8033. LOCAL GOVERNANCE. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the end 

the following: 

‘‘SEC. 8541. LOCAL GOVERNANCE. 

‘‘(a) RULE OF CONSTRUCTION.—Nothing in this Act shall be construed to allow the Secretary to— 


smartinez on DSK4TPTVN1PROD with REPORTS
325 

‘‘(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.’’. 

SEC. 8034. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND 

FROM SCHOOL. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the end 

the following: 

‘‘SEC. 8542. 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. 8035. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the end 

the following: 

‘‘SEC. 8543. 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. 8036. STATE CONTROL OVER STANDARDS. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the end 

the following: 

‘‘SEC. 8544. 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).’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
326 

SEC. 8037. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the end 

the following: 

‘‘SEC. 8545. 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.’’. 

SEC. 8038. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the end 

the following: 

‘‘SEC. 8546. 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 


smartinez on DSK4TPTVN1PROD with REPORTS
327 

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. 8039. SENSE OF CONGRESS ON RESTORATION OF STATE SOVEREIGNTY OVER PUBLIC EDUCATION. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the end 

the following: 

‘‘SEC. 8547. 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 

or local educational agency’s request to participate in such activities.’’. 

SEC. 8040. PRIVACY. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the end 

the following: 

‘‘SEC. 8548. 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. 8041. ANALYSIS AND PERIODIC REVIEW; SENSE OF CONGRESS; 

TECHNICAL ASSISTANCE. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the end 

the following: 


smartinez on DSK4TPTVN1PROD with REPORTS
328 

‘‘SEC. 8549. 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 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. 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 

the age at which to set compulsory attendance in school, the content 

of a State’s early learning guidelines, and how to determine quality 

in programs. 

‘‘SEC. 8549C. 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).’’. 

SEC. 8042. EVALUATIONS. 

Section 8601, as redesignated by section 8001 of this Act, is 

amended to read as follows: 


smartinez on DSK4TPTVN1PROD with REPORTS
329 

‘‘SEC. 8601. 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 

in collecting and analyzing data and other activities related to conducting high-quality evaluations under paragraph (1). 


smartinez on DSK4TPTVN1PROD with REPORTS
330 

‘‘(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.’’. 

TITLE IX—EDUCATION FOR THE 

HOMELESS AND OTHER LAWS 

PART A—HOMELESS CHILDREN AND YOUTHS 

SEC. 9101. STATEMENT OF POLICY. 

Section 721 of the McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11431) is amended— 

(1) in paragraph (2), by striking ‘‘In any State’’ and all that 

follows through ‘‘will review’’ and inserting ‘‘In any State where 

compulsory residency requirements or other requirements, in 

laws, regulations, practices, or policies, may act as a barrier to 

the identification of, or the enrollment, attendance, or success in 

school of, homeless children and youths, the State educational 

agency and local educational agencies in the State will review’’; 

(2) in paragraph (3), by striking ‘‘alone’’; and 

(3) in paragraph (4), by striking ‘‘challenging State student 

academic achievement standards’’ and inserting ‘‘challenging 

State academic standards’’. 

SEC. 9102. GRANTS FOR STATE AND LOCAL ACTIVITIES. 

Section 722 of the McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11432) is amended— 

(1) by striking subsection (b) and inserting the following: 

‘‘(b) GRANTS FROM ALLOTMENTS.—The Secretary shall make the 

grants to States from the allotments made under subsection (c)(1).’’; 


smartinez on DSK4TPTVN1PROD with REPORTS
331 

(2) in subsection (d)— 

(A) in paragraph (2)— 

(i) by striking ‘‘To provide’’ and all that follows 

through ‘‘that enable’’ and inserting ‘‘To provide services and activities to improve the identification of 

homeless children and youths (including preschoolaged homeless children) and enable’’; and 

(ii) by striking ‘‘or, if’’ and inserting ‘‘including, if’’; 

(B) in paragraph (3), by striking ‘‘designate’’ and all 

that follows and inserting ‘‘designate in the State educational agency an Office of the Coordinator for Education 

of Homeless Children and Youths that can sufficiently 

carry out the duties described for the Office in this subtitle 

in accordance with subsection (f).’’; and 

(C) by striking paragraph (5) and inserting the following: 

‘‘(5) To develop and implement professional development 

programs for liaisons designated under subsection (g)(1)(J)(ii) 

and other local educational agency personnel— 

‘‘(A) to improve their identification of homeless children 

and youths; and 

‘‘(B) to heighten the awareness of the liaisons and personnel of, and their capacity to respond to, specific needs in 

the education of homeless children and youths.’’; 

(3) in subsection (e)— 

(A) in paragraph (1), by inserting ‘‘a State through 

grants under subsection (a) to’’ after ‘‘each year to’’; 

(B) in paragraph (2), by striking ‘‘funds made available for State use under this subtitle’’ and inserting ‘‘the 

grant funds remaining after the State educational agency 

distributes subgrants under paragraph (1)’’; and 

(C) in paragraph (3)— 

(i) in subparagraph (C)(iv)(II), by striking ‘‘sections 

1111 and 1116’’ and inserting ‘‘section 1111’’; 

(ii) in subparagraph (E)(ii)(II), by striking ‘‘subsection (g)(6)(A)(v)’’ and inserting ‘‘subsection 

(g)(6)(A)(vi)’’; and 

(iii) in subparagraph (F)— 

(I) in clause (i)— 

(aa) by striking ‘‘and’’ at the end of subclause (II); 

(bb) by striking the period at the end of 

subclause (III) and inserting ‘‘; and’’; and 

(cc) by adding at the end the following: 

‘‘(IV) the progress the separate schools are 

making in helping all students meet the challenging State academic standards.’’; and 

(II) in clause (iii), by striking ‘‘Not later than 

2 years after the date of enactment of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, the’’ and inserting ‘‘The’’; 

(4) by striking subsection (f) and inserting the following: 

‘‘(f) FUNCTIONS OF THE OFFICE OF THE COORDINATOR.—The Coordinator for Education of Homeless Children and Youths established in each State shall— 


smartinez on DSK4TPTVN1PROD with REPORTS
332 

‘‘(1) gather and make publicly available reliable, valid, and 

comprehensive information on— 

‘‘(A) the number of homeless children and youths identified in the State, which shall be posted annually on the 

State educational agency’s website; 

‘‘(B) the nature and extent of the problems homeless 

children and youths have in gaining access to public preschool programs and to public elementary schools and secondary schools; 

‘‘(C) the difficulties in identifying the special needs and 

barriers to the participation and achievement of such children and youths; 

‘‘(D) any progress made by the State educational agency and local educational agencies in the State in addressing such problems and difficulties; and 

‘‘(E) the success of the programs under this subtitle in 

identifying homeless children and youths and allowing 

such children and youths to enroll in, attend, and succeed 

in, school; 

‘‘(2) develop and carry out the State plan described in subsection (g); 

‘‘(3) collect data for and transmit to the Secretary, at such 

time and in such manner as the Secretary may reasonably require, a report containing information necessary to assess the 

educational needs of homeless children and youths within the 

State, including data necessary for the Secretary to fulfill the 

responsibilities under section 724(h); 

‘‘(4) in order to improve the provision of comprehensive education and related services to homeless children and youths and 

their families, coordinate activities and collaborate with— 

‘‘(A) educators, including teachers, special education 

personnel, administrators, and child development and preschool program personnel; 

‘‘(B) providers of services to homeless children and 

youths and their families, including public and private 

child welfare and social services agencies, law enforcement 

agencies, juvenile and family courts, agencies providing 

mental health services, domestic violence agencies, child 

care providers, runaway and homeless youth centers, and 

providers of services and programs funded under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); 

‘‘(C) providers of emergency, transitional, and permanent housing to homeless children and youths, and their 

families, including public housing agencies, shelter operators, operators of transitional housing facilities, and providers of transitional living programs for homeless youths; 

‘‘(D) local educational agency liaisons designated under 

subsection (g)(1)(J)(ii) for homeless children and youths; 

and 

‘‘(E) community organizations and groups representing 

homeless children and youths and their families; 

‘‘(5) provide technical assistance to and conduct monitoring 

of local educational agencies in coordination with local educational agency liaisons designated under subsection 

(g)(1)(J)(ii), to ensure that local educational agencies comply 


smartinez on DSK4TPTVN1PROD with REPORTS
333 

with the requirements of subsection (e)(3) and paragraphs (3) 

through (7) of subsection (g); 

‘‘(6) provide professional development opportunities for 

local educational agency personnel and the local educational 

agency liaison designated under subsection (g)(1)(J)(ii) to assist 

such personnel and liaison in identifying and meeting the needs 

of homeless children and youths, and provide training on the 

definitions of terms related to homelessness specified in sections 

103, 401, and 725 to the liaison; and 

‘‘(7) respond to inquiries from parents and guardians of 

homeless children and youths, and (in the case of unaccompanied youths) such youths, to ensure that each child or youth 

who is the subject of such an inquiry receives the full protections and services provided by this subtitle.’’; 

(5) by striking subsection (g) and inserting the following: 

‘‘(g) STATE PLAN.— 

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

under this subtitle, the State educational agency shall submit 

to the Secretary a plan to provide for the education of homeless 

children and youths within the State. Such plan shall include 

the following: 

‘‘(A) A description of how such children and youths are 

(or will be) given the opportunity to meet the same challenging State academic standards as all students are expected to meet. 

‘‘(B) A description of the procedures the State educational agency will use to identify such children and 

youths in the State and to assess their needs. 

‘‘(C) A description of procedures for the prompt resolution of disputes regarding the educational placement of 

homeless children and youths. 

‘‘(D) A description of programs for school personnel (including liaisons designated under subparagraph (J)(ii), 

principals and other school leaders, attendance officers, 

teachers, enrollment personnel, and specialized instructional support personnel) to heighten the awareness of such 

school personnel of the specific needs of homeless children 

and youths, including such children and youths who are 

runaway and homeless youths. 

‘‘(E) A description of procedures that ensure that homeless children and youths who meet the relevant eligibility 

criteria are able to participate in Federal, State, or local 

nutrition programs. 

‘‘(F) A description of procedures that ensure that— 

‘‘(i) homeless children have access to public preschool programs, administered by the State educational agency or local educational agency, as provided to other children in the State; 

‘‘(ii) youths described in section 725(2) and youths 

separated from public schools are identified and accorded equal access to appropriate secondary education 

and support services, including by identifying and removing barriers that prevent youths described in this 

clause from receiving appropriate credit for full or partial coursework satisfactorily completed while attendVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00337 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
334 

ing a prior school, in accordance with State, local, and 

school policies; and 

‘‘(iii) homeless children and youths who meet the 

relevant eligibility criteria do not face barriers to accessing academic and extracurricular activities, including magnet school, summer school, career and technical education, advanced placement, online learning, 

and charter school programs, if such programs are 

available at the State and local levels. 

‘‘(G) Strategies to address problems identified in the report provided to the Secretary under subsection (f)(3). 

‘‘(H) Strategies to address other problems with respect 

to the education of homeless children and youths, including 

problems resulting from enrollment delays that are caused 

by— 

‘‘(i) requirements of immunization and other required health records; 

‘‘(ii) residency requirements; 

‘‘(iii) lack of birth certificates, school records, or 

other documentation; 

‘‘(iv) guardianship issues; or 

‘‘(v) uniform or dress code requirements. 

‘‘(I) A demonstration that the State educational agency 

and local educational agencies in the State have developed, 

and shall review and revise, policies to remove barriers to 

the identification of homeless children and youths, and the 

enrollment and retention of homeless children and youths 

in schools in the State, including barriers to enrollment 

and retention due to outstanding fees or fines, or absences. 

‘‘(J) Assurances that the following will be carried out: 

‘‘(i) The State educational agency and local educational agencies in the State will adopt policies and 

practices to ensure that homeless children and youths 

are not stigmatized or segregated on the basis of their 

status as homeless. 

‘‘(ii) The local educational agencies will designate 

an appropriate staff person, able to carry out the duties 

described in paragraph (6)(A), who may also be a coordinator for other Federal programs, as a local educational agency liaison for homeless children and 

youths. 

‘‘(iii) The State and the local educational agencies 

in the State will adopt policies and practices to ensure 

that transportation is provided, at the request of the 

parent or guardian (or in the case of an unaccompanied youth, the liaison), to and from the school of origin (as determined under paragraph (3)), in accordance with the following, as applicable: 

‘‘(I) If the child or youth continues to live in 

the area served by the local educational agency in 

which the school of origin is located, the child’s or 

youth’s transportation to and from the school of origin shall be provided or arranged by the local 

educational agency in which the school of origin is 

located. 


smartinez on DSK4TPTVN1PROD with REPORTS
335 

‘‘(II) If the child’s or youth’s living arrangements in the area served by the local educational 

agency of origin terminate and the child or youth, 

though continuing the child’s or youth’s education 

in the school of origin, begins living in an area 

served by another local educational agency, the 

local educational agency of origin and the local 

educational agency in which the child or youth is 

living shall agree upon a method to apportion the 

responsibility and costs for providing the child or 

youth with transportation to and from the school 

of origin. If the local educational agencies are unable to agree upon such method, the responsibility 

and costs for transportation shall be shared equally. 

‘‘(iv) The State and the local educational agencies 

in the State will adopt policies and practices to ensure 

participation by liaisons described in clause (ii) in professional development and other technical assistance 

activities provided pursuant to paragraphs (5) and (6) 

of subsection (f), as determined appropriate by the Office of the Coordinator. 

‘‘(K) A description of how youths described in section 

725(2) will receive assistance from counselors to advise 

such youths, and prepare and improve the readiness of 

such youths for college. 

‘‘(2) COMPLIANCE.— ‘‘(A) IN GENERAL.—Each plan adopted under this subsection shall also describe how the State will ensure that 

local educational agencies in the State will comply with the 

requirements of paragraphs (3) through (7). 

‘‘(B) COORDINATION.—Such plan shall indicate what 

technical assistance the State will furnish to local educational agencies and how compliance efforts will be coordinated with the local educational agency liaisons designated under paragraph (1)(J)(ii). 

‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.— ‘‘(A) IN GENERAL.—The local educational agency serving each child or youth to be assisted under this subtitle 

shall, according to the child’s or youth’s best interest— 

‘‘(i) continue the child’s or youth’s education in the 

school of origin for the duration of homelessness— 

‘‘(I) in any case in which a family becomes 

homeless between academic years or during an 

academic year; and 

‘‘(II) for the remainder of the academic year, if 

the child or youth becomes permanently housed 

during an academic year; or 

‘‘(ii) enroll the child or youth in any public school 

that nonhomeless students who live in the attendance 

area in which the child or youth is actually living are 

eligible to attend. 

‘‘(B) SCHOOL STABILITY.—In determining the best interest of the child or youth under subparagraph (A), the local 

educational agency shall— 


smartinez on DSK4TPTVN1PROD with REPORTS
336 

‘‘(i) presume that keeping the child or youth in the 

school of origin is in the child’s or youth’s best interest, 

except when doing so is contrary to the request of the 

child’s or youth’s parent or guardian, or (in the case of 

an unaccompanied youth) the youth; 

‘‘(ii) consider student-centered factors related to the 

child’s or youth’s best interest, including factors related 

to the impact of mobility on achievement, education, 

health, and safety of homeless children and youth, giving priority to the request of the child’s or youth’s parent or guardian or (in the case of an unaccompanied 

youth) the youth; 

‘‘(iii) if, after conducting the best interest determination based on consideration of the presumption in 

clause (i) and the student-centered factors in clause (ii), 

the local educational agency determines that it is not 

in the child’s or youth’s best interest to attend the 

school of origin or the school requested by the parent 

or guardian, or (in the case of an unaccompanied 

youth) the youth, provide the child’s or youth’s parent 

or guardian or the unaccompanied youth with a written explanation of the reasons for its determination, in 

a manner and form understandable to such parent, 

guardian, or unaccompanied youth, including information regarding the right to appeal under subparagraph 

(E); and 

‘‘(iv) in the case of an unaccompanied youth, ensure that the local educational agency liaison designated under paragraph (1)(J)(ii) assists in placement 

or enrollment decisions under this subparagraph, gives 

priority to the views of such unaccompanied youth, and 

provides notice to such youth of the right to appeal 

under subparagraph (E). 

‘‘(C) IMMEDIATE ENROLLMENT.— 

‘‘(i) IN GENERAL.—The school selected in accordance with this paragraph shall immediately enroll the 

homeless child or youth, even if the child or youth— 

‘‘(I) is unable to produce records normally required for enrollment, such as previous academic 

records, records of immunization and other required health records, proof of residency, or other 

documentation; or 

‘‘(II) has missed application or enrollment 

deadlines during any period of homelessness. 

‘‘(ii) RELEVANT ACADEMIC RECORDS.—The enrolling 

school shall immediately contact the school last attended by the child or youth to obtain relevant academic and other records. 

‘‘(iii) RELEVANT HEALTH RECORDS.—If the child or 

youth needs to obtain immunizations or other required 

health records, the enrolling school shall immediately 

refer the parent or guardian of the child or youth, or 

(in the case of an unaccompanied youth) the youth, to 

the local educational agency liaison designated under 

paragraph (1)(J)(ii), who shall assist in obtaining necVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00340 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
337 

essary immunizations or screenings, or immunization 

or other required health records, in accordance with 

subparagraph (D). 

‘‘(D) RECORDS.—Any record ordinarily kept by the 

school, including immunization or other required health 

records, academic records, birth certificates, guardianship 

records, and evaluations for special services or programs, 

regarding each homeless child or youth shall be maintained— 

‘‘(i) so that the records involved are available, in a 

timely fashion, when a child or youth enters a new 

school or school district; and 

‘‘(ii) in a manner consistent with section 444 of the 

General Education Provisions Act (20 U.S.C. 1232g). 

‘‘(E) ENROLLMENT DISPUTES.—If a dispute arises over 

eligibility, or school selection or enrollment in a school— 

‘‘(i) the child or youth shall be immediately enrolled in the school in which enrollment is sought, 

pending final resolution of the dispute, including all 

available appeals; 

‘‘(ii) the parent or guardian of the child or youth 

or (in the case of an unaccompanied youth) the youth 

shall be provided with a written explanation of any decisions related to school selection or enrollment made 

by the school, the local educational agency, or the State 

educational agency involved, including the rights of the 

parent, guardian, or unaccompanied youth to appeal 

such decisions; 

‘‘(iii) the parent, guardian, or unaccompanied 

youth shall be referred to the local educational agency 

liaison designated under paragraph (1)(J)(ii), who 

shall carry out the dispute resolution process as described in paragraph (1)(C) as expeditiously as possible 

after receiving notice of the dispute; and 

‘‘(iv) in the case of an unaccompanied youth, the liaison shall ensure that the youth is immediately enrolled in the school in which the youth seeks enrollment pending resolution of such dispute. 

‘‘(F) PLACEMENT CHOICE.—The choice regarding placement shall be made regardless of whether the child or 

youth lives with the homeless parents or has been temporarily placed elsewhere. 

‘‘(G) PRIVACY.—Information about a homeless child’s or 

youth’s living situation shall be treated as a student education record, and shall not be deemed to be directory information, under section 444 of the General Education Provisions Act (20 U.S.C. 1232g). 

‘‘(H) CONTACT INFORMATION.—Nothing in this subtitle 

shall prohibit a local educational agency from requiring a 

parent or guardian of a homeless child or youth to submit 

contact information. 

‘‘(I) SCHOOL OF ORIGIN DEFINED.—In this paragraph: 

‘‘(i) IN GENERAL.—The term ‘school of origin’ 

means the school that a child or youth attended when 


smartinez on DSK4TPTVN1PROD with REPORTS
338 

permanently housed or the school in which the child or 

youth was last enrolled, including a preschool. 

‘‘(ii) RECEIVING SCHOOL.—When the child or youth 

completes the final grade level served by the school of 

origin, as described in clause (i), the term ‘‘school of origin’’ shall include the designated receiving school at 

the next grade level for all feeder schools. 

‘‘(4) COMPARABLE SERVICES.—Each homeless child or youth 

to be assisted under this subtitle shall be provided services comparable to services offered to other students in the school selected under paragraph (3), including the following: 

‘‘(A) Transportation services. 

‘‘(B) Educational services for which the child or youth 

meets the eligibility criteria, such as services provided 

under title I of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6301 et seq.) or similar State or 

local programs, educational programs for children with 

disabilities, and educational programs for English learners. 

‘‘(C) Programs in career and technical education. 

‘‘(D) Programs for gifted and talented students. 

‘‘(E) School nutrition programs. 

‘‘(5) COORDINATION.— 

‘‘(A) IN GENERAL.—Each local educational agency serving homeless children and youths that receives assistance 

under this subtitle shall coordinate— 

‘‘(i) the provision of services under this subtitle 

with local social services agencies and other agencies or 

entities providing services to homeless children and 

youths and their families, including services and programs funded under the Runaway and Homeless 

Youth Act (42 U.S.C. 5701 et seq.); and 

‘‘(ii) transportation, transfer of school records, and 

other interdistrict activities, with other local educational agencies. 

‘‘(B) HOUSING ASSISTANCE.—If applicable, each State 

educational agency and local educational agency that receives assistance under this subtitle shall coordinate with 

State and local housing agencies responsible for developing 

the comprehensive housing affordability strategy described 

in section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) to minimize educational disruption for children and youths who become 

homeless. 

‘‘(C) COORDINATION PURPOSE.—The coordination required under subparagraphs (A) and (B) shall be designed 

to— 

‘‘(i) ensure that all homeless children and youths 

are promptly identified; 

‘‘(ii) ensure that all homeless children and youths 

have access to, and are in reasonable proximity to, 

available education and related support services; and 

‘‘(iii) raise the awareness of school personnel and 

service providers of the effects of short-term stays in a 


smartinez on DSK4TPTVN1PROD with REPORTS
339 

shelter and other challenges associated with homelessness. 

‘‘(D) HOMELESS CHILDREN AND YOUTHS WITH DISABIL- ITIES.—For children and youths who are to be assisted both 

under this subtitle, and under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) or section 

504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), each 

local educational agency shall coordinate the provision of 

services under this subtitle with the provision of programs 

for children with disabilities served by that local educational agency and other involved local educational agencies. 

‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.— 

‘‘(A) DUTIES.—Each local educational agency liaison 

for homeless children and youths, designated under paragraph (1)(J)(ii), shall ensure that— 

‘‘(i) homeless children and youths are identified by 

school personnel through outreach and coordination 

activities with other entities and agencies; 

‘‘(ii) homeless children and youths are enrolled in, 

and have a full and equal opportunity to succeed in, 

schools of that local educational agency; 

‘‘(iii) homeless families and homeless children and 

youths have access to and receive educational services 

for which such families, children, and youths are eligible, including services through Head Start programs 

(including Early Head Start programs) under the 

Head Start Act (42 U.S.C. 9831 et seq.), early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), and 

other preschool programs administered by the local 

educational agency; 

‘‘(iv) homeless families and homeless children and 

youths receive referrals to health care services, dental 

services, mental health and substance abuse services, 

housing services, and other appropriate services; 

‘‘(v) the parents or guardians of homeless children 

and youths are informed of the educational and related 

opportunities available to their children and are provided with meaningful opportunities to participate in 

the education of their children; 

‘‘(vi) public notice of the educational rights of 

homeless children and youths is disseminated in locations frequented by parents or guardians of such children and youths, and unaccompanied youths, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents and guardians of homeless children and youths, 

and unaccompanied youths; 

‘‘(vii) enrollment disputes are mediated in accordance with paragraph (3)(E); 

‘‘(viii) the parent or guardian of a homeless child 

or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin, as described in paraVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00343 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
340 

graph (1)(J)(iii), and is assisted in accessing transportation to the school that is selected under paragraph 

(3)(A); 

‘‘(ix) school personnel providing services under this 

subtitle receive professional development and other 

support; and 

‘‘(x) unaccompanied youths— 

‘‘(I) are enrolled in school; 

‘‘(II) have opportunities to meet the same challenging State academic standards as the State establishes for other children and youth, including 

through implementation of the procedures under 

paragraph (1)(F)(ii); and 

‘‘(III) are informed of their status as independent students under section 480 of the Higher 

Education Act of 1965 (20 U.S.C. 1087vv) and that 

the youths may obtain assistance from the local 

educational agency liaison to receive verification of 

such status for purposes of the Free Application for 

Federal Student Aid described in section 483 of 

such Act (20 U.S.C. 1090). 

‘‘(B) NOTICE.—State Coordinators established under 

subsection (d)(3) and local educational agencies shall inform school personnel, service providers, advocates working 

with homeless families, parents and guardians of homeless 

children and youths, and homeless children and youths of 

the duties of the local educational agency liaisons, and 

publish an annually updated list of the liaisons on the 

State educational agency’s website. 

‘‘(C) LOCAL AND STATE COORDINATION.—Local educational agency liaisons for homeless children and youths 

shall, as a part of their duties, coordinate and collaborate 

with State Coordinators and community and school personnel responsible for the provision of education and related services to homeless children and youths. Such coordination shall include collecting and providing to the 

State Coordinator the reliable, valid, and comprehensive 

data needed to meet the requirements of paragraphs (1) 

and (3) of subsection (f). 

‘‘(D) HOMELESS STATUS.—A local educational agency 

liaison designated under paragraph (1)(J)(ii) who receives 

training described in subsection (f)(6) may affirm, without 

further agency action by the Department of Housing and 

Urban Development, that a child or youth who is eligible 

for and participating in a program provided by the local 

educational agency, or the immediate family of such a child 

or youth, who meets the eligibility requirements of this Act 

for a program or service authorized under title IV, is eligible for such program or service. 

‘‘(7) REVIEW AND REVISIONS.— 

‘‘(A) IN GENERAL.—Each State educational agency and 

local educational agency that receives assistance under this 

subtitle shall review and revise any policies that may act 

as barriers to the identification of homeless children and 


smartinez on DSK4TPTVN1PROD with REPORTS
341 

youths or the enrollment of homeless children and youths 

in schools that are selected under paragraph (3). 

‘‘(B) CONSIDERATION.—In reviewing and revising such 

policies, consideration shall be given to issues concerning 

transportation, immunization, residency, birth certificates, 

school records and other documentation, and guardianship. 

‘‘(C) SPECIAL ATTENTION.—Special attention shall be 

given to ensuring the identification, enrollment, and attendance of homeless children and youths who are not currently 

attending school.’’; and 

(6) by striking subsection (h). 

SEC. 9103. LOCAL EDUCATIONAL AGENCY SUBGRANTS. 

Section 723 of such Act (42 U.S.C. 11433) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘facilitating the enrollment,’’ and inserting ‘‘facilitating the identification, enrollment,’’; 

(B) in paragraph (2)(B), in the matter preceding clause 

(i), by inserting ‘‘the related’’ before ‘‘schools’’; and 

(C) by adding at the end the following: 

‘‘(4) DURATION OF GRANTS.—Subgrants made under this 

section shall be for terms of not to exceed 3 years.’’; 

(2) in subsection (b), by adding at the end the following: 

‘‘(6) An assurance that the local educational agency will 

collect and promptly provide data requested by the State Coordinator pursuant to paragraphs (1) and (3) of section 722(f). 

‘‘(7) An assurance that the local educational agency will 

meet the requirements of section 722(g)(3).’’; 

(3) in subsection (c)— 

(A) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘preschool, elementary, and secondary schools’’ 

and inserting ‘‘early childhood education and other 

preschool programs, elementary schools, and secondary 

schools,’’; 

(ii) in subparagraph (A), by inserting ‘‘identification,’’ before ‘‘enrollment,’’; 

(iii) in subparagraph (B), by striking ‘‘application—’’ and all that follows and inserting ‘‘application 

reflects coordination with other local and State agencies that serve homeless children and youths.’’; and 

(iv) in subparagraph (C), by inserting ‘‘(as of the 

date of submission of the application)’’ after ‘‘practice’’; 

(B) in paragraph (3)— 

(i) in subparagraph (C), by inserting ‘‘extent to 

which the applicant will promote meaningful’’ after 

‘‘The’’; 

(ii) in subparagraph (D), by striking ‘‘within’’ and 

inserting ‘‘into’’; 

(iii) by redesignating subparagraph (G) as subparagraph (I); 

(iv) by inserting after subparagraph (F) the following: 

‘‘(G) The extent to which the local educational agency 

will use the subgrant to leverage resources, including by 


smartinez on DSK4TPTVN1PROD with REPORTS
342 

maximizing nonsubgrant funding for the position of the liaison described in section 722(g)(1)(J)(ii) and the provision 

of transportation. 

‘‘(H) How the local educational agency will use funds 

to serve homeless children and youths under section 

1113(c)(3) of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 6313(c)(3)).’’; and 

(v) in subparagraph (I), as redesignated by clause 

(iii), by striking ‘‘Such’’ and inserting ‘‘The extent to 

which the applicant’s program meets such’’; and 

(C) by striking paragraph (4); and 

(4) in subsection (d)— 

(A) in paragraph (1), by striking ‘‘the same challenging 

State academic content standards and challenging State 

student academic achievement standards’’ and inserting 

‘‘the same challenging State academic standards as’’; 

(B) in paragraph (2)— 

(i) by striking ‘‘students with limited English proficiency’’ and inserting ‘‘English learners’’; and 

(ii) by striking ‘‘vocational’’ and inserting ‘‘career’’; 

(C) in paragraph (3), by striking ‘‘pupil services’’ and 

inserting ‘‘specialized instructional support’’; 

(D) in paragraph (7), by striking ‘‘and unaccompanied 

youths,’’ and inserting ‘‘particularly homeless children and 

youths who are not enrolled in school,’’; 

(E) in paragraph (9) by striking ‘‘medical’’ and inserting ‘‘other required health’’; 

(F) in paragraph (10)— 

(i) by striking ‘‘parents’’ and inserting ‘‘parents and 

guardians’’; and 

(ii) by inserting before the period at the end ‘‘, and 

other activities designed to increase the meaningful involvement of parents and guardians of homeless children or youths in the education of such children or 

youths’’; 

(G) in paragraph (12), by striking ‘‘pupil services’’ and 

inserting ‘‘specialized instructional support services’’; 

(H) in paragraph (13), by inserting before the period at 

the end ‘‘and parental mental health or substance abuse 

problems’’; and 

(I) in paragraph (16), by inserting before the period at 

the end ‘‘and participate fully in school activities’’. 

SEC. 9104. SECRETARIAL RESPONSIBILITIES. 

Section 724 of the McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11434) is amended— 

(1) by striking subsection (c) and inserting the following: 

‘‘(c) NOTICE.— 

‘‘(1) IN GENERAL.—The Secretary shall, before the next 

school year that begins after the date of enactment of the Every 

Student Succeeds Act, update and disseminate nationwide the 

public notice described in this subsection (as in effect prior to 

such date) of the educational rights of homeless children and 

youths. 


smartinez on DSK4TPTVN1PROD with REPORTS
343 

‘‘(2) DISSEMINATION.—The Secretary shall disseminate the 

notice nationwide to all Federal agencies, and grant recipients, 

serving homeless families or homeless children and youths.’’; 

(2) by striking subsection (d) and inserting the following: 

‘‘(d) EVALUATION, DISSEMINATION, AND TECHNICAL ASSIST- ANCE.—The Secretary shall conduct evaluation, dissemination, and 

technical assistance activities for programs designed to meet the 

educational needs of homeless elementary and secondary school students, and may use funds appropriated under section 726 to conduct such activities.’’; 

(3) in subsection (e)— 

(A) by striking ‘‘60-day’’ and inserting ‘‘120-day’’; and 

(B) by striking ‘‘120-day’’ and inserting ‘‘180-day’’; 

(4) in subsection (f), by adding at the end the following: 

‘‘The Secretary shall provide support and technical assistance to 

State educational agencies, concerning areas in which documented barriers to a free appropriate public education persist.’’; 

(5) by striking subsection (g) and inserting the following: 

‘‘(g) GUIDELINES.—The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after the date 

of enactment of the Every Student Succeeds Act, guidelines concerning ways in which a State— 

‘‘(1) may assist local educational agencies to implement the 

provisions related to homeless children and youths amended by 

that Act; and 

‘‘(2) may review and revise State policies and procedures 

that may present barriers to the identification of homeless children and youths, and the enrollment, attendance, and success 

of homeless children and youths in school.’’; 

(6) in subsection (h)(1)(A)— 

(A) by striking ‘‘location’’ and inserting ‘‘primary nighttime residence’’; and 

(B) by inserting ‘‘in all areas served by local educational agencies’’ before the semicolon at the end; and 

(7) in subsection (i), by striking ‘‘McKinney-Vento Homeless 

Education Assistance Improvements Act of 2001’’ and inserting 

‘‘Every Student Succeeds Act’’. 

SEC. 9105. DEFINITIONS. 

(a) AMENDMENTS.—Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a) is amended— 

(1) in paragraph (2)(B)(i)— 

(A) by inserting ‘‘or’’ before ‘‘are abandoned’’; and 

(B) by striking ‘‘or are awaiting foster care placement;’’; 

(2) in paragraph (3), by striking ‘‘9101’’ and inserting 

‘‘8101’’; and 

(3) in paragraph (6), by striking ‘‘youth not’’ and inserting 

‘‘homeless child or youth not’’. 

(b) EFFECTIVE DATE.— 

(1) IN GENERAL.—In the case of a State that is not a covered State, the amendment made by subsection (a)(1) shall take 

effect on the date that is 1 year after the date of enactment of 

this Act. 

(2) COVERED STATE.—In the case of a covered State, the 

amendment made by subsection (a)(1) shall take effect on the 

date that is 2 years after the date of enactment of this Act. 


smartinez on DSK4TPTVN1PROD with REPORTS
344 

(c) COVERED STATE.—For purposes of this section the term ‘‘covered State’’ means a State that has a statutory law that defines or 

describes the phrase ‘‘awaiting foster care placement’’, for purposes 

of a program under subtitle B of title VII of the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 11431 et seq.). 

SEC. 9106. AUTHORIZATION OF APPROPRIATIONS. 

Section 726 of the McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11435) is amended to read as follows: 

‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this subtitle $85,000,000 for each of fiscal years 2017 through 2020.’’. 

SEC. 9107. EFFECTIVE DATE. 

Except as provided in section 9105(b) or as otherwise provided 

in this Act, this title and the amendments made by this title take 

effect on October 1, 2016. 

PART B—MISCELLANEOUS; OTHER LAWS 

SEC. 9201. FINDINGS AND SENSE OF CONGRESS ON SEXUAL MISCONDUCT. 

(a) FINDINGS.—Congress finds the following: 

(1) There are significant anecdotal reports that some 

schools and local educational agencies have failed to properly 

report allegations of sexual misconduct by employees, contractors, or agents. 

(2) Instead of reporting alleged sexual misconduct to the 

appropriate authorities, such as the police or child welfare services, reports suggest that some schools or local educational 

agencies have kept information on allegations of sexual misconduct private or have entered into confidentiality agreements 

with the suspected employee, contractor, or agent who agrees to 

terminate employment with or discontinue work for the school 

or local educational agency. 

(3) The practice of withholding information on allegations 

of sexual misconduct can facilitate the exposure of other students in other jurisdictions to sexual misconduct. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) confidentiality agreements between local educational 

agencies or schools and child predators should be prohibited; 

(2) local educational agencies or schools should not facilitate the transfer of child predators to other local educational 

agencies or schools; and 

(3) States should require local educational agencies and 

schools to report any and all information regarding allegations 

of sexual misconduct to law enforcement and other appropriate 

authorities. 

SEC. 9202. SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS. 

It is the sense of Congress that a student, teacher, school administrator, or other school employee of an elementary school or secondary school retains the individual’s rights under the First 

Amendment to the Constitution of the United States during the 

school day or while on the grounds of an elementary school or secondary school. 


smartinez on DSK4TPTVN1PROD with REPORTS
345 

SEC. 9203. PREVENTING IMPROPER USE OF TAXPAYER FUNDS. 

To address the misuse of taxpayer funds, the Secretary of Education shall— 

(1) require that each recipient of a grant or subgrant under 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6301 et seq.) display, in a public place, the hotline contact information of the Office of Inspector General of the Department of Education so that any individual who observes, detects, or suspects improper use of taxpayer funds can easily report such improper use; 

(2) annually notify employees of the Department of Education of their responsibility to report fraud; and 

(3) require any applicant— 

(A) for a grant under such Act to provide an assurance 

to the Secretary that any information submitted when applying for such grant and responding to monitoring and 

compliance reviews is truthful and accurate; and 

(B) for a subgrant under such Act to provide the assurance described in subparagraph (A) to the entity awarding 

the subgrant. 

SEC. 9204. ACCOUNTABILITY TO TAXPAYERS THROUGH MONITORING 

AND OVERSIGHT. 

To improve monitoring and oversight of taxpayer funds authorized for appropriation under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), and to deter and prohibit waste, fraud, and abuse with respect to such funds, the Secretary of Education shall— 

(1) notify each recipient of a grant under such Act (and, if 

applicable, require the grantee to inform each subgrantee) of its 

responsibility to— 

(A) comply with all monitoring requirements under the 

applicable program or programs; and 

(B) monitor properly any subgrantee under the applicable program or programs; 

(2) review and analyze the results of monitoring and compliance reviews— 

(A) to understand trends and identify common issues; 

and 

(B) to issue guidance to help grantees address such 

issues before the loss or misuse of taxpayer funding occurs; 

(3) publicly report the work undertaken by the Secretary to 

prevent fraud, waste, and abuse with respect to such taxpayer 

funds; and 

(4) work with the Office of Inspector General of the Department of Education, as needed, to help ensure that employees of 

the Department understand how to adequately monitor grantees 

and to help grantees adequately monitor any subgrantees. 

SEC. 9205. REPORT ON DEPARTMENT ACTIONS TO ADDRESS OFFICE 

OF INSPECTOR GENERAL REPORTS. 

(a) IN GENERAL.—Not later than 6 months after the date of enactment of this Act, the Secretary of Education shall prepare and 

submit 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 the public through the website of the 

Department of Education, a report containing an update on the DeVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00349 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
346 

partment’s implementation of recommendations contained in reports 

from the Office of Inspector General of the Department of Education. 

(b) CONTENTS.—The report under subsection (a) shall include— 

(1) a general review of the work of the Department of Education to implement or address findings contained in reports 

from the Office of Inspector General of the Department of Education to improve monitoring and oversight of Federal programs, including— 

(A) the March 9, 2010, final management information 

report of the Office of Inspector General of the Department 

of Education addressing oversight by local educational 

agencies and authorized public chartering agencies; and 

(B) the September 2012 report of the Office of Inspector 

General of the Department of Education entitled ‘‘The Office of Innovation and Improvement’s Oversight and Monitoring of the Charter Schools Program’s Planning and Implementation Grants Final Audit Report’’; and 

(2) a description of the actions the Department of Education has taken to address the concerns described in reports of 

the Office of Inspector General of the Department of Education, 

including the reports described in paragraph (1). 

SEC. 9206. POSTHUMOUS PARDON. 

(a) FINDINGS.—Congress finds the following: 

(1) John Arthur ‘‘Jack’’ Johnson was a flamboyant, defiant, 

and controversial figure in the history of the United States who 

challenged racial biases. 

(2) Jack Johnson was born in Galveston, Texas, in 1878 to 

parents who were former slaves. 

(3) Jack Johnson became a professional boxer and traveled 

throughout the United States, fighting White and AfricanAmerican heavyweights. 

(4) After being denied (on purely racial grounds) the opportunity to fight 2 White champions, in 1908, Jack Johnson was 

granted an opportunity by an Australian promoter to fight the 

reigning White title-holder, Tommy Burns. 

(5) Jack Johnson defeated Tommy Burns to become the 

first African-American to hold the title of Heavyweight Champion of the World. 

(6) The victory by Jack Johnson over Tommy Burns 

prompted a search for a White boxer who could beat Jack Johnson, a recruitment effort that was dubbed the search for the 

‘‘great white hope’’. 

(7) In 1910, a White former champion named Jim Jeffries 

left retirement to fight Jack Johnson in Reno, Nevada. 

(8) Jim Jeffries lost to Jack Johnson in what was deemed 

the ‘‘Battle of the Century’’. 

(9) The defeat of Jim Jeffries by Jack Johnson led to rioting, aggression against African-Americans, and the racially-motivated murder of African-Americans throughout the United 

States. 

(10) The relationships of Jack Johnson with White women 

compounded the resentment felt toward him by many Whites. 

(11) Between 1901 and 1910, 754 African-Americans were 

lynched, some simply for being ‘‘too familiar’’ with White 

women. 


smartinez on DSK4TPTVN1PROD with REPORTS
347 

(12) In 1910, Congress passed the Act of June 25, 1910 

(commonly known as the ‘‘White Slave Traffic Act’’ or the 

‘‘Mann Act’’) (18 U.S.C. 2421 et seq.), which outlawed the transportation of women in interstate or foreign commerce ‘‘for the 

purpose of prostitution or debauchery, or for any other immoral 

purpose’’. 

(13) In October 1912, Jack Johnson became involved with 

a White woman whose mother disapproved of their relationship 

and sought action from the Department of Justice, claiming 

that Jack Johnson had abducted her daughter. 

(14) Jack Johnson was arrested by Federal marshals on 

October 18, 1912, for transporting the woman across State lines 

for an ‘‘immoral purpose’’ in violation of the Mann Act. 

(15) The Mann Act charges against Jack Johnson were 

dropped when the woman refused to cooperate with Federal authorities, and then married Jack Johnson. 

(16) Federal authorities persisted and summoned a White 

woman named Belle Schreiber, who testified that Jack Johnson 

had transported her across State lines for the purpose of ‘‘prostitution and debauchery’’. 

(17) In 1913, Jack Johnson was convicted of violating the 

Mann Act and sentenced to 1 year and 1 day in Federal prison. 

(18) Jack Johnson fled the United States to Canada and 

various European and South American countries. 

(19) Jack Johnson lost the Heavyweight Championship title 

to Jess Willard in Cuba in 1915. 

(20) Jack Johnson returned to the United States in July 

1920, surrendered to authorities, and served nearly a year in 

the Federal penitentiary in Leavenworth, Kansas. 

(21) Jack Johnson subsequently fought in boxing matches, 

but never regained the Heavyweight Championship title. 

(22) Jack Johnson served the United States during World 

War II by encouraging citizens to buy war bonds and participating in exhibition boxing matches to promote the war bond 

cause. 

(23) Jack Johnson died in an automobile accident in 1946. 

(24) In 1954, Jack Johnson was inducted into the Boxing 

Hall of Fame. 

(25) Senate Concurrent Resolution 29, 111th Congress, 

agreed to July 29, 2009, expressed the sense of the 111th Congress that Jack Johnson should receive a posthumous pardon 

for his racially-motivated 1913 conviction. 

(b) RECOMMENDATIONS.—It remains the sense of Congress that 

Jack Johnson should receive a posthumous pardon— 

(1) to expunge a racially-motivated abuse of the prosecutorial authority of the Federal Government from the annals of 

criminal justice in the United States; and 

(2) in recognition of the athletic and cultural contributions 

of Jack Johnson to society. 

SEC. 9207. EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999 REAUTHORIZATION. 

(a) DEFINITIONS.—Section 3(1) of the Education Flexibility 

Partnership Act of 1999 (20 U.S.C. 5891a(1)) is amended— 

(1) in the paragraph heading, by striking ‘‘LOCAL’’ and inserting ‘‘EDUCATIONAL SERVICE AGENCY; LOCAL’’; 


smartinez on DSK4TPTVN1PROD with REPORTS
348 

(2) by striking ‘‘The terms’’ and inserting ‘‘The terms ‘educational service agency’,’’; and 

(3) by striking ‘‘section 9101’’ and inserting ‘‘section 8101’’. 

(b) GENERAL PROVISIONS.—Section 4 of the Education Flexibility Partnership Act of 1999 (20 U.S.C. 5891b) is amended to read 

as follows: 

‘‘SEC. 4. EDUCATIONAL FLEXIBILITY PROGRAM. 

‘‘(a) EDUCATIONAL FLEXIBILITY PROGRAM.— 

‘‘(1) PROGRAM AUTHORIZED.— 

‘‘(A) IN GENERAL.—The Secretary may carry out an 

educational flexibility program under which the Secretary 

authorizes a State educational agency that serves an eligible State to waive statutory or regulatory requirements applicable to one or more programs described in subsection 

(b), other than requirements described in subsection (c), for 

any local educational agency, educational service agency, or 

school within the State. 

‘‘(B) DESIGNATION.—Each eligible State participating 

in the program described in subparagraph (A) shall be 

known as an ‘Ed-Flex Partnership State’. 

‘‘(2) ELIGIBLE STATE.—For the purpose of this section, the 

term ‘eligible State’ means a State that— 

‘‘(A) has— 

‘‘(i) developed and implemented the challenging 

State academic standards, and aligned assessments, 

described in paragraphs (1) and (2) of section 1111(b) 

of the Elementary and Secondary Education Act of 

1965, and is producing the report cards required by 

section 1111(h) of such Act; or 

‘‘(ii) if the State has adopted new challenging State 

academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, as a 

result of the amendments made to such Act by the 

Every Student Succeeds Act, made substantial progress 

(as determined by the Secretary) toward developing 

and implementing such standards and toward producing the report cards required under section 1111(h) 

of such Act; 

‘‘(B) will hold local educational agencies, educational 

service agencies, and schools accountable for meeting the 

educational goals described in the local applications submitted under paragraph (4) and for engaging in technical 

assistance and, as applicable and appropriate, implementing comprehensive support and improvement activities 

and targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education 

Act of 1965; and 

‘‘(C) waives State statutory or regulatory requirements 

relating to education while holding local educational agencies, educational service agencies, or schools within the 

State that are affected by such waivers accountable for the 

performance of the students who are affected by such waivers. 

‘‘(3) STATE APPLICATION.— 


smartinez on DSK4TPTVN1PROD with REPORTS
349 

‘‘(A) IN GENERAL.—Each State educational agency desiring to participate in the educational flexibility program 

under this section shall submit an application to the Secretary at such time, in such manner, and containing such 

information as the Secretary may reasonably require. Each 

such application shall demonstrate that the eligible State 

has adopted an educational flexibility plan for the State 

that includes— 

‘‘(i) a description of the process the State educational agency will use to evaluate applications from 

local educational agencies, educational service agencies, or schools requesting waivers of— 

‘‘(I) Federal statutory or regulatory requirements as described in paragraph (1)(A); and 

‘‘(II) State statutory or regulatory requirements 

relating to education; 

‘‘(ii) a detailed description of the State statutory 

and regulatory requirements relating to education that 

the State educational agency will waive; 

‘‘(iii) a description of clear educational objectives 

the State intends to meet under the educational flexibility plan, which may include innovative methods to 

leverage resources to improve program efficiencies that 

benefit students; 

‘‘(iv) a description of how the educational flexibility 

plan is coordinated with activities described in subsections (b), (c), and (d) of section 1111 of the Elementary and Secondary Education Act of 1965; 

‘‘(v) a description of how the State educational 

agency will evaluate (consistent with the requirements 

of title I of the Elementary and Secondary Education 

Act of 1965) the performance of students in the schools, 

educational service agencies, and local educational 

agencies affected by the waivers; and 

‘‘(vi) a description of how the State educational 

agency will meet the requirements of paragraph (7). 

‘‘(B) APPROVAL AND CONSIDERATIONS.— 

‘‘(i) IN GENERAL.—By not later than 90 days after 

the date on which a State has submitted an application described in subparagraph (A), the Secretary shall 

issue a written decision that explains why such application has been approved or disapproved, and the process for revising and resubmitting the application for reconsideration. 

‘‘(ii) APPROVAL.—The Secretary may approve an 

application described in subparagraph (A) only if the 

Secretary determines that such application demonstrates substantial promise of assisting the State 

educational agency and affected local educational 

agencies, educational service agencies, and schools 

within the State in carrying out comprehensive educational reform, after considering— 

‘‘(I) the eligibility of the State as described in 

paragraph (2); 


smartinez on DSK4TPTVN1PROD with REPORTS
350 

‘‘(II) the comprehensiveness and quality of the 

educational flexibility plan described in subparagraph (A); 

‘‘(III) the ability of the educational flexibility 

plan to ensure accountability for the activities and 

goals described in such plan; 

‘‘(IV) the degree to which the State’s objectives 

described in subparagraph (A)(iii)— 

‘‘(aa) are clear and have the ability to be 

assessed; and 

‘‘(bb) take into account the performance of 

local educational agencies, educational service 

agencies, or schools, and students, particularly 

those affected by waivers; 

‘‘(V) the significance of the State statutory or 

regulatory requirements relating to education that 

will be waived; and 

‘‘(VI) the quality of the State educational agency’s process for approving applications for waivers 

of Federal statutory or regulatory requirements as 

described in paragraph (1)(A) and for monitoring 

and evaluating the results of such waivers. 

‘‘(4) LOCAL APPLICATION.— 

‘‘(A) IN GENERAL.—Each local educational agency, educational service agency, or school requesting a waiver of a 

Federal statutory or regulatory requirement as described in 

paragraph (1)(A) and any relevant State statutory or regulatory requirement from a State 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. Each such application shall— 

‘‘(i) indicate each Federal program affected and 

each statutory or regulatory requirement that will be 

waived; 

‘‘(ii) describe the purposes and overall expected results of waiving each such requirement, which may include innovative methods to leverage resources to improve program efficiencies that benefit students; 

‘‘(iii) describe, for each school year, specific, measurable, educational goals for each local educational 

agency, educational service agency, or school affected 

by the proposed waiver, and for the students served by 

the local educational agency, educational service agency, or school who are affected by the waiver; 

‘‘(iv) explain why the waiver will assist the local 

educational agency, educational service agency, or 

school in reaching such goals; and 

‘‘(v) in the case of an application from a local educational agency or educational service agency, describe 

how the agency will meet the requirements of paragraph (7). 

‘‘(B) EVALUATION OF APPLICATIONS.—A State educational agency shall evaluate an application submitted 


smartinez on DSK4TPTVN1PROD with REPORTS
351 

under subparagraph (A) in accordance with the State’s educational flexibility plan described in paragraph (3)(A). 

‘‘(C) APPROVAL.—A State educational agency shall not 

approve an application for a waiver under this paragraph 

unless— 

‘‘(i) the local educational agency, educational service agency, or school requesting such waiver has developed a local reform plan that— 

‘‘(I) is applicable to such agency or school, respectively; and 

‘‘(II) may include innovative methods to leverage resources to improve program efficiencies that 

benefit students; 

‘‘(ii) the waiver of Federal statutory or regulatory 

requirements as described in paragraph (1)(A) will assist the local educational agency, educational service 

agency, or school in reaching its educational goals, 

particularly goals with respect to school and student 

performance; and 

‘‘(iii) the State educational agency is satisfied that 

the underlying purposes of the statutory requirements 

of each program for which a waiver is granted will 

continue to be met. 

‘‘(D) TERMINATION.—The State educational agency 

shall annually review the performance of any local educational agency, educational service agency, or school 

granted a waiver of Federal statutory or regulatory requirements as described in paragraph (1)(A) in accordance with 

the evaluation requirement described in paragraph 

(3)(A)(v), and shall terminate or temporarily suspend any 

waiver granted to the local educational agency, educational 

service agency, or school if the State educational agency determines, after notice and an opportunity for a hearing, 

that— 

‘‘(i) there is compelling evidence of systematic 

waste, fraud, or abuse; 

‘‘(ii) the performance of the local educational agency, educational service agency, or school with respect to 

meeting the accountability requirement described in 

paragraph (2)(C) and the goals described in subparagraph (A)(iii) has been inadequate to justify continuation of such waiver; 

‘‘(iii) student achievement in the local educational 

agency, educational service agency, or school has decreased; or 

‘‘(iv) substantial progress has not been made toward meeting the long-term goals and measurements of 

interim progress established by the State under section 

1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965. 

‘‘(5) OVERSIGHT AND REPORTING.— 

‘‘(A) OVERSIGHT.—Each State educational agency participating in the educational flexibility program under this 

section shall annually monitor the activities of local eduVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00355 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
352 

cational agencies, educational service agencies, and schools 

receiving waivers under this section. 

‘‘(B) STATE REPORTS.— ‘‘(i) ANNUAL REPORTS.—The State educational 

agency shall submit to the Secretary an annual report 

on the results of such oversight and the impact of the 

waivers on school and student performance. 

‘‘(ii) PERFORMANCE DATA.—Not later than 2 years 

after the date a State is designated an Ed-Flex Partnership State, each such State shall include, as part of 

the State’s annual report submitted under clause (i), 

data demonstrating the degree to which progress has 

been made toward meeting the State’s educational objectives. The data, when applicable, shall include— 

‘‘(I) information on the total number of waivers granted for Federal and State statutory and 

regulatory requirements under this section, including the number of waivers granted for each type of 

waiver; 

‘‘(II) information describing the effect of the 

waivers on the implementation of State and local 

educational reforms pertaining to school and student performance; 

‘‘(III) information describing the relationship 

of the waivers to the performance of schools and 

students affected by the waivers; and 

‘‘(IV) an assurance from State program managers that the data reported under this section are 

reliable, complete, and accurate, as defined by the 

State, or a description of a plan for improving the 

reliability, completeness, and accuracy of such 

data as defined by the State. 

‘‘(C) SECRETARY’S REPORTS.—The Secretary shall annually— 

‘‘(i) make each State report submitted under subparagraph (B) available to Congress and the public; 

and 

‘‘(ii) submit to Congress a report that summarizes 

the State reports and describes the effects that the educational flexibility program under this section had on 

the implementation of State and local educational reforms and on the performance of students affected by 

the waivers. 

‘‘(6) DURATION OF FEDERAL WAIVERS.— 

‘‘(A) IN GENERAL.— 

‘‘(i) DURATION.—The Secretary shall approve the 

application of a State educational agency under paragraph (3) for a period of not more than 5 years. 

‘‘(ii) AUTOMATIC EXTENSION DURING REVIEW.—The 

Secretary shall automatically extend the authority of a 

State to continue as an Ed-Flex Partnership State until 

the Secretary has— 

‘‘(I) completed the performance review of the 

State educational agency’s educational flexibility 

plan as described in subparagraph (B); and 


smartinez on DSK4TPTVN1PROD with REPORTS
353 

‘‘(II) issued a final decision on any pending request for renewal that was submitted by the State 

educational agency. 

‘‘(iii) EXTENSION OF APPROVAL.—The Secretary 

may extend the authority of a State to continue as an 

Ed-Flex Partnership State if the Secretary determines 

that the authority of the State educational agency to 

grant waivers— 

‘‘(I) has been effective in enabling such State 

or affected local educational agencies, educational 

service agencies, or schools to carry out their State 

or local reform plans and to continue to meet the 

accountability requirement described in paragraph 

(2)(C); and 

‘‘(II) has improved student performance. 

‘‘(B) PERFORMANCE REVIEW.— 

‘‘(i) IN GENERAL.—Following the expiration of an 

approved educational flexibility program for a State 

that is designated an Ed-Flex Partnership State, the 

Secretary shall have not more than 180 days to complete a review of the performance of the State educational agency in granting waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) to determine if the State educational agency— 

‘‘(I) has achieved, or is making substantial 

progress towards achieving, the objectives described in the application submitted pursuant to 

paragraph (3)(A)(iii) and the specific long-term 

goals and measurements of interim progress established under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965; and 

‘‘(II) demonstrates that local educational agencies, educational service agencies, or schools affected by the waiver authority or waivers have 

achieved, or are making progress toward achieving, the desired goals described in the application 

submitted pursuant to paragraph (4)(A)(iii). 

‘‘(ii) TERMINATION OF AUTHORITY.—The Secretary 

shall terminate the authority of a State educational 

agency to grant waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) if 

the Secretary determines, after providing the State educational agency with notice and an opportunity for a 

hearing, that such agency’s performance has been inadequate to justify continuation of such authority based 

on such agency’s performance against the specific longterm goals and measurements of interim progress established under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965. 

‘‘(C) RENEWAL.— 

‘‘(i) IN GENERAL.—Each State educational agency 

desiring to renew an approved educational flexibility 

program under this section shall submit a request for 


smartinez on DSK4TPTVN1PROD with REPORTS
354 

renewal to the Secretary not later than the date of expiration of the approved educational flexibility program. 

‘‘(ii) TIMING FOR RENEWAL.—The Secretary shall 

either approve or deny the request for renewal by not 

later than 90 days after completing the performance review of the State described in subparagraph (B). 

‘‘(iii) DETERMINATION.—In deciding whether to extend a request of a State educational agency for the authority to issue waivers under this section, the Secretary shall review the progress of the State educational agency to determine if the State educational 

agency— 

‘‘(I) has made progress toward achieving the 

objectives described in the State application submitted pursuant to paragraph (3)(A)(iii); and 

‘‘(II) demonstrates in the request that local 

educational agencies, educational service agencies, 

or schools affected by the waiver authority or waivers have made progress toward achieving the desired goals described in the local application submitted pursuant to paragraph (4)(A)(iii). 

‘‘(D) TERMINATION.— ‘‘(i) IN GENERAL.—The Secretary shall terminate or 

temporarily suspend the authority of a State educational agency to grant waivers under this section if 

the Secretary determines that— 

‘‘(I) there is compelling evidence of systematic 

waste, fraud or abuse; or 

‘‘(II) after notice and an opportunity for a 

hearing, such agency’s performance (including performance with respect to meeting the objectives described in paragraph (3)(A)(iii)) has been inadequate to justify continuation of such authority. 

‘‘(ii) LIMITED COMPLIANCE PERIOD.—A State whose 

authority to grant such waivers has been terminated 

shall have not more than 1 additional fiscal year to 

come into compliance in order to seek renewal of the 

authority to grant waivers under this section. 

‘‘(7) PUBLIC NOTICE AND COMMENT.—Each State educational agency seeking waiver authority under this section and 

each local educational agency, educational service agency, or 

school seeking a waiver under this section— 

‘‘(A) shall provide the public with adequate and efficient notice of the proposed waiver authority or waiver, consisting of a description of the agency’s application for the 

proposed waiver authority or waiver on each agency’s 

website, including a description of any improved student 

performance that is expected to result from the waiver authority or waiver; 

‘‘(B) shall provide the opportunity for parents, educators, school administrators, and all other interested members of the community to comment regarding the proposed 

waiver authority or waiver; 

‘‘(C) shall provide the opportunity described in subparagraph (B) in accordance with any applicable State law 


smartinez on DSK4TPTVN1PROD with REPORTS
355 

specifying how the comments may be received, and how the 

comments may be reviewed by any member of the public; 

and 

‘‘(D) shall submit the comments received with the application of the agency or school to the Secretary or the 

State educational agency, as appropriate. 

‘‘(b) INCLUDED PROGRAMS.—The statutory or regulatory requirements referred to in subsection (a)(1)(A) are any such requirements 

for programs that are authorized under the following provisions 

and under which the Secretary provides funds to State educational 

agencies on the basis of a formula: 

‘‘(1) The following provisions of the Elementary and Secondary Education Act of 1965: 

‘‘(A) Part A of title I (other than section 1111). 

‘‘(B) Part C of title I. 

‘‘(C) Part D of title I. 

‘‘(D) Part A of title II. 

‘‘(E) Part A of title IV. 

‘‘(2) The Carl D. Perkins Career and Technical Education 

Act of 2006 (20 U.S.C. 2301 et seq.). 

‘‘(c) WAIVERS NOT AUTHORIZED.—The Secretary and the State 

educational agency may not waive under subsection (a)(1)(A) any 

statutory or regulatory requirement— 

‘‘(1) relating to— 

‘‘(A) maintenance of effort; 

‘‘(B) comparability of services; 

‘‘(C) equitable participation of students and professional staff in private schools; 

‘‘(D) parental participation and involvement; 

‘‘(E) distribution of funds to States or to local educational agencies; 

‘‘(F) serving eligible school attendance areas in rank 

order in accordance with section 1113(a)(3) of the Elementary and Secondary Education Act of 1965; 

‘‘(G) the selection of a school attendance area or school 

under subsections (a) and (b) of section 1113 of the Elementary and Secondary Education Act of 1965, except that a 

State educational agency may grant a waiver to allow a 

school attendance area or school to participate in activities 

under part A of title I of such Act if the percentage of children from low-income families in the school attendance 

area of such school or who attend such school is not less 

than 10 percentage points below the lowest percentage of 

such children for any school attendance area or school of 

the local educational agency that meets the requirements of 

such subsections; 

‘‘(H) use of Federal funds to supplement, not supplant, 

non-Federal funds; and 

‘‘(I) applicable civil rights requirements; and 

‘‘(2) unless the State educational agency can demonstrate 

that the underlying purposes of the statutory requirements of 

the program for which a waiver is granted continue to be met 

to the satisfaction of the Secretary. 

‘‘(d) TREATMENT OF EXISTING ED-FLEX PARTNERSHIP STATES.— 


smartinez on DSK4TPTVN1PROD with REPORTS
356 

‘‘(1) IN GENERAL.—Any designation of a State as an EdFlex Partnership State that was in effect on the date of enactment of the Every Student Succeeds Act shall be immediately 

extended for a period of not more than 5 years, if the Secretary 

makes the determination described in paragraph (2). 

‘‘(2) DETERMINATION.—The determination referred to in 

paragraph (1) is a determination that the performance of the 

State educational agency, in carrying out the programs for 

which the State has received a waiver under the educational 

flexibility program, justifies the extension of the designation. 

‘‘(e) PUBLICATION.—A notice of the Secretary’s decision to authorize State educational agencies to issue waivers under this section, including a description of the rationale the Secretary used to 

approve applications under subsection (a)(3)(B), shall be published 

in the Federal Register and the Secretary shall provide for the dissemination of such notice to State educational agencies, interested 

parties (including educators, parents, students, and advocacy and 

civil rights organizations), and the public.’’. 

SEC. 9208. REPORT ON THE REDUCTION OF THE NUMBER AND PERCENTAGE OF STUDENTS WHO DROP OUT OF SCHOOL. 

Not later than 5 years after the date of enactment of this Act, 

the Director of the Institute of Education Sciences shall evaluate the 

impact of section 1111(g)(1)(D) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6311(g)(1)(D)) on reducing the 

number and percentage of students who drop out of school. 

SEC. 9209. REPORT ON SUBGROUP SAMPLE SIZE. 

(a) REPORT.—Not later than 90 days after the date of enactment 

of this Act, the Director of the Institute of Education Sciences shall 

publish a report on— 

(1) best practices for determining valid, reliable, and statistically significant minimum numbers of students for each of the 

subgroups of students, as defined in section 1111(c)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6311(c)(2)), as amended by this Act, for the purposes of inclusion as subgroups of students in an accountability system described in section 1111(c) of such Act (20 U.S.C. 6311(c)), as 

amended by this Act; and 

(2) how such minimum number that is determined will not 

reveal personally identifiable information about students. 

(b) PUBLIC DISSEMINATION.—The Director of the Institute of 

Education Sciences shall work with the Department of Education’s 

technical assistance providers and dissemination networks to ensure 

that such report is widely disseminated— 

(1) to the public, State educational agencies, local educational agencies, and schools; and 

(2) through electronic transfer and other means, such as 

posting the report on the website of the Institute of Education 

Sciences or in another relevant place. 

(c) PROHIBITION AGAINST RECOMMENDATION.—In carrying out 

this section, the Director of the Institute of Education Sciences shall 

not recommend any specific minimum number of students for each 

of the subgroups of students, as defined in section 1111(c)(2) of the 

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

6311(c)(2)), as amended by this Act. 


smartinez on DSK4TPTVN1PROD with REPORTS
357 

SEC. 9210. REPORT ON STUDENT HOME ACCESS TO DIGITAL LEARNING 

RESOURCES. 

(a) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Director of the Institute of Education 

Sciences shall complete a study on the educational impact of access 

to digital learning resources outside of the classroom. 

(b) CONTENTS.—The study described in subsection (a) shall include— 

(1) an analysis of student habits related to digital learning 

resources outside of the classroom, including the location and 

types of devices and technologies that students use for educational purposes; 

(2) an identification of the barriers students face in accessing digital learning resources outside of the classroom; 

(3) a description of the challenges students who lack home 

Internet access face, including challenges related to— 

(A) student participation and engagement in the classroom; and 

(B) homework completion; 

(4) an analysis of how the barriers and challenges such students face impact the instructional practice of educators; and 

(5) a description of the ways in which State educational 

agencies, local educational agencies, schools, and other entities, 

including partnerships of such entities, have developed effective 

means to address the barriers and challenges students face in 

accessing digital learning resources outside of the classroom. 

(c) PUBLIC DISSEMINATION.—The Director of the Institute of 

Education Sciences shall widely disseminate the findings of the 

study described in subsection (a)— 

(1) in a timely fashion to the public and the Committee on 

Education and the Workforce of the House of Representatives 

and the Committee on Health, Education, Labor, and Pensions 

of the Senate; and 

(2) through electronic transfer and other means, such as 

posting, as available, to the website of the Institute of Education Sciences or the Department of Education. 

SEC. 9211. STUDY ON THE TITLE I FORMULA. 

(a) FINDINGS.—Congress finds the following: 

(1) Part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) provides funding to 

local educational agencies through four separate formulas that 

have been added to the law over time, and which have ‘‘distinct 

allocation patterns, providing varying shares of allocated funds 

to different types of local educational agencies or States,’’ according to a 2015 report from the Congressional Research Service. 

(2) Minimal effort has been made by the Federal Government to determine if the four formulas are adequately delivering funds to local educational agencies with the highest districtwide poverty averages. 

(3) The formulas for distributing Targeted Grants and 

Education Finance Incentive grants use two weighting systems, 

one based on the percentage of children included in the determination of grants to local educational agencies (percentage 

weighting), and another based on the absolute number of such 


smartinez on DSK4TPTVN1PROD with REPORTS
358 

children (number weighting). Both weighting systems have five 

quintiles with a roughly equal number of children in each quintile. Whichever of these weighting systems results in the highest 

total weighted formula child count for a local educational agency is the weighting system used for that agency in the final allocation of Targeted and Education Finance Incentive Grant 

funds. 

(4) The Congressional Research Service has also said the 

number weighting alternative is generally more favorable to 

large local educational agencies with much larger geographic 

boundaries and larger counts of eligible children than smaller 

local educational agencies with smaller counts, but potentially 

higher percentages, of eligible children, because large local educational agencies have many more children in the higher 

weighted quintiles. 

(5) In local educational agencies that are classified by the 

National Center for Education Statistics as ‘‘Large City’’, 47 

percent of all students attend schools with 75 percent or higher 

poverty. 

(b) STUDY.— 

(1) IN GENERAL.—Not later than 18 months after the date 

of enactment of this Act, the Director of the Institute of Education Sciences shall complete a study on the effectiveness of the 

four part A of title I formulas, described in subsection (a), to 

deliver funds to the most economically disadvantaged communities. 

(2) CONTENTS.—The study described in paragraph (1) shall 

include— 

(A) an analysis of the distribution of part A of title I 

funds under the four formulas; 

(B) an analysis of how part A of title I funds are distributed among local educational agencies in each of the 12 

locale types classified by the National Center on Education 

Statistics. 

(C) the extent to which the four formulas unduly benefit or unduly disadvantage any of the local educational 

agencies described in subparagraph (B); 

(D) the extent to which the four formulas unduly benefit or unduly disadvantage high-poverty eligible school attendance areas in the local educational agencies described 

in subparagraph (B); 

(E) the extent to which the four formulas unduly benefit or unduly disadvantage lower population local educational agencies with relatively high percentages of districtwide poverty; 

(F) the impact of number weighting and percentage 

weighting in the formulas for distributing Targeted Grants 

and Education Finance Incentive Grants on each of the 

local educational agencies described in subparagraph (B); 

(G) the impact of number weighting and percentage 

weighting on targeting part A of title I funds to eligible 

school attendance areas with the highest concentrations of 

poverty in local educational agencies described in subparagraph (B), and local educational agencies described in subVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00362 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
359 

paragraph (B) with higher percentages of districtwide poverty; 

(H) an analysis of other studies and reports produced 

by public and non-public entities examining the distribution of part A of title I funds under the four formulas; and 

(I) recommendations, as appropriate, for amending or 

consolidating the formulas to better target part A of title I 

funds to the most economically disadvantaged communities 

and most economically disadvantaged eligible school attendance areas. 

(3) PUBLIC DISSEMINATION.—The Director of the Institute of 

Education Sciences shall widely disseminate the findings of the 

study conducted under this section— 

(A) in a timely fashion; 

(B) to— 

(i) the public; and 

(ii) the Committee on Education and the Workforce 

of the House of Representatives and the Committee on 

Health, Education, Labor, and Pensions of the Senate; 

and 

(C) through electronic transfer and other means, such 

as posting to the website of the Institute of Education 

Sciences or the Department of Education. 

SEC. 9212. PRESCHOOL DEVELOPMENT GRANTS. 

(a) PURPOSES.—The purposes of this section are— 

(1) to assist States to develop, update, or implement a strategic plan that facilitates collaboration and coordination among 

existing programs of early childhood care and education in a 

mixed delivery system across the State designed to prepare lowincome and disadvantaged children to enter kindergarten and 

to improve transitions from such system into the local educational agency or elementary school that enrolls such children, 

by— 

(A) more efficiently using existing Federal, State, local, 

and non-governmental resources to align and strengthen 

the delivery of existing programs; 

(B) coordinating the delivery models and funding 

streams existing in the State’s mixed delivery system; and 

(C) developing recommendations to better use existing 

resources in order to improve— 

(i) the overall participation of children in a mixed 

delivery system of Federal, State, and local early childhood education programs; 

(ii) program quality while maintaining availability 

of services; 

(iii) parental choice among existing programs; and 

(iv) school readiness for children from low-income 

and disadvantaged families, including during such 

children’s transition into elementary school; 

(2) to encourage partnerships among Head Start providers, 

State and local governments, Indian tribes and tribal organizations, private entities (including faith- and community-based 

entities), and local educational agencies, to improve coordination, program quality, and delivery of services; and 


smartinez on DSK4TPTVN1PROD with REPORTS
360 

(3) to maximize parental choice among a mixed delivery 

system of early childhood education program providers. 

(b) DEFINITIONS.—In this section: 

(1) ESEA DEFINITIONS.—The terms ‘‘elementary school’’, 

‘‘local educational agency’’, and ‘‘State’’ have the meanings 

given the terms in section 8101 of the Elementary and Secondary Education Act of 1965. 

(2) CENTER OF EXCELLENCE IN EARLY CHILDHOOD.—The 

term ‘‘Center of Excellence in Early Childhood’’ means a Center 

of Excellence in Early Childhood designated under section 

657B(b) of the Head Start Act (42 U.S.C. 9852b(b)). 

(3) 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). 

(4) EXISTING PROGRAM.—The term ‘‘existing program’’ 

means a Federal, State, local, or privately-funded early childhood education program that— 

(A) was operating in the State on the day before the 

date of enactment of this Act; or 

(B) began operating in the State at any time on or after 

the date of enactment of this Act through funds that were 

not provided by a grant under this section. 

(5) MIXED DELIVERY SYSTEM.—The term ‘‘mixed delivery 

system’’ means a system— 

(A) of early childhood education services that are delivered through a combination of programs, providers, and 

settings (such as Head Start, licensed family and centerbased child care programs, public schools, and communitybased organizations); and 

(B) that is supported with a combination of public 

funds and private funds. 

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Health and Human Services. 

(7) STATE ADVISORY COUNCIL.—The term ‘‘State Advisory 

Council’’ means a State Advisory Council on Early Childhood 

Education and Care designated or established under section 

642B(b)(1)(A) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)). 

(c) GRANTS AUTHORIZED.— (1) IN GENERAL.—From amounts made available under 

subsection (k), the Secretary, jointly with the Secretary of Education, shall award grants to States to enable the States to 

carry out the activities described in subsection (f). 

(2) AWARD BASIS.—Grants under this subsection shall be 

awarded— 

(A) on a competitive basis; and 

(B) with priority for States that meet the requirements 

of subsection (e)(3). 

(3) DURATION OF GRANTS.—A grant awarded under paragraph (1) shall be for a period of not more than 1 year and may 

be renewed by the Secretary, jointly with the Secretary of Education, under subsection (g). 

(4) MATCHING REQUIREMENT.—Each State that receives a 

grant under this section shall provide funds from non-Federal 

sources (which may be provided in cash or in kind) to carry out 


smartinez on DSK4TPTVN1PROD with REPORTS
361 

the activities supported by the grant, in an amount equal to not 

less than 30 percent of the amount of such grant. 

(d) INITIAL APPLICATION.—A State desiring a grant under subsection (c)(1) shall submit an application at such time and in such 

manner as the Secretary may reasonably require. The application 

shall contain— 

(1) an identification of the State entity that the Governor of 

the State has appointed to be responsible for duties under this 

section; 

(2) a description of how such State entity proposes to accomplish the activities described in subsection (f) and meet the 

purposes of this section described in subsection (a), including— 

(A) a timeline for strategic planning activities; and 

(B) a description of how the strategic planning activities and the proposed activities described in subsection (f) 

will increase participation of children from low-income and 

disadvantaged families in high-quality early childhood 

education and preschool programs as a result of the grant; 

(3) a description of the Federal, State, and local existing 

programs in the State for which such State entity proposes to 

facilitate activities described in subsection (f), including— 

(A) programs carried out under the Head Start Act (42 

U.S.C. 9801 et seq.), including the Early Head Start programs carried out under such Act; 

(B) child care programs carried out under the Child 

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

9858 et seq.) or section 418 of the Social Security Act (42 

U.S.C. 618); and 

(C) other Federal, State, and local programs of early 

learning and development, early childhood education, and 

child care, operating in the State (including programs operated by Indian tribes and tribal organizations and private 

entities, including faith- and community-based entities), as 

of the date of the application for the grant; 

(4) a description of how the State entity, in collaboration 

with Centers of Excellence in Early Childhood, if appropriate, 

will provide technical assistance and disseminate best practices; 

(5) a description of how the State plans to sustain the activities described in, and carried out in accordance with, subsection (f) with non-Federal sources after grant funds under 

this section are no longer available, if the State plans to continue such activities after such time; and 

(6) a description of how the State entity will work with the 

State Advisory Council and Head Start collaboration offices. 

(e) REVIEW PROCESS.—The Secretary shall review the applications submitted under subsection (d) to— 

(1) determine which applications satisfy the requirements of 

such subsection; 

(2) confirm that each State submitting an application has, 

as of the date of the application, a mixed delivery system in 

place; and 

(3) determine if a priority is merited in accordance with 

subsection (c)(2)(B) because the State has never received— 

(A) a grant under subsection (c); or 


smartinez on DSK4TPTVN1PROD with REPORTS
362 

(B) a preschool development grant for development or 

expansion under such program as it existed on the day before the date of enactment of this Act. 

(f) USE OF FUNDS.—A State, acting through the State entity appointed under subsection (d)(1), that receives a grant under subsection (c)(1) shall use the grant funds for all of the following activities: 

(1) Conducting a periodic statewide needs assessment of— 

(A) the availability and quality of existing programs in 

the State, including such programs serving the most vulnerable or underserved populations and children in rural 

areas; 

(B) to the extent practicable, the unduplicated number 

of children being served in existing programs; and 

(C) to the extent practicable, the unduplicated number 

of children awaiting service in such programs. 

(2) Developing a strategic plan that recommends collaboration, coordination, and quality improvement activities (including activities to improve children’s transition from early childhood education programs into elementary schools) among existing programs in the State and local educational agencies. Such 

plan shall include information that— 

(A) identifies opportunities for, and barriers to, collaboration and coordination among existing programs in the 

State, including among State, local, and tribal (if applicable) agencies responsible for administering such programs; 

(B) recommends partnership opportunities among 

Head Start providers, local educational agencies, State and 

local governments, Indian tribes and tribal organizations, 

and private entities (including faith- and community-based 

entities) that would improve coordination, program quality, 

and delivery of services; 

(C) builds on existing plans and goals with respect to 

early childhood education programs, including improving 

coordination and collaboration among such programs, of 

the State Advisory Council while incorporating new or updated Federal, State, and local statutory requirements, including— 

(i) the requirements of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et 

seq.); and 

(ii) when appropriate, information found in the report required under section 13 of the Child Care and 

Development Block Grant Act of 2014 (Public Law 

113–186; 128 Stat. 2002); and 

(D) describes how accomplishing the activities described in subparagraphs (A) through (C) will better serve 

children and families in existing programs and how such 

activities will increase the overall participation of children 

in the State. 

(3) Maximizing parental choice and knowledge about the 

State’s mixed delivery system of existing programs and providers by— 

(A) ensuring that parents are provided information 

about the variety of early childhood education programs for 


smartinez on DSK4TPTVN1PROD with REPORTS
363 

children from birth to kindergarten entry in the State’s 

mixed delivery system; and 

(B) promoting and increasing involvement by parents 

and family members, including families of low-income and 

disadvantaged children, in the development of their children and the transition of such children from an early 

childhood education program into an elementary school. 

(4) Sharing best practices among early childhood education 

program providers in the State to increase collaboration and efficiency of services, including to improve transitions from such 

programs to elementary school. 

(5) After activities described in paragraphs (1) and (2) have 

been completed, improving the overall quality of early childhood 

education programs in the State, including by developing and 

implementing evidence-based practices that meet the requirements of section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965, to improve professional development for early childhood education providers and educational 

opportunities for children. 

(g) RENEWAL GRANTS.— 

(1) IN GENERAL.—The Secretary, jointly with the Secretary 

of Education, may use funds available under subsection (k) to 

award renewal grants to States described in paragraph (2) to 

enable such States to continue activities described in subsection 

(f) and to carry out additional activities described in paragraph 

(6). 

(2) ELIGIBLE STATES.—A State shall be eligible for a grant 

under paragraph (1) if— 

(A) the State has received a grant under subsection 

(c)(1) and the grant period has concluded; or 

(B)(i) the State has received a preschool development 

grant for development or expansion under such program as 

it existed on the day before the date of enactment of this 

Act, and the grant period for such grant has concluded; 

and 

(ii) the Secretary allows such State to apply directly for 

a renewal grant under this subsection, rather than an initial grant under subsection (c)(1), and the State submits 

with its application the needs assessment completed under 

the preschool development grant (updated as necessary to 

reflect the needs of the State as of the time of the application) in place of the activity described in subsection (f)(1). 

(3) DURATION OF GRANTS.—A grant awarded under this 

subsection shall be for a period of not more than 3 years and 

shall not be renewed. 

(4) MATCHING REQUIREMENT.—Each State that receives a 

grant under this subsection shall provide funds from non-Federal sources (which may be provided in cash or in kind) to carry 

out the activities supported by the grant, in an amount equal 

to not less than 30 percent of the amount of the grant. 

(5) APPLICATION.—A State described in paragraph (2) that 

desires a grant under this subsection shall submit an application for renewal at such time and in such manner as the Secretary may reasonably require. The application shall contain— 


smartinez on DSK4TPTVN1PROD with REPORTS
364 

(A) applicable information required in the application 

described in subsection (d), and in the case of a State described in paragraph (2)(A), updated as the State determines necessary; 

(B) in the case of a State described in paragraph (2)(A), 

a description of how funds were used for the activities described in subsection (f) in the initial grant period and the 

extent to which such activities will continue to be supported 

in the renewal period; 

(C) in the case of a State described in paragraph 

(2)(B), how a needs assessment completed prior to the date 

of the application, such as the needs assessment completed 

under the preschool development grant program (as such 

program existed prior to the date of enactment of this Act), 

and updated as necessary in accordance with paragraph 

(2)(B)(ii), will be sufficient information to inform the use of 

funds under this subsection, and a copy of such needs assessment; 

(D) a description of how funds will be used for the activities described in paragraph (6) during the renewal 

grant period, if the State proposes to use grant funds for 

such activities; and 

(E) in the case of a State that proposes to carry out activities described in paragraph (6) and to continue such activities after grant funds under this subsection are no 

longer available, a description of how such activities will be 

sustained with non-Federal sources after such time. 

(6) ADDITIONAL ACTIVITIES.— (A) IN GENERAL.—Each State that receives a grant 

under this subsection may use grant funds to award subgrants to programs in a mixed delivery system across the 

State designed to benefit low-income and disadvantaged 

children prior to entering kindergarten, to— 

(i)(I) enable programs to implement activities addressing areas in need of improvement as determined 

by the State, through the use of funds for the activities 

described in paragraph (5)(C) or subsection (f), as applicable; and 

(II) as determined through the activities described 

in paragraph (5)(C) or subsection (f), as applicable, expand access to such existing programs; or 

(ii) develop new programs to address the needs of 

children and families eligible for, but not served by, 

such programs, if the State ensures that— 

(I) the distribution of subgrants under this 

subparagraph supports a mixed delivery system; 

and 

(II) funds made available under this subparagraph will be used 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. 

(B) PRIORITY.—In awarding subgrants under subparagraph (A), a State shall prioritize activities to improve 

areas in which there are State-identified needs that would 


smartinez on DSK4TPTVN1PROD with REPORTS
365 

improve services for low-income and disadvantaged children living in rural areas. 

(C) SPECIAL RULE.—A State receiving a renewal grant 

under this subsection that elects to award subgrants under 

subparagraph (A) shall not— 

(i) for the first year of the renewal grant, use more 

than 60 percent of the grant funds available for such 

year to award such subgrants; and 

(ii) for each of the second and third years of the renewal grant, use more than 75 percent of the grant 

funds available for such year to award such subgrants. 

(h) STATE REPORTING.— 

(1) INITIAL GRANTS.—A State that receives an initial grant 

under subsection (c)(1) shall submit a final report to the Secretary not later than 6 months after the end of the grant period. 

The report shall include a description of— 

(A) how, and to what extent, the grant funds were utilized for activities described in subsection (f), and any other 

activities through which funds were used to meet the purposes of this section, as described in subsection (a); 

(B) strategies undertaken at the State level and, if applicable, local or program level, to implement recommendations in the strategic plan developed under subsection (f)(2); 

(C)(i) any new partnerships among Head Start providers, State and local governments, Indian tribes and tribal organizations, and private entities (including faith- and 

community-based entities); and 

(ii) how these partnerships improve coordination and 

delivery of services; 

(D) if applicable, the degree to which the State used information from the report required under section 13 of the 

Child Care and Development Block Grant Act of 2014 to inform activities under this section, and how this information 

was useful in coordinating, and collaborating among, programs and funding sources; 

(E) the extent to which activities funded by the initial 

grant led to the blending or braiding of other public and 

private funding; 

(F) how information about available existing programs 

for children from birth to kindergarten entry was disseminated to parents and families, and how involvement by 

parents and family was improved; and 

(G) other State-determined and voluntarily provided 

information to share best practices regarding early childhood education programs and the coordination of such programs. 

(2) RENEWAL GRANTS.—A State receiving a renewal grant 

under subsection (g) shall submit a follow-up report to the Secretary not later than 6 months after the end of the grant period 

that includes— 

(A) information described in subparagraphs (A) 

through (G) of paragraph (1), as applicable and updated 

for the period covered by the renewal grant; and 


smartinez on DSK4TPTVN1PROD with REPORTS
366 

(B) if applicable, information on how the State was better able to serve children through the distribution of funds 

in accordance with subsection (g)(5), through— 

(i) a description of the activities conducted through 

the use of subgrant funds, including, where appropriate, measurable areas of program improvement and 

better use of existing resources; and 

(ii) best practices from the use of subgrant funds, 

including how to better serve the most vulnerable, underserved, and rural populations. 

(i) RULES OF CONSTRUCTION.— (1) LIMITATIONS ON FEDERAL INTERFERENCE.—Nothing in 

this section shall be construed to authorize the Secretary or the 

Secretary of Education to establish any criterion for grants 

made under this section that specifies, defines, or prescribes— 

(A) early learning and development guidelines, standards, or specific assessments, including the standards or 

measures that States use to develop, implement, or improve 

such guidelines, standards, or assessments; 

(B) specific measures or indicators of quality early 

learning and care, including— 

(i) the systems that States use to assess the quality 

of early childhood education programs and providers, 

school readiness, and achievement; and 

(ii) the term ‘‘high-quality’’ as it relates to early 

learning, development, or care; 

(C) early learning or preschool curriculum, programs of 

instruction, or instructional content; 

(D) teacher and staff qualifications and salaries; 

(E) class sizes and ratios of children to instructional 

staff; 

(F) any new requirement that an early childhood education program is required to meet that is not explicitly authorized in this section; 

(G) the scope of programs, including length of program 

day and length of program year; and 

(H) any aspect or parameter of a teacher, principal, 

other school leader, or staff evaluation system within a 

State, local educational agency, or early childhood education program. 

(2) LIMITATION ON GOVERNMENTAL REQUIREMENTS.—Nothing in this section shall be construed to authorize the Secretary, 

Secretary of Education, the State, or any other governmental 

agency to alter requirements for existing programs for which coordination and alignment activities are recommended under 

this section, or to force programs to adhere to any recommendations developed through this program. The Secretary, Secretary 

of Education, State, or other governmental agency may only 

take an action described in the preceding sentence as otherwise 

authorized under Federal, State, or local law. 

(3) SECRETARY OF EDUCATION.—Nothing in this section 

shall be construed to authorize the Secretary of Education to 

have sole decision-making or regulatory authority in carrying 

out the program authorized under this section. 

(j) PLANNING AND TRANSITION.— 


smartinez on DSK4TPTVN1PROD with REPORTS
367 

(1) IN GENERAL.—The recipient of an award for a preschool 

development grant for development or expansion under such 

program as it existed on the day before the date of enactment 

of this Act may continue to receive funds in accordance with the 

terms of such existing award. 

(2) TRANSITION.—The Secretary, jointly with the Secretary 

of Education, shall take such steps as are necessary to ensure 

an orderly transition to, and implementation of, the program 

under this section from the preschool development grants for development or expansion program as such program was operating prior to the date of enactment of this Act, in accordance 

with subsection (k). 

(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary of Health and Human Services 

to carry out this section $250,000,000 for each of fiscal years 2017 

through 2020. 

SEC. 9213. REVIEW OF FEDERAL EARLY CHILDHOOD EDUCATION PROGRAMS. 

(a) IN GENERAL.—The Secretary of Health and Human Services, in consultation with the heads of all Federal agencies that administer Federal early childhood education programs, shall conduct 

an interdepartmental review of all early childhood education programs for children less than 6 years of age in order to— 

(1) develop a plan for the elimination of overlapping programs, as identified by the Government Accountability Office’s 

2012 annual report (GAO–12–342SP); 

(2) determine if the activities conducted by States using 

grant funds from preschool development grants under section 

9212 have led to better utilization of resources; and 

(3) make recommendations to Congress for streamlining all 

such programs. 

(b) REPORT AND UPDATES.—The Secretary of Health and 

Human Services, in consultation with the heads of all Federal agencies that administer Federal early childhood education programs, 

shall— 

(1) not later than 2 years after the date of enactment of this 

Act, prepare and submit 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 

a detailed report that— 

(A) outlines the efficiencies that can be achieved by, 

and specific recommendations for, eliminating overlap and 

fragmentation among all Federal early childhood education 

programs; 

(B) explains how the use by States of preschool development grant funds under section 9212 has led to the better 

utilization of resources; and 

(C) builds upon the review of Federal early learning 

and care programs required under section 13 of the Child 

Care and Development Block Grant Act of 2014 (Public 

Law 113–186; 128 Stat. 2002); and 

(2) annually prepare and submit to such Committees a detailed update of the report described in paragraph (1). 


smartinez on DSK4TPTVN1PROD with REPORTS
368 

SEC. 9214. USE OF THE TERM ‘‘HIGHLY QUALIFIED’’ IN OTHER LAWS. 

(a) REFERENCES.—Beginning on the date of enactment of this 

Act— 

(1) any reference in sections 420N, 428J, 428K, and 460 of 

the Higher Education Act of 1965 (20 U.S.C. 1070g–2, 1078–10, 

1078–11, and 1087j) to the term ‘‘highly qualified’’ as defined 

in section 9101 of the Elementary and Secondary Education Act 

of 1965 shall be treated as a reference to such term under such 

section 9101 as in effect on the day before the date of enactment 

of this Act; and 

(2) any reference in section 6112 of the America COMPETES Act (20 U.S.C. 9812), section 553 of the America COMPETES Reauthorization Act of 2010 (20 U.S.C. 9903), and section 9 of the National Science Foundation Authorization Act of 

2002 (42 U.S.C. 1862n), to ‘‘highly qualified’’, as defined in section 9101 of the Elementary and Secondary Education Act of 

1965, with respect to a teacher, means that the teacher meets 

applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification. 

(b) EDUCATION SCIENCES REFORM ACT OF 2002.—Section 

153(a)(1)(F)(ii) of the Education Sciences Reform Act of 2002 (20 

U.S.C. 9543(a)(1)(F)(ii)) is amended by striking ‘‘teachers who are 

highly qualified (as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))’’ 

and inserting ‘‘teachers who meet the applicable State certification 

and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with 

regard to special education teachers, the qualifications described in 

section 612(a)(14)(C) of the Individuals with Disabilities Education 

Act (20 U.S.C. 1412(a)(14)(C).’’. 

(c) HIGHER EDUCATION ACT OF 1965.—The Higher Education 

Act of 1965 (20 U.S.C. 1001 et seq.) is amended— 

(1) in section 200— 

(A) by striking paragraph (13); 

(B) in paragraph (17)(B)(ii), by striking ‘‘to become 

highly qualified’’ and inserting ‘‘who meets the applicable 

State certification and licensure requirements, including 

any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 

612(a)(14)(C) of the Individuals with Disabilities Education 

Act’’; and 

(C) in paragraph (22)(D)(i), by striking ‘‘becomes highly 

qualified’’ and inserting ‘‘, with respect to special education 

teachers, meets the qualifications described in section 

612(a)(14)(C) of the Individuals with Disabilities Education 

Act’’; 

(2) in section 201(3), by striking ‘‘highly qualified teachers’’ 

and inserting ‘‘teachers who meet the applicable State certification and licensure requirements, including any requirements 

for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals 

with Disabilities Education Act’’; 


smartinez on DSK4TPTVN1PROD with REPORTS
369 

(3) in section 202— 

(A) in subsection (b)(6)(H), by striking ‘‘highly qualified 

teachers’’ and inserting ‘‘teachers who meet the applicable 

State certification and licensure requirements, including 

any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 

612(a)(14)(C) of the Individuals with Disabilities Education 

Act,’’; 

(B) subsection (d)— 

(i) in paragraph (1)— 

(I) in subparagraph (A)(i)(I), by striking ‘‘be 

highly qualified (including teachers in rural school 

districts who may teach multiple subjects, special 

educators, and teachers of students who are limited English proficient who may teach multiple 

subjects)’’ and inserting ‘‘meet the applicable State 

certification and licensure requirements, including 

any requirements for certification obtained through 

alternative routes to certification, or, with regard 

to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals 

with Disabilities Education Act (including teachers 

in rural school districts, special educators, and 

teachers of students who are limited English proficient)’’; and 

(II) in subparagraph (B)(iii), by striking ‘‘become highly qualified, which may include training 

in multiple subjects to teach multiple grade levels 

as may be needed for individuals preparing to 

teach in rural communities and for individuals 

preparing to teach students with disabilities as described in section 602(10)(D) of the Individuals 

with Disabilities Education Act’’ and inserting 

‘‘meet the applicable State certification and licensure requirements, including any requirements for 

certification obtained through alternative routes to 

certification, or, with regard to special education 

teachers, the qualifications described in section 

612(a)(14)(C) of the Individuals with Disabilities 

Education Act, which may include training in 

multiple subjects to teach multiple grade levels as 

may be needed for individuals preparing to teach 

in rural communities and for individuals preparing to teach students with disabilities’’; and 

(ii) in paragraph (5), by striking ‘‘become highly 

qualified teachers’’ and inserting ‘‘become teachers who 

meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, 

the qualifications described in section 612(a)(14)(C) of 

the Individuals with Disabilities Education Act’’; and 

(C) in subsection (e)(2)(C)(iii), by striking subclause 

(IV) and inserting the following: 


smartinez on DSK4TPTVN1PROD with REPORTS
370 

‘‘(IV) meet the applicable State certification 

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

routes to certification, or, with regard to special 

education teachers, the qualifications described in 

section 612(a)(14)(C) of the Individuals with Disabilities Education Act, when the applicant begins 

to fulfill the service obligation under this clause; 

and’’; 

(4) in section 204, by striking ‘‘highly qualified teachers’’ 

each place it appears and inserting ‘‘teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 

612(a)(14)(C) of the Individuals with Disabilities Education Act 

(20 U.S.C. 1412(a)(14)(C)),’’; 

(5) in section 205(b)(1)(I), by striking ‘‘highly qualified 

teachers’’ and inserting ‘‘teachers who meet the applicable State 

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

certification, or, with regard to special education teachers, the 

qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act’’; 

(6) in section 207(a)(1), by striking ‘‘highly qualified teachers’’ and inserting ‘‘teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to 

certification, or, with regard to special education teachers, the 

qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act,’’; 

(7) in section 208(b)— 

(A) , by striking ‘‘are highly qualified, as required 

under section 1119 of the Elementary and Secondary Education Act of 1965,’’ and inserting ‘‘meet the applicable 

State certification and licensure requirements, including 

any requirements for certification obtained through alternative routes to certification,’’; and 

(B) by striking ‘‘is highly qualified by the deadline, as 

required under section 612(a)(14)(C) of the Individuals 

with Disabilities Education Act’’ and inserting ‘‘meets the 

qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act’’; 

(8) in section 242(b)— 

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

‘‘are highly qualified’’ and inserting ‘‘meet the applicable 

State certification and licensure requirements, including 

any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 

612(a)(14)(C) of the Individuals with Disabilities Education 

Act,’’; 

(B) in paragraph (1), by striking ‘‘are highly qualified,’’ 

and inserting ‘‘meet the applicable State certification and 

licensure requirements, including any requirements for cerVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00374 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
371 

tification obtained through alternative routes to certification, or, with regard to special education teachers, the 

qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act,’’; and 

(C) in paragraph (3), by striking ‘‘highly qualified 

teachers and principals’’ and inserting ‘‘teachers who meet 

the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with 

regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, and highly qualified principals’’; 

(9) in section 251(b)(1)(A)(iii), by striking ‘‘are highly qualified’’ and inserting ‘‘meet the applicable State certification and 

licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, 

with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act’’; 

(10) in section 255(k)— 

(A) by striking paragraph (1) and inserting the following: 

‘‘(1) meets the applicable State certification and licensure 

requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described 

in section 612(a)(14)(C) of the Individuals with Disabilities 

Education Act;’’; and 

(B) in paragraph (3), by striking ‘‘teacher who meets 

the requirements of section 9101(23) of such Act’’ and inserting ‘‘teacher who meets the applicable State certification 

and licensure requirements, including any requirements for 

certification obtained through alternative routes to certification, or, with regard to special education teachers, the 

qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act’’; 

(11) in section 258(d)(1)— 

(A) by striking ‘‘highly qualified’’; and 

(B) by inserting ‘‘, who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes 

to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of 

the Individuals with Disabilities Education Act’’ before the 

period at the end; and 

(12) section 806— 

(A) in subsection (a), by striking paragraph (2); and 

(B) in subsection (c)(1), by striking ‘‘highly qualified 

teachers’’ and inserting ‘‘teachers who meet the applicable 

State certification and licensure requirements, including 

any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 

612(a)(14)(C) of the Individuals with Disabilities Education 

Act,’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
372 

(d) INDIVIDUALS WITH DISABILITIES EDUCATION ACT.—The Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) 

is amended— 

(1) in section 602, by striking paragraph (10); 

(2) in section 612(a)(14)— 

(A) in subparagraph (C), by striking ‘‘secondary school 

is highly qualified by the deadline established in section 

1119(a)(2) of the Elementary and Secondary Education Act 

of 1965’’ and inserting ‘‘secondary school— 

‘‘(i) has obtained full State certification as a special education teacher (including participating in an 

alternate route to certification as a special educator, if 

such alternate route meets minimum requirements described in section 2005.56(a)(2)(ii) of title 34, Code of 

Federal Regulations, as such section was in effect on 

November 28, 2008), or passed the State special education teacher licensing examination, and holds a license to teach in the State as a special education teacher, except with respect to any teacher teaching in a public charter school who shall meet the requirements set 

forth in the State’s public charter school law; 

‘‘(ii) has not had special education certification or 

licensure requirements waived on an emergency, temporary, or provisional basis; and 

‘‘(iii) holds at least a bachelor’s degree.’’; 

(B) in subparagraph (D), by striking ‘‘highly qualified 

personnel’’ and inserting ‘‘personnel who meet the applicable requirements described in this paragraph’’; and 

(C) in subparagraph (E), by striking ‘‘staff person to be 

highly qualified’’ and inserting ‘‘staff person to meet the applicable requirements described in this paragraph’’; 

(3) in section 653(b)— 

(A) in paragraph (7), by striking ‘‘highly qualified 

teachers’’ and inserting ‘‘teachers who meet the qualifications described in section 612(a)(14)(C)’’; and 

(B) in paragraph (8), by striking ‘‘teachers who are not 

highly qualified’’ and inserting ‘‘teachers who do not meet 

the qualifications described in section 612(a)(14)(C)’’; and 

(4) in section 654— 

(A) in subsection (a)(4), in the matter preceding subparagraph (A), by striking ‘‘highly qualified special education teachers, particularly initiatives that have been proven effective in recruiting and retaining highly qualified 

teachers’’ and inserting ‘‘special education teachers who 

meet the qualifications described in section 612(a)(14)(C), 

particularly initiatives that have been proven effective in recruiting and retaining teachers’’; and 

(B) in subsection (b)— 

(i) in paragraph (2), by striking ‘‘certification of 

special education teachers for highly qualified individuals with a baccalaureate or master’s degree’’ and inserting ‘‘certification of special education teachers for 

individuals with a baccalaureate or master’s degree 

who meet the qualifications described in section 

612(a)(14)(C)’’; and 


smartinez on DSK4TPTVN1PROD with REPORTS
373 

(ii) in paragraph (4), by striking ‘‘highly qualified 

special education teachers’’ and inserting ‘‘special education teachers who meet the qualifications described 

in section 612(a)(14)(C)’’; and 

(C) in section 662— 

(i) in subsection (a)— 

(I) in paragraph (1), by striking ‘‘highly qualified personnel, as defined in section 651(b)’’ and 

inserting ‘‘personnel, as defined in section 651(b), 

who meet the applicable requirements described in 

section 612(a)(14)’’; and 

(II) in paragraph (5), by striking ‘‘special education teachers are highly qualified’’ and inserting 

‘‘special education teachers meet the qualifications 

described in section 612(a)(14)(C)’’; 

(ii) in subsection (b)(2)(B), by striking ‘‘highly 

qualified teachers’’ and inserting ‘‘special education 

teachers who meet the qualifications described in section 612(a)(14)(C)’’; and 

(iii) in subsection (c)(4)(B), by striking ‘‘highly 

qualified personnel’’ and inserting ‘‘personnel who meet 

the applicable requirements described in section 

612(a)(14)’’. 

(e) INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT

ACT OF 2004.—Section 302(a) of the Individuals with Disabilities 

Education Improvement Act of 2004 (20 U.S.C. 1400 note) is 

amended— 

(1) by striking ‘‘PART D.—’’ through ‘‘parts A’’ and inserting 

‘‘PART D.—Parts A’’ ; and 

(2) by striking paragraph (2). 

SEC. 9215. ADDITIONAL CONFORMING AMENDMENTS TO OTHER LAWS. 

(a) ACT OF APRIL 16, 1934 (POPULARLY KNOWN AS THE JOHNSON-O’MALLEY ACT).—Section 5(a) of the Act of April 16, 1934 (popularly known as the Johnson-O’Malley Act) (25 U.S.C. 456(a)) is 

amended by striking ‘‘section 7114(c)(4) of the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 6114(c)(4) of 

the Elementary and Secondary Education Act of 1965’’. 

(b) ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF

2006.—Section 153(h) of the Adam Walsh Child Protection and 

Safety Act of 2006 (42 U.S.C. 16962(h)) is amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary and 

Secondary Education Act of 1965’’. 

(c) ADULT EDUCATION AND LITERACY ACT.—Paragraph (8) of 

section 203 of the Adult Education and Literacy Act (29 U.S.C. 

3272) is amended to read as follows: 

‘‘(8) ESSENTIAL COMPONENTS OF READING INSTRUCTION.— 

The term ‘essential components of reading instruction’ means 

explicit and systematic instruction in— 

‘‘(A) phonemic awareness; 

‘‘(B) phonics; 

‘‘(C) vocabulary development; 

‘‘(D) reading fluency, including oral reading skills; and 

‘‘(E) reading comprehension strategies.’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
374 

(d) AGE DISCRIMINATION ACT OF 1975.—Section 309(4)(B)(ii) of 

the Age Discrimination Act of 1975 (42 U.S.C. 6107(4)(B)(ii)) is 

amended by striking ‘‘section 9101 of the Elementary and Secondary 

Education Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(e) AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.—Section 4(l)(1)(B)(i)(I) of the Age Discrimination in Employment Act of 

1967 (29 U.S.C. 623(l)(1)(B)(i)(I)) is amended by striking ‘‘section 

9101 of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary and 

Secondary Education Act of 1965)’’. 

(f) AGRICULTURAL ACT OF 2014.—Section 7606(a) of the Agricultural Act of 2014 (7 U.S.C. 5940(a)) is amended by striking ‘‘the 

Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 

et seq.),’’. 

(g) AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION REFORM ACT OF 1998.—Section 413(b)(4) of the Agricultural Research, 

Extension, and Education Reform Act of 1998 (7 U.S.C. 7633(b)(4)) 

is amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965)’’. 

(h) ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP

ACT OF 1994.—Each of paragraphs (1), (2), and (3) of section 514 

of the Albert Einstein Distinguished Educator Fellowship Act of 

1994 (42 U.S.C. 7838b) are amended by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and inserting 

‘‘section 8101 of the Elementary and Secondary Education Act of 

1965’’. 

(i) AMERICA COMPETES ACT.—The America COMPETES Act 

(Public Law 110–69) is amended as follows: 

(1) Section 6002(a) (20 U.S.C. 9802(a)) is amended by striking ‘‘section 9101 of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7801).’’ and inserting ‘‘section 8101 of 

the Elementary and Secondary Education Act of 1965.’’. 

(2) Section 6122 (20 U.S.C. 9832) is amended— 

(A) in paragraph (3), by striking ‘‘The term ‘low-income 

student’ has the meaning given the term ‘low-income individual’ in section 1707(3) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6537(3)).’’ and inserting 

‘‘The term ‘low-income student’ means an individual who is 

determined by a State educational agency or local educational agency to be a child ages 5 through 19, from a 

low-income family, on the basis of data used by the Secretary to determine allocations under section 1124 of the 

Elementary and Secondary Education Act of 1965, data on 

children eligible for free or reduced-price lunches under the 

Richard B. Russell National School Lunch Act, data on 

children in families receiving assistance under part A of 

title IV of the Social Security Act, or data on children eligible to receive medical assistance under the Medicaid program under title XIX of the Social Security Act, or through 

an alternate method that combines or extrapolates from 

those data.’’; and 

(B) in paragraph (4), by striking ‘‘The term ‘high concentration of low-income students’ has the meaning given 


smartinez on DSK4TPTVN1PROD with REPORTS
375 

the term in section 1707(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537(2)).’’ and inserting ‘‘The term ‘high concentration of low-income students’, used with respect to a school, means a school that 

serves a student population 40 percent or more of who are 

low-income students.’’. 

(3) Section 6123 (20 U.S.C. 9833) is amended— 

(A) in subsection (c), by striking ‘‘the activities carried 

out under section 1705 of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6535).’’ and inserting the 

following: ‘‘any activities carried out under section 4104 or 

4107 of the Elementary and Secondary Education Act of 

1965 that provide students access to accelerated learning 

programs that provide— 

‘‘(1) postsecondary level courses accepted for credit at institutions of higher education, including dual or concurrent enrollment programs, and early college high schools; or 

‘‘(2) postsecondary level instruction and examinations that 

are accepted for credit at institutions of higher education, including Advanced Placement and International Baccalaureate 

programs.’’; and 

(B) in subsection (j)(2)(B), by striking ‘‘section 

1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i))’’ and inserting ‘‘section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6311(b)(2)(B)(xi))’’. 

(4) Section 6401(e)(2)(D)(ii)(I) (20 U.S.C. 

9871(e)(2)(D)(ii)(I)) is amended by striking ‘‘yearly test records 

of individual students with respect to assessments under section 

1111(b) of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6311(b))’’ and inserting ‘‘yearly test records of 

individual students with respect to assessments under section 

1111(b)(2) of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6311(b)(2))’’. 

(5) Section 7001 (42 U.S.C. 1862o note) is amended— 

(A) in paragraph (4), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; and 

(B) in paragraph (7), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(j) AMERICAN HISTORY AND CIVICS EDUCATION ACT OF 2004.— 

Section 2(d) of the American History and Civics Education Act of 

2004 (20 U.S.C. 6713 note) is amended by striking ‘‘to carry out 

part D of title V of the Elementary and Secondary Education Act 

of 1965’’ and inserting ‘‘to carry out section 2232 of the Elementary 

and Secondary Education Act of 1965’’. 

(k) ANTI-DRUG ABUSE ACT OF 1988.—Section 3521(d)(8)(A) of 

the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11841(d)(8)(A)) is 

amended by striking ‘‘education and instruction consistent with title 

IV of the Elementary and Secondary Education Act of 1965’’ and inVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00379 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
376 

serting ‘‘education and instruction consistent with part A of title IV 

of the Elementary and Secondary Education Act of 1965’’. 

(l) ASSETS FOR INDEPENDENCE ACT.—Section 404(11) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking ‘‘section 7207 of the Native Hawaiian Education Act’’ and inserting ‘‘section 6207 of the Native Hawaiian Education Act’’. 

(m) ASSISTIVE TECHNOLOGY ACT OF 1998.—Section 

4(c)(2)(B)(i)(V) of the Assistive Technology Act of 1998 (29 U.S.C. 

3003(c)(2)(B)(i)(V)) is amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)’’ 

and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(n) CARL D. PERKINS CAREER AND TECHNICAL EDUCATION ACT

OF 2006.—The Carl D. Perkins Career and Technical Education Act 

of 2006 (20 U.S.C. 2301 et seq.) is amended as follows: 

(1) Section 3 (20 U.S.C. 2302) is amended— 

(A) in paragraph (8), by striking ‘‘section 5210 of the 

Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 4310 of the Elementary and Secondary 

Education Act of 1965’’; 

(B) in paragraph (11), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; 

(C) in paragraph (19), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; and 

(D) in paragraph (27), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’. 

(2) Section 8(e) (20 U.S.C. 2306a(e)) is amended by striking 

‘‘section 1111(b)(1)(D) of the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 1111(b)(1) of the Elementary and Secondary Education Act of 1965’’. 

(3) Section 113(b) (20 U.S.C. 2323(b)) is amended— 

(A) in paragraph (2)(A)— 

(i) by striking clause (i) and inserting the following: 

‘‘(i) Student attainment of the challenging State 

academic standards, as adopted by a State in accordance with section 1111(b)(1) of the Elementary and 

Secondary Education Act of 1965 and measured by the 

State determined levels of achievement on the academic 

assessments described in section 1111(b)(2) of such 

Act.’’; and 

(ii) in clause (iv), by striking ‘‘(as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary 

Education Act of 1965)’’ and inserting ‘‘(as described in 

section 1111(c)(4)(A)(i)(I)(bb) of the Elementary and 

Secondary Education Act of 1965)’’; and 

(B) in paragraph (4)(C)(ii)(I), by striking ‘‘categories’’ 

and inserting ‘‘subgroups’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
377 

(4) Section 114(d)(4)(A)(iii)(I)(aa) (20 U.S.C. 

2324(d)(4)(A)(iii)(I)(aa)) is amended by striking ‘‘integrating 

those programs with academic content standards and student 

academic achievement standards, as adopted by States under 

section 1111(b)(1) of the Elementary and Secondary Education 

Act of 1965;’’ and inserting the following: ‘‘integrating those programs with challenging State academic standards, as adopted 

by States under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965;’’. 

(5) Section 116(a)(5) (20 U.S.C. 2326(a)(5)) is amended by 

striking ‘‘section 7207 of the Native Hawaiian Education Act 

(20 U.S.C. 7517)’’ and inserting ‘‘section 6207 of the Native Hawaiian Education Act’’. 

(6) Section 122(c)(20 U.S.C. 2342(c)) is amended— 

(A) in paragraph (1)(I)(i), by striking ‘‘aligned with rigorous and challenging academic content standards and student academic achievement standards adopted by the State 

under section 1111(b)(1) of the Elementary and Secondary 

Education Act of 1965’’ and inserting ‘‘aligned with challenging State academic standards adopted by the State 

under section 1111(b)(1) of the Elementary and Secondary 

Education Act of 1965’’; and 

(B) in paragraph (7)(A)(i), by striking ‘‘the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)’’ and inserting 

‘‘a well-rounded education (as defined in section 8101 of the 

Elementary and Secondary Education Act of 1965)’’. 

(7) Section 124(b)(4)(A) (20 U.S.C. 2344(b)(4)(A)) is amended in paragraph (4)(A), by striking ‘‘the core academic subjects 

(as defined in section 9101 of the Elementary and Secondary 

Education Act of 1965)’’ and inserting ‘‘a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)’’. 

(8) Section 134(b)(3) (20 U.S.C. 2354(b)(3)) is amended— 

(A) in subparagraph (B)(i), by striking ‘‘the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)’’ and inserting 

‘‘a well-rounded education (as defined in section 8101 of the 

Elementary and Secondary Education Act of 1965)’’; and 

(B) in subparagraph (E), by striking ‘‘in core academic 

subjects (as defined in section 9101 of the Elementary and 

Secondary Education Act of 1965)’’ and inserting ‘‘in order 

to provide a well-rounded education (as defined in section 

8101 of the Elementary and Secondary Education Act of 

1965)’’. 

(9) Section 135(b)(1)(A) (20 U.S.C. 2355(b)(1)(A)) is amended by striking ‘‘the core academic subjects (as defined in section 

9101 of the Elementary and Secondary Education Act of 1965)’’ 

and inserting ‘‘a well-rounded education (as defined in section 

8101 of the Elementary and Secondary Education Act of 1965)’’. 

(10) Section 203(c)(2)(D) (20 U.S.C. 2373(c)(2)(D)) is 

amended by striking ‘‘in core academic subjects (as defined in 

section 9101 of the Elementary and Secondary Education Act of 

1965)’’ and inserting ‘‘as part of a well-rounded education (as 


smartinez on DSK4TPTVN1PROD with REPORTS
378 

defined in section 8101 of the Elementary and Secondary Education Act of 1965)’’. 

(o) CHILD ABUSE PREVENTION AND TREATMENT ACT.—Section 

111(3) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 

5106g(3)) is amended by striking ‘‘section 7207 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 7517);’’ and inserting ‘‘section 6207 of the Elementary and Secondary Education Act 

of 1965;’’. 

(p) CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF

1990.—The Child Care and Development Block Grant Act of 1990 

(42 U.S.C. 9858 et seq.) is amended as follows: 

(1) Section 658E(c)(2)(G)(ii)(V)(dd) (42 U.S.C. 

9858c(c)(2)(G)(ii)(V)(dd)) is amended by striking ‘‘(as defined in 

section 7207 of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 7517))’’ and inserting ‘‘(as defined in section 

6207 of the Elementary and Secondary Education Act of 1965)’’. 

(2) Section 658P(5) (42 U.S.C. 9858n(5)) is amended by 

striking ‘‘an individual who is limited English proficient, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) or section 637 of the Head 

Start Act (42 U.S.C. 9832)’’ and inserting ‘‘an individual who 

is an English learner, as defined in section 8101 of the Elementary and Secondary Education Act of 1965, or who is limited 

English proficient, as defined in section 637 of the Head Start 

Act (42 U.S.C. 9832)’’. 

(q) CHILDREN’S INTERNET PROTECTION ACT.—Section 1721(g) of 

the Children’s Internet Protection Act (20 U.S.C. 9134 note; 114 

Stat. 2763A-350), as enacted into law by section 1(a)(4) of the Consolidated Appropriations Act, 2001 (Public Law 106–554; 114 Stat. 

2763), is amended by striking ‘‘Notwithstanding any other provision 

of law, funds available under section 3134 or part A of title VI of 

the Elementary and Secondary Education Act of 1965, or under section 231 of the Library Services and Technology Act, may be used 

for the purchase or acquisition of technology protection measures 

that are necessary to meet the requirements of this title and the 

amendments made by this title.’’ and inserting ‘‘Notwithstanding 

any other provision of law, funds available under part B of title I 

of the Elementary and Secondary Education Act of 1965, or under 

section 231 of the Library Services and Technology Act, may be used 

for the purchase or acquisition of technology protection measures 

that are necessary to meet the requirements of this title and the 

amendments made by this title.’’. 

(r) CIVIL RIGHTS ACT OF 1964.—Section 606(2)(B) of the Civil 

Rights Act of 1964 (42 U.S.C. 2000d–4a(2)(B)) is amended by striking ‘‘a local educational agency (as defined in section 9101 of the 

Elementary and Secondary Education Act of 1965),’’ and inserting 

‘‘a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965),’’. 

(s) COMMUNICATIONS ACT OF 1934.—Section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) is amended— 

(1) in paragraph (5)(A)(iii), by striking ‘‘an elementary or 

secondary school as defined in section 14101 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 8801)’’ and inserting ‘‘an elementary school or a secondary school as defined 


smartinez on DSK4TPTVN1PROD with REPORTS
379 

in section 8101 of the Elementary and Secondary Education Act 

of 1965’’; and 

(2) in paragraph (7)(A), by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965’’ and inserting 

‘‘section 8101 of the Elementary and Secondary Education Act 

of 1965’’. 

(t) COMMUNITY SERVICES BLOCK GRANT ACT.—Section 682(b)(4) 

of the Community Services Block Grant Act (42 U.S.C. 9923(b)(4)) 

is amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965)’’ and inserting ‘‘section 8101 of the 

Elementary and Secondary Education Act of 1965)’’. 

(u) CONGRESSIONAL AWARD ACT.—Section 203(3)(A) of the Congressional Award Act (2 U.S.C. 812(3)(A)) is amended by striking 

‘‘section 14101 of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 8801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(v) DEPARTMENT OF EDUCATION ORGANIZATION ACT.—Section 

215(b)(2)(A) of the Department of Education Organization Act (20 

U.S.C. 3423c) is amended by striking ‘‘be responsible for administering this title’’ and inserting ‘‘be responsible for administering 

part A of title VI of the Elementary and Secondary Education Act 

of 1965’’. 

(w) DEPARTMENT OF ENERGY SCIENCE EDUCATION ENHANCE- MENT ACT.—Section 3181(a)(1) of the Department of Energy Science 

Education Enhancement Act (42 U.S.C. 7381l(a)(1)) is amended by 

striking ‘‘with a high concentration of low-income individuals (as 

defined in section 1707 of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6537))’’ and inserting ‘‘in which 40 percent 

or more of the students attending the school are children from lowincome families’’. 

(x) DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES

APPROPRIATIONS ACT, 2001.—Section 303 of the Department of 

Transportation and Related Agencies Appropriations Act, 2001, (49 

U.S.C. 106 note; 114 Stat. 1356A-23), as enacted into law by section 

101(a) of the Act entitled ‘‘An Act making appropriations for the Department of Transportation and related agencies for the fiscal year 

ending September, 30, 2001, and for other purposes’’, approved October 23, 2000 (Public Law 106-346; 114 Stat. 1356), is amended by 

striking ‘‘except as otherwise authorized by title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.), 

for expenses of primary and secondary schooling for dependents of 

Federal Aviation Administration personnel stationed outside the 

continental United States at costs for any given area not in excess 

of those of the Department of Defense for the same area, when it is 

determined by the Secretary that the schools, if any, available in the 

locality are unable to provide adequately for the education of such 

dependents;’’ and inserting ‘‘except as otherwise authorized by title 

VII of the Elementary and Secondary Education Act of 1965, for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of 

those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the 

locality are unable to provide adequately for the education of such 

dependents;’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
380 

(y) DISTRICT OF COLUMBIA COLLEGE ACCESS ACT OF 1999.— 

Section 3(c)(5) of the District of Columbia College Access Act of 1999 

(sec. 38-2702(c)(5), D.C. Official Code) is amended by striking ‘‘section 14101 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 8801)’’ and inserting ‘‘section 8101 of the Elementary and 

Secondary Education Act of 1965’’. 

(z) DISTRICT OF COLUMBIA SCHOOL REFORM ACT OF 1995.—Section 2210(a) of the District of Columbia School Reform Act of 1995 

(sec. 38–1802.10(a), D.C. Official Code) is amended by striking 

paragraph (6) and inserting the following: 

‘‘(6) INAPPLICABILITY OF CERTAIN ESEA PROVISIONS.—The 

following provisions of the Elementary and Secondary Education Act of 1965 shall not apply to a public charter school: 

‘‘(A) Paragraph (4) of section 1112(b) and paragraph 

(1) of section 1112(c). 

‘‘(B) Section 1113. 

‘‘(C) Subsections (d) and (e) of section 1116. 

‘‘(D) Section 1117. 

‘‘(E) Subsections (c) and (e) of section 1118.’’. 

(aa) EARTHQUAKE HAZARDS.—Section 2(c)(1)(A) of the Act entitled ‘‘An Act to authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and 

1999, and for other purposes’’, approved October 1, 1997 (42 U.S.C. 

7704 note) is amended by striking ‘‘section 9101 of the Elementary 

and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 

of the Elementary and Secondary Education Act of 1965’’. 

(bb) EDUCATION AMENDMENTS OF 1972.—Section 908(2)(B) of 

the Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is 

amended by striking ‘‘9101 of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school 

system;’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965), system of vocational education, or 

other school system;’’. 

(cc) EDUCATION AMENDMENTS OF 1978.—Part B of title XI of 

the Education Amendments of 1978 (25 U.S.C. 2000 et seq.) is 

amended as follows: 

(1) Section 1139(e) (25 U.S.C. 2019(e)) is amended by striking ‘‘part B of title I of the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘subpart 2 of part B of title 

II of the Elementary and Secondary Education Act of 1965’’. 

(2) Section 1141(9) (25 U.S.C. 2021(9)) is amended by striking ‘‘the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 8801)’’ and inserting ‘‘the Elementary and Secondary 

Education Act of 1965’’. 

(dd) EDUCATION FOR ECONOMIC SECURITY ACT.—The Education for Economic Security Act (20 U.S.C. 3901 et seq.) is amended as follows: 

(1) Section 3 (20 U.S.C. 3902) is amended— 

(A) in paragraph (3), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965.’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965.’’; 

(B) in paragraph (7), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and inVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00384 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
381 

serting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; 

(C) in paragraph (8), by striking ‘‘section 198(a)(7) of 

the Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; and 

(D) in paragraph (12), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965.’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965.’’. 

(2) Section 511 (20 U.S.C. 4020) is amended— 

(A) by striking subparagraph (A) of paragraph (4) and 

inserting the following: 

‘‘(A) any local educational agency as defined in section 

8101 of the Elementary and Secondary Education Act of 

1965; and’’; and 

(B) by striking subparagraph (A) of paragraph (5) and 

inserting the following: 

‘‘(A) any elementary school or secondary school as defined in section 8101 of the Elementary and Secondary 

Education Act of 1965 owned and operated by one or more 

nonprofit corporations or associations no part of the net 

earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and’’. 

(ee) EDUCATION OF THE DEAF ACT OF 1986.—Section 104(b)(5) 

of the Education of the Deaf Act of 1986 (20 U.S.C. 4304(b)(5)) is 

amended— 

(1) in subparagraph (A)— 

(A) in clause (i), by striking ‘‘select challenging academic content standards, challenging student academic 

achievement standards, and academic assessments of a 

State, adopted and implemented, as appropriate, pursuant 

to paragraphs (1) and (3) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6311(b)(1) and (3))’’ and inserting ‘‘select challenging State 

academic content standards, aligned academic achievement 

standards, and State academic assessments of a State, 

adopted and implemented, as appropriate, pursuant to 

paragraphs (1) and (2) of section 1111(b) of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1) 

and (2))’’; and 

(B) in clause (ii), by striking ‘‘2009–2010 academic 

year’’ and inserting ‘‘2016–2017 academic year’’; 

(2) by striking subparagraph (B) and inserting the following: 

‘‘(B) adopt the accountability system, consistent with 

section 1111(c) of such Act, of the State from which standards and assessments are selected under subparagraph 

(A)(i); and’’; and 

(3) in subparagraph (C), by striking ‘‘whether the programs 

at the Clerc Center are making adequate yearly progress’’ and 

inserting ‘‘the results of the annual evaluation of the programs 

at the Clerc Center’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
382 

(ff) EDUCATION SCIENCES REFORM ACT OF 2002.—The Education Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.) is 

amended as follows: 

(1) Paragraph (1) of section 102 (20 U.S.C. 9501) is amended to read as follows: 

‘‘(1)(A) IN GENERAL.—The terms ‘elementary school’, ‘secondary school’, ‘local educational agency’, and ‘State educational agency’ have the meanings given those terms in section 

8101 of the Elementary and Secondary Education Act of 1965. 

‘‘(B) OUTLYING AREAS.—The term ‘outlying areas’ has the 

meaning given such term in section 1121(c) of such Act. 

‘‘(C) FREELY ASSOCIATED STATES.—The term ‘freely associated states’ means the Republic of the Marshall Islands, the 

Federated States of Micronesia, and the Republic of Palau.’’. 

(2) Section 173(b) (20 U.S.C. 9563(b)) is amended by striking ‘‘part E of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491 et seq.)’’ and inserting ‘‘section 8601 of the Elementary and Secondary Education Act of 

1965’’. 

(gg) EDUCATIONAL TECHNICAL ASSISTANCE ACT OF 2002.—The 

Educational Technical Assistance Act of 2002 (20 U.S.C. 9601 et 

seq.) is amended as follows: 

(1) Section 202 (20 U.S.C. 9601) is amended by striking 

‘‘section 9101 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(2) Section 203 (20 U.S.C. 9602) is amended— 

(A) in subsection (a)(2)(B), by striking ‘‘the number of 

schools identified for school improvement (as described in 

section 1116(b) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6316(b))’’ and inserting ‘‘the number 

of schools implementing comprehensive support and improvement activities and targeted support and improvement 

activities under section 1111(d) of the Elementary and Secondary Education Act of 1965’’; 

(B) in subsection (e)(3), by striking ‘‘schools in the region that have been identified for school improvement 

under section 1116(b) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6316(b))’’ and inserting 

‘‘schools in the region that are implementing comprehensive 

support and improvement activities or targeted support and 

improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965’’; and 

(C) in subsection (f)(1)(B), by striking ‘‘and encouraging 

and sustaining school improvement (as described in section 

1116(b) of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6316(b)))’’ and inserting ‘‘, and particularly 

assisting those schools implementing comprehensive support and improvement and targeted support and improvement activities under section 1111(d) of the Elementary and 

Secondary Education Act of 1965,’’. 

(hh) FAMILY AND MEDICAL LEAVE ACT OF 1993.—Section 

108(a)(1)(A) of the Family and Medical Leave Act of 1993 (29 

U.S.C. 2618(a)(1)(A)) is amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965)’’ and inserting 


smartinez on DSK4TPTVN1PROD with REPORTS
383 

‘‘section 8101 of the Elementary and Secondary Education Act of 

1965)’’. 

(ii) FAMILY VIOLENCE PREVENTION AND SERVICES ACT.—Section 

302(6) of the Family Violence Prevention and Services Act (42 

U.S.C. 10402(6)) is amended by striking ‘‘section 7207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517).’’ 

and inserting ‘‘section 6207 of the Elementary and Secondary Education Act of 1965.’’. 

(jj) FDA FOOD SAFETY MODERNIZATION ACT.—Section 112(a)(2) 

of the FDA Food Safety Modernization Act (21 U.S.C. 2205(a)(2)) is 

amended by striking ‘‘section 9101 of the Elementary and Secondary 

Education Act of 1965 ( 20 U.S.C. 7801)’’ and inserting ‘‘section 

8101 of the Elementary and Secondary Education Act of 1965’’. 

(kk) FLOYD D. SPENCE NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2001.—Section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (20 U.S.C. 

7703a) is amended— 

(1) in subsection (a), by striking ‘‘subparagraph (A)(ii), (B), 

(D)(i) or (D)(ii) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1))’’ and inserting ‘‘subparagraph (A)(ii) or (B), or clause (i) or (ii) of subparagraph (D), of section 7003(a)(1)’’; and 

(2) in subsection (g), by striking ‘‘section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7713(9)).’’ and inserting ‘‘section 7013 of the Elementary and 

Secondary Education Act of 1965.’’. 

(ll) FOOD AND AGRICULTURE ACT OF 1977.—Section 

1417(j)(1)(B) of the Food and Agriculture Act of 1977 (7 U.S.C. 

3152(j)(1)(B)) is amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 

8101 of the Elementary and Secondary Education Act of 1965’’. 

(mm) GENERAL EDUCATION PROVISIONS ACT.—The General 

Education Provisions Act (20 U.S.C. 1221 et seq.) is amended as follows: 

(1) Section 425(6) (20 U.S.C. 1226c(6)) is amended by striking ‘‘section 9601 of the Elementary and Secondary Education 

Act of 1965’’ and inserting ‘‘section 8601 of the Elementary and 

Secondary Education Act of 1965’’. 

(2) Section 426 (20 U.S.C. 1228) is amended by striking 

‘‘title VIII of the Elementary and Secondary Education Act of 

1965, but not including any portion of such funds as are attributable to children counted under section 8003(d) of such Act or 

residing on property described in section 8013(10) of such Act.’’ 

and inserting ‘‘title VII of the Elementary and Secondary Education Act of 1965, but not including any portion of such funds 

as are attributable to children counted under section 7003(d) of 

such Act or residing on property described in section 7013(10) 

of such Act.’’. 

(3) Section 429(d)(2)(B)(i) (20 U.S.C. 1228c(d)(2)(B)(i)) is 

amended by striking ‘‘an elementary or secondary school as defined by the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘an elementary or secondary school (as defined by 

the terms ‘elementary school’ and ‘secondary school’ in section 

8101 of the Elementary and Secondary Education Act of 1965)’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
384 

(4) Section 441(a) (20 U.S.C. 1232d(a)) is amended by 

striking ‘‘part C of title V of the Elementary and Secondary 

Education Act of 1965) to the Secretary a general application’’ 

and inserting ‘‘part D of title IV of the Elementary and Secondary Education Act of 1965) to the Secretary a general application’’. 

(5) Section 445(c)(5)(D) (20 U.S.C. 1232h(c)(5)(D)) is 

amended by striking ‘‘part A of title V’’ and inserting ‘‘part A 

of title IV’’. 

(nn) HEAD START ACT.—The Head Start Act (42 U.S.C. 9831 et 

seq.) is amended as follows: 

(1) Section 637 (42 U.S.C. 9832) is amended— 

(A) in the paragraph relating to a delegate agency, by 

striking ‘‘section 9101 of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act 

of 1965’’; and 

(B) in subparagraph (A)(ii)(I) of the paragraph relating 

to limited English proficient, by striking ‘‘(as defined in section 9101 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7801)), an Alaska Native, or a native 

resident of an outlying area (as defined in such section 

9101);’’ and inserting ‘‘(as defined in section 8101 of the Elementary and Secondary Education Act of 1965), an Alaska 

Native, or a native resident of an outlying area (as defined 

in such section 8101);’’. 

(2) Section 641(d)(2) (42 U.S.C. 9836(d)(2)) is amended— 

(A) in subparagraph (H)— 

(i) by striking clause (i); 

(ii) by redesignating clauses (ii) through (vii) as 

clauses (i) through (vi), respectively; and 

(iii) in clause (i) (as so redesignated)— 

(I) by striking ‘‘other’’; and 

(II) by striking ‘‘that Act’’ and inserting ‘‘the 

Elementary and Secondary Education Act of 

1965’’; and 

(B) in subparagraph (J)(iii), by striking ‘‘, such as entities carrying out Even Start programs under subpart 3 of 

part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.)’’. 

(3) Section 642 (42 U.S.C. 9837) is amended— 

(A) in subsection (b)(4), by striking ‘‘, such as entities 

carrying out Even Start programs under subpart 3 of part 

B of title I of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 6381 et seq.)’’; and 

(B) in subsection (e)(3), by striking ‘‘Even Start programs under subpart 3 of part B of title I of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6381 et 

seq.),’’. 

(4) Section 642A(a) (42 U.S.C. 9837a(a)) is amended— 

(A) in paragraph (7)(B), by striking ‘‘the information 

provided to parents of limited English proficient children 

under section 3302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7012)’’ and inserting ‘‘the information provided to parents of English learners under 


smartinez on DSK4TPTVN1PROD with REPORTS
385 

section 1112(e)(3) of the Elementary and Secondary Education Act of the 1965’’; and 

(B) in paragraph (8), by striking ‘‘parental involvement 

efforts under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)’’ and inserting 

‘‘parent and family engagement efforts under title I of the 

Elementary and Secondary Education Act of 1965’’. 

(5) Section 648(a)(3)(A)(iii) (42 U.S.C. 9843(a)(3)(A)(iii)) is 

amended by striking ‘‘, and for activities described in section 

1222(d) of the Elementary and Secondary Education Act of 

1965),’’. 

(6) Section 657B(c)(1)(B)(vi) (42 U.S.C. 9852b(c)(1)(B)(vi)) is 

amended— 

(A) by striking subclause (III); 

(B) by redesignating subclauses (IV) through (VII) as 

subclauses (III) through (VI), respectively; and 

(C) in subclause (III) (as so redesignated)— 

(i) by striking ‘‘other’’; and 

(ii) by striking ‘‘that Act’’ and inserting ‘‘the Elementary and Secondary Education Act of 1965’’. 

(oo) HIGHER EDUCATION ACT OF 1965.—The Higher Education 

Act of 1965 (20 U.S.C. 1001 et seq.) is amended as follows: 

(1) Section 103 (20 U.S.C. 1003) is amended— 

(A) in paragraph (9), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; 

(B) in paragraph (10), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; 

(C) in paragraph (11), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; 

(D) in paragraph (16), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; and 

(E) in paragraph (21), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’. 

(2) Section 200 (20 U.S.C. 1021) is amended— 

(A) in paragraph (3), by striking ‘‘The term ‘core academic subjects’ has the meaning given the term in section 

9101 of the Elementary and Secondary Education Act of 

1965’’ and inserting ‘‘The term ‘core academic subjects’ 

means English, reading or language arts, mathematics, 

science, foreign languages, civics and government, economics, arts, history, and geography’’; 

(B) in paragraph (5), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; 


smartinez on DSK4TPTVN1PROD with REPORTS
386 

(C) in paragraph (6)(B), by striking ‘‘section 5210 of the 

Elementary and Secondary Education Act of 1965)’’ and inserting ‘‘section 4310 of the Elementary and Secondary 

Education Act of 1965)’’; 

(D) by striking paragraph (7) and inserting the following: 

‘‘(7) ESSENTIAL COMPONENTS OF READING INSTRUCTION.— The term ‘essential components of reading instruction’ has the 

meaning given the term in section 1208 of the Elementary and 

Secondary Education Act of 1965 as such section was in effect 

on the day before the date of enactment of the Every Student 

Succeeds Act.’’; 

(E) by striking paragraph (8) and inserting the following: 

‘‘(8) EXEMPLARY TEACHER.—The term ‘exemplary teacher’ 

has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 as such section was 

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

Student Succeeds Act.’’; 

(F) in paragraph (10)(A)— 

(i) in clause (iii), by striking ‘‘section 6211(b) of the 

Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘section 5211(b) of the Elementary and Secondary Education Act of 1965’’; and 

(ii) in clause (iv), by striking ‘‘section 6221(b) of the 

Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘section 5221(b) of the Elementary and Secondary Education Act of 1965’’; 

(G) in paragraph (15), by striking ‘‘The term ‘limited 

English proficient’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act 

of 1965.’’ and inserting ‘‘The term ‘limited English proficient’ has the meaning given the term ‘English learner’ in 

section 8101 of the Elementary and Secondary Education 

Act of 1965.’’; 

(H) in paragraph (16), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; and 

(I) in paragraph (19), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965.’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965.’’. 

(3) Section 202 (20 U.S.C. 1022a) is amended in subsection 

(b)(6)(E)(ii), by striking ‘‘student academic achievement standards and academic content standards under section 1111(b)(1) 

of the Elementary and Secondary Education Act of 1965,’’ and 

inserting ‘‘challenging State academic standards under section 

1111(b)(1) of the Elementary and Secondary Education Act of 

1965,’’. 

(4) Section 205(b)(1)(C) (20 U.S.C. 1022d(b)(1)(C)) is 

amended by striking ‘‘are aligned with the State’s challenging 

academic content standards required under section 1111(b)(1) 

of the Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘are aligned with the challenging State academic 


smartinez on DSK4TPTVN1PROD with REPORTS
387 

standards required under section 1111(b)(1) of the Elementary 

and Secondary Education Act of 1965’’. 

(5) Section 241 (20 U.S.C. 1033)) is amended by striking 

paragraph (2) and inserting the following: 

‘‘(2) SCIENTIFICALLY BASED READING RESEARCH.—The term 

‘scientifically based reading research’— 

‘‘(A) means research that applies rigorous, systemic, 

and objective procedures to obtain valid knowledge relevant 

to reading development, reading instruction, and reading 

difficulties; and 

‘‘(B) includes research that— 

‘‘(i) employs systemic, empirical methods that draw 

on observation or experiment; 

‘‘(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; 

‘‘(iii) relies on measurements or observational 

methods that provide valid data across evaluators and 

observers and across multiple measurements and observations; and 

‘‘(iv) has been accepted by a peer-reviewed journal 

or approved by a panel of independent experts through 

a comparably rigorous, objective, and scientific review.’’. 

(6) Section 317(b) (20 U.S.C. 1059d(b)) is amended— 

(A) in paragraph (1), by striking ‘‘section 7306 of the 

Elementary and Secondary Education Act of 1965;’’ and inserting ‘‘section 6306 of the Elementary and Secondary 

Education Act of 1965;’’; and 

(B) in paragraph (3), by striking ‘‘section 7207 of the 

Elementary and Secondary Education Act of 1965; and’’ 

and inserting ‘‘section 6207 of the Elementary and Secondary Education Act of 1965; and’’. 

(7) Section 402E(d)(2) (20 U.S.C. 1070a–15(d)(2)) is amended— 

(A) in subparagraph (A), by striking ‘‘Alaska Natives, 

as defined in section 7306 of the Elementary and Secondary Education Act of 1965;’’ and inserting ‘‘Alaska Natives, as defined in section 6306 of the Elementary and Secondary Education Act of 1965;’’; and 

(B) in subparagraph (B), by striking ‘‘Native Hawaiians, as defined in section 7207 of such Act’’ and inserting 

‘‘Native Hawaiians, as defined in section 6207 of such Act’’. 

(8) Section 428K (20 U.S.C. 1078–11) is amended in subsection (b)— 

(A) in paragraph (5)(B)(iv), by striking ‘‘section 9101 of 

the Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; and 

(B) by striking paragraph (8) and inserting the following: 

‘‘(8) SCHOOL COUNSELORS.—The individual— 

‘‘(A) is employed full-time as a school counselor who 

has documented competence in counseling children and 

adolescents in a school setting and who— 


smartinez on DSK4TPTVN1PROD with REPORTS
388 

‘‘(i) is licensed by the State or certified by an independent professional regulatory authority; 

‘‘(ii) in the absence of such State licensure or certification, possesses national certification in school 

counseling or a specialty of counseling granted by an 

independent professional organization; or 

‘‘(iii) holds a minimum of a master’s degree in 

school counseling from a program accredited by the 

Council for Accreditation of Counseling and Related 

Educational Programs or the equivalent; and 

‘‘(B) is so employed in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school.’’. 

(9) Section 469(a) (20 U.S.C. 1087ii(a)) is amended by 

striking ‘‘eligible to be counted under title I of the Elementary 

and Secondary Education Act of 1965’’ and inserting ‘‘eligible 

to be counted under section 1124(c) of the Elementary and Secondary Education Act of 1965’’. 

(10) Section 481(f) (20 U.S.C. 1088(f)) is amended by striking ‘‘section 9101 of the Elementary and Secondary Education 

Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and 

Secondary Education Act of 1965’’. 

(11) Section 819(b) (20 U.S.C. 1161j) is amended— 

(A) in paragraph (1), by striking ‘‘section 7306 of the 

Elementary and Secondary Education Act of 1965.’’ and inserting ‘‘section 6306 of the Elementary and Secondary 

Education Act of 1965.’’; and 

(B) in paragraph (4), by striking ‘‘section 7207 of the 

Elementary and Secondary Education Act of 1965.’’ and inserting ‘‘section 6207 of the Elementary and Secondary 

Education Act of 1965.’’. 

(12) Section 861(c)(2)(A) (20 U.S.C. 1161q(c)(2)(A)) is 

amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965)’’ and inserting ‘‘section 8101 of 

the Elementary and Secondary Education Act of 1965)’’. 

(pp) IMPACT AID IMPROVEMENT ACT OF 2012.—Section 563(c)(1) 

of the National Defense Authorization Act for Fiscal Year 2013 

(Public Law 112–239; 126 Stat. 1748; 20 U.S.C. 7702 note) as 

amended by section 7001(a), is further amended by striking ‘‘Notwithstanding section 8005(d) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7705(d)), subsection (b)(1), and 

the amendments made by subsection (b)(1), shall take effect with respect to applications submitted under section 8002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702) for fiscal year 2010.’’ and inserting ‘‘With respect to applications submitted under section 8002 of the Elementary and Secondary Education Act of 1965, as such section was in effect on the day before 

the date of enactment of the Every Student Succeeds Act, for fiscal 

year 2010, title VIII of the Elementary and Secondary Education 

Act of 1965 (including the amendments made by subsection (b)(1)), 

as in effect on such date, and subsection (b)(1) shall take effect with 

respect to such applications, notwithstanding section 8005(d) of 

such Act, as in effect on such date.’’. 

(qq) INDIAN HEALTH CARE IMPROVEMENT ACT.—Section 

726(b)(3)(D)(iii) of the Indian Health Care Improvement Act (25 


smartinez on DSK4TPTVN1PROD with REPORTS
389 

U.S.C. 1667e(b)(3)(D)(iii)) is amended by striking ‘‘a school receiving 

payments under section 8002 or 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702, 7703).’’ and inserting ‘‘a school receiving payments under section 7002 or 7003 of the 

Elementary and Secondary Education Act of 1965.’’. 

(rr) INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE

ACT.—Section 209 of the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 458e) is amended by striking ‘‘assistance 

provided under title IX of the Elementary and Secondary Education 

Act of 1965.’’ and inserting ‘‘assistance provided under title VI of the 

Elementary and Secondary Education Act of 1965.’’. 

(ss) INDIVIDUALS WITH DISABILITIES EDUCATION ACT.—The Individuals with Disabilities Education Act is amended as follows: 

(1) Section 602 (20 U.S.C. 1401) is amended— 

(A) by striking paragraph (4); 

(B) in paragraph (8)(a)(3), by striking ‘‘under parts A 

and B of title III of that Act’’ and inserting ‘‘under part A 

of title III of that Act’’; and 

(C) by striking paragraph (18) and inserting the following: 

‘‘(18) LIMITED ENGLISH PROFICIENT.—The term ‘limited 

English proficient’ has the meaning given the term ‘English 

learner’ in section 8101 of the Elementary and Secondary Education Act of 1965.’’. 

(2) Section 611(e) (20 U.S.C. 1411(e)) is amended— 

(A) in paragraph (2)(C)— 

(i) in clause (x), by striking ‘‘6111 of the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘1201 of the Elementary and Secondary Education 

Act of 1965’’; and 

(ii) in clause (xi)— 

(I) by striking ‘‘including supplemental educational services as defined in 1116(e) of the Elementary and Secondary Education Act of 1965 to 

children with disabilities, in schools or local educational agencies identified for improvement under 

section 1116 of the Elementary and Secondary 

Education Act of 1965 on the sole basis of the assessment results of the disaggregated subgroup of 

children with disabilities’’ and inserting ‘‘including 

direct student services described in section 

1003A(c)(3) of the Elementary and Secondary Education Act of 1965 to children with disabilities, to 

schools or local educational agencies implementing 

comprehensive support and improvement activities 

or targeted support and improvement activities 

under section 1111(d) of the Elementary and Secondary Education Act of 1965 on the basis of consistent underperformance of the disaggregated subgroup of children with disabilities’’; and 

(II) by striking ‘‘to meet or exceed the objectives 

established by the State under section 

1111(b)(2)(G) the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘based on the 


smartinez on DSK4TPTVN1PROD with REPORTS
390 

challenging academic standards described in section 1111(b)(1) of such Act’’; and 

(B) in paragraph (3)(C)(ii)(I)(bb), by striking ‘‘section 

9101’’ and inserting ‘‘section 8101’’. 

(3) Section 612(a) (20 U.S.C. 1412(a)) is amended— 

(A) in paragraph (15)— 

(i) in subparagraph (A), by striking clause (ii) and 

inserting the following: 

‘‘(ii) are the same as the State’s long-term goals 

and measurements of interim progress for children 

with disabilities under section 1111(c)(4)(A)(i) of the 

Elementary and Secondary Education Act of 1965;’’; 

(ii) in subparagraph (B), by striking ‘‘including 

measurable annual objectives for progress by children 

with disabilities under section 1111(b)(2)(C)(v)(II)’’ and 

inserting ‘‘including measurements of interim progress 

for children with disabilities under section 

1111(c)(4)(A)(i)’’; and 

(B) in paragraph (16)(C)(ii)— 

(i) in subclause (I), by striking ‘‘State’s challenging 

academic content standards and challenging student 

academic achievement standards’’ and inserting ‘‘challenging State academic content standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and alternate academic achievement 

standards under section 1111(b)(1)(E) of such Act’’; 

and 

(ii) in subclause (II), by striking ‘‘the regulations 

promulgated to carry out section 1111(b)(1) of the Elementary and Secondary Education Act of 1965,’’ and 

inserting ‘‘section 1111(b)(1)(E) of the Elementary and 

Secondary Education Act of 1965,’’. 

(4) Section 613(a) (20 U.S.C. 1413(a)) is amended in paragraph (3), by striking ‘‘subject to the requirements of section 

612(a)(14) and section 2122 of the Elementary and Secondary 

Education Act of 1965’’ and inserting ‘‘subject to the requirements of section 612(a)(14) and section 2102(b) of the Elementary and Secondary Education Act of 1965’’. 

(5) Section 614(b)(5)(A) (20 U.S.C. 1414(b)(5)(A)) is amended by inserting ‘‘, as such section was in effect on the day before 

the date of enactment of the Every Student Succeeds Act’’ after 

‘‘1965’’. 

(6) Section 651(c)(5)(E) (20 U.S.C. 1451(c)(5)(E)) is amended by striking ‘‘and 2112,’’ and inserting ‘‘and 2101(d)’’. 

(7) Section 653(b)(3) (20 U.S.C. 1453(b)(3)) is amended by 

striking ‘‘and 2112,’’ and inserting ‘‘and 2101(d),’’. 

(8) Section 654 (20 U.S.C. 1454) is amended— 

(A) in subsection (a)— 

(i) in paragraph (1)(B), by striking ‘‘challenging 

State student academic achievement and functional 

standards and with the requirements for professional 

development, as defined in section 9101 of the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘challenging State academic achievement standVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00394 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
391 

ards and with the requirements for professional development, as defined in section 8101 of such Act’’; and 

(ii) in paragraph (5)(A), by striking ‘‘section 9101 

of the Elementary and Secondary Education Act of 

1965’’ and inserting ‘‘section 8101 of the Elementary 

and Secondary Education Act of 1965’’; and 

(B) in subsection (b)(10), by inserting ‘‘(as such section 

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

Every Student Succeeds Act)’’ after ‘‘1965’’. 

(9) Section 662(b)(2)(A)(viii) (20 U.S.C. 1462(b)(2)(A)(viii)) 

is amended by striking ‘‘section 7113(d)(1)(A)(ii)’’ and inserting 

‘‘section 6113(d)(1)(A)(ii)’’. 

(10) Section 663(b)(2) (20 U.S.C. 1463(b)(2)) is amended by 

striking and inserting the following: 

‘‘(2) improving the alignment, compatibility, and development of valid and reliable assessments and alternate assessments for assessing student academic achievement, as described 

under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965;’’. 

(11) Section 681(d)(3)(K) (20 U.S.C. 1481(d)(3)(K)) is 

amended by striking ‘‘payments under title VIII of the Elementary and Secondary Education Act of 1965;’’ and inserting ‘‘payments under title VII of the Elementary and Secondary Education Act of 1965;’’. 

(tt) NATIONAL SECURITY ACT OF 1947.—Section 1015(2)(A) of 

the National Security Act of 1947 (50 U.S.C. 441j-4(2)(A)) is amended by striking ‘‘section 9101(26) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7801(26)));’’ and inserting ‘‘section 

8101 of the Elementary and Secondary Education Act of 1965);’’. 

(uu) INTERNAL REVENUE CODE OF 1986.—The Internal Revenue 

Code of 1986 is amended as follows: 

(1) Section 54E(d)(2) is amended by striking ‘‘section 9101 

of the Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(2) Section 457(e)(11)(D)(ii)(I) is amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(3) Section 1397E(d)(4)(B) is amended by striking ‘‘section 

9101 of the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’. 

(vv) JAMES MADISON MEMORIAL FELLOWSHIP ACT.—Section 

815(4) of the James Madison Memorial Fellowship Act (20 U.S.C. 

4514(4)) is amended by striking ‘‘9101’’ and inserting ‘‘8101’’. 

(ww) JOHN WARNER NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2007.—Section 572(c) of the National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 

2226) is amended by striking ‘‘section 8013(9) of the Elementary 

and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9))’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education 

Act of 1965’’. 

(xx) LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1987.—Section 

104(3)(B)(ii) of the Legislative Branch Appropriations Act, 1987 (as 


smartinez on DSK4TPTVN1PROD with REPORTS
392 

incorporated by reference in section 101(j) of Public Law 99–500 

and Public Law 99–591) (2 U.S.C. 5540(3)(B)(ii)) is amended by 

striking ‘‘given such terms in section 9101’’ and inserting ‘‘given the 

terms elementary school and secondary school in section 8101’’. 

(yy) LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1997.—Section 

5(d)(1) of the Legislative Branch Appropriations Act, 1997 (2 U.S.C. 

66319(d)(1)) is amended by striking ‘‘public elementary or secondary 

school as such terms are defined in section 9101’’ and inserting ‘‘elementary school or secondary school, as such terms are defined in 

section 8101’’. 

(zz) MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.—Section 

725(3) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11434a(3)) is amended by striking ‘‘section 9101 of the Elementary 

and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 

of the Elementary and Secondary Education Act of 1965’’. 

(aaa) MUSEUM AND LIBRARY SERVICES ACT.—The Museum and 

Library Services Act (20 U.S.C. 9161 et seq.) is amended as follows: 

(1) Section 204(f) (20 U.S.C. 9103(f)) is amended by striking paragraph (1) and inserting the following: 

‘‘(1) activities under section 2226 of the Elementary and 

Secondary Education Act of 1965;’’. 

(2) Section 224(b)(6)(A) (20 U.S.C. 9134(b)(6)(A)) is amended by striking ‘‘including coordination with the activities within 

the State that are supported by a grant under section 1251 of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6383)’’ and inserting ‘‘including coordination with the 

activities within the State that are supported by a grant under 

section 2226 of the Elementary and Secondary Education Act of 

1965’’. 

(3) Section 261 (20 U.S.C. 9161) is amended by striking 

‘‘represent Native Hawaiians (as the term is defined in section 

7207 of the Native Hawaiian Education Act’’ and inserting 

‘‘represent Native Hawaiians (as the term is defined in section 

6207 of the Native Hawaiian Education Act)’’. 

(4) Section 274(d) (20 U.S.C. 9173(d)) is amended by striking ‘‘represent Native Hawaiians (as defined in section 7207 of 

the Native Hawaiian Education Act (20 U.S.C. 7517)),’’ and inserting ‘‘represent Native Hawaiians (as defined in section 6207 

of the Native Hawaiian Education Act),’’. 

(bbb) NATIONAL AND COMMUNITY SERVICE ACT OF 1990.—The 

National and Community Service Act of 1990 (42 U.S.C. 12501 et 

seq.) is amended as follows: 

(1) Section 101 (42 U.S.C. 12511) is amended— 

(A) in paragraph (15), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; 

(B) in paragraph (24), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; 

(C) in paragraph (39), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; and 


smartinez on DSK4TPTVN1PROD with REPORTS
393 

(D) in paragraph (45), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’. 

(2) Section 112(a)(1)(F) (42 U.S.C. 12523(a)(1)(F)) is 

amended by striking ‘‘not making adequate yearly progress for 

two or more consecutive years under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et 

seq.)’’ and inserting ‘‘implementing comprehensive support and 

improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary 

Education Act of 1965’’. 

(3) Section 119(a)(2)(A)(ii)(II) (42 U.S.C. 12563) is amended 

by striking ‘‘the graduation rate (as defined in section 

1111(b)(2)(C)(vi) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in applicable regulations promulgated by the Department of Education’’ and inserting ‘‘the four-year adjusted cohort graduation 

rate (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)’’. 

(4) Section 122(a)(1) (42 U.S.C. 12572(a)(1)) is amended in 

subparagraph (C)(iii), by striking ‘‘secondary school graduation 

rates as defined in section 1111(b)(2)(C)(vi) of the Elementary 

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

6311(b)(2)(C)(vi)) and as clarified in applicable regulations promulgated by the Department of Education’’ and inserting ‘‘fouryear adjusted cohort graduation rate (as defined in section 8101 

of the Elementary and Secondary Education Act of 1965)’’. 

(ccc) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2006.—Section 572 of the National Defense Authorization Act for 

Fiscal Year 2006 (20 U.S.C. 7703b) is amended— 

(1) in subsection (a)(2), by striking ‘‘section 8003(a)(1) of the 

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

7703(a)(1)).’’ and inserting ‘‘section 7003(a)(1) of the Elementary 

and Secondary Education Act of 1965.’’; and 

(2) in subsection (e)(2), by striking ‘‘section 8013(9) of the 

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

7713(9)).’’ and inserting ‘‘section 7013(9) of the Elementary and 

Secondary Education Act of 1965.’’. 

(ddd) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL

YEAR 2012.—Section 532(a)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) (10 U.S.C. 503 

note; 125 Stat. 1403(a)(1)) is amended by striking ‘‘(as defined in 

section 9101(38) of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 7801(38)).’’ and inserting ‘‘(as defined in section 

8101 of the Elementary and Secondary Education Act of 1965).’’. 

(eee) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2014.—Section 573 of the National Defense Authorization Act for 

Fiscal Year 2014 (Public Law 113–66) (10 U.S.C. 503 note; 127 

Stat. 772) is amended— 

(1) in subsection (a)(1), by striking ‘‘(as defined in section 

9101(38) of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 7801(38)),’’ and inserting ‘‘(as defined in section 8101 of the Elementary and Secondary Education Act of 

1965),’’; and 


smartinez on DSK4TPTVN1PROD with REPORTS
394 

(2) in subsection (b), by striking ‘‘(as defined in section 

9101(38) of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 7801(38))’’ and inserting ‘‘(as defined in section 

8101 of the Elementary and Secondary Education Act of 1965)’’. 

(fff) NATIONAL ENVIRONMENTAL EDUCATION ACT.—Section 3(5) 

of the National Environmental Education Act (20 U.S.C. 5502(5)) is 

amended by striking ‘‘ ‘local educational agency’ means any education agency as defined in section 9101 of the Elementary and Secondary Education Act of 1965 and shall include any tribal education agency;’’ and inserting ‘‘ ‘local educational agency’ means any 

education agency as defined in section 8101 of the Elementary and 

Secondary Education Act of 1965 and shall include any tribal education agency;’’. 

(ggg) NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF

2002.—The National Science Foundation Authorization Act of 2002 

(Public Law 107–368; 116 Stat. 3034) is amended as follows: 

(1) Section 4 (42 U.S.C. 1862n note) is amended— 

(A) in paragraph (3), by striking ‘‘The term ‘community 

college’ has the meaning given such term in section 3301(3) 

of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7011(3))’’ and inserting ‘‘The term ‘community 

college’ means an institution of higher education as defined 

in section 101 of the Higher Education Act of 1965 that 

provides not less than a 2-year degree that is acceptable for 

full credit toward a bachelor’s degree, including institutions of higher education receiving assistance under the 

Tribally Controlled College or University Assistance Act of 

1978’’; 

(B) in paragraph (5), by striking ‘‘section 9101(18) of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801(18))’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; 

(C) in paragraph (10), by striking ‘‘section 9101(26) of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801(26))’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; 

(D) in paragraph (13), by striking ‘‘section 9101(38) of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801(38))’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; and 

(E) in paragraph (15), by striking ‘‘section 9101(41) of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801(41))’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(2) Section 9 (42 U.S.C. 1862n) is amended— 

(A) in subsection (a)(10)(A)(iii) in subclause (III), by 

striking ‘‘(as described in section 1114(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6314(a)(1))’’ and inserting ‘‘(as described in section 

1114(a)(1)(A))’’; and 

(B) in subsection (c)(4), by striking ‘‘the program authorized under part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.)’’ and 

inserting ‘‘other programs with similar purposes’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
395 

(hhh) NATIONAL SECURITY ACT OF 1947.—Section 1015(2)(A) of 

the National Security Act of 1947 (50 U.S.C. 3205(2)(A)) is amended 

by striking ‘‘(as that term is defined in section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7801(26)))’’ and inserting ‘‘(as that term is defined in section 8101 

of the Elementary and Secondary Education Act of 1965)’’. 

(iii) NATIVE AMERICAN LANGUAGES ACT.—Section 103 of the 

Native American Languages Act (25 U.S.C. 2902) is amended— 

(1) in paragraph (2), by striking ‘‘section 7151(3) of the Elementary and Secondary Education Act of 1965’’ and inserting 

‘‘section 6151(3) of the Elementary and Secondary Education 

Act of 1965’’; and 

(2) in paragraph (3), by striking ‘‘section 7207 of the Elementary and Secondary Education Act of 1965’’ and inserting 

‘‘section 6207 of the Elementary and Secondary Education Act 

of 1965’’. 

(jjj) NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT.—Section 6(c)(4) of the Native Hawaiian Health Care Improvement Act 

(42 U.S.C. 11705(c)(4)) is amended by striking ‘‘private educational 

organization identified in section 7202(16) of the Elementary and 

Secondary Education Act of 1965 (20 U.S.C. 7512(16)) to continue 

to offer its educational programs and services to Native Hawaiians 

(as defined in section 7207 of that Act (20 U.S.C. 7517)) first and 

to others’’ and inserting ‘‘private educational organization identified 

in section 7202(16) of the Elementary and Secondary Education Act 

of 1965 (as such section was in effect on the day before the date of 

enactment of the Every Student Succeeds Act) to continue to offer its 

educational programs and services to Native Hawaiians (as defined 

in section 6207 of the Elementary and Secondary Education Act of 

1965) first and to others’’. 

(kkk) PUBLIC HEALTH SERVICE ACT.—The Public Health Service Act is amended as follows: 

(1) Section 319C–1(b)(2)(A)(vii) (42 U.S.C. 247d– 

3a(b)(2)(A)(vii)) is amended by striking ‘‘including State educational agencies (as defined in section 9101(41) of the Elementary and Secondary Education Act of 1965)’’ and inserting ‘‘including State educational agencies (as defined in section 8101 

of the Elementary and Secondary Education Act of 1965)’’. 

(2) Section 399L(d)(3)(A) (42 U.S.C. 280g(d)(3)(A)) is 

amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of 

the Elementary and Secondary Education Act of 1965’’. 

(3) Section 520E(l)(2) (42 U.S.C. 290bb–36(l)(2)) is amended by striking ‘‘elementary or secondary school (as such terms 

are defined in section 9101 of the Elementary and Secondary 

Education Act of 1965)’’ and inserting ‘‘elementary school or 

secondary school (as such terms are defined in section 8101 of 

the Elementary and Secondary Education Act of 1965)’’. 

(lll) REFUGEE EDUCATION ASSISTANCE ACT OF 1980.—Section 

101(1) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 

1522 note) is amended by striking ‘‘such terms under section 9101 

of the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘such terms under section 8101 of the Elementary and Secondary Education Act of 1965’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
396 

(mmm) REHABILITATION ACT OF 1973.—The Rehabilitation Act 

of 1973 (29 U.S.C. 701 et seq.) is amended as follows: 

(1) Section 202(b)(4)(A)(i) (29 U.S.C. 762(b)(4)(A)(i)) is 

amended by striking ‘‘(as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); 

and’’ and inserting ‘‘(as defined in section 8101 of the Elementary and Secondary Education Act of 1965); and’’. 

(2) Section 206 (29 U.S.C. 766) is amended by striking ‘‘(as 

such terms are defined in section 9101 of the Elementary and 

Secondary Education Act of 1965 (20 U.S.C. 7801))’’ and inserting ‘‘(as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965)’’. 

(3) Section 504(b)(2)(B) (29 U.S.C. 794(b)(2)(B)) is amended 

by striking ‘‘(as defined in section 9101 of the Elementary and 

Secondary Education Act of 1965)’’ and inserting ‘‘(as defined 

in section 8101 of the Elementary and Secondary Education Act 

of 1965)’’. 

(4)(A) Section 511(b)(2) (29 U.S.C. 794g(b)(2)), as added by 

section 458 of the Workforce Innovation and Opportunity Act 

(Public Law 113–128; 128 Stat. 1676), is amended by striking 

‘‘local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7801)) or a State educational agency (as defined in such section)’’ and inserting ‘‘local educational agency (as defined in 

section 8101 of the Elementary and Secondary Education Act of 

1965) or a State educational agency (as defined in such section)’’. 

(B) The amendment made by subparagraph (A) shall take 

effect on the same date as section 458(a) of the Workforce Innovation and Opportunity Act (Public Law 113–128; 128 Stat. 

1676) takes effect, and as if enacted as part of such section. 

(nnn) RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.— 

The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 

et seq.) is amended in section 12(d)(4) (42 U.S.C. 1769a(d)(4)) by 

striking ‘‘section 9101 of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(ooo) SAFE DRINKING WATER ACT.—Section 1461 of the Safe 

Drinking Water Act (42 U.S.C. 300j–21(3)) is amended— 

(1) in paragraph (3), by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965’’ and inserting 

‘‘section 8101 of the Elementary and Secondary Education Act 

of 1965’’; and 

(2) in paragraph (6), by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965’’ and inserting 

‘‘section 8101 of the Elementary and Secondary Education Act 

of 1965’’. 

(ppp) SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT.— 

The Scholarships for Opportunity and Results Act (division C of 

Public Law 112–10; sec. 38–1853.01 et seq., D.C. Official Code) is 

amended as follows: 

(1) In section 3003 (sec. 38–1853.03, D.C. Official Code), by 

striking ‘‘identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316)’’ and inserting 


smartinez on DSK4TPTVN1PROD with REPORTS
397 

‘‘implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 

1965’’. 

(2) In section 3006(1)(A) (sec. 38–1853.06(1)(A), D.C. Official Code), by striking ‘‘identified for improvement, corrective 

action, or restructuring under section 1116 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6316)’’ and inserting ‘‘implementing comprehensive support and improvement 

activities or targeted support and improvement activities under 

section 1111(d) of the Elementary and Secondary Education Act 

of 1965’’. 

(3) In section 3007 (sec. 38–1853.07, D.C. Official Code)— 

(A) in subsection (a)(4)(F), by striking ‘‘ensures that, 

with respect to core academic subjects (as such term is defined in section 9101(11) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7801(11))’’ and inserting 

‘‘ensures that, with respect to core academic subjects (as 

such term was defined in section 9101(11) of the Elementary and Secondary Act of 1965 (20 U.S.C. 7801(11)) on the 

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

(B) in subsection (d), by striking ‘‘identified for improvement, corrective action, or restructuring under section 

1116 of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6316)’’ and inserting ‘‘implementing comprehensive support and improvement activities or targeted 

support and improvement activities under section 1111(d) 

of the Elementary and Secondary Education Act of 1965’’. 

(4) In section 3013 (sec. D.C. Code 38–1853.13, D.C. Official Code)— 

(A) in paragraph (5), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; and 

(B) in paragraph (8), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(qqq) SOCIAL SECURITY ACT.—The Social Security Act (42 

U.S.C. 301 et seq.) is amended as follows: 

(1) Section 475(1)(G)(ii)(I) (42 U.S.C. 675(1)(G)(ii)(I)) is 

amended by striking ‘‘local educational agencies (as defined 

under section 9101 of the Elementary and Secondary Education 

Act of 1965)’’ and inserting ‘‘local educational agencies (as defined under section 8101 of the Elementary and Secondary Education Act of 1965)’’. 

(2) Section 2110(c)(9)(B)(v) (42 U.S.C. 1397jj(c)(9)(B)(v)) is 

amended by striking ‘‘as defined under section 9101 of the Elementary and Secondary Education Act of 1965’’ and inserting 

‘‘as defined under section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(rrr) STATE DEPENDENT CARE DEVELOPMENT GRANTS ACT.— 

Section 670G(6) of the State Dependent Care Development Grants 

Act (42 U.S.C. 9877(6)) is amended by striking ‘‘section 9101 of the 


smartinez on DSK4TPTVN1PROD with REPORTS
398 

Elementary and Secondary Education Act of 1965 of the Elementary 

and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 

of the Elementary and Secondary Education Act of 1965’’. 

(sss) STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF

1980.—Section 5(c)(8) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704(c)(8)) is amended— 

(1) in subparagraph (D), by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; 

(2) in subparagraph (G), by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; and 

(3) in subparagraph (H), by striking ‘‘section 9101 of the 

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

7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(ttt) TELECOMMUNICATIONS ACT OF 1996.—Section 706(d)(2) of 

the Telecommunications Act of 1996 (47 U.S.C. 1302(d)(2)) is 

amended by striking ‘‘section 9101 of the Elementary and Secondary 

Education Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(uuu) TITLE 10, UNITED STATES CODE.—Title 10, United States 

Code, is amended as follows: 

(1) Section 503 of title 10, United States Code, is amended 

by striking ‘‘section 9101 of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7801)’’ and inserting ‘‘section 

8101 of the Elementary and Secondary Education Act of 1965’’. 

(2) Section 1154(a) of title 10, United States Code, is 

amended— 

(A) in paragraph (1), by striking ‘‘section 5210(1) of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7221i(1))’’ and inserting ‘‘section 4310 of the Elementary and Secondary Education Act of 1965’’; 

(B) in paragraph (3)(C), by striking ‘‘section 6211(b) of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7345(b))’’ and inserting ‘‘section 5211(b) of the Elementary and Secondary Education Act of 1965’’; and 

(C) in paragraph (8), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(3) Section 2008 of title 10, United States Code, is amended 

by striking ‘‘section 8013(3) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7713(3)), or to carry out section 8008 of such Act (20 U.S.C. 7708)’’ and inserting ‘‘section 

7013(3) of the Elementary and Secondary Education Act of 

1965, or to carry out section 7008 of such Act’’. 

(4) Section 2194(f)(2) of title 10, United States Code, is 

amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)’’ and inserting 

‘‘section 8101 of the Elementary and Secondary Education Act 

of 1965’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
399 

(vvv) TITLE 23, UNITED STATES CODE.—Section 504(d)(4) of 

title 23, United States Code, is amended— 

(1) in subparagraph (B), by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; and 

(2) in subparagraph (C), by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(www) TITLE 40, UNITED STATES CODE.—Section 502(c)(3)(C) of 

title 40, United States Code, is amended by striking ‘‘section 8013 

of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7713)’’ and inserting ‘‘section 7013 of the Elementary and Secondary 

Education Act of 1965’’. 

(xxx) TOXIC SUBSTANCES CONTROL ACT.—The Toxic Substances 

Control Act (15 U.S.C. 2601 et seq.) is amended as follows: 

(1) Section 202 (15 U.S.C. 2642) is amended— 

(A) in paragraph (7), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; 

(B) in paragraph (9), by striking ‘‘any elementary or 

secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)’’ and inserting 

‘‘any elementary school or secondary school (as defined in 

section 8101 of the Elementary and Secondary Education 

Act of 1965)’’; and 

(C) in paragraph (12), by striking ‘‘elementary or secondary school as defined in section 9101 of the Elementary 

and Secondary Education Act of 1965’’ and inserting ‘‘elementary school or secondary school as defined in section 

8101 of the Elementary and Secondary Education Act of 

1965’’. 

(2) Section 302(1) (15 U.S.C. 2662(1)) is amended by striking ‘‘section 9101 of the Elementary and Secondary Education 

Act of 1965’’ and inserting ‘‘section 8101 of the Elementary and 

Secondary Education Act of 1965’’. 

(yyy) WORKFORCE INNOVATION AND OPPORTUNITY ACT.—The 

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

is amended as follows: 

(1) Section 3 (29 U.S.C. 3102) is amended— 

(A) in paragraph (34), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; and 

(B) in paragraph (55), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(2) Section 102(b)(2)(D)(ii)(I) (29 U.S.C. 3112(b)(2)(D)(ii)(I)) 

is amended by striking ‘‘with State-adopted challenging academic content standards, as adopted under section 1111(b)(1) of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6311(b)(1))’’ and inserting ‘‘with challenging State acaVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00403 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
400 

demic standards, as adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6311(b)(1))’’. 

(3) Section 129(c)(1)(C) (29 U.S.C. 3164(c)(1)(C)) is amended by striking ‘‘(based on State academic content and student 

academic achievement standards established under section 

1111 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 6311))’’ and inserting ‘‘(based on challenging State 

academic standards established under section 1111(b)(1) of the 

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

6311(b)(1))’’. 

(4) Section 166(b)(3) (29 U.S.C. 3221(b)(3)) is amended by 

striking ‘‘section 7207 of the Native Hawaiian Education Act 

(20 U.S.C. 7517).’’ and inserting ‘‘section 6207 of the Native Hawaiian Education Act.’’. 

And the House agree to the same. 

JOHN KLINE, 

VIRGINIA FOXX, 

DAVID P. ROE, 

GLENN THOMPSON, 

BRETT GUTHRIE, 

TODD ROKITA, 

LUKE MESSER, 

GLENN GROTHMAN, 

STEVE RUSSELL, 

CARLOS CURBELO, 

ROBERT C. ‘‘BOBBY’’ SCOTT, 

SUSAN A. DAVIS, 

MARCIA L. FUDGE, 

JARED POLIS, 

FREDERICA S. WILSON, 

SUZANNE BONAMICI, 

KATHERINE M. CLARK, 

Managers on the Part of the House. 

LAMAR ALEXANDER, 

MICHAEL B. ENZI, 

RICHARD BURR, 

JOHNNY ISAKSON, 

SUSAN M. COLLINS, 

LISA MURKOWSKI, 

MARK KIRK, 

TIM SCOTT, 

ORRIN G. HATCH, PAT ROBERTS, 

BILL CASSIDY, 

PATTY MURRAY, 

BARBARA A. MIKULSKI, 

BERNARD SANDERS, ROBERT P. CASEY, JR., 

AL FRANKEN, MICHAEL F. BENNET, SHELDON WHITEHOUSE, TAMMY BALDWIN, CHRISTOPHER MURPHY, 


smartinez on DSK4TPTVN1PROD with REPORTS
401 

ELIZABETH WARREN, Managers on the Part of the Senate. 


smartinez on DSK4TPTVN1PROD with REPORTS

smartinez on DSK4TPTVN1PROD with REPORTS
(403) 

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF 

CONFERENCE 

The managers on the part of the House and the Senate at the 

conference on the disagreeing votes of the two Houses on the 

amendment of the House to the bill (S. 1177), to reauthorize the 

Elementary and Secondary Education Act of 1965 to ensure that 

every child achieves, submit the following joint statement to the 

House and the Senate in explanation of the effect of the action 

agreed upon by the managers and recommended in the accompanying conference report: 

The House amendment struck all of the Senate bill after the 

enacting clause and inserted a substitute text. 

The Senate recedes from its disagreement to the amendment 

of the House with an amendment that is a substitute for the Senate bill and the House amendment. The differences between the 

Senate bill, the House amendment, and the substitute agreed to in 

conference are noted below, except for clerical corrections, conforming changes made necessary by agreements reached by the 

conferees, and minor drafting and clarifying changes. 

Title I, Part A—Disadvantaged Students 

1. The Senate bill and House amendment have different short 

titles for the Act. 

HR/SR with an amendment to strike both and insert 

‘‘Every Student Succeeds Act’’ 

2. The Senate bill and House amendment have different tables 

of contents. 

HR/SR with an amendment to read as follows: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Every Student Succeeds Act’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Transition. 

Sec. 5. Effective date. 

Sec. 6. Table of contents of the Elementary and Secondary Education Act of 1965. 

TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 

DISADVANTAGED 

Sec. 1001. Statement of purpose. 

Sec. 1002. Authorization of appropriations. 

Sec. 1003. School intervention and support. 

Sec. 1004. (Direct student services). 

Sec. 1005. State plans. 

Sec. 1006. Local educational agency plans. 

Sec. 1007. School attendance. 

Sec. 1008. Schoolwide. 


smartinez on DSK4TPTVN1PROD with REPORTS
404 

Sec. 1009. Targeted. 

Sec. 1010. Parent and family engagement. 

Sec. 1011. Participation of children enrolled in private schools. 

Sec. 1012. Fiscal requirements. 

Sec. 1013. Coordination requirement. 

Sec. 1014. Supplement, not supplant. 

Sec. 1015. Grants for the outlying areas and the Secretary of the Interior. 

Sec. 1016. Allocations. 

Sec. 1017. Academic assessments. 

Sec. 1018. Education of migratory children. 

Sec. 1019. Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk. 

Sec. 1020. Flexibility for equitable per-pupil funding. 

Sec. 1021. General provisions. 

TITLE II—HIGH–QUALITY TEACHERS, PRINCIPALS, AND OTHER SCHOOL 

LEADERS 

Sec. 2001. Transfer of certain provisions. 

Sec. 2002. Teacher, principal, and other school leader training and recruiting fund. 

Sec. 2003. National activities. 

Sec. 2004. General provisions. 

TITLE III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND 

IMMIGRANT STUDENTS 

Sec. 3001. Transfer of certain provisions. 

Sec. 3002. Authorization of appropriations. 

Sec. 3003. English language acquisition, language enhancement, and academic 

achievement. 

Sec. 3004. General provisions. 

TITLE IV—21ST CENTURY SCHOOLS 

Sec. 4001. General provisions. 

Sec. 4002. Grants to states and local educational agencies. 

Sec. 4003. 21st century community learning centers. 

Sec. 4004. Public charter schools. 

Sec. 4005. Magnet schools assistance. 

Sec. 4006. Statewide family engagement centers. 

Sec. 4007. National activities. 

TITLE V—STATE INNOVATION AND LOCAL FLEXIBILITY 

Sec. 5001. Transfer of certain provisions. 

Sec. 5002. Purposes. 

Sec. 5003. Improving academic achievement. 

Sec. 5004. Rural education initiative. 

Sec. 5005. General provisions. 

Sec. 5006. Review relating to rural local educational agencies. 

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

Sec. 6001. Transfer of certain provisions. 

Sec. 6002. Indian education. 

Sec. 6003. Native Hawaiian education. 

Sec. 6004. Alaska native education. 

Sec. 6005. Report on responses to Indian student suicides. 

TITLE VII—IMPACT AID 

Sec. 7001. Transfer of certain provisions. 

Sec. 7002. Amendment to impact aid improvement act of 2012. 

Sec. 7003. Payments relating to federal acquisition of real property. 

Sec. 7004. Payments for eligible federally connected children. 

Sec. 7005. Policies and procedures relating to children residing on Indian lands. 

Sec. 7006. Application for payments under sections 7002 and 7003. 

Sec. 7007. Construction. 

Sec. 7008. State consideration of payments in providing state aid. 

Sec. 7009. Definitions. 

Sec. 7010. Authorization of appropriations. 


smartinez on DSK4TPTVN1PROD with REPORTS
405 

TITLE VIII—GENERAL PROVISIONS 

Sec. 8001. Transfer and redesignations. 

Sec. 8002. Sense of Congress. 

Sec. 8101. Definitions. 

Sec. 8102. Applicability of title. 

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

Sec. 8104. Consolidation of State administrative funds for elementary and secondary 

education programs. 

Sec. 8105. Consolidation of funds for local administration. 

Sec. 8106. Consolidation of set-aside for Department of the Interior funds. Rural 

consolidated plan. 

Sec. 8107. Optional consolidated state plans or applications. 

Sec. 8108. General applicability of state educational agency assurances. 

Sec. 8109. Rural consolidated plan. 

Sec. 8110. Other general assurances. 

Sec. 8111. Waivers of statutory and regulatory requirements. 

Sec. 8112. Plan approval process. 

Sec. 8113. Participation by private school children and teachers. 

Sec. 8114. Complaint process for participation of private school children. 

Sec. 8115. Maintenance of effort. 

Sec. 8116. Prohibition regarding state aid. 

øSec. 8116. School prayer.¿ 

Sec. 8117. Prohibitions. 

Sec. 8118. Prohibitions on federal government and use of federal funds. 

øSec. 8119. Prohibited uses of funds.¿ 

Sec. 8120. Armed forces recruiter access to students and student recruiting information. 

Sec. 8121. Prohibitions on federally sponsored testing. 

Sec. 8122. Limitations on national testing or certification for teachers, principals, or 

other school leaders. 

Sec. 8123. Prohibition on requiring state participation. 

Sec. 8124. Civil rights. 

Sec. 8125. Consultation with indian tribes and native organizations. 

Sec. 8126. Outreach and technical assistance for rural local educational agencies. 

Sec. 8127. Consultation with the Governor. 

Sec. 8128. Local governance. 

Sec. 8129. Rule of construction regarding travel to and from school. 

Sec. 8130. Limitations on School-Based Health Centers 

Sec. 8131. State control over standards. 

Sec. 8132. Parental consent. 

Sec. 8133. Sense of congress on protecting student privacy. 

Sec. 8134. Prohibition on aiding and abetting sexual abuse. 

Sec. 8135. Restoration of state sovereignty over public education. 

Sec. 8136. Evaluations. 

TITLE IX—EDUCATION OF HOMELESS CHILDREN AND YOUTHS; OTHER 

LAWS; MISCELLANEOUS 

PART A—EDUCATION FOR HOMELESS CHILDREN AND YOUTH

Sec. 9101. Statement of policy. 

Sec. 9102. Grants for state and local activities. 

Sec. 9103. Local educational agency subgrants. 

Sec. 9104. Secretarial responsibilities. 

Sec. 9105. Definitions. 

Sec. 9106. Authorization of appropriations. 

PART B—OTHER LAWS; MISCELLANEOUS

Sec. 9201. Use of term ‘‘highly qualified’’ in other laws. 

Sec. 9202. Department staff. 

Sec. 9203. Report on Department actions to address Office of the Inspector General 

charter school reports. 

Sec. 9204. Posthumous pardon. 

Sec. 9205. Education Flexibility Partnership Act of 1999 reauthorization. 

Sec. 9206. Preschool Development Grants. 

3. The Senate bill and House amendment have identical sections 3. 


smartinez on DSK4TPTVN1PROD with REPORTS
406 

LC 

4. The Senate bill, but not the House amendment, includes a 

statement of purpose. 

SR 

5. The House amendment, but not the Senate bill, includes this 

transition provision. 

SR with an amendment to strike and replace with the 

following: 

‘‘Sec. 4. Transition. 

(a) FUNDING AUTHORITY.— (1) MULTI-YEAR AWARDS.— (A) PROGRAMS NO LONGER AUTHORIZED.—Except as 

otherwise provided in this Act, the recipient of a multiyear award under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the 

date of enactment of this Act, for a program no longer authorized under that Act as a result of this Act, shall continue to receive funds in accordance with the terms of such 

award, except that no additional funds may be awarded 

after September 30, 2016, unless such program is substantively similar to a program authorized under this Act, 

in which case such recipient shall continue to receive funds 

in accordance with the terms of the prior award. 

(B) AUTHORIZED PROGRAMS.—Except as otherwise provided in this Act, the recipient of a multi-year award 

under the Elementary and Secondary Education Act of 

1965, as that Act was in effect prior to the date of enactment of this Act, for a program still authorized under that 

Act as a result of this Act, shall continue to receive funds 

in accordance with the terms of that award. 

(2) PLANNING AND TRANSITION.—Notwithstanding any 

other provision of law, a recipient of funds under a program 

described in paragraph (1)(B) may use funds awarded to the 

recipient under the Elementary and Secondary Education Act, 

as that Act was in effect prior to the date of enactment of this 

Act, to carry out necessary and reasonable planning and transition activities in order to ensure an orderly implementation 

of amendments made to such program by this Act. 

(b) ORDERLY TRANSITION.—Subject to subsection (a)(1)(A), the 

Secretary shall take such steps as are necessary to provide for the 

orderly transition to, and implementation of, programs authorized 

by this Act, and by the amendments made by this Act, from programs authorized by the Elementary and Secondary Education Act 

of 1965, as that Act was in effect prior to the date of enactment 

of this Act. 

(c) WAIVERS.—Notwithstanding any other provision of this Act, 

except the Special Rule in subsection (e)(3), waivers— 

(1) granted by the Secretary under section 9401 of the Elementary and Secondary Education Act as such section was in 

effect prior to the date of enactment of this Act; and 

(2) awarded to states and a consortium of local educational 

agencies under the program first introduced in a letter to chief 

state school officers dated September 23, 2011, shall terminate 

as of August 1, 2016. 


smartinez on DSK4TPTVN1PROD with REPORTS
407 

6. The House amendment, but not the Senate bill, includes a 

section for ‘‘Effective Dates’’ for the Act and amendments made by 

the Act. 

SR with an amendment to read as follows: 

(1) in subsection (b), to strike ‘‘2015’’ and insert ‘‘2016’’; 

(2) in subsection (c), to strike ‘‘2016’’ and insert ‘‘2017’’; 

(3) in subsection (d), to strike ‘‘2016’’ and insert ‘‘2017’’; and 

(4) to insert after subsection (d) the following new subsection: 

(e) TITLE I.— 

(1) PRIOR AUTHORITY.—Notwithstanding any other provision of this Act, except the Special Rule in paragraph (3), section 1111 (b)(2), as such section was in effect prior to the date 

of enactment of this Act, shall continue in effect until August 

1, 2016. 

(2) CERTAIN SECTIONS.—Notwithstanding any other provision of this Act, except the Special Rule in paragraph (3)— 

(A) subsections (c) and (d) of section 1111 shall take 

effect beginning with the 2017–2018 academic year; and 

(B) all other subsections of section 1111 shall take effect consistent with subsection (a). 

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

this Act, including subsection (c) and paragraphs (1) and (2), 

any school or local educational agency in a State that has been 

identified by the State as in need of improvement, corrective 

action, or restructuring under part A of title I of the Elementary and Secondary Education Act as such part was in effect 

prior to the date of enactment of this Act, or as a priority or 

focus school under a waiver granted by the Secretary under 

section 9401 of the Elementary and Secondary Education Act 

as such section was in effect prior to the date of enactment of 

this Act, shall continue to implement applicable interventions 

until the State plan under section 1111 is approved, or subsections (c) and (d) of section 1111 take effect in accordance 

with paragraph (2)(A), whichever comes first. 

7. The Senate bill, but not the House amendment, amends the 

table of contents for ESEA. 

HR/SR with amendment to read as follows: 

SEC. 5. TABLE OF CONTENTS OF THE ELEMENTARY AND SECONDARY 

EDUCATION ACT OF 1965. 

Section 2 is amended to read as follows: 

‘‘SEC. 2. TABLE OF CONTENTS. 

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

‘‘Sec. 1. Short title. 

‘‘Sec. 2. Table of contents. 

‘‘Sec. 4. Education flexibility program. 

‘‘TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 

DISADVANTAGED 

‘‘Sec. 1001. Statement of purpose. 

‘‘Sec. 1002. Authorization of appropriations. 

‘‘Sec. 1003. School intervention and support. 

‘‘Sec. 1003A. Direct student services. 

‘‘Sec. 1004. State administration. 


smartinez on DSK4TPTVN1PROD with REPORTS
408 

‘‘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 programs. 

‘‘Sec. 1116. Parent and family engagement. 

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

‘‘Sec. 1118. Fiscal requirements. 

‘‘Sec. 1119. Coordination requirements. 

‘‘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 of targeted grants 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—ACADEMIC ASSESSMENTS

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

‘‘Sec. 1202. Grants for enhanced assessment instruments. 

‘‘Sec. 1203. Audits of assessment systems. 

‘‘Sec. 1204. Allotment of appropriated funds. 

‘‘Sec. 1205. 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. Evaluation; technical assistance; annual model program. 

‘‘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. 


smartinez on DSK4TPTVN1PROD with REPORTS
409 

‘‘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

‘‘PART F—GENERAL PROVISIONS

‘‘Sec. 1601. Federal regulations. 

‘‘Sec. 1602. Agreements and records. 

‘‘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—TEACHER, PRINCIPAL, AND OTHER SCHOOL LEADER TRAINING AND

RECRUITING FUND

‘‘Sec. 2101. Formula grants to States. 

‘‘Sec. 2102. Subgrants to local educational agencies. 

‘‘Sec. 2103. Local use 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. øLiteracy programs.¿ 

‘‘Sec. 2227. Supplement, not supplant. 

‘‘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. Rules of construction. 


smartinez on DSK4TPTVN1PROD with REPORTS
410 

‘‘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. 

‘‘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. Reporting requirements. 

‘‘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. Authorization of appropriations. 

‘‘PART A—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. Allotments to local educational agencies. 

‘‘Sec. 4106. Local 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. Prohibitions. 

‘‘Sec. 4112. Authorization of appropriations. 

‘‘Sec. 4113. 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. 


smartinez on DSK4TPTVN1PROD with REPORTS
411 

‘‘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. 

‘‘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. 

ø‘‘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. Purpose. 

‘‘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. 4641. National activities for school safety. 

‘‘SUBPART 4—GRANTS FOR ACADEMIC ENRICHMENT

‘‘Sec. 4650. Awards for academic enrichment. 

‘‘Sec. 4651. Assistance for arts education. 

‘‘Sec. 4652. Ready-To-Learn programming. 

‘‘Sec. 4653. Supporting high ability learners and learning. 

‘‘TITLE V—STATE INNOVATON AND LOCAL FLEXIBILITY 

‘‘Sec. 5001. Purposes. 

‘‘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. 


smartinez on DSK4TPTVN1PROD with REPORTS
412 

‘‘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. Uses of funds. 

‘‘Sec. 5223. Applications. 

‘‘Sec. 5224. Accountability. 

‘‘Sec. 5225. Choice of participation. 

‘‘SUBPART 3—GENERAL PROVISIONS

‘‘Sec. 5231. Annual average daily attendance determination. 

‘‘Sec. 5232. Supplement, not supplant. 

‘‘Sec. 5233. Rule of construction. 

‘‘Sec. 5234. Authorization of appropriations. 

‘‘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. 6135. Grants to tribes for education administrative planning, development, 

and coordination. 

‘‘Sec. 6136. 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. 


smartinez on DSK4TPTVN1PROD with REPORTS
413 

‘‘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 purposes. 

‘‘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. 

‘‘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 

‘‘Sec. 8001. Sense of Congress. 

‘‘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. 

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

AND APPLICATIONS

‘‘Sec. 8301. Purpose. 

‘‘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. 


smartinez on DSK4TPTVN1PROD with REPORTS
414 

‘‘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. General prohibitions. 

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

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

ø‘‘Sec. 8527A. Prohibited uses of 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. 

‘‘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. Parental consent. 

‘‘Sec. 8546. Sense of Congress on protecting student privacy. 

‘‘Sec. 8547. Prohibition on aiding and abetting sexual abuse. 

‘‘Sec. 8548. Restoration of state sovereignty over public education. 

‘‘Sec. 8549. Privacy. 

‘‘SUBPART 3—TEACHER LIABILITY PROTECTION

‘‘Sec. 8541. Short title. 

‘‘Sec. 8542. Purpose. 

‘‘Sec. 8543. Definitions. 

‘‘Sec. 8544. Applicability. 

‘‘Sec. 8545. Preemption and election of State nonapplicability. 

‘‘Sec. 8546. Limitation on liability for teachers. 

‘‘Sec. 8547. Allocation of responsibility for noneconomic loss. 

‘‘Sec. 8548. Effective date. 

‘‘SUBPART 5—GUN POSSESSION

‘‘Sec. 8561. Gun-free requirements. 

‘‘SUBPART 6—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.’’. 

8. The House amendment, but not the Senate bill, includes a 

separate section for ‘‘Authorization of Appropriations’’ for the Act. 

This provision covers all but the Indian Education, Native Hawaiian, and Alaska Native programs in Title V of the House amendment. The Senate includes separate ‘‘Authorization of Appropriations’’ language in each title. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
415 

9. The Senate bill, but not the House amendment, amends the 

authorization of appropriations provision for Title I. 

HR/SR with an amendment to read as follows: 

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

A— 

(1) $15,013,027,605 for fiscal year 2017; 

(2) $15,458,169,042 for fiscal year 2018; 

(3) $15,898,081,442 for fiscal year 2019; 

(4) $16,183,054,591 for fiscal year 2020. 

(b) STATE ASSESSMENTS.—There are authorized to be appro- priated 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 ø8141¿, there are 

authorized to be appropriated $710,000 for each of fiscal years 2017 

through 2020. 

(f) SENSE OF CONGRESS REGARDING ADJUSTMENTS TO AUTHOR- IZATIONS 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, 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. 

10. The House amendment, but not the Senate bill, includes a 

Sense of the Congress on state and local rights and responsibilities. 

SR with an amendment to strike paragraphs (3), (4), (5), 

and (6) and to move the remainder of the Sec. to the beginning of Title IX 

11. The Senate bill and House amendment have different title 

headings. The House amendment, but not the Senate bill, includes 

a subtitle heading. 

HR 

12. The House amendment, but not the Senate bill, amends the 

title heading for title I of ESEA. 

HR 

13. The Senate bill and House amendment amend the statement of purpose in different ways. 

HR/SR with an amendment to strike the language in 

both bills and insert the following: 

‘‘The purpose of this title is to provide all children the opportunity for a fair, equitable, and significant opportunity to receive 

a high-quality education, and to close educational achievement 

gaps.’’ 


smartinez on DSK4TPTVN1PROD with REPORTS
416 

14. The House amendment, but not the Senate bill, amends 

section 1002, to include flexible use of funds authority. See note 6 

of Title VI. See note 9 of this document for Senate bill’s amendments to section 1002. 

HR 

15. The Senate bill, but not the House amendment, strikes section 1003 and redesignates section 1004 as 1003. 

SR 

16. The Senate bill, but not the House amendment, adds a subsection (c) to the redesignated section 1003 for ‘‘Technical Assistance and Support.’’ 

HR/SR with an amendment to strike and replace with 

the following: 

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) ø7¿ percent of the amount the State receives under 

subpart 2 of part A; or 

(2) the sum of the amount the State— 

(A) reserved under this subsection for fiscal year 

ø2015/2016¿; and 

(B) received for FY ø2015/2016¿ under subsection (g) 

of this section as such subsection was in effect 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 identified for comprehensive support and improvement or implementing targeted 

support and improvement plans 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 non-profit or for-profit external 

providers with expertise in using evidence-based strategies to 

improve student achievement, instruction, and schools; and 

(2) shall use the funds not reserved under paragraph (1) 

to carry out this section, which shall include— 

(A) establishing the method, consistent with subsection (g), the State will use to allocate funds to local educational agencies under such paragraph, including ensuring the local educational agencies receiving an allotment 

under such paragraph represent the geographic diversity 

of the State and 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 


smartinez on DSK4TPTVN1PROD with REPORTS
417 

comprehensive support and improvement or targeted support and improvement plans under section 1111(d). 

(c) DURATION.—The State educational agency shall award subgrants under this paragraph 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 identified for comprehensive support and improvement or 

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

agencies in the State. 

(e) APPLICATION.—In order 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 for schools receiving funds under this section identified under section 1111(d)(1); 

(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 section 1111(d)(2)(B)(iv) and (v) if 

funds received under this section are used to support 

schools implementing targeted improvement and support 

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); 

(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 subsection. 

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

funds to local educational agencies under this section, shall give 

priority to local educational agencies that— 


smartinez on DSK4TPTVN1PROD with REPORTS
418 

(1) serve high numbers of elementary schools and secondary schools identified 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) øin fiscal year 2018 and each subsequent fiscal year¿ shall not decrease the amount of funds each local 

educational agency receives under subpart 2 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 1111ø(h)¿ 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. 

17. The House amendment, but not the Senate bill, increases 

the state set-aside from 4 percent to 7 percent. 

See note 16. 

18. The Senate bill, but not the House amendment makes the 

state set-aside permissive. 

See note 16. 

19. The House amendment, but not the Senate bill, makes a 

technical edit to refer to ‘‘chapter B of subpart 1 of part A’’ to reflect structural changes to Title I, Part A. 

See note 16. 

20. The Senate bill replaces references to sections 1116 and 

1117 with a reference to section 1114(a) to reflect structural 

changes in title I, part A; the House amendment eliminates references to sections 1116 and 1117 to reflect repeal of those sections 

in the House amendment. 

See note 16. 

21. The Senate bill and House amendment change references 

to reflect provisions in sections 1114 and 1111(b)(3)(B)(iii), respectively. 

See note 16. 

22. The Senate bill and House amendment make similar 

changes to refer to nonprofit or for-profit organizations using evidence-based strategies. 


smartinez on DSK4TPTVN1PROD with REPORTS
419 

See note 16. 

23. The Senate bill, but not the House amendment, also refers 

to improving teaching and schools. 

See note 16. 

24. The Senate bill, but not the House amendment, adds a reference in the subparagraph (A) to the lowest performing schools as 

identified under section 1114. 

See note 16. 

25. The House amendment rewords paragraph (2) to replace 

the requirement that schools demonstrate the greatest need with 

a requirement schools demonstrate greatest commitment to using 

funds to improve schools. 

See note 16. 

26. The Senate bill adds ‘‘as determined by the State’’ in subparagraph (B). 

See note 16. 

27. The Senate bill maintains subparagraph (C), but rewords 

to require ‘‘evidence-based interventions’’ targeted at ‘‘lowest-performing’’ schools, and changes reference to section 1116 to ‘‘to improve student achievement and student outcomes.’’ The House 

amendment eliminates paragraph (3) which is similar to subparagraph (C) in the Senate bill. 

See note 16. 

28. The House amendment, but not the Senate bill, provides 

for a technical edit due to restructuring of Title I, Part A. 

See note 16. 

29. The Senate bill, but not the House amendment, changes 

reference to ‘‘subsection (b)’’ to ‘‘this subsection’’. 

See note 16. 

29a. The Senate bill, but not the House amendment, adds ‘‘for 

a fiscal year’’. 

See note 16. 

30. The House amendment, but not the Senate bill, changes 

‘‘any fiscal year’’ to ‘‘fiscal year 2016 and each subsequent fiscal 

year’’. 

See note 16. 

31. The House amendment, but not the Senate bill, makes 

technical changes to reflect restructuring of Title I, Part A. 

See note 16. 

32. The Senate bill, but not the House amendment, makes 

technical edits to change section/subsection references. 

See note 16. 

33. The Senate bill, but not the House amendment, makes 

technical edits to change references to section/subsection. 

See note 16. 

34. The House amendment, but not the Senate bill, strikes language dealing with families below the poverty line. 

See note 16. 

35. The House amendment strikes subsection (g). The Senate 

bill also does not include subsection (g), but includes similar provisions in 1114(c). See note 239 related to section 1114(c) in the Senate bill. 

See note 16. 


smartinez on DSK4TPTVN1PROD with REPORTS
420 

36. The House amendment, but not the Senate bill, makes 

technical changes to reflect restructuring of Title I, Part A. 

HR 

37. The Senate bill redesignates this section as section 1003. 

The Senate bill makes no changes to current law, but adds a new 

subsection (c) Technical Assistance and Support. See note 16. 

SR 

38. The House amendment, but not the Senate bill, includes 

this provision on Direct Student Services. 

SR with an amendment to read as follows: 

SEC. 1003A. DIRECT STUDENT SERVICES. 

(a) STATE RESERVATION.—Each State, after meaningful consultation with geographically diverse local educational agencies, including suburban, rural, and urban local educational agencies and 

local agencies with a high percentage of schools identified by the 

state for comprehensive support and improvement under section 

1111(c)(4)(D)(i) and local educational agencies with a high percentage of schools implementing targeted support and improvement 

plans under section 1111(d)(2), may reserve 3 percent of the 

amount the State receives under subpart 2 for each fiscal year to 

carry out this section. Of such reserved funds, the State educational agency may use up to 1 percent to administer the program 

described in this section. 

(b) AWARDS.—From the amount reserved under subsection (a), 

the State educational agency shall award grants to geographically 

diverse local educational agencies, including suburban, rural, and 

urban local educational agencies. In making such awards, the State 

shall prioritize awards to local educational agencies with the highest percentage of schools identified by the state for comprehensive 

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

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 up to 1 percent of each award for outreach and 

communication to parents about available direct student services in the district and state; 

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

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

associated with one or more of the following direct student 

services— 

(A) enrollment and participation in academic courses 

not otherwise available at the school, including career and 

technical education coursework that is aligned with the 

challenging State academic standards described in section 

1111(b)(1)(C) and 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), and advanced courses; 

(B) credit recovery and academic acceleration courses 

that lead to a regular high school diploma; 

(C) assist students in successfully completing postsecondary level instruction and examinations that are acceptVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00424 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
421 

ed for credit at institutions of higher education, including 

Advanced Placement and International Baccalaureate programs, 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 local educational agencies that do not choose to 

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 that 

has not been identified by the state under such section, 

which may include a public charter school; and 

(4) in paying the costs associated with direct student services under paragraph (3), the local educational agency 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 at 

such time and in such manner as the State educational agency 

shall require, and describing how the local educational agency 

will— 

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

child’s education; 

(2) ensure parents have adequate time and information to 

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

(3) ensure 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 the following— 

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

(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 services provided through direct student 

services; and 


smartinez on DSK4TPTVN1PROD with REPORTS
422 

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

that is accessible to parents. 

(e) PROVIDERS AND SCHOOLS.—The State shall— 

(1) ensure that each local educational agency that receives 

an award under this section and intends to provide public 

school choice can provide a sufficient number of options to provide a meaningful choice for parents; 

(2) compile and maintain, following a fair and impartial selection and approval process, an updated list of State-approved 

high-quality academic tutoring providers that— 

(A) is developed using a fair negotiations 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 will 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 servicer providers; and 

(5) establish and implement clear criteria describing the 

course of action for providers that are not successful in raising 

student academic outcomes, which, for high-quality academic 

tutoring provider, may include a process to remove State approval under subsection (e)(2). 

39. The House amendment, but not the Senate bill, has a subtitle heading. 

HR 

40. The House amendment, but not the Senate bill, amends the 

headings for title I, part A. 

HR 

41. The House amendment, but not the Senate bill, converts 

subtitles to chapters. 

HR 

42. The Senate bill and House amendment strike and replace 

section 1111. The Senate bill also strikes and replaces sections 

1112 through 1117. 

SR 

43. The House amendment, but not the Senate bill, changes 

the heading for subsection (a). 

SR 

44. The House amendment, but not the Senate bill, omits the 

word ‘‘shall’’. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
423 

45. The Senate bill and House amendment have wording differences. 

SR 

46. The Senate bill and House amendment add different entities to consult with. 

HR with an amendment to strike ‘‘(including organizations representing such individuals)’’ 

47. The Senate bill includes additional Acts to coordinate with. 

HR with an amendment to add a new paragraph (2): 

(2) LIMITATION.—Consultation required under paragraph 

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

required under this section. 

48. The Senate bill, but not the House amendment, requires 

States to describe what evidence-based strategies the State will implement. 

SR 

49. The House amendment, but not the Senate bill, changes 

the section reference. 

LC 

50. The Senate bill includes language on peer review and secretarial approval. The House amendment includes similar language 

in section 1111(e). 

HR 

51. The Senate bill and House amendment have different requirements for peer review appointments. See note 53. 

HR with amendment to read as follows: 

(3) 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 parents, teachers, principals, other school leaders, specialized instructional support personnel, State educational 

agencies, local educational agencies, the community, including the business community, and researchers who are familiar with the implementation of academic standards, assessments, or accountability systems, and how to meet the needs 

of disadvantaged students, children with disabilities, 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 have 

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 within the 

preceding 2 years; and 

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


smartinez on DSK4TPTVN1PROD with REPORTS
424 

(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 are comprised of varied individuals so that the same peer reviewers are not reviewing all of the State plans; and 

52. The Senate bill says a plan is deemed approved within 90 

days unless the Secretary demonstrates the plan does not meet the 

requirements. See note 54. 

HR with amendment to strike subparagraph (v) and insert the following: 

(v) approve a State plan within 120 days of its 

submission unless the Secretary determines that such 

State plan does not meet the requirements of this section and has replied in writing providing the supporting information and rationale to substantiate such 

determination. 

53. The Senate bill, but not the House amendment, include additional provisions related to purpose and nature of review, and appointments. 

HR with amendment to strike ‘‘publicly available’’ and 

replace with ‘‘transparent’’ 

54. The House amendment requires the Secretary to approve 

a plan within 120 days. See note 52. 

HR 

55. The Senate bill and House amendment lay out different criteria and steps for Secretary disapproval. 

HR/SR insert new clauses under subparagraph (A) in 

paragraph (3) to read as follows: 

(vi) disapprove of the State plan only if the Secretary determines how the State plan fails to meet the 

requirements of this section and immediately notifies 

the State of such determination and the reasons for 

such determination in writing as required in clause 

(v); 

(vii) not decline to approve a State’s plan before— 

(I) offering the State an opportunity to revise 

its plan; 

(II) providing technical assistance in order to 

assist the State to meet the requirements of this 

section; 

(III) providing all peer-review comments, suggestions, recommendations, or concerns in writing 

to the State; and 

(IV) providing a hearing, unless the State declines the opportunity for such hearing; and 

(viii) have the authority to disapprove a State 

plan if the State has been notified and offered an opportunity to revise and resubmit with technical assistance under clause (vii), and— 

(I) the State does not revise and resubmit its 

plan; or 


smartinez on DSK4TPTVN1PROD with REPORTS
425 

(II) the State revises and resubmits a plan 

that the Secretary determines does not meet the 

requirements of this section after a hearing conducted under clause (vii)(IV), if applicable. 

56. The House amendment includes limitations for the Secretary. The Senate bill contains a similar limitation within a more 

expansive set of limitations. See note 59. 

HR 

57. The House amendment includes a separate paragraph on 

state revisions. The Senate bill includes language on state revisions 

in paragraphs (4), (5), and (8). See notes 55, 58, and 65. 

HR 

58. The Senate bill includes a separate paragraph on state 

plan disapproval. See notes 54 through 56. 

SR 

59. The Senate bill includes a separate paragraph on Secretary 

limitations. See notes 56, 61, 62, and 66. 

SR 

60. The Senate bill and House amendment have different public review requirements. 

HR with an amendment to strike ‘‘comments;’’ and insert 

‘‘guidance, notes, and comments and the names of the peer 

reviewers (once the peer reviewers have completed their 

work);’’ 

61. The House amendment, but not the Senate bill, includes a 

prohibition on the Secretary. 

SR with an amendment to strike ‘‘and the Secretary’s 

staff,’’ and insert after ‘‘Secretary’’, ‘‘and political appointees 

of the Department’’, and to strike the second sentence. 

62. The House amendment, but not the Senate bill, includes a 

rule of construction regarding Secretary approval. See note 59. 

HR 

63. The Senate bill and House amendment include similar plan 

duration language. The House amendment includes this language 

in section 1111(f). 

HR 

64. The Senate bill, but not the House amendment, establishes 

a seven-year duration. 

SR 

65. The Senate bill and the House amendment include different requirements for additional information. 

HR with an amendment to strike subparagraph (C) 

66. The Senate bill, but not the House amendment, includes a 

limitation on the Secretary’s authority. 

SR 

67. The Senate bill and House amendment include similar language on failing to meet requirements. The House amendment language is in section 1111(g). 

HR 

68. The House amendment requires the Secretary to withhold 

funds; the Senate bill permits the Secretary to withhold funds. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
426 

69. The Senate bill, but not the House amendment, requires 

the State to post their State plan for at least 30 days for public review. 

HR 

70. The Senate bill and House amendment have different subsection headings. 

SR with an amendment to insert ‘‘Challenging’’ before 

Academic Standards, and insert ‘‘Systems’’ after ‘‘Accountability’’ 

71. The Senate bill and House amendment have different paragraph headings. 

HR 

72. The Senate bill requires an assurance of the adoption of 

challenging State academic standards; the House amendment requires demonstration State has adopted academic content standards and academic achievement standards. 

HR 

73. The Senate bill, but not the House amendment, requires 

three levels for achievement standards. 

HR 

74. The Senate bill, but not the House amendment, says that 

States shall not be required to submit standards to the Secretary. 

HR 

75. The Senate bill and House amendment have similar requirements for the same standards; the House amendment includes 

language on achievement standards that the Senate bill includes in 

subparagraph (C) of the Senate bill. See note 77. 

HR/SR with an amendment to strike language in both 

bills and insert the following: 

(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. 

76. The Senate bill provides an exception to this requirement 

for alternate academic achievement standards for students with 

the most significant cognitive disabilities as provided for in subparagraph (E). 

HR 

77. The Senate bill and House amendment have similar language on subjects; the Senate bill includes language on levels of 

achievement that is similar to the language the House amendment 

includes in subparagraph (C). See note 75. 

SR 

78. The Senate bill, but not the House amendment, requires 

States to demonstrate how their standards are aligned with higher 

education, career and technical education, and relevant early learning guidelines. 

HR with an amendment to strike subparagraph (D) and 

insert the following: 


smartinez on DSK4TPTVN1PROD with REPORTS
427 

(D) ALIGNMENT.— 

(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 State institutions of 

higher education to determine the specific challenging 

State academic standards required under this Act. 

79. The Senate bill and House amendment have different subparagraph headings. 

HR 

80. The Senate bill and House amendment both allow States 

to develop alternate academic achievement standards using a documented and validated standards setting process. 

HR 

81. The House amendment, but not the Senate bill, requires 

the determination about the use of alternate academic achievement 

standards be made separately for each student. The Senate bill, 

but not the House amendment, requires this information to be designated in the student’s individualized education program for each 

student. 

HR 

82. The Senate bill and House amendment require alignment 

of the alternate academic achievement standards with other State 

standards, but the Senate bill specifies the alignment should be 

with content standards. 

HR 

83. The Senate bill and House amendment require alternate 

academic achievement standards to promote access to the general 

curriculum, but the Senate bill requires that this be consistent 

with the purposes of the IDEA. 

SR with an amendment to insert ‘‘, consistent with the 

Individuals with Disabilities Education Act’’ after ‘‘curriculum’’ 

84. The Senate bill and House amendment use different language to describe the requirement for the standards to reflect the 

highest standards for the students. 

SR 

85. The Senate bill, but not the House amendment, requires 

the alternate academic achievement standards be aligned in such 

a way to ensure that a student who meets the standard is on track 

for further education or employment. 

HR with an amendment to strike ‘‘for further’’ and insert ‘‘to pursue postsecondary’’ and to add before the period 

‘‘, consistent with the purposes of Title IV of Pub. L 113–128’’ 

Report Language: ‘‘It is the intent of the Conferees that alternate achievement standards be vertically aligned to ensure crossgrade coherence and a building of skills, with proficiency against 

the standards resulting in a student’s readiness to access postsecondary education or employment.’’ 


smartinez on DSK4TPTVN1PROD with REPORTS
428 

86. The Senate bill, but not the House amendment, prohibits 

any other alternate or modified achievement standards for children 

with disabilities. 

HR 

87. The Senate bill and House amendment include different requirements related to English language proficiency standards. 

SR with amendment to strike ‘‘describe how the State 

educational agency will establish’’ and insert ‘‘demonstrate 

that the State has adopted’’, to strike ‘‘; and’’ and insert the 

following: 

‘‘; 

(ii) address the different proficiency levels of 

English learners; and’’ and to redesignate clause (ii) as 

clause (iii)’’ 

88. The Senate bill, but not the House amendment, clarifies 

that States do not have to submit their standards to the Secretary, 

and contain prohibitions on the Secretary’s authority over standards. 

HR 

89. The Senate bill and House amendment include similar language on existing standards. The House amendment includes the 

language in subsection (b)(6). 

HR 

90. The House amendment and Senate bill refer to different 

bill titles. 

LC 

91. The House amendment and Senate bill have slightly different language. 

SR 

92. The House amendment, but not the Senate bill, requires 

the assessments be used in evaluating the performance of local 

educational agencies and schools under the State’s accountability 

system. The Senate bill contains similar language requiring these 

assessments to be used in the State’s accountability system in 

paragraph (3) of the Senate bill. 

HR 

93. The Senate bill, but not the House amendment, includes an 

exception for subparagraph (D) related to alternate assessments for 

the students with the most significant cognitive disabilities. 

HR 

94. The House amendment and Senate bill have slightly different language with respect to measuring student achievement; 

the Senate bill, but not the House amendment, includes language 

on assessment administration to all public school students. 

HR 

95. The Senate bill, but not the House amendment, refers to 

‘‘challenging’’ academic standards. 

HR 

96. The Senate bill, but not the House amendment, includes an 

additional requirement that information on the student’s performance at grade level be provided. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
429 

97. The Senate bill includes this separate provision. The House 

amendment includes some of this language in clause (iv). See note 

98. 

HR 

98. The Senate bill and House amendment have different requirements. See note 97. 

HR 

99. The Senate bill and House amendment include similar language regarding the frequency of administration. 

SR with amendment to strike ‘‘be administered’’ and all 

that follows through the semicolon and replace with ‘‘be administered—(aa) in each of grades 3 through 8; and (bb) at 

least once in grades 9 through 12’’ 

100. The House amendment, but not the Senate bill, includes 

a provision regarding administration of any other subjects chosen 

by the State. 

SR 

101. The Senate bill and the House amendment include different provisions that require the assessments to include measures 

that assess higher order thinking skills and understanding. 

HR 

102. The House amendment, but not the Senate bill, includes 

a provision requiring the assessments to measure proficiency and 

permitting the assessments to measure growth. 

HR 

103. The Senate bill and House amendment have different provisions related to participation of students. 

LC 

104. The Senate bill requires appropriate accommodations for 

students with disabilities and the House amendment requires reasonable accommodations. 

HR with an amendment to insert ‘‘including students 

with the most significant cognitive disabilities, ’’ after ‘‘section 602(3) of the Individuals with Disabilities Education 

Act,’’ and to insert ‘‘or alternate academic achievement 

standards described in paragraph (1)(E)’’ after ‘‘State academic standards’’ 

105. The Senate bill, but not the House amendment, includes 

a reference to assistive technology and IDEA. 

HR 

106. The House amendment requires accommodations for 

English learners to be ‘‘reasonable,’’ while the Senate bill requires 

accommodations to be ‘‘appropriate.’’ 

HR 

107. The Senate bill and House amendment include slightly 

different wording regarding the inclusion of English learners. 

HR with an amendment to strike ‘‘(1)(F)’’ and insert 

‘‘ø(G)¿’’ 

108. The Senate bill and House amendment have similar provisions with slightly different wording and different clause numbers. 

SR with an amendment to read as follows: 

(1) in subclause (I), by striking ‘‘annual’’; and 

(2) in subclause (II)— 

(A) to insert ‘‘statewide interim’’ after ‘‘multiple’’; and 


smartinez on DSK4TPTVN1PROD with REPORTS
430 

(B) to insert ‘‘or growth’’ after ‘‘achievement’’. 

109. The Senate bill and House amendment have similar provisions. 

HR 

110. The Senate bill and House amendment have similar provisions. 

SR with an amendment to insert ‘‘, consistent with 

clause (iii),’’ after ‘‘reports’’ and strike ‘‘teachers, and’’ and 

insert ‘‘teachers, principals, and other’’ 

111. The Senate bill and House amendment have similar provisions; the House amendment, but not the Senate bill, requires 

disaggregation by status as a student with a parent who is an active duty member of the Armed Forces. The Senate bill includes 

this in note 178. 

HR with an amendment to strike ‘‘ (VI) migrant status;’’ 

and insert the following: 

(VI) migrant status, except that, in the case of a local educational agency or a school, such disaggregation shall not be required in a case in which the number of students in a subgroup is 

insufficient to yield statistically reliable information or the results 

would reveal personally identifiable information about an individual; 

112. The House amendment requires disaggregation by status 

as a student in foster care. The Senate requires disaggregated reporting on academic assessments and graduation rates for foster 

students on the State report card. See note 178. 

HR 

113. The House amendment includes language on personally 

identifiable information. The Senate bill includes similar language 

in paragraph (C). See note 119. 

SR 

114. The Senate bill, but not the House amendment, includes 

this provision on itemized score analyses. 

HR 

115. The House amendment includes this provision on the 95 

percent participation rate requirement while the Senate bill includes a 95 percent participation rate requirement in paragraph 

(3)(B)(vi) of the Senate bill. 

HR 

116. The House amendment, but not the Senate bill, includes 

a provision related to opt out and the 95 percent participation requirement. 

HR 

117. The Senate bill and House amendment include a similar 

provision; the House amendment references the definition for ‘‘universal design for learning’’ in the Higher Education Act while the 

Senate bill includes a definition in the general provisions. 

HR 

118. The Senate bill includes this separate subparagraph on 

disaggregation. The House amendment includes similar language 

in clause (xii). See note 114. 

SR with an amendment to strike subparagraph (C) and 

insert the following: 


smartinez on DSK4TPTVN1PROD with REPORTS
431 

(øC¿) EXCEPTION FOR ADVANCED MATHEMATICS IN MID- DLE SCHOOL.—For purposes of implementing subparagraph 

(B)ø(v)¿(I)(aa) for grade 8 with respect to mathematics, the 

State may exempt any 8th grade student from such assessment if— 

(i) such student takes advanced mathematics during such student’s 8th grade year and takes the endof-course assessment the State typically administers to 

meet the requirements of subparagraph (B)ø(v)¿(I)(bb) 

in that subject; 

(ii) such student’s achievement on such end-ofcourse assessment shall be used for purposes of subsection ø(c)(2)(B)(i)¿, in lieu of their achievement on 

the mathematics assessment required in subparagraph 

(B)ø(v)¿(I)(aa), and such student shall be counted as 

participating in the assessment for purposes of subsection ø(c)(4)(B)(vi)¿; and 

(iii) such student takes an additional mathematics 

assessment in high school, which may be any end-ofcourse assessment in advanced mathematics that is 

more advanced than the assessment taken by such 

student to fulfill the requirement of subclause (I), to 

meet the requirements of subparagraph (B)ø(v)¿(I)(bb), 

which shall be used to measure such student’s academic achievement for purposes of subsection 

ø(c)(2)(B)(i)¿. 119. The Senate bill and House amendment have different subparagraph headings. 

HR/SR with an amendment to strike subparagraph (D) 

and replace with the following: 

(D) ALTERNATE ASSESSMENTS FOR STUDENTS WITH THE

MOST SIGNIFICANT COGNITIVE DISABILITIES.— 

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

may provide for alternate assessments aligned with 

the challenging State academic content 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)), that— 

(aa) their child’s academic achievement 

will be measured against such alternate 

standards; and 


smartinez on DSK4TPTVN1PROD with REPORTS
432 

(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, 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 how that general and special education teachers and other appropriate staff know how to administer the alternate assessments, and make appropriate use of 

accommodations for children 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 participating in academic instruction and assessments and increase 

the number of students with significant cognitive 

disabilities who are tested against challenging 

State academic achievement standards for the 

grade level in which a 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, 

such team shall, consistent with the guidelines established by the State and required under section 

612(a)(16)(C) of the Individuals with Disabilities 

Education Act and clause (i)(II) of this subparagraph, determine when a child with a significant 

cognitive disability shall participate in the alternate assessment aligned to 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 the alternate 

assessment under this subparagraph, except that 


smartinez on DSK4TPTVN1PROD with REPORTS
433 

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 must submit 

information to the State under subclause (II). 

(IV) WAIVER AUTHORITY.—This subparagraph 

shall be subject to the Secretary’s waiver authority under section ø8XXX¿ of this Act. 

120. The Senate bill and House amendment both include a requirement for alignment of the alternate assessment with the State 

standards. However, the Senate bill, but not the House amendment, clarifies the alternate assessment must be aligned with both 

the same content standards developed for all students and the alternate academic achievement standards developed for students 

with the most significant cognitive disabilities. 

See note 119. 

121. The Senate bill, but not the House amendment, sets an 

upper limit for the number of children who can be assessed in each 

subject using the alternate assessment at one percent of the total 

number of students in the State who are assessed in that subject. 

See note 119. 

122. The Senate bill and House amendment include similar 

language related to establishing and monitoring guidelines for individualized education program teams to use when determining 

whether a child’s significant cognitive disability justifies using the 

alternate assessment. 

See note 119. 

123. The Senate bill, but not the House amendment, requires 

that parents are involved in the decision to use the alternate assessment for their child, as required by the Individuals with Disabilities Education Act. 

See note 119. 

124. The House amendment, but not the Senate bill, include a 

requirement that parents are informed that their child’s academic 

achievement will be measured against alternate standards and 

whether participation in the alternate assessment will preclude the 

student from completing the requirements for a high school diploma. 

See note 119. 

125. The Senate bill, but not the House amendment, includes 

requirements on making progress in the general curriculum. The 

House amendment, but not the Senate bill, requires the students 

are included in the general curriculum. 

See note 119. 

126. The Senate bill, but not the House amendment, requires 

a state plan description on ensuring access. 

See note 119. 

127. The Senate bill, but not the House amendment, requires 

the State to include a description of the steps the State has taken 

to incorporate universal design for learning in the alternate assessment. 


smartinez on DSK4TPTVN1PROD with REPORTS
434 

See note 119. 

128. The Senate bill and House amendment both require that 

teachers and other appropriate staff know how to administer assessments and make appropriate use of accommodations. The Senate bill extends this requirement to all assessments, whereas the 

House amendment extends this requirement to the alternate assessment only. 

See note 119. 

129. The Senate bill and House amendment both include a requirement to develop, disseminate information about, and promote 

the use of accommodation. The Senate bill and House amendment 

both specify these accommodations should increase the number of 

students tested against the State academic achievement standards. 

The House amendment, but not the Senate bill, clarifies these 

standards should be for the grade in which the student is enrolled. 

The Senate bill, but not the House amendment, specifies these accommodations should also promote participation in academic instruction and requires the State to describe in their State plan how 

appropriate accommodations will be provided. 

See note 119. 

130. The Senate bill and House amendment have a similar requirement about students who are assessed using the alternate assessment not being precluded from attempting to complete a high 

school diploma, but the House amendment refers to a ‘‘secondary 

school diploma’’. The House amendment, but not the Senate bill, 

clarifies that a State determines the specific requirements for a diploma. 

See note 119. 

131. The Senate bill, but not the House amendment, includes 

a limitation on including the 1 percent of students tested against 

the alternate assessment in the State accountability system. 

See note 119. 

132. The Senate bill, but not the House amendment, includes 

language on State authority. 

HR 

133. The Senate bill requires each State plan to identify the 

languages that are ‘‘present to a significant extent’’ in the population, while the House amendment requires identification of languages that are ‘‘present’’. 

HR 

134. The House amendment, but not the Senate bill, includes 

language on Secretary assistance upon a State’s request. The Senate bill includes this provision as subparagraph (F) and the House 

amendment includes it as subparagraph (E). 

SR 

135. The Senate bill and House amendment have different requirements for English language proficiency assessments. 

SR 

136. The House amendment, but not the Senate bill, includes 

this provision on locally designed assessment systems. 

SR with amendment to strike (G) and replace with the 

following: 

(G) LOCALLY-SELECTED ASSESSMENT.— 


smartinez on DSK4TPTVN1PROD with REPORTS
435 

(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 clause (v) of 

subparagraph (B), 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 clauses (iii) or (iv). 

(ii) STATE TECHNICAL CRITERIA.—The State educational agency, in order to allow for State approval of 

nationally-recognized high school academic assessments that are available for local selection, 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 local selection, such 

agency shall— 

(I) conduct a review of each assessment to determine if such assessment meets or exceeds such 

technical criteria established by the state under 

clause (ii); 

(II) submit evidence in accordance with section 1111(a)(3) that demonstrates such assessment 

meets the requirements of clause (v) of this paragraph; and 

(III) after fulfilling the requirements of subclause (I) and subclause (II), approve such assessment for selection and use by any local educational agency that requests to use such assessment consistent with clause (i). 

(iv) LOCAL EDUCATIONAL AGENCY OPTION.—(I) if a 

local educational agency chooses to submit a nationally-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); and 

(II) 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 subclause (I) and 

subclause (II) of clause (iii). 

(v) REQUIREMENTS.—in order to receive approval 

from the State educational agency, such locally-selected assessments shall— 

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

standards under section 1111(b)(1), address the 

depth and breadth of such standards, and be 

equivalent in their content coverage, difficulty, 


smartinez on DSK4TPTVN1PROD with REPORTS
436 

and quality to the State-designed assessments, 

and may be more rigorous in their content coverage and difficulty; 

(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 described in subsection (c)(2), with results expressed in terms consistent with the State’s academic achievement 

standards described in subsection (b)(1), among all 

local educational agencies within the State; 

(III) meet the requirements for the assessments under subparagraph (B), including technical criteria, except the requirement under clause 

(ii) of such subparagraph; and 

(IV) provide unbiased, rational, and consistent 

differentiation between schools within the State to 

meet the requirements of section 1111(c). 

(iv) PARENTAL NOTIFICATION.—A local educational 

agency shall notify parents— 

(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 implemented, 

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 clause (v) of subparagraph (B). 

Report language: ‘‘It is the intent of the Conferees to allow 

flexibility for States and local educational agencies to select and 

use any nationally-recognized high school assessment that is approved for selection after meeting the requirements of this paragraph. It is the intent of the Conferees that existing assessments 

already widely recognized as validly measuring student performance, such as ACT or SAT exams, may, subject to approval described in this subparagraph, be selected and used.’’ 

137. The Senate bill, but not the House amendment, includes 

this deferral language. 

HR 

138. The Senate bill and House amendment include similar 

rules of construction regarding use of assessments for student promotion or graduation. The House amendment includes this as a 

section 1111(k). 

SR 

139. The Senate bill and House amendment have different language on computer adaptive assessments; in addition, the Senate 

bill includes this as subparagraph (J) and the House amendment 

includes it as subparagraph (F). 

HR/SR with an amendment to strike and replace with 

the following: 

øJ/F¿ ADAPTIVE ASSESSMENTS.— 


smartinez on DSK4TPTVN1PROD with REPORTS
437 

(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, as long as the computer adaptive assessments meet the requirements of this paragraph, 

except that— 

(I) subparagraph ø(B)(ii)¿ 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 against the 

State’s 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 paragraph (3). 

Report Language: ‘‘It is the Conferees’ intent that adaptive assessments may use items above or below the student’s grade level, 

but, for purposes of determining and reporting overall proficiency 

in the accountability system, the adaptive assessment must measure academic proficiency within a student’s enrolled grade level 

academic standards.’’ 

140. The Senate bill, but not the House amendment, contains 

a provision describing the applicability of computer adaptive assessments for students with the most significant cognitive disabilities. 

HR/SR with an amendment to read as follows: 

(ii) students with the most significant cognitive 

disabilities and english learners.—In developing and 

administering computer adaptive assessments.— 

(I) as the assessments allowed under subparagraphs (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 in order to measure, in the subject being assessed, whether the student is 

performing at the student’s grade level. 

(II) as the assessments described 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 


smartinez on DSK4TPTVN1PROD with REPORTS
438 

(bb) assess the student’s language proficiency in order to measure the student’s acquisition of English. 

141. The Senate bill, but not the House amendment, includes 

this language on parent and guardian rights. 

HR with an amendment to strike ‘‘part’’ and insert 

‘‘paragraph’’ and strike ‘‘statewide’’ 

142. The Senate bill, but not the House amendment, includes 

this provision on assessment time. 

SR with an amendment to insert the following at the 

end of section 1111(b)(2): 

(ll) 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. 

Report Language: ‘‘It is the Conferees’ intent that nothing in 

the language allowing a State to set a target limit on time spent 

on assessments shall ever be construed to mandate that a State set 

such a target limit. Setting a target limit will always be a choice 

the State makes. Additionally, the Conferees intend that the target 

limit set include assessments adopted pursuant to this subsection, 

other assessments required by the State, and assessments required 

districtwide by the local educational agency.’’ 

143. The Senate bill refers to ‘‘System’’ while the House 

amendment refers to ‘‘Systems’’ in the paragraph heading. 

HR/SR with an amendment to strike paragraph (3) and 

insert the following: 

(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, 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, as defined in paragraph (2)— 

(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 leadVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00442 Fmt 6601 Sfmt 6602 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
439 

ers, parents, and other stakeholders when determining 

such minimum number; and 

(iii) how the State ensures that such minimum 

number does not reveal any personally identifiable information; 

(4) DESCRIPTION OF SYSTEM.—The statewide accountability 

system described in paragraph (1)(A) shall be based on the 

challenging State academic standards described in subsection 

(b)(1)(C) to improve student academic achievement and school 

success. In designing such system to meet the requirements of 

this part, the State shall— 

(A) 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 of 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 

(bb) high school graduation rates, including— 

(AA) the 4-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; 

(II) for which the term set by the state in designing 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 clause (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, increases in the percentage of students making progress in achieving English 

language proficiency, as defined by the State, as measured by the assessments described in subsection 

(b)(2)(G), within a State-determined timeline. 

(B) Annually measure, for all students and separately 

for each subgroup of students, except that the indicator described in clause (iv) shall be measured only for the subgroup of students described in paragraph (2)(D), indicators 

of— 

(i) For all public schools, academic achievement, 

as measured by proficiency, and at the State’s discretion, student growth for high schools, on the annual 

assessments required under subsection (b)(2)(B)(v)(I), 

based on the long term goals established pursuant to 

subparagraph (A); 


smartinez on DSK4TPTVN1PROD with REPORTS
440 

(ii) For elementary schools and secondary schools 

that are not high schools, a measure of student 

growth, if determined appropriate by the state, or another valid and reliable statewide academic indicator 

that allows for meaningful differentiation in school 

performance; 

(iii) For high schools, the 4 year adjusted cohort 

graduation rate, and, at the State’s discretion, the extended-year adjusted cohort graduation rate, based on 

State-designed long term goals established pursuant to 

subparagraph (A); 

(iv) English language proficiency for all English 

learners in each of the grades 3 through 8 and in the 

grade for which such English learners are otherwise 

assessed under paragraph (2)(B)(v)(I) during the grade 

9 through 12 period, which may include measures of 

student growth toward such proficiency; and 

(v) For all schools, not less than one indicator of 

school quality or student success that allows for meaningful differentiation in school performance and is 

valid, reliable, comparable, and statewide, which may 

include measures of— 

(I) Student engagement; 

(II) Educator engagement; 

(III) Student access to and completion of advanced coursework; 

(IV) Postsecondary readiness; 

(V) School climate and safety; and 

(VI) any other indicator the state chooses that 

meets the requirements of this clause; and 

(vi) for all schools, the participation of at least 95 

percent of all students and at least 95 percent of students in each subgroup of students in the assessments 

required under subsection (b)(2). 

(C) Establish a system of annually meaningfully differentiating 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) afford substantial weight to each of the indicators described in clauses (i) through (iv) of subparagraph (B), and in the aggregate greater weight than is 

afforded to the indicator or indicators utilized by the 

state and described in subparagraph (B)(v), in the aggregate, with the weight given to the indicator described in clause (vi) of such subparagraph determined 

solely by the State; and 

(iii) include differentiation of any school in which 

any subgroup of students is consistently underperforming, as determined by the State, based on all indicators under subparagraph (B) and pursuant to the 

system established under this subparagraph; and 


smartinez on DSK4TPTVN1PROD with REPORTS
441 

(D) Based on the system of meaningful differentiation 

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

(i) at least once every three years, one statewide 

category of schools for comprehensive support and improvement as described in subsection (d)(1), which 

shall include— 

(I) at least the lowest-performing 5% of all 

Title I schools in the state; 

(II) all high schools in the state failing to 

graduate one third or more of their students; and 

(III) Schools described under subsection 

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

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

(E) SPECIAL RULES.— 

(i) The State educational agency shall begin identification of schools described in subparagraph (D) beginning with the 2017–2018 academic year; and 

(ii) For any student who has not attended the 

same school within a local educational agency for at 

least half of the academic year, the performance of any 

such student on the indicators described in clause (i) 

through clause (v) of subsection (c)(4)(B) may not be 

used in the system of meaningful differentiation of all 

public schools as described in subsection (c)(4)(C), except that such performance of any such student shall 

be used for the purpose of reporting on the State and 

local educational agency report cards required under 

subsection (h). 

Report Language: ‘‘The Conferees intend that States may have 

opt out policies if they so choose, but any student that opts out 

shall be included in the denominator for the purposes of calculating 

the 95 percent participation rate requirement and for measuring, 

calculating, and reporting proficiency for the purpose of accountability under section 1111(c) and (d). The State will make the decision regarding the consequences for a school that fails to comply 

with the requirement described in subparagraph (E).’’ 

(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 within 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 based on all indicators in the statewide accountability system established under subsection (c)(4), 

that— 


smartinez on DSK4TPTVN1PROD with REPORTS
442 

(i) is informed by all indicators in the statewide accountability system 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 school level budgeting, to be addressed through implementation; 

(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.—The State 

educational agency may— 

(i) permit differentiated improvement activities that 

utilize evidence-based interventions in any high schools 

identified pursuant to subsection (c)(4)(D)(i)(II) that predominantly serve 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) for any high school in the State identified pursuant 

to subsection (c)(4)(D)(i)(II) that has a total enrollment of 

less than 100 students, permit the local educational agency 

to forgo 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 pursuant to 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.—Students who use the option to 

transfer to another public school shall be enrolled in classes and other activities in the public school to which the 

students transfer in the same manner as all other children 

at the public school. 

(iv) SPECIAL RULE.—A local educational agency shall 

permit a child who transfers to another public school 

under this paragraph to remain in that school until the 

child has completed the highest grade in that school. 


smartinez on DSK4TPTVN1PROD with REPORTS
443 

(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 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 GEN- ERAL.—Each State educational agency receiving funds under 

this part shall, using the meaningful differentiation of schools 

described in subsection (c)(4)(C), notify each local educational 

agency in the state of any school within the local educational 

agency in which any subgroup of students is consistently 

underperforming as described in paragraph (4)(C)(iii) of such 

subsection, and such local educational agencies shall provide 

notification to any such school. 

(B) TARGETED SUPPORT AND IMPROVEMENT PLAN.—Each 

school receiving a notification described in this paragraph 

must, in partnership with stakeholders including principals 

and other school leaders, teachers and parents, develop and 

implement a school-level targeted support and improvement 

plan to improve student outcomes based on the indicators in 

the statewide accountability system established under subsection (c)(4), for the one or more student subgroup that caused 

the notification that— 

(i) is informed by all indicators in the statewide accountability system 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; and 

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

(v) result in additional action following unsuccessful 

implementation of such plan after a number of years determined by the local educational agency. 

(C) ADDITIONAL TARGETED SUPPORT.—Plans described in 

subparagraph (B) that are developed and implemented in any 

school receiving a notification from the local educational agency in which the performance of any subgroup of students would 

lead to identification for comprehensive support and improvement 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 shall 

begin annual differentiation of and notification to local educational agencies of any schools described in subparagraph (C) 

beginning with the 2017–2018 academic year. 

(3) CONTINUED SUPPORT FOR SCHOOL AND LOCAL EDU- CATIONAL AGENCY IMPROVEMENTS.—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— 


smartinez on DSK4TPTVN1PROD with REPORTS
444 

(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); 

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

in the state with a significant number of schools identified for comprehensive support and improvement 

under subsection (c)(4)(D)(i) and schools implementing 

targeted support and improvement plans under paragraph (2); and 

(iii) provide technical assistance to local educational agencies in the state with a significant number of schools implementing comprehensive support 

and improvement plans under paragraph (1) or 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 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) and 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 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. 

Report Language: ‘‘The Conferees intend for the provisions of 

this section to establish minimum requirements for State accountability systems, but not to preclude States from including addiVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00448 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
445 

tional elements or methods for identifying student and school performance, which may include using additional categories of students. Such additional elements or methods must not prevent the 

State from meeting the minimum requirements for meaningful differentiation, identification for improvement, and school support and 

interventions under this section, and the State must not use such 

additional elements or methods to reduce the number or percentage, or change, the schools that would otherwise be subject to the 

requirements of the State’s accountability system as described 

under 1111(c) and 1111(d).’’ 

144. The Senate bill, but not the House amendment, includes 

a definition for ‘‘category of students.’’ The definition includes the 

same categories as are included in the House amendment in paragraph (3)(B)(ii)(II). 

See note 143. 

145. The Senate bill and House amendment have different language requiring States to establish accountability systems. 

See note 143. 

146. The Senate bill and House amendment have different requirements for State accountability systems. 

See note 143. 

147. The Senate bill, but not the House amendment, requires 

States to include graduation rates, an academic indicator for elementary and middle schools, and English proficiency in their accountability systems. 

See note 143. 

148. The House amendment identifies the subgroups a State’s 

accountability system must identify. The subgroups are mostly 

identical to the ‘‘category of students’’ definition in the Senate bill, 

except that the Senate bill says ‘‘children with disabilities’’ and the 

House amendment says ‘‘students with disabilities’’. See note 145. 

See note 143. 

149. The Senate bill permits States to measure student growth 

in their accountability systems. The House amendment includes a 

mention of student growth in the assessment paragraph of the 

House amendment. See note 102. 

See note 143. 

150. The House amendment requires a system of school improvement for low-performing public schools receiving Title I funds 

as part of states’ accountability systems. The Senate bill includes 

section 1114 regarding school identifications, interventions, and 

supports to improve low-performing schools. See note 238. 

See note 143. 

151. The Senate bill, but not the House amendment, details 

the other indictor of school quality states must include in their accountability systems. 

See note 143. 

152. The Senate bill, but not the House amendment, includes 

requirements related to amount certain indicators must weigh in 

the State-designed accountability systems. 

See note 143. 

153. The Senate bill, but not the House amendment, requires 

State accountability systems to comply with Sec. 1114 of the Senate bill. 


smartinez on DSK4TPTVN1PROD with REPORTS
446 

See note 143. 

154. The Senate bill, but not the House amendment, requires 

State accountability systems to include a clear and understandable 

explanation of school identification and differentiation. 

See note 143. 

155. The Senate bill includes the requirement for states to assess 95 percent of their students within the accountability system. 

The House amendment included this provision within the assessment requirements of the House amendment. See note 115. 

See note 143. 

156. The House amendment and the Senate bill contain different language related to prohibitions on the Secretary. 

HR/SR with an amendment to strike paragraph (6) and 

insert a new subsection (e) of section 1111 as follows: 

(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 

(iii) be in excess of Statutory authority granted to 

the Secretary; 

(B) to, 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 8xxx, 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 State’s 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, if a State chooses to measure student 


smartinez on DSK4TPTVN1PROD with REPORTS
447 

growth, or the specific metrics used to measure 

such growth under this part; 

(IV) the specific 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 that State or local educational 

agencies establish and implement to intervene, 

support, and improve schools and 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; 

(IX) any aspect or parameter of a teacher, 

principal, or other school leader evaluation system 

within a State or local educational agency; or 

(X) indicators or specific measures of teacher, 

principal, or other school leader effectiveness or 

quality; 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). 

Report Language: ‘‘While it is the intent of the Conferees to 

allow the Secretary to issue regulations and guidance to clarify the 

intent and implement the law, Conferees intend to prohibit any 

such regulation that would create new requirements inconsistent 

with or outside the scope of the law, including regulations that 

would take from a State the authority to establish a Statewide Accountability System, thus undermining the intent of Congress that 

States establish and make decisions regarding the Statewide Accountability System required under this part. For example, the Secretary may issue regulations to implement or clarify the statutory 

requirement that the State meaningfully differentiate all public 

schools (such as requiring a statewide accountability system to inVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00451 Fmt 6601 Sfmt 6602 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
448 

dicate levels of school performance that are distinct and easy for 

parents to understand); however, in issuing such regulation, the 

Secretary may not, for example, require a State to meaningfully 

differentiate schools using an A–F grading system or other specific 

scoring rubric.’’ 

157. The Senate bill includes this provision as subsection 

(b)(4), while the House amendment includes it as paragraph (3)(E). 

HR/SR with an amendment to read as follows: 

(4) EXCEPTIONS FOR ENGLISH LEARNERS.— (A) ACCOUNTABILITY.—With respect to recently arrived 

English learners, a State may choose to— 

(i) exclude— 

(I) a recently arrived English learner who has 

attended school in one of the 50 States in the 

United States or in the District of Columbia for 

less than 12 months from one administration of 

the reading or language arts assessment required 

under paragraph (2); and 

(II) the results of a recently arrived English 

learner who has attended school in one of the 50 

States in the United States or in the District of 

Columbia for less than 12 months on either or 

both of the assessments under paragraph 

(2)(B)(v)(I) and paragraph (2)(F) for the first year 

of the English learner’s enrollment in a school in 

the United States for the purposes of the State-determined accountability system under subsection 

(c); or 

(ii)(I) assess, and report the performance of, a recently arrived English learner who has attended 

school in one of the 50 States in the United States or 

in the District of Columbia for less than 12 months 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 a school in the 

United States; and 

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

(aa) for the first year of the student’s enrollment in a school in the United States, exclude the 

results on these assessments; 

(bb) include a measure of student growth on 

the reading or language arts and mathematics assessments in the second year of the student’s enrollment; and 

(cc) include proficiency on the reading or language arts and mathematics assessments in the 

third year of the student’s enrollment. 

(B) ENGLISH LEARNER SUBGROUP.—A State may include the results on the assessments under paragraph 

(2)(B)(v)(I), except for results on the English language proficiency assessments required under paragraph (2)(G), of 

former English learners for not more than 4 years after 

the student is no longer identified as an English learner 


smartinez on DSK4TPTVN1PROD with REPORTS
449 

within the English learner subgroup of the subgroups of 

students, as defined in paragraph XX for the purposes of 

the State-determined accountability system. 

158. The Senate bill, but not the House amendment, allows a 

State to exclude recently arrived English learners from one administration of the State’s reading or language arts assessment. 

See note 157. 

159. The Senate bill allows the results of reading and math assessments of recently arrived English learners to be excluded from 

accountability determinations for one year, while the House 

amendment allows for two years in math and three years in reading. 

See note 157. 

160. The Senate bill, but not the House amendment, allows the 

results of former English learners to be included in the English 

learner category for 4 years. 

See note 157. 

161. The Senate bill refers to accountability provisions under 

this ‘‘title’’ while the House amendment refers to accountability 

provisions under this ‘‘Act.’’ 

SR 

162. The Senate bill, but not the House amendment, includes 

this paragraph on requirements. 

HR 

163. The House amendment, but not the Senate bill, includes 

this implementation timeline provision. 

HR 

164. The House amendment, but not the Senate bill, includes 

this provision on existing state law. 

SR 

165. The Senate bill and House amendment have different subsection headings. 

SR 

166. The Senate bill, but not the House amendment, includes 

additional state plan descriptions in subsection (c)(1). 

HR with an amendment to strike and insert the following: 

(g) OTHER PLAN PROVISIONS.— 

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

(B) 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; 

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

schools assisted under this part are not served at disproportionate rates by ineffective, out-of-field, and 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; however, nothing in this subparagraph 

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

system; 


smartinez on DSK4TPTVN1PROD with REPORTS
450 

(D) 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 

(iii) the use of aversive behavioral interventions 

that compromise student health and safety; 

(E) 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 to middle grades and 

high school in order to decrease student risk of dropping 

out; 

Report Language: ‘‘It is the Conferees’ intent that States describe how the unique needs of students are met, particularly those 

students in the middle grades and high schools. The Conferees intend that States will work with local educational agencies receiving 

assistance under this part to assist in identifying students who are 

at-risk of dropping out using indicators such as attendance and 

student engagement data, to ensure effective student transitions 

from middle to high school, including by aligning curriculum and 

student supports, and to assist in effective transitions from high 

school to postsecondary education through strategies such as partnerships between local educational agencies and institutions of 

higher education. Such strategies to improve transitions may include integration of rigorous academics, career and technical education, and work-based learning. In order to accomplish these priorities, the Conferees intend that States will provide professional 

development to teachers, principals, other school leaders, and other 

school personnel to ensure that the academic and developmental 

needs of middle and high school students are met.’’ 

(F) 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; 


smartinez on DSK4TPTVN1PROD with REPORTS
451 

(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; 

(G) 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 

(H) 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. 

Report Language: ‘‘It is the Conferees’ intent that each State 

describes how it will support local educational agencies and schools 

by providing resources and guidance, professional development, 

and technical assistance to reduce techniques, strategies, interventions, and policies that compromise the health and safety of students, such as seclusion and restraint.’’ 

167. The Senate bill, but not the House amendment, restructures these provisions as a paragraph (2). The Senate bill and 

House amendment have different lead-ins. 

HR 

168. The Senate bill and House amendment include different 

assurances. 

HR with an amendment to strike and insert the following: 

(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, and other 

school leader effectiveness for the purpose of meeting the 

requirements described in paragraph (1)(C); 

(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 


smartinez on DSK4TPTVN1PROD with REPORTS
452 

Act 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 in order 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 111ø8¿; 

(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 øevidencebased¿ 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 alternative certification requirements; 

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

appropriate; 

(L) the State educational agency has involved the committee of practitioners established under section 1503(b) in 

developing the plan and monitoring its implementation; 

øand¿ 

(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 Child 

Achieves Act of 2015; øand¿ 

(N) the State educational agency will provide the information described in clauses (ii), (iii), and (iv) of subsection (d)(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, and students with or without disabilities, which— 


smartinez on DSK4TPTVN1PROD with REPORTS
453 

(i) may be accomplished by including such information on the annual State report card described subsection (d)(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’). 

Report Language: ‘‘As used in section 8546, Prohibition on Aiding and Abetting Sexual Abuse, the phrase ‘‘has probable cause to 

believe’’ means that the person knows facts that would lead a reasonable person to conclude that a school employee, contractor, or 

agent has previously engaged in, or is currently engaging in, sexual 

misconduct.’’ 

169. The Senate bill, but not the House amendment, includes 

this rule of construction related to cross tabulation of data. 

HR with an amendment to strike and insert the following: 

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

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 categories of students under 

subsection (b)(3)(A) for the purposes of the State accountability system under subsection (b)(3); or 

(B) to require or prohibit States 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 in order to meet the requirements of paragraph (2)(N). 

170. The Senate bill, but not the House amendment, includes 

this paragraph regarding technical assistance related to cross tabulation of data. 

SR with an amendment to insert new subparagraph (B) 

within paragraph (4) to read as follows: 

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

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

(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 (d)(1)(C) for Asian and 

Native Hawaiian/Pacific Islander students using the same 


smartinez on DSK4TPTVN1PROD with REPORTS
454 

race response categories as the decennial census of the 

population, assist such State educational agency in such 

disaggregation and in using such data to improve academic outcomes for such students. 

Report Language: ‘‘The Conferees recognize that achievement 

data for the subgroups of students described in subsection 

1111(c)(2) can mask particular challenges that ethnic minorities 

within each subgroup face. The Conferees encourage States that 

collect disaggregated data on ethnic minorities within individual 

subgroups, such as disaggregated data for Asian and Native Hawaiian/Pacific Islander students using the same race response categories as the decennial census of the population to make such information publicly available, so long as such disclosure does not reveal any personally identifiable information for any student.’’ 

171. The House amendment, but not the Senate bill, includes 

this requirement regarding parental involvement. 

HR 

172. The Senate bill and House amendment include the requirement for reports in different subsections. 

LC 

173. The Senate bill and House amendment have different 

wording, and the House amendment includes additional language 

on dissemination. The Senate bill includes similar dissemination 

language in subparagraph (B)(i)(III) of the Senate bill. See note 

176. 

HR/SR with an amendment to read as follows: 

(d) 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.— 

(i) IN GENERAL.—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 the State report card, øand¿ 

all local educational agency report cards required 

under paragraph (2), øand the annual report to 

the Secretary under paragraph (5)¿ available on a 

single webpage of the State educational agency’s 

website. 

(ii) ENSURING PRIVACY.—No State report card required under this paragraph shall include any personally identifiable information about any student. Each 

such report card shall be consistent with the privacy 

protections under section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly 


smartinez on DSK4TPTVN1PROD with REPORTS
455 

known as the ‘Family Educational Rights and Privacy 

Act of 1974’). 

(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)(2), 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)(1), for use in the accountability system under subsection ø(c)¿. (II) the goals and measurements of interim 

progress for all students and for each of the subgroups of students, as defined in subsection 

(c)(2)(A); 

(III) the indicators used in the accountability 

system described in subsection (c)(2)(B) to meaningfully differentiate all schools; 

(IV) The State’s system for meaningfully differentiating all schools, including— 

(aa) the specific weight of the indicators 

described in (c)(2)(B) in such differentiation; 

(bb) the criteria by which the State differentiates all schools; 

(cc) the criteria by which the State differentiates a school as consistently underperforming for any subgroup of students described in section (c)(2)(C)(iii), including the 

time period used by the State to determine 

consistent underperformance; and 

(dd) the criteria by which the State identifies a school for comprehensive support and 

improvement as required under subsection 

(c)(2)(D)(i); 

(V) the number and names of all schools identified by the State for comprehensive support and 

improvement under subsection (c)(2)(D)(i) or targeted support and improvement under subsection 

(d)(2); 

(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); 

(ii) For all students and disaggregated by each 

subgroup of students described in subsection 

(b)(2)(B)ø(xi)¿, homeless status, status as a child in 

foster care, and status as a student with a parent who 

is an active duty (as defined in section 101(d)(1) of 

title 10, United States Code) member of the Armed 

Forces (as defined in section 101(a)(4) of such title) except that such disaggregation shall not be required in 

a case in which the number of students in a subgroup 


smartinez on DSK4TPTVN1PROD with REPORTS
456 

is insufficient to yield statistically reliable information 

or the results would reveal personally identifiable information about an individual student, 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). 

Report Language: ‘‘It is the Conferees’ intent that States and 

districts may also include students with a parent in the National 

Guard or Reserves as part of the group of students with a parent 

who is an active member of the Armed Forces.’’ 

(iii) For all students and disaggregated by each of 

the subgroups of students, as defined in subsection 

(c)(1), and for purposes of subclause (II), homeless status and status as a child in foster care, except that 

such disaggregation shall not be required in a case in 

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

results would reveal personally identifiable information about an individual student— 

(I) information on the performance on the 

other academic indicator under subsection 

(c)(2)(B)(ii) for 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 4- 

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)(1), except that such disaggregation shall not be required in a case 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, 

information on the performance on the other indicator 

or indicators of school quality or student success under 

subsection (c)(2)(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)(1), toward meeting the State-designed long 

term goals under subsection (c)(2)(A), including the 

progress of all students and each subgroup of students 

against the State measurements of interim progress 

established under such subsection. 

(vii) For all students and disaggregated by each 

subgroup of students described in subsection 

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

and not assessed. 


smartinez on DSK4TPTVN1PROD with REPORTS
457 

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

the State in response to the following question numbers (from the 2013–14 list of elements spreadsheet 

made available by the Secretary), in accordance with 

the 2013–2014 data collection conducted pursuant to 

section 203(c)(1) of the Department of Education Organization Act (20 U.S.C. 3413(c)(1): 

(aa) P2Q17T2, P2Q18T2; 

(bb) P2Q23T1; 

(cc) P2Q17T5, P2Q17T6, P2Q18T5, P2Q18T6; 

(dd) P2Q17T9, P2Q18T9 

(ee) PTQ30T1, P2Q31T1, P2Q31T2, P2Q31T3; 

(ff) P2Q17T8, P2Q18T8; 

(gg) P2Q10T1; 

(hh) P1Q08T1; and 

28(ii) P1Q27T1, P1Q23T1, and P1Q37T1. 

(II) With respect to such data collections conducted after the 2013–2014 data collection, notwithstanding any modifications to question number designations from the 2013–14 list of elements spreadsheet, the information submitted by the State educational agency and each local educational agency in 

the State in response to question numbers substantially corresponding to the 2013–2014 question number designations referred to in subclause (I). 

(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 that take an 

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

grade and subject, except that such reporting shall not 

be required in a case in which the results would reveal 

personally identifiable information about an individual 

student. 

(xii) Results on the National Assessment of Educational Progress in reading and mathematics in 


smartinez on DSK4TPTVN1PROD with REPORTS
458 

grades 4 and 8 for the State, compared to the national 

average. 

(xiii) where available, for each high school in the 

State, and beginning with the report card released in 

2017, the cohort rate (in the aggregate, and 

disaggregated for each subgroup of students defined in 

subsection (b)(3)(A), except that such disaggregation 

shall not be required in a case in which the number 

of students is insufficient to yield statistically reliable 

information or the results would reveal personally 

identifiable information about an individual student) 

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; and 

(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 and reported by States only in 

a manner consistent with section 113(c) of that Act. 

(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 ø(b)(2)(B)(xi)/(xii)¿. 

(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) DATA.—A local educational agency or school shall 

only include in its annual local educational agency report 

card data that are sufficient to yield statistically reliable 

information, that do not reveal personally identifiable information about an individual student. Each such report 

card shall be consistent with the privacy protection under 

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’’. 

(C) IMPLEMENTATION.—Each local educational agency 

report card shall be— 


smartinez on DSK4TPTVN1PROD with REPORTS
459 

(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. 

(D) 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 under 

paragraph (1)(C), except for clause (xv) 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. 

174. The Senate bill and House amendment structure subparagraph (B) differently. 

See note 173. 

175. The Senate bill and House amendment have slightly different wording in clause (ii)/(II). 

See note 173. 

176. The Senate bill, includes a subclause (III) on dissemination which is similar to the requirement in subparagraph (A) of the 

House amendment. 

See note 173. 

177. The Senate bill and House amendment include different 

language on privacy. The Senate bill references FERPA and the 

House amendment contains a broad prohibition on the data. 

See note 173. 

178. The House amendment and Senate bill have different required information provisions for the report cards. 

See note 173. 


smartinez on DSK4TPTVN1PROD with REPORTS
460 

179. The Senate bill, but not the House amendment, includes 

this rule of construction. 

See note 173. 

180. The House amendment includes a separate provision permitting additional, optional information to be included on the report cards. The Senate bill contains a similar provision in subparagraph (C)(xxi) of the Senate bill. 

See note 173. 

181. The Senate bill and House amendment have different 

wording for requiring annual local educational agency report cards. 

The Senate bill, but not the House amendment, requires the LEA 

report card to include information for the LEA as a whole and individual report cards for each school served by the LEA. 

See note 173. 

182. The Senate bill and House amendment include similar 

language on privacy. The Senate bill includes a reference to 

FERPA. 

See note 173. 

183. The Senate bill, but not the House amendment, includes 

this implementation provision. The Senate bill includes dissemination language. The Senate bill also includes a subparagraph (D), 

and the House amendment a subparagraph (E), on dissemination. 

See note 186. 

See note 173. 

184. The Senate bill and House amendment include different 

minimum requirements provisions. 

See note 173. 

185. The Senate bill and House amendment include similar 

language on other information. 

See note 173. 

186. The Senate bill and House amendment include similar 

provisions on public dissemination. See note 183. 

HR with an amendment to strike ‘‘and;’’ insert after 

‘‘schools’’ the following: 

in a manner that is— 

(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 on the website of 

each school served by the agency; and 

(II) in any case in which a local educational 

agency or school does not operate a website, providing the information to the public in another 

manner determined by the local educational agency. 

187. The Senate bill, but not the House amendment, includes 

this exception related to LEA report cards. 

HR 

188. The Senate and bill and House amendment, include similar provisions on preexisting report cards. 

SR 


smartinez on DSK4TPTVN1PROD with REPORTS
461 

189. The Senate bill, but not the House amendment, includes 

this cost reduction provision. 

HR 

190. The Senate bill, but not the House amendment, includes 

this annual state report to the Secretary. 

HR with an amendment to strike and insert the following: 

(4) 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)(3), including the disaggregated results for the subgroups of students identified in subsection (c)(2); 

(B) information on the acquisition of English proficiency by English learners; 

(C) the number and names of each school— 

(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— 

(i) Inexperienced teachers; 

(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. 

191. The Senate bill, but not the House amendment, includes 

this provision on presentation of data. 

HR with an amendment to strike ‘‘(A) IN GENERAL—’’ 

in subparagraph (A) and strike subparagraph (B) 

192. The Senate bill, but not the House amendment, includes 

this report to Congress. 

HR 

193. The Senate bill, but not the House amendment, includes 

this Secretary’s report card. 

SR 

194. The House amendment, but not the Senate bill, includes 

this subsection on privacy. The Senate includes these requirements 

in the State and local report card sections (see notes 178 and 182). 

SR with an amendment to insert ‘‘or disseminated’’ after 

collected. Strike ‘‘and’’ between collected and disseminated’’ 

and insert ‘‘or’’ 

195. The Senate bill and House amendment have different voluntary partnerships provisions. 

SR with amendment to strike ‘‘, either directly or indirectly,’’ 

196. The Senate bill and House amendment include similar 

language on BIE schools. 

SR 


smartinez on DSK4TPTVN1PROD with REPORTS
462 

197. The House amendment and Senate bill are structured differently, but both strike and replace section 1112. 

LC 

198. The Senate bill and House amendment have different requirements under subsection (a)(1), including different coordination 

requirements. With regard to the timely consultation language in 

the Senate bill, see note 202. 

HR/SR with an amendment to insert the following: 

SEC. 1112. 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, 

public 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, the Rehabilitation Act of 1973, the Carl D. Perkins 

Career and Technical Education Act of 2006, the Workforce Innovation and Opportunity Act, the Head Start Act, 

the McKinney-Vento Homeless Assistance Act, the Adult 

Education and Family Literacy Act, and other Acts as appropriate. 

(2) CONSOLIDATED APPLICATION.—The plan may be submitted as part of a consolidated application under section 

ø9305¿. 

(3) STATE APPROVAL.— 

(A) IN GENERAL.—Each local educational agency plan 

shall be filed according to a schedule established by the 

State educational agency. 

(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 

enable children served under this part to meet the 

challenging State academic standards described in section 1111(b)(1); 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 of 2015 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. 


smartinez on DSK4TPTVN1PROD with REPORTS
463 

(6) RULE OF CONSTRUCTION.—Consultation required under 

subsection (a)(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 who are not, 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 determined as needing help in meeting the 

challenging State academic standards; and 

(D) identifying and implementing øevidence-based¿ 

methods and instructional strategies intended to strengthen academic programs and improve school conditions for 

student learning; 

Report Language: ‘‘The Conferees intend that using funds to 

improve school conditions for student learning might also include 

reducing incidences of violence, drug and alcohol use and abuse, 

and chronic absenteeism (including both excused and unexcused 

absences). It is the Conferees further intent that States support 

local educational agencies to reduce these incidences at the school 

level.’’ 

(3) how the local educational agency will identify and address, as required under State plans as described in section 

1111(c)(1)(B), any disparities that result in low-income students and minority students being taught at higher rates than 

other students by ineffective, inexperienced, and out-of-field 

teachers; 

(2) how the local educational agency will carry out its responsibilities under paragraphs (1) and (2) of section 1111(d); 

(3) the poverty criteria that will be used to select school attendance areas under section 1113; 

(4) 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; 

(5) the services the local educational agency will provide 

homeless children and youths, including services provided with 

funds reserved under section 1113ø(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; 


smartinez on DSK4TPTVN1PROD with REPORTS
464 

(6) the strategy the local educational agency will use to implement effective parent and family engagement under section 

ø1115¿; 

(7) 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; 

(8) 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; 

(9) 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, through coordination with 

institutions of higher education, employers, and other local 

partners and through increased student access to early college 

high school or dual or concurrent enrollment opportunities, or 

career counseling to identify student interests and skills; 

(10) 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); 

(11) 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; 

(B) work-based learning opportunities that provide 

students in-depth interaction with industry professionals 

and, if appropriate, academic credit, and 

(12) 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— 

(A) assist schools in identifying and serving gifted and 

talented students; 

(B) assist schools in developing effective school library 

programs to provide students an opportunity to develop 

digital literacy skills and improve academic achievement. 

Report Language: ‘‘The Conferees intend that local educational 

agencies may choose to use Title I money for many innovative initiatives to provide students a well-rounded education, which may 

include supporting gifted and talented students, expanding access 

to Advanced Placement or International Baccalaureate programs, 


smartinez on DSK4TPTVN1PROD with REPORTS
465 

or using funds to support efforts to expand and replicate successful 

practices from high-performing charter schools, magnet schools, 

and traditional public schools.’’ 

(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 ø1120¿, 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; 

(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, 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 øEvery Student Succeeds Act of 2015, 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— 

(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 


smartinez on DSK4TPTVN1PROD with REPORTS
466 

(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 

alternative certification requirements; 

(7) in the case of a local educational agency that chooses 

to use funds under this part to provide øearly 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; 

199. The Senate bill and House amendment have identical consolidated application provisions, except the Senate bill references 

section 9305 and the House amendment references section 6305. 

See note 198. 

200. The Senate bill and House amendment include similar 

language on State review and approval. The House amendment includes this language as subsection (f). 

See note 198. 

201. The House amendment, but not the Senate bill, includes 

this language on State review. 

See note 198. 

202. The House amendment includes consultation language as 

subsection (e)(1). 

See note 198. 

203. The Senate bill and House amendment include similar duration language. 

See note 198. 

204. The Senate bill and House amendment have different review provisions. 

See note 198. 

205. The Senate bill, but not the House amendment, includes 

this renewal provision. 

See note 198. 

206. The Senate bill and House amendment have different 

lead-ins to paragraph (1). 

See note 198. 

207. The Senate bill and House amendment have different 

plan provisions. 

See note 198. 

208. The Senate bill, but not the House amendment, has language on teacher qualifications. 

See note 198. 

209. The Senate bill and House amendment have different language on disparities in access to effective teachers. 

See note 198. 

210. The Senate bill and House amendment have different requirements for how local educational agencies will implement the 

bill’s school improvement and intervention requirements. 

See note 198. 

211. The Senate bill and House amendment have similar provisions related to operation of Title I programs. 


smartinez on DSK4TPTVN1PROD with REPORTS
467 

See note 198. 

212. The House amendment includes this provision on migrant 

children. The Senate bill includes similar language as an assurance. See note 225. 

See note 198. 

213. The Senate bill and House amendment use different section references. 

See note 198. 

214. The Senate bill and House amendment have similar language on family engagement with different section references. 

See note 198. 

215. The Senate bill and House amendment have different language on preschool programs. 

See note 198. 

216. The Senate bill and House amendment have different coordination language. 

See note 198. 

217. The Senate bill and House amendment have similar language about identifying students in targeted assistance schools. 

See note 198. 

218. The Senate bill, but not the House amendment, includes 

this language on multi-tiered systems of support. 

See note 198. 

219. The Senate bill, but not the House amendment, includes 

language on providing opportunities for homeless children and 

youths. 

See note 198. 

220. The Senate bill, but not the House amendment, includes 

this provision on transitions from middle to high school and high 

school to postsecondary education. The House amendment includes 

a similar provision in paragraph (15) of the House amendment. See 

note 223. 

See note 198. 

221. The Senate bill, but not the House amendment, includes 

provisions on discipline, school climate, and expectant and parenting students. 

See note 198. 

222. The Senate bill and House amendment have different language on career and technical education. 

See note 198. 

223. The House amendment, but not the Senate bill, includes 

language on Advanced Placement and International Baccalaureate 

programs, school counselors, and before-school, after-school, and 

summer school programs. The Senate bill includes a related provision in paragraph (14) of the Senate bill. See note 220. 

See note 198. 

224. The Senate bill, but not the House amendment, includes 

language on additional information related to gifted and talented 

students, school libraries, and well-rounded education. 

See note 198. 

225. The Senate bill includes a provision on migratory children. See note 212. 

See note 198. 


smartinez on DSK4TPTVN1PROD with REPORTS
468 

226. The Senate bill and House amendment include similar 

language on private school students. 

See note 198. 

227. The Senate bill and House amendment include similar 

language on participation in NAEP. 

See note 198. 

228. The Senate bill and House amendment have different assurances. 

See note 198. 

229. The House amendment, but not the Senate bill, includes 

this special rule relating to Head Start performance standards. 

SR with an amendment to insert before the period in (2) 

‘‘including pursuing the availability of other federal, state, 

and local funding sources to assist in compliance in such 

paragraph.’’ 

230. The Senate bill includes this language on parents rightto-know. The House amendment includes similar language in Title 

II, section 2402. 

HR/SR with an amendment to read as follows: 

(d) 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 and; 

(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 


smartinez on DSK4TPTVN1PROD with REPORTS
469 

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 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 Sec. 

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. 

(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.) 

Report Language: ‘‘The Conferees intend that when a local 

educational agency reports on the schedule of assessments that are 

required districtwide by such agency, such information will include 

both the time of day, if known by the local educational agency at 

the time of notification, and the date or dates within the school 

year the assessments will be administered.’’ 

231. The Senate bill includes this additional information in the 

parents right-to-know. The House amendment includes similar lanVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00473 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
470 

guage in section 1111(h)(4). With regard to subparagraph (B) of the 

House amendment, see note 237. 

See note 230. 

232. The Senate bill, but not the House amendment, includes 

this language on timely notice. 

See note 230. 

See 233. The Senate bill, but not the House amendment, includes this language on testing transparency. 

See note 230. 

234. The Senate bill and House amendment include similar 

language on language instruction. 

HR/SR with an amendment to strike and replace to read 

as follows: 

(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 4-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; and 

(viii) information pertaining to parental rights 

that includes written guidance— 


smartinez on DSK4TPTVN1PROD with REPORTS
471 

(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 

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.—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 be involved in the education of their children, and be active 

participants in assisting their children to attain English 

proficiency, achieve at high levels in core academic subjects, and meet the challenging State academic standards 

expected of all students, including holding, and sending 

notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations 

from parents of students assisted under this 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. 

(3) 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. 

235. The Senate bill and House amendment include different 

language on format and language. 

See note 234. 

236. The Senate bill applies the language to all of subsection 

(d). The House amendment applies the language only to parental 

notification regarding language instruction. 

See note 234. 

237. The House amendment includes other format language in 

section 1111(h)(4)(B). See note 231. 

See note 234. 

238. The Senate bill includes a new section 1114 dealing with 

school identification, interventions, and support. The House amendment repeals sections 1116 and 1117 dealing with school improvement, support, and recognition. 


smartinez on DSK4TPTVN1PROD with REPORTS
472 

SR 

239. The Senate bill, but not the House amendment, includes 

grants for school interventions and support. See note 35. 

SR 

240. The Senate bill includes this rule of construction. The 

House amendment includes nearly identical language in a section 

1405 in the general provisions of Title I. The Senate bill language 

applies to section 1114 of the Senate bill. The House amendment 

language applies to all of Title I. 

SR 

241. The Senate bill strikes section 1119 and redesignates sections. The House amendment maintains and makes changes to subsections of section 1119 dealing with paraprofessionals. 

HR 

242. The Senate bill and House amendment have different section headings. 

LC 

243. The Senate bill, but not the House amendment, redesignates section 1120A as section 1117. 

LC 

244. The House amendment, but not the Senate bill, makes a 

technical change throughout. 

HR 

245. The House amendment, but not the Senate bill, strikes 

subsection (a). 

HR 

246. The Senate bill, but not the House amendment, rewrites 

subsection (b). 

HR with an amendment to strike ‘‘establish any criterion that specifies, defines, or prescribes’’ and insert ‘‘prescribe’’ in paragraph (4). 

247. The Senate bill and House amendment have different section headings. 

LC 

248. The Senate bill, but not the House amendment, redesignates section 1120B as section 1118. 

LC 

249. The House amendment, but not the Senate bill, makes a 

technical change throughout. 

HR 

250. The Senate bill and House amendment make similar 

changes to subsection (a). 

SR 

251. The Senate bill and House amendment make similar 

changes to subsection (b). 

HR 

252. The Senate bill and House amendment have different section numbers. 

HR/SR with an amendment to strike and replace with 

the following: 

øSEC. 1XXX¿. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE INTERIOR.’’ 

and that follows through paragraph (3) and insert the following: 


smartinez on DSK4TPTVN1PROD with REPORTS
473 

SEC. XXX. Section 1121 of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6331) is amended to read as follows: 

SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY 

OF THE INTERIOR. 

(a) RESERVATION OF FUNDS.—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 million for the Republic of Palau, 

until Palau enters into an agreement for extension of 

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 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 this subsection 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 


smartinez on DSK4TPTVN1PROD with REPORTS
474 

(B) to provide direct educational services that assist all 

students with meeting challenging State academic content 

standards. 

(c) DEFINITION.—For the purpose of subsections (a) and (b), 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 special educational needs 

of— 

(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) in any fiscal year, the amount available for allocation to all States under this øpart/subpart¿ would be less than 

the amount allocated to States for fiscal year 2016, the Secretary 

shall provide assistance to the Outlying Areas and the Secretary of 

the Interior in accordance with this section, as in effect before the 

enactment of the Every Student Succeeds Act of 2015’’. 

253. The House amendment, but not the Senate bill, changes 

section references to reflect restructuring of the House amendment. 

The Senate bill and House amendment eliminate reference to section 1125A(f). See note 286. 

See note 252. 

254. The House amendment, but not the Senate bill, changes 

the Act reference. 

See note 252. 

255. The House amendment, but not the Senate bill, strikes 

the requirement for consideration of recommendations from the Pacific Region Educational Laboratory. 

See note 252. 

256. The Senate bill and House amendment make similar 

changes to language regarding standards. 

See note 252. 


smartinez on DSK4TPTVN1PROD with REPORTS
475 

257. The House amendment, but not the Senate bill, strikes 

the administrative costs for the Pacific Region Educational Laboratory. 

See note 252. 

258. The House amendment, but not the Senate bill, makes a 

technical change. 

See note 252. 

259. The Senate bill and House amendment have different section numbers. 

LC 

260. The Senate bill and House amendment rewrite subsection 

(a) in different ways. 

SR with an amendment to strike and replace with the 

following: 

SEC. ø124¿. ALLOCATIONS TO STATES. 

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

(1) in subsection (a)— 

(A) in the lead-in to paragraph (1), by striking ‘‘2002– 

2007’’ and inserting ‘‘2017–2020’’; and 

(B) by striking paragraph (3) and inserting: 

(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. 

261. The Senate bill, but not the House amendment, change 

‘‘2001’’ to ‘‘2015’’ most places. 

SR 

262. The House amendment, but not the Senate bill, requires 

the amounts to be divided equally between sections 1125 and 

1125A. 

SR 

263. The House amendment, but not the Senate bill, includes 

a technical edit. 

HR 

264. The Senate bill, but not the House amendment, makes 

this change to the section references. 

SR 

265. The Senate bill, but not the House amendment, includes 

changes to subsection (b)(2). 

SR 

266. The Senate bill, but not the House amendment, makes a 

change to subsection (c)(1). 

SR 

267. The House amendment, but not the Senate bill, makes a 

technical change. 

HR 

268. The House amendment, but not the Senate bill, makes a 

technical change. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
476 

269. The Senate bill, but not the House amendment, makes a 

change regarding section references. 

SR 

270. The Senate bill, but not the House amendment, includes 

this new section 1123. 

SR 

271. The House amendment, but not the Senate bill, makes 

technical changes to section 1124 consistent with the restructuring 

of the House amendment. 

HR 

272. The House amendment, but not the Senate bill, makes 

changes to section 1125. 

HR 

273. The Senate bill and House amendment have different section numbers and headings. 

LC 

274. The Senate bill makes a technical change in a section reference in subsection (b). The House amendment restates subsection 

(b) of current law as subsection (a) but makes no changes. 

SR on Senate change in subsection (b) 

SR on restating subsection (b) as subsection (a), with an 

amendment to strike: ‘‘Sec. 1125AA. Adequacy of Funding 

to Local Educational Agencies in Fiscal Years After Fiscal 

Year 2001. (a) Limitation of Allocation.—Pursuant’’ and insert: ‘‘Sec. 1125AA. Adequacy of Funding to Local Educational Agencies in Fiscal Years After Fiscal Year 2001.— 

Pursuant’’ 

275. The House amendment, but not the Senate bill, rewrites 

as subsection (b) the findings in subsection (a) of current law. 

HR with an amendment to strike subsection (b) 

276. The Senate bill and House amendment have different section numbers. 

LC 

277. The House amendment, but not the Senate bill, makes a 

technical change throughout. 

HR 

278. The Senate bill, but not the House amendment, makes a 

technical edit in subsection (a). 

HR with an amendment to strike the Senate language 

and insert the following: 

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

under subsection (f)’ and inserting ‘funds made available 

under section 1122(a)’;’’ 

279. The Senate bill and House amendment make different 

technical edits in subsection (b) 

SR 

280. The Senate bill, but not the House amendment, makes 

technical edits to subsections (c) and (d). 

HR 

281. The House amendment, but not the Senate bill, strikes 

subsections (a), (e), and (f), and redesignates. See notes 285 and 

286. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
477 

282. The House amendment, but not the Senate bill, makes 

further technical changes to subsection (b), as redesignated above. 

SR with an amendment to strike ‘‘in subsection (b), as so 

redesignated,’’ and inserting ‘‘in subsection (c)’’ 

283. The House amendment, but not the Senate bill, makes 

changes to subsection (c). 

HR 

284. The House amendment, but not the Senate bill, adds a 

subsection (e) regarding application of provisions in this section. 

HR 

285. The Senate bill, but not the House amendment, rewrites 

subsection (e). See note 281. 

HR 

286. The Senate bill and House amendment strike subsection 

(f). See note 281. 

LC 

287. The Senate bill, but not the House amendment, makes 

technical changes to subsection (f) as redesignated above. 

HR 

288. The Senate bill, but not the House amendment, makes a 

technical change throughout section 1126. 

SR 

289. The House amendment, but not the Senate bill, makes a 

technical edit throughout section 1127. 

HR 

290. The House amendment, but not the Senate bill, includes 

this new section 1128. 

HR 

SEC. 1113 

1. The Senate bill combines sections 1113, 1114, and 1115 of 

current law into section 1113. The House amendment amends section 1113 and maintains separate sections 1114 and 1115. 

SR 

2. The House amendment, but not the Senate bill, changes references to ‘‘part’’ to be consistent with structural changes in Title 

I in the House amendment. 

LC 

3. The Senate bill restructures to make the eligible attendance 

areas a subsection (a) to reflect the new structure of this section. 

The Senate bill changes section, paragraph, etc. references 

throughout to reflect this change. 

SR 

4. The Senate bill has slight wording differences in the leadin to clause (i). 

LC 

5. The Senate bill, but not the House amendment, restructures 

subparagraph (C) to reflect the new clause (ii). See note 7. 

SR 

6. The Senate bill, but not the House amendment, includes a 

50 percent concentration requirement for high schools. 

SR with an amendment to strike the period at the end 

of (B) and insert a semicolon and insert ‘‘(C) Exception—A 

local educational agency may lower the threshold in subVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00481 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
478 

clause (I) to 50 percent for high schools served by such 

agency.’’ 

7. The Senate bill, but not the House amendment, adds language creating a rule of construction for the new requirement in 

the Senate bill related to high schools. 

SR 

8. The Senate bill, but not the House amendment, restructures 

subparagraph (E) in order to add the new clause (ii) related to secondary schools. See note 10. 

HR 

9. The Senate bill, but not the House amendment, includes 

minor wording changes. 

HR with an amendment to strike ‘‘established under 

title XIX of the Social Security Act’’. 

10. The Senate bill, but not the House amendment, adds a new 

provision to allow a LEA to use a feeder pattern to determine the 

number of students from low-income families in high schools. 

HR with amendment to insert ‘‘after meeting the conditions in clause (iii)’’ after ‘‘which shall be’’ and insert a new 

clause (iii) to read as follows: 

(iii) MEASURE OF POVERTY.—The local educational 

agency shall have the option to use the measure of 

poverty described in clause (ii)(II) after conducting 

outreach to secondary schools within such agency regarding the ability to calculate poverty as described in 

such clause and after a majority of secondary schools 

in the local educational agency have approved such 

measure. 

11. The Senate bill, but not the House amendment, changes a 

paragraph reference in subparagraph (A) to reflect the different 

structure in the Senate bill. 

SR 

12. The Senate bill, but not the House amendment, changes 

this reference from section 1120A(c) to section 1117(c) to reflect restructuring in the Senate bill. 

SR with an amendment to strike ‘‘1117(c) and insert 

‘‘1118(c)’’ 

13. The Senate bill, but not the House amendment, changes 

the reference from sections 1114 and 1115 to ‘‘this section’’ in subclause (II) to reflect the restructuring in the Senate bill. 

SR 

14. The Senate bill, but not the House amendment, changes 

the reference from subsections to paragraphs to reflect the restructuring in the Senate bill. 

HR 

15. The Senate bill, but not the House amendment, changes 

‘‘paragraph’’ to ‘‘clause’’. 

SR 

16. The House amendment, but not the Senate bill, changes 

the reference to ‘‘subpart 2’’ to reflect restructuring. 

HR 

17. The House amendment, but not the Senate bill, changes 

the reference to section 1116(b). 


smartinez on DSK4TPTVN1PROD with REPORTS
479 

SR with an amendment to strike ‘‘school improvement, 

corrective action, and restructuring under section 1116(b)’’ 

and insert ‘‘comprehensive support and improvement activities or targeted support and improvement activities under 

section 1111(d)’’ 

18. The Senate bill, but not the House amendment, eliminates 

the financial incentives and rewards reservation. 

SR 

19. The Senate bill, but not the House amendment, restructures the reservation of funds. The House amendment makes no 

changes to this provision in current law. 

HR 

20. The Senate bill, but not the House amendment, strikes 

‘‘who do not attend participating schools’’ in clause (i). 

HR 

21. The Senate bill, but not the House amendment, allows this 

reservation of funds to be determined based on a needs assessment 

of homeless children and youth. 

HR with an amendment to redesignate ‘‘(B)’’ as ‘‘(C)’’ and 

insert the following: 

(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 of transfers by the local educational agency; and 

(C) HOMELESS CHILDREN AND YOUTH.— 

22. The Senate bill, but not the House amendment, includes 

this language on reserving funds for early childhood education. 

HR 

23. The Senate bill, but not the House amendment, requires 

school districts to determine whether schools operate schoolwide or 

targeted assistance programs based on a needs assessment. 

SR 

24. The Senate bill combines section 1114 into section 1113 as 

subsection (c) and changes section, paragraph, etc. references accordingly. The House amendment amends section 1114. 

SR 

25. The Senate bill, but not the House amendment, changes 

the headings of subsection (a) and subsection (a)(1) of current law 

(or paragraph (1) and paragraph (1)(A) of the Senate bill). 

LC 

26. The House amendment, but not the Senate bill, changes 

references to ‘‘part’’ throughout. 

LC 

27. The House amendment removes the 40 percent threshold. 

The Senate bill allows schools below the 40 percent threshold to operate schoolwide programs if the local educational agency allows it 

based on the needs assessment. 

HR with an amendment to strike ‘‘if’’ and all that follows 

through the end and insert ‘‘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 


smartinez on DSK4TPTVN1PROD with REPORTS
480 

of the students in the school served under this part in improving academic achievement and other factors’’ 

(c) SCHOOLWIDE PROGRAMS.— (1) IN GENERAL.— (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 

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— 

(i) receives a waiver from the State educational 

agency to do so after taking into account how; 

(ii) 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. 

28. The Senate bill, but not the House amendment, rewrites 

section 1114(b) of current law as a new paragraph (2). The House 

amendment maintains section 1114(b) of current law but makes 

changes. 

SR on maintaining section 1114. HR/SR with an amendment to strike (2) and insert the following: 

(2) SCHOOLWIDE PROGRAM PLAN.—An eligible school operating a schoolwide program shall develop (or amend a plan for 

such a program that was in existence on the day before the 

date of enactment of the Every Student Succeeds Act a comprehensive plan, in consultation with the local educational 

agency, to the extent feasible, tribes and tribal organizations 

present in the community, and other individuals as determined 

by the school, that— 

(A) is developed during a 1-year period, unless— 

(i) the local educational agency determines in consultation with the school that less time is needed to 

develop and implement the schoolwide program; or 

(ii) the school is operating a schoolwide program 

on the day before the date of 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; 

(B) 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, and administrators (including administrators of 

programs described in other parts of this title), and, if apVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00484 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
481 

propriate, specialized instructional support personnel, 

technical assistance providers, school staff, and, if the plan 

relates to a secondary school, students; 

(C) 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; 

(D) 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; 

(E) 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 interventions and supports for 

schools identified for comprehensive support and improvement under section 1111(c)(4)(D)(i) or targeted support and 

improvement under section 1111(d)(2); 

(F) 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 under section 

1111(b)(1), 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 

(G) includes a description of— 

(i) 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 under section 

1111(b)(1); 

(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 wellrounded 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— 

(aa) counseling, school-based mental health 

programs, specialized instructional support servVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00485 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
482 

ices, mentoring services, and other strategies to 

improve student’s skills outside the academic subject areas; 

(bb) 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; 

(cc) 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; 

(dd) 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 

(ee) strategies for assisting preschool children 

in the transition from early childhood education 

programs to local elementary school programs; 

and 

(ii) 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. 

Report Language: ‘‘It is the Conferees’’ intent that all programs 

and schoolwide services and activities funded under this Act are coordinated with similar services and activities under the Individuals 

with Disabilities Education Act, especially when specifically authorized, such as with early intervening services and positive behavioral interventions and supports.’’ 

29. The Senate bill, but not the House amendment, restructures section 1114(a)(2) to make it a paragraph (3) of section 

1113(c). 

SR 

30. The Senate bill and House amendment make different technical changes to subparagraph (A). 

LC 

31. The Senate bill, but not the House amendment, removes a 

reference to 1120A(b) after ‘‘supplementary’’. 

HR 

32. The Senate bill, but not the House amendment, adds a reference to section 1117. 

HR with an amendment to strike ‘‘1117’’ and insert 

‘‘1118’’ 

33. The Senate bill and House amendment both make a technical change with respect to English learners. The Senate bill and 

House amendment make different additional technical changes. 


smartinez on DSK4TPTVN1PROD with REPORTS
483 

LC. SR on name change to ‘‘English Learners’’ 

34. The Senate bill, but not the House amendment, restructures section 1114(a)(3) to make it paragraph (4) of section 1113(c). 

SR 

35. The Senate bill, but not the House amendment, strikes 

‘‘Except as provided in subsection (b),’’ 

SR with amendment to strike ‘‘subsection (b)’’ and insert 

‘‘paragraph (2)’’. 

36. The House amendment, but not the Senate bill, strikes 

‘‘maintenance of effort’’. 

HR 

37. The Senate bill, but not the House amendment, includes a 

reference to section 1117. 

HR with an amendment to strike ‘‘1117’’ and insert 

‘‘1118’’ 

38. The Senate bill, but not the House amendment, makes 

technical changes. 

HR 

39. The Senate bill and House amendment eliminate a requirement for schools to devote sufficient resources to professional development. 

LC 

40. The Senate bill, but not the House amendment, restructures section 1114(c) to make it paragraph (5) of section 1113(c). 

SR 

41. The House amendment and Senate bill use slightly different language. 

HR/SR with an amendment to insert the following: 

(c) PRESCHOOL PROGRAMS—A school that operates a schoolwide 

program under this section may use funds made available under 

this øpart¿ to establish or enhance preschool programs for children 

below the age of 6. 

(d) DELIVERY OF SERVICES—The elements 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. 

42. The Senate bill, but not the House amendment, inserts the 

word ‘‘expand’’. 

SR 

43. The Senate bill combines section 1115 into section 1113 as 

subsection (d) and changes section, paragraph, etc. references accordingly. The House amendment amends section 1115. 

SR 

44. The Senate bill and House amendment reword the ‘‘In General’’ provision in different ways to reflect previous changes in the 

respective bills. 

HR/SR with an amendment to strike subsection (a) and 

insert the following: 

(a) IN GENERAL.—In all schools selected to receive funds under 

section 1113(c) that are ineligible for a schoolwide program under 

section 1114, that have not received a waiver under 1114ø(a)(2)¿ 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
484 

that provide services to eligible children under subsection (b) identified as having the greatest need for special assistance. 

45. The Senate bill, but not the House amendment, rewrites 

section 1115(c) of current law as a new paragraph (2). The House 

amendment maintains section 1115(c) of current law but makes 

changes. 

SR on maintaining section 1115. HR/SR to strike and insert the following: 

(2) 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 State’s challenging student academic achievement standards in subjects as 

determined by the State, each targeted assistance program 

under this section shall— 

(A) Determine which students will be served; 

(B) coordinate the activities supported under this part 

with the regular education program of the school; 

(C) serve participating students identified under paragraph (3)(A)(ii), including by— 

(i) using resources under this part to help participating children meet the challenging State academic 

standards, which may include programs, activities and 

courses necessary to provide a well-rounded education; 

(ii) using, methods and instructional strategies to 

strengthen the core 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; 

(iii) 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 part B of title II, or State-run 

preschool programs to elementary school programs; 

(iv) providing professional development to effective 

teachers, principals, other school leaders, paraprofessionals, if appropriate, specialized instructional support personnel, and other school personnel who work 

with participating children in programs under this 

section or in the regular education program with resources provided under this part, and, to the extent 

practicable, from other sources; 

(v) implementing strategies to increase the involvement of parents of participating children in accordance with section ø1116¿; and 

(vi) if appropriate and applicable, coordinating 

and integrating Federal, State, and local services and 


smartinez on DSK4TPTVN1PROD with REPORTS
485 

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, øand 

intervention and supports in schools identified for 

comprehensive support and improvement under section 1111(c)(4)(D)(i) or targeted support and improvement under section 1111(d)(2)¿; and 

(D) provide to the local educational agency assurances 

that the school will— 

(i) help provide an accelerated, high-quality curriculum; 

(ii) minimize removing 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 

participating children and revise the targeted assistance program under this section, if necessary, to provide additional assistance to enable such children to 

meet the challenging State academic standards. 

Report Language: ‘‘It is the Conferees’ intent that a targeted 

assistance school may use funds to implement positive behavioral 

interventions and supports.’’ 

46. The Senate bill, but not the House amendment, moves the 

eligible children provisions after the program components provisions. 

SR 

47. The Senate bill, but not the House amendment, makes 

minor technical edits. 

HR 

48. The Senate bill and House amendment make different edits 

to references to standards. 

HR 

49. The Senate bill, but not the House amendment, rewords 

language related to selection of children from preschool through 

grade 2. 

HR 

50. The Senate bill refers to ‘‘children who are English learners’’, while the House amendment refers to ‘‘English learners’’. 

SR 

51. The Senate bill and House amendment make different technical changes. 

LC 

52. The Senate bill and House amendment make different 

changes to the heading. 

HR 

53. The Senate bill and House amendment strike references to 

Even Start and Early Reading First. The Senate bill, but not the 

House amendment, adds the literacy program under part D of Title 

II. 

LC on first sentence. HR with amendment to strike 

‘‘part D of title II’’ and insert ‘‘subpart 2 of part B of Title 

II’’ 


smartinez on DSK4TPTVN1PROD with REPORTS
486 

54. The Senate bill and House amendment make different technical changes. 

LC 

55. The Senate bill and House amendment make different 

changes to the heading. 

HR 

55a. The Senate bill and House amendment make different 

technical edits. 

LC 

56. The Senate bill and House amendment make different technical changes. 

LC 

57. The Senate bill and House amendment make different technical edits. 

LC 

58. The Senate bill, but not the House amendment, restructures the comprehensive services provision. 

LC 

59. The Senate bill and House amendment make different technical edits. 

LC 

60. The Senate bill, but not the House amendment, strikes ‘‘engaged in a comprehensive needs assessment and’’. 

SR. 

61. The Senate bill, but not the House amendment, strikes ‘‘as 

a last resort’’. 

SR 

62. The Senate bill, but not the House amendment, adds ‘‘and 

services’’. 

SR 

63. The Senate bill, but not the House amendment, adds ‘‘family support and engagement services’’. 

HR 

64. The Senate bill, but not the House amendment, adds 

‘‘health care services and integrated student supports to address 

the physical, mental, and emotional well-being of children; and’’ . 

SR with an amendment to insert the following: ‘‘(iv) integrated student supports’’ 

65. The Senate bill and House amendment make similar 

changes to ‘‘pupil services personnel’’. 

HR 

66. The Senate bill and House amendment eliminate a requirement for schools to devote sufficient resources to professional development. 

LC 

67. The Senate bill, but not the House amendment, includes 

this provision on dual or concurrent enrollment programs. 

HR with an amendment to strike and replace paragraphs (1) and (2) with the following: 

(1) IN GENERAL.— (A) a high school operating a schoolwide program 

under subsection (c), may use funds received under this 

part to operate a dual or concurrent enrollment program 

that addresses the needs of low-achieving high school stuVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00490 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
487 

dents and those at risk of not meeting challenging State 

academic standards; or 

(B) a high school operating a targeted program under 

subsection (d) may use funds received under this part to 

provide dual or concurrent enrollment program services to 

eligible children under Sec. 1115 b)(1)(B) who are identified as having the greatest need for special assistance. 

(2) FLEXIBILITY OF FUNDS—A local educational agency 

using funds received under this part for a dual or concurrent 

program described in clause (A) or (B) of 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 programs; 

(B) tuition and fees, books, required instructional materials for such program, and innovative delivery method; 

and 

(C) transportation to and from such program. 

68. The Senate bill, but not the House amendment, includes 

this prohibition. 

HR/LC with an amendment to strike ‘‘comprehensive 

needs assessment under subsection (b)(2) or a plan under 

subsection (c) or (d)’’ and insert ‘‘comprehensive needs assessment or plan under section 1114ø(b)¿, or a program 

under section 1115’’ 

69. The House amendment, but not the Senate bill, includes 

this provision on delivery of services. 

SR 

FAMILY ENGAGEMENT

1. The Senate bill, but not the House amendment, redesignates 

section 1118 as 1115. 

SR 

2. The Senate bill, but not the House amendment, changes the 

section heading. 

HR 

Report Language: ‘‘It is the Conferees’ intent that, in referencing ‘‘parent and family members’’, States and school districts 

do not have to take multiple and different steps to reach both parents and also family members. States and school districts can fulfill 

the requirements of this section through a combined and simultaneous effort to reach parents and family members.’’ 

3. The House amendment, but not the Senate bill, makes a 

technical edit throughout. 

LC 

4. The Senate bill, but not the House amendment, makes 

changes to subsection (a)(1) 

LC 

5. The Senate bill, but not the House amendment, makes 

changes in the lead-in to subparagraph (A). 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
488 

6. The House amendment strikes a reference to section 1116 

in subparagraph (A). 

HR 

7. The Senate bill, but not the House amendment, strikes subparagraphs (A) through (F) and inserts new subparagraphs (A) 

through (F). 

HR 

8. The Senate bill, but not the House amendment, adds ‘‘to the 

extent feasible and appropriate’’ and refers to other Federal, State, 

and local laws, in subparagraph (D) of current law, which is subparagraph (C) of the Senate bill. 

HR 

9. The House amendment makes a technical change in paragraph (3)(A) to reflect bill restructuring. 

LC 

10. The Senate bill, but not the House amendment, makes a 

change to reference ‘‘at least 1 percent’’ rather than ‘‘not less than 

1 percent’’ and deletes the references to family literacy and parenting skills. 

HR 

11. The Senate bill, but not the House amendment, adds a rule 

of construction. 

HR 

12. The Senate bill, but not the House amendment, changes 

the heading and beginning of subparagraph (B). 

HR 

13. The Senate bill, but not the House amendment, reduces the 

amount required to be distributed to schools from 95 percent to 85 

percent. 

HR with an amendment to strike ‘‘85’’ and insert ‘‘90’’ 

14. The Senate bill, but not the House amendment, inserts a 

priority for high-need schools. 

HR 

15. The Senate bill, but not the House amendment, adds a new 

use of funds provision. 

HR with amendment to strike ‘‘home visitation programs’’ and insert ‘‘programs that reach parents and family 

members at home, in the community, and at school’’, and in 

(v) to strike ‘‘policy, which may include financial literacy activities and adult education and literacy activities, as defined in section 203 of the Adult Education and Family Literacy Act.’’ And insert ‘‘policy.’’ 

16. The Senate bill, but not the House amendment, makes 

changes to subsection (b). 

HR 

17. The Senate bill, but not the House amendment, makes 

changes to paragraph (3). 

HR 

18. The Senate bill and House amendment make different 

changes to paragraph (4)(B). 

HR 

19. The Senate bill, but not the House amendment, changes 

the section reference to reflect previous changes. 

SR 


smartinez on DSK4TPTVN1PROD with REPORTS
489 

20. The Senate bill, but not the House amendment, makes a 

change in the matter preceding paragraph (1). 

HR 

21. The Senate bill and House amendment make different 

changes to paragraph (1). 

HR 

22. The Senate bill, but not the House amendment, makes additional changes to paragraph (2). 

HR 

23. The Senate bill refers to ‘‘the challenging State academic 

standards’’ and the House amendment refers to ‘‘State’s academic 

standards.’’ 

HR 

24. The Senate bill, but not the House amendment, adds language about copyright piracy. 

HR 

25. The Senate bill inserts ‘‘other school leaders’’ while the 

House amendment strikes ‘‘principals’’ and replaces with ‘‘school 

leaders.’’ 

HR 

26. The Senate bill and House amendment make similar 

changes, but the House amendment also strikes ‘‘and public preschool and’’ 

SR with an amendment to insert ‘‘programs, including 

public preschool programs,’’ after ‘‘local’’ 

27. The Senate bill, but not the House amendment, strikes and 

replaces subsection (f). 

HR with an amendment to strike ‘‘full and’’ before ‘‘informed’’ 

28. The House amendment, but not the Senate bill, strikes and 

replaces subsection (g). 

SR 

29. The Senate bill, but not the House amendment, makes 

changes to subsection (h). 

HR 

TITLE I—EQUITABLE PARTICIPATION 

1. The Senate bill and House amendment have different section numbers. 

LC 

2. The Senate bill, but not the House amendment, changes section references to reflect earlier changes. 

LC 

3. The House amendment, but not the Senate bill, restructures 

paragraph (1). 

SR 

4. The House amendment, but not the Senate bill, adds ‘‘or 

representatives’’ after ‘‘officials’’. 

HR 

5. The House amendment, but not the Senate bill, says provide 

such ‘‘service’’ instead of such ‘‘children’’. 

HR 

6. The House amendment, but not the Senate bill, adds ‘‘and 

individually or in combination, as requested by the officials or repVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00493 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
490 

resentatives to best meet the needs of such children’’ in subparagraph (A). 

SR with an amendment to strike ‘‘or representatives’’ 

7. The House amendment, but not the Senate bill, adds a reference to instructional services (including evaluations to determine 

students’ progress in their academic needs), counseling, and mentoring, one-on-one tutoring. 

SR 

8. The House amendment Senate bill have different references. 

The House amendment refers to this subpart, the Senate bill refers 

to section 1115. 

LC 

9. The House amendment, but not the Senate bill, restructures 

paragraph (3) to add a subparagraph (B). 

SR 

10. The House amendment also changes ‘‘part’’ to ‘‘subpart’’. 

LC 

11. The House amendment, but not the Senate bill, adds a requirement for an ombudsman to be appointed at the State-level to 

monitor and enforce the requirements of this subpart. 

SR 

12. The Senate bill bases expenditures on the proportion of 

funds allocated to participating school attendance areas and the 

House amendment bases expenditures on participating public 

school children. 

HR 

13. The Senate bill and the House amendment have similar requirements to when the share of funds is calculated. ((4)(C) in Senate bill below) 

HR 

14. The House amendment, but not the Senate bill contains a 

new provision related to obligation of funds. 

SR with an amendment to strike clause (ii) 

Report Language: ‘‘It is the Conferees intent to ensure that the 

agency shall provide services to eligible students under this provision in a timely manner to ensure such services will be provided 

in the year in which the funds were received by such agency. If the 

agency does not provide equitable services in the year in which the 

funds were received, such funds should not be redistributed for 

general use because such services were not provided.’’ 

15. The House amendment, but not the Senate bill contains a 

new provision related providing notice of allocations. 

SR with an amendment to strike ‘‘determine’’ through 

all of clause (ii) and insert ‘‘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.’’ 

16. The Senate bill, but not the House amendment allows the 

calculation to be done each year or every two years. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
491 

17. The House amendment includes a new reference to subsection (b)(6)(C) in provision of services to reflect earlier changes 

the House amendment made. See note 39. 

SR 

18. The House amendment, but not the Senate bill, adds ‘‘or 

representatives’’. 

HR 

19. The House amendment, but not the Senate bill, states a 

goal of reaching agreement between the local educational agency 

and the private school officials or representatives, and requires 

transmission to the ombudsman. 

SR with an amendment to strike ‘‘or representatives’’ 

and to strike ‘‘in order’’ through ‘‘private school children,’’ 

and insert ‘‘. 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,’’ 

20. The House amendment, but not the Senate bill, specifies a 

reference to subparagraph (A). 

LC 

21. The House amendment and Senate bill make a similar 

change regarding how the proportion of funds is determined. 

HR 

22. The House amendment, but not the Senate bill, includes an 

itemization of costs. 

HR 

23. The Senate bill, but not the House amendment, changes 

the section reference to reflect previous changes. 

SR 

24. The House amendment, but not the Senate bill, includes 

‘‘or representatives.’’ 

HR 

25. The Senate bill and House amendment have similar new 

subparagraphs (I). 

HR 

26. The House amendment, but not the Senate bill, includes 

new subparagraph (J) to include in consultation whether private 

schools may pool such funds. 

SR 

27. The House amendment, but not the Senate bill, includes a 

new subparagraph (K) to consult about what time and where the 

services will be provided. 

HR/SR with amendment to strike (K) and replace with 

‘‘when, including the time of day, and where services will be 

provided;’’ 

28. The House amendment, but not the Senate bill, includes a 

new subparagraph (L) that includes an allowance to consult about 

whether to use the funds to provide schoolwide programs. 

SR with an amendment to strike ‘‘this’’ and all that follows, and insert ‘‘subsection (a)(4) in coordination with eligible funds for private schools services under applicable 

programs, as defined in section 8xxx (b)(1)to provide services to eligible private school children participating in programs.’’ 


smartinez on DSK4TPTVN1PROD with REPORTS
492 

29. The House amendment, but not the Senate bill, includes a 

new paragraph (2) on disagreement. 

SR with an amendment to strike ‘‘an analysis of’’ and ‘‘or 

representatives’’, and to strike ‘‘has chosen not to adopt the 

course of action requested by such officials’’ and insert ‘‘disagrees’’. 

30. The House amendment, but not the Senate bill, adds ‘‘or 

representatives’’. 

HR 

30a. The House amendment changes the reference from part to 

‘‘subpart’’. 

LC 

31. The House amendment, but not the Senate bill, adds ‘‘or 

representatives.’’ 

HR 

32. The House amendment, but not the Senate bill, adds 

‘‘meaningful’’ before ‘‘consultation’’. 

SR 

33. The House amendment, but not the Senate bill, includes 

language providing a chance for the private school officials to indicate the consultation was not timely or equitable. 

SR with an amendment to strike ‘‘or representatives’’ 

and to insert after ‘‘indicate’’ ‘‘that such officials’ belief’’ 

34. The House amendment, but not the Senate bill, adds ‘‘or 

representatives’’ in the last sentence. 

HR 

35. The House amendment, but not the Senate bill, adds language about attempts at consultation. 

SR 

36. The House amendment, but not the Senate bill, specifies 

the right to ‘‘file a complaint.’’ 

SR 

37. The Senate bill and House amendment make similar additions regarding equitable treatment. The Senate bill adds ‘‘or did 

not make a decision that treats the . . .’’ The House amendment 

adds ‘‘or did not treat the . . . .’’ 

HR 

38. The House amendment, but not the Senate bill, specifies 

the right to ‘‘file a complaint’’ in (B) as well. 

SR 

39. The House amendment, but not the Senate bill, adds a new 

subparagraph (C) regarding State educational agencies. 

SR with amendment to strike ‘‘and institutions, if —’’ 

and all that follows through the end and insert: 

and 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; 

40. The House amendment and Senate bill use different section 

references but have the same policy. 


smartinez on DSK4TPTVN1PROD with REPORTS
493 

LC 

41. The House amendment, but not the Senate bill, changes 

these references to reflect restructuring in the House amendment 

but have the same policy. 

LC 

TITLE I, PART B—ASSESSMENTS 

1. The Senate bill, but not the House amendment, amends part 

B of title I to include provisions on academic assessments. 

HR 

2. The Senate bill, but not the House amendment, authorizes 

the Secretary to award grants to States to pay the costs of developing, administering, or other activities related to State assessments. The House amendment includes language in the Local Academic Flexible Grant to allow states and local educational agencies 

to use funds under that program to develop, administer, and audit 

assessments. See notes 4 and 5. 

HR/SR with an amendment to strike Sec. 1201 and insert the following: 

SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES. 

(a) From amounts made available in accordance with section 

1204, the Secretary shall make grants to States 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 children who are 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 of English 

language proficiency for English learners. 

(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 asVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00497 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
494 

sessments, 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 alternate assessments 

aligned to alternate academic achievement standards for 

students with the most significant cognitive disabilities described in section 1111(b)(2)(D). 

(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) Developing or improving assessments for students 

who are children with disabilities, including using the 

principles of universal design for learning, developing assessments aligned to alternate academic achievement 

standards for students with the most significant cognitive 

disabilities described in section 1111(b)(2)(D). 

(M) 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); 

(N) Developing or improving models to measure and 

assess growth on State assessments under section 

1111(b)(2). 

(O) 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. 

(P) Designing the report cards and reports under section 1111(d) in an easily accessible, user-friendly manner 

that øcross-tabulates student information by any category 

the State determines appropriate, as long as such crosstabulation— 

(A) does not reveal personally identifiable information 

about an individual student; and 

(B) is derived from existing State and local reporting 

requirements and data sources.¿ 

(b) RULE OF CONSTRUCTION.—Nothing in paragraph (7) shall 

be construed as authorizing, requiring, or allowing any additional 


smartinez on DSK4TPTVN1PROD with REPORTS
495 

reporting requirements, data elements, or information to be reported to the Secretary not otherwise 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 its activities under the grant and the result of 

such activities. 

3. The Senate bill authorizes the Secretary to award competitive grants to SEAs for enhanced assessment instruments. The 

House amendment contains no such provision. 

See note 2. 

4. The Senate bill authorizes the Secretary to award competitive grants to States to audit State and local assessment systems. 

The House amendment includes state and local audit authority in 

the Local Academic Flexible Grant. See notes 2 and 5. 

HR/SR with an amendment to strike 1203 and insert the 

following: 

SEC. 1203. STATE OPTION TO CONDUCT ASSESSMENT SYSTEM AUDIT. 

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

1204(a)(1)(C) 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). 

(b) MINIMUM AMOUNT.—Each State shall receive a grant 

amount of not less than $1,500,000 per fiscal year upon submission 

of its application. 

(c) REALLOCATION.—If a State chooses not to apply for a grant 

under this subsection, the Secretary shall reallocate such grant 

amount to other States in accordance with section 1201. 

(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) the audit the State will carry out under subsection 

(e)(1); 

(2) the stakeholder feedback the State will seek in designing such audit; and 

(3) how the State will award grants to local educational 

agencies under subsection (f). 

(e) AUDITS OF STATE ASSESSMENT SYSTEMS AND LOCAL ASSESSMENTS.— 


smartinez on DSK4TPTVN1PROD with REPORTS
496 

(1) AUDIT REQUIREMENTS—Not later than 1 year after a 

State receives an initial grant under this section for the first 

time, the State shall— 

(A) conduct a State assessment system audit; 

(B) ensure that each local educational agency receiving 

funds under this section conducts an audit of local assessments administered by the local educational agency and 

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) shall 

include— 

(A) the schedule for the administration of all State assessments; and 

(B) for each State assessment— 

(i) the purpose for which the assessment was designed and the purpose for which the assessment is 

used; and 

(ii) the legal authority for the administration of 

the assessment; 

(C) feedback on such system from education stakeholders, which shall cover information such as— 

(i) how educators, 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 educators 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 educators spend on assessment preparation and administration; 

(vii) the assessments that administrators, educators, parents, and students, if appropriate, do and do 

not find useful; and 

(viii) other information as appropriate; and 

(D) a plan, based on the results of the audit, to improve and streamline the State assessment system, including activities such as— 

(i) eliminating any unnecessary assessments, 

which may include buying out the remainder of procurement contracts; 


smartinez on DSK4TPTVN1PROD with REPORTS
497 

(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 a local 

assessment conducted under paragraph (1) shall include the 

same information required in paragraph (3) as it applies to the 

local educational agency. 

(5) CARRY OUT THE STATE PLAN.—A State shall execute the 

plan described in paragraph (3)(D) with funds received under 

this part. 

(f) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

(1) IN GENERAL.—From the amount awarded to a State 

under this section, the State shall reserve not less than 20 percent of funds 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 improve assessment quality and use, and alignment. 

(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 by the State. The 

application shall include a description of the agency or consortium’s needs to improve 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); 

(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 

exam proctors, where appropriate; 

(D) hire instructional coaches, or promote educators 

who may receive increased compensation to serve as instructional coaches, to support educators to develop classroom-based assessments, interpret assessment data, and 

design 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 school leaders and educators to disseminate assessment data in an accessible and 

understandable format for parents and families, including 

for children with disabilities or English learners; 


smartinez on DSK4TPTVN1PROD with REPORTS
498 

(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 by 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. 

5. The Senate bill includes subgrants to local educational agencies. The House amendment includes language in the Local Academic Flexible Grant to allow local educational agencies to do similar activities. See notes 2 and 4. 

See note 4. 

6. The Senate bill authorizes funding to States to administer 

State assessments. The House amendment contains no such provision. 

HR/SR with an amendment to strike Sec. 1204 and insert 

the following: 

SEC. 1204. ALLOTMENT OF APROPRIATED FUNDS. 

(a) IN GENERAL.—From amounts made available for each fiscal 

year under øsubsection 1002(b)¿ that are equal to or less than the 

amount described in section ø1111(b)(2)(H)¿, the Secretary shall— 

(1) reserve 1⁄2 of 1 percent for the Bureau of Indian Education; 

(2) reserve 1⁄2 of 1 percent for the outlying areas; 

(3) reserve not more than 20 percent to carry out section 

1203; and 

(4) from the remainder, allocate to each State for section 

1201 an amount equal to— 

(A) $3,000,000; and 

(B) with respect to any amounts remaining after the 

allocation is made under clause (i), 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.—Any amounts made 

available for a fiscal year under subsection ø1002(b)¿ that are more 

than the amount described in section ø1111(b)(2)(H)¿ may be made 

available as follows: 

(1) 

(A) To award grants on a competitive basis, to State educational agencies that have submitted applications at such 

time and in such manner which demonstrate that the requirements of this section will be met for the uses of funds under 

sub-paragraph (J) through (Q) according to the quality, needs, 

and scope of the State application under that section. 

(B) In determining the grant amount under subparagraph (A), 

the Secretary shall ensure that a State’s grant includes an amount 

that bears the same relationship to the total funds available under 

this paragraph for the fiscal year as the number of students ages 

5 through 17 in the State (as determined by the Secretary on the 


smartinez on DSK4TPTVN1PROD with REPORTS
499 

basis of the most recent satisfactory data) bears to the total number of such students in all States. 

(2) Any amounts remaining after the Secretary awards 

funds under paragraph (1) shall be allocated to each State that 

did not receive a grant under such subparagraph, in an 

amount that bears the same relationship to the total funds 

available under this subparagraph as the number of students 

ages 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. 

(c) STATE DEFINED.—In this section, 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 section, the Secretary shall not require, condition the awarding 

of such funds on, or provide priority points for, a State (or a consortium of States) developing any assessment common to a number of 

States, including testing activities prohibited under section 9529. 

7. The Senate bill authorizes the Secretary to allow States to 

develop innovative assessment systems. The House amendment 

contains no such provision. 

HR with an amendment to read as follows: 

SEC. 1205. 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. 

(2) DEMONSTRATION PERIOD.—In accordance with the requirements described in subsection (c), 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 it 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 of the demonstration authority under 

this section, the Secretary shall provide State educational 

agencies, or consortia of State educational agencies, subject to 

meeting the application requirements in subsection (c), with 

the authority described in paragraph (1), except that during 


smartinez on DSK4TPTVN1PROD with REPORTS
500 

these first 3 years, the total number of participating State educational agencies, including those participating in consortia, 

may not exceed 7, and not more than 4 State educational agencies may participate in a single consortium. 

(C) PROGRESS REPORT.— 

(i) IN GENERAL.—Not later than 90 days after the 

end of the first 3 years of the initial demonstration period described in subparagraph (A), the Director of the 

Institute of Education Sciences, in consultation with 

the Secretary, shall publish a report detailing the initial progress of the approved innovative assessment 

systems prior to providing additional State educational 

agencies with the demonstration authority described 

in paragraph (1). 

(ii) CRITERIA.—The progress report under clause 

(i) shall draw upon the annual information submitted 

by participating States described in subsection (c)(2)(I) 

and examine the extent to which— 

(I) the State educational agencies have 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 systems; 

(III) the innovative assessment systems have 

been developed in accordance with the requirements of subsection (c), including substantial evidence that such systems meet such requirements; 

and 

(IV) each State participating in the demonstration authority has demonstrated that the 

same system of assessments was used to measure 

the achievement of all students that participated 

in the demonstration authority, øand not less 

than the same percentage of such students overall 

and in each of the subgroups of students, as defined in section 1111(c)(2)¿, were assessed under 

the innovative assessment system, as measured 

under section 1111(c)(4)(B)(vi), as were assessed 

under the assessment required by section 

1111(b)(2). 

(iii) 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— 

(I) to support participating State educational 

agencies through technical assistance; and 

(II) to inform the peer review process described in subsection (d) for advising the Secretary 

on the awarding of the demonstration authority to 


smartinez on DSK4TPTVN1PROD with REPORTS
501 

the additional State educational agencies described in subparagraph (D). 

(iv) PUBLICLY AVAILABLE.—The Secretary shall 

make the progress report under this subparagraph 

and the response described in clause (iii) publicly 

available on the website of the Department. 

(v) PROHIBITION.—Nothing in this subparagraph 

shall be construed to authorize the Secretary to require participating States to submit any additional information for the purposes of the progress report beyond what the State has already provided in the annual report described in subsection (c)(2)(I). 

(D) EXPANSION OF THE DEMONSTRATION AUTHORITY.— 

Upon completion and publication of the report described in 

subparagraph (C)(iv), additional State educational agencies 

or consortia of State educational agencies may apply for 

the demonstration authority described in this section without regard to the limitations described in subparagraph 

(B). Such State educational agencies or consortia of State 

educational agencies shall be subject to all of the same requirements of this section. 

(c) APPLICATION.—Consistent with the process described in 

subsection (d), 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. Such application shall include a description of the innovative assessment system, what experience the 

applicant has in implementing any components of the innovative 

assessment system, and the timeline over which the State proposes 

to exercise this authority. In addition, the application shall include 

the following: 

(1) A demonstration that the innovative assessment system will— 

(A) meet all the requirements of section 1111(b)(2)(B), 

except the requirements of clauses (i) and (v) of such section; 

(B) be aligned to the standards under section 

1111(b)(1) and address the depth and breadth of the challenging State academic standards under such section; 

(C) express student results or student competencies in 

terms consistent with the State aligned academic achievement standards; 

(D) be able to generate comparable, valid, and reliable 

results for all students and for each subgroup of students 

described in section 1111(b)(2)(B)(xi), compared to the results for such students on the State assessments under 

section 1111(b)(2); 

(E) be developed in collaboration with stakeholders 

representing the interests of children with disabilities, 

English learners, and other vulnerable children, educators, 

including teachers, principals, and other school leaders, 

local educational agencies, parents, and civil rights organizations in the State; 


smartinez on DSK4TPTVN1PROD with REPORTS
502 

(F) be accessible to all students, such as by incorporating the principles of universal design for learning; 

(G) provide educators, 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; 

(H) be able to identify which students are not making 

progress toward the State’s academic achievement standards so that educators can provide instructional support 

and targeted intervention to all students; 

ø(I) measure the annual progress of not less than the 

same percentage of all students and students in each of 

the subgroups of students, as defined in section 1111(c)(2), 

who are enrolled in each school that is participating in the 

innovative assessment system and are required to take assessments, as measured under section 1111(c)(4)(B)(vi), as 

were assessed by schools administering the assessment 

under section 1111(b)(2);¿ 

(J) generate an annual, summative achievement determination based on annual data for each individual student 

based on the challenging State academic standards under 

section 1111(b)(1) and be able to validly and reliably aggregate data from the innovative assessment system for 

purposes of accountability, consistent with the requirements of section 1111(b)(3), and reporting, consistent with 

the requirements of section 1111(d); and 

(K) continue use of the high-quality statewide academic assessments required under section 1111(b)(2) if 

such assessments will be used for accountability purposes 

for the duration of the demonstration. 

(2) A description of how the State educational agency 

will— 

(A) identify the distinct purposes for each assessment 

that is part of the innovative assessment system; 

(B) provide support and training to local educational 

agency and school staff to implement the innovative assessment system described in this subsection; 

(C) 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; 

(D) engage and support teachers in developing and 

scoring assessments that are part of the innovative assessment system, including through the use of high-quality 

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; 

(E) acclimate students to the innovative assessment 

system; 

(F) ensure that students with the most significant cognitive disabilities may be assessed with alternate assessments consistent with section 1111(b)(2)(D); 


smartinez on DSK4TPTVN1PROD with REPORTS
503 

(G) 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 

period of demonstration authority and 2-year extension period, if applicable, including the timeline that explains the 

process for scaling to statewide implementation by either 

the end of the State’s proposed period of demonstration authority or the 2-year extension period; 

(H) gather data, solicit regular feedback from educators 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 

(I) 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 or 

2-year extension period, except that such data shall 

not reveal any personally identifiable information, including a description of how— 

(I) 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 period; and 

(II) by the end of the demonstration authority, 

the participating local educational agencies, as a 

group, will be demographically similar to the 

State as a whole; 

(ii) performance of all participating students and 

for each subgroup of students, as defined in section 

1111(b)(3)(A), on the innovative assessment, consistent 

with the requirements in section 1111(d), except that 

such data shall not reveal any personally identifiable 

information; 

(iv) feedback from teachers, principals, other 

school leaders, and parents about their satisfaction 

with the innovative assessment system; and 

(v) 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 period of demonstration authority, as described in subparagraph (G). 

(3) A Description of the State educational agency’s plan 

to— 

(A) ensure that all students and each of the subgroups 

of students, as defined in section 1111(b)(3)(A), participating in the innovative assessment system— 

(i) are held to the same high standard as other 

students in the State; and 


smartinez on DSK4TPTVN1PROD with REPORTS
504 

(ii) receive the instructional support needed to 

meet challenging State academic standards; 

(B) ensure that each local educational agency has the 

technological infrastructure to implement the innovative 

assessment system; and 

(C) hold all participating schools in the local educational agencies participating in the program of demonstration authority accountable for meeting the State’s 

expectations for student achievement. 

(4) If the innovative assessment system will initially be administered in a subset of local educational agencies— 

(A) a description of the local educational agencies 

within the State educational agency that will participate, 

including what criteria the State has for approving any additional local educational agencies to participate during 

the demonstration period; 

(B) assurances from such local educational agencies 

that such agencies will comply with the requirements of 

this subsection; and 

(C) 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 throughout the demonstration authority; 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 period 

of demonstration authority. 

(d) PEER REVIEW.—The Secretary shall— 

(1) implement a peer review process to inform— 

(A) the awarding of the demonstration authority under 

this section and the approval to operate the system for the 

purposes of paragraphs (2) and (3) of section 1111(b), as 

described in subsection (h) of this section; and 

(B) determinations about whether the innovative assessment system— 

(i) is comparable to the State assessments under 

section 1111(b)(2)(B)(v)(I), 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(b)(3)(B)(i) for all students; 

(2) ensure that the peer review team is comprised of practitioners and experts who are knowledgeable about the innovative assessment being proposed for all 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 State assessment and accountability systems; 


smartinez on DSK4TPTVN1PROD with REPORTS
505 

(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 not later than 90 

days after receipt of the complete application; 

(5) offer a State the opportunity to revise and resubmit its 

application within 60 days of a disapproval determination 

under paragraph (4) to allow the State to submit additional 

evidence that the State’s application meets the requirements of 

subjection (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. 

(e) 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, 

demonstrating a plan for and the capacity to transition to statewide use by the end of a 2-year extension period; and 

(f) USE OF INNOVATIVE ASSESSMENT SYSTEM.—A State may, 

during its approved demonstration period or 2-year extension period, 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, those from the assessment system under section 

1111(b)(2) if the State demonstrates that the State has met the requirements in subsection (c). The State shall continue to meet all 

other requirements of section 1111(b)(3). 

(g) AUTHORITY WITHDRAWN.—The Secretary shall withdraw 

the authorization for demonstration authority provided to a State 

educational agency under this section and any participating local 

educational agency or the State as a whole shall return to the 

statewide assessment system under section 1111(b)(2) if, at any 

point during a State’s approved period of demonstration or 2-year 

extension period, the State educational agency cannot present to 

the Secretary evidence that the innovative assessment system developed under this section 

(1) meets requirements of subsection (c); 

(2) includes all students attending schools participating in 

the demonstration authority, including each of the subgroups 

of students, as defined in section 1111(b)(3)(A), in the innovative assessment system demonstration; 

(3) provides an unbiased, rational, and consistent determination of progress toward the goals described under section 

1111(b)(3)(B)(i) for all students, which are comparable to determinations under section 1111(b)(3)(B)(iii) 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 period and 2–year extension, if 


smartinez on DSK4TPTVN1PROD with REPORTS
506 

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. 

(h) TRANSITION.— 

(1) IN GENERAL.—If, after a State’s approved demonstration and extension period, the State educational agency has 

met all the requirements of this section, including having 

scaled the system up to statewide use, and demonstrated that 

such system is of high quality, 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 paragraphs (2) and (3) of section 1111(b). Such system shall be deemed of high quality if the Secretary, through 

the peer review process described in subsection (d), determines 

that— 

(A) the system has met all of the requirements of this 

section; 

(B) the State has the examined the effects of the system onother measures of student success, including indicators in the accountability system under 1111(c); 

(C) provided coherent and timely information about 

student attainment of the State’s challenging 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; 

(D) solicited feedback from teachers, principals, other 

school leaders, and parents about their satisfaction with 

the innovative assessment system; and 

(E) demonstrated that the same system of assessments 

was used to measure the achievement of all students, øand 

not less than the percentage of such students overall and 

in each of the subgroups of students, as defined in section 

1111(c)(2), were assessed under the innovative assessment 

system, as measured under section 1111(c)(4)(B)(vi), 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 of implementation of the innovative assessment 

system for each local educational agency. 

(3) WAIVER AUTHORITY.—If, at the conclusion of the State’s 

approved demonstration and extension period, the State has 

met all of the requirements of this section, except transition to 

full statewide use for States that will initially administer an 

innovative assessment system in a subset of local educational 

agencies, and continues to comply with the other requirements 

of this section, and demonstrates a high-quality plan for transition to statewide use in a reasonable period of time, the State 

may request, and the Secretary shall review such request, a 

delay of the withdrawal of authority under subsection (g) for 


smartinez on DSK4TPTVN1PROD with REPORTS
507 

the purpose of providing the State time necessary to implement the innovative assessment system statewide. 

(i) AVAILABLE FUNDS.—A State may use funds available under 

section 1201 to carry out this section. 

(j) RULE OF CONSTRUCTION.—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. 

(k) DISSEMINATION OF BEST PRACTICES.— (1) IN GENERAL.—Following the publication of the progress 

report described in subsection (b)(3)(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— 

(A) the development of summative assessments that 

meet the requirements of section 1111(b)(2)(B), are comparable with statewide assessments, and include assessment tasks that determine proficiency or mastery of Stateapproved competencies aligned to challenging academic 

standards; 

(B) the development of effective supports for local educational agencies and school staff to implement innovative 

assessment systems; 

(C) the development of effective engagement and support of teachers in developing and scoring assessments and 

the use of high-quality professional development; 

(D) the development of effective supports for all students, particularly each of the subgroups of students, as 

defined in section 1111(b)(3)(A), participating in the innovative assessment systems; and 

(E) the development of 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 to the public on the 

website of the Department and shall publish an update to the 

information not less often than once every 3 years. 

TITLE I, PART C—MIGRATORY CHILDREN 

1. The House amendment redesignates Title I, part C as subpart 2 of part A of title I. 

HR 

1a. The House amendment, but not the Senate bill, rewords 

the lead-in and makes conforming edits. 

SR 

2. The House amendment, but not the Senate bill, amends the 

program purposes by stating that States should support high-quality programs and services during and outside the school year that 


smartinez on DSK4TPTVN1PROD with REPORTS
508 

address the unique needs of migratory children. The Senate bill refers to supporting high quality and comprehensive programs that 

reduce disruptions as a result of repeated moves. 

SR 

3. The Senate bill refers to ‘‘challenging’’ State academic standards. 

HR 

4. The House amendment but not the Senate bill strikes paragraph (3) of current law. 

SR 

5. The Senate bill and House amendment include similar language ensuring migratory children reach the same academic standards, except the Senate bill refers to ‘‘challenging’’ standards. 

HR 

5a. The House amendment states that migratory children 

should graduate from high school prepared for postsecondary education and the workforce, while the Senate bill does not. 

HR with an amendment to insert ‘‘to’’ at the beginning. 

6. The House amendment and Senate bill contain similar language regarding overcoming barriers to migratory children’s success. The Senate bill states that such barriers should be overcome 

so that children can ‘‘without the need for postsecondary remediation.’’ 

SR 

7. The House amendment and Senate bill use similar but not 

identical language for systemic reforms. 

SR 

8. The House amendment includes a reservation of 2.45 percent of funds under (3)(a)(1) for the Secretary to carry out this subpart. The Senate bill includes a separate authorization level for 

this program in section 1002(c). 

HR 

9. The Senate bill and House amendment are identical, though 

the provision is in a slightly different place given the House reservation. 

LC 

10. The Senate bill, but not the House amendment, maintains 

a base amount that each State will receive, based on fiscal year 

2002. The House amendment modifies this ‘‘hold harmless’’ language. See note 11. 

SR 

11. The House amendment, but not the Senate bill, modifies 

the ‘‘hold harmless’’ language for distributing funds to the States 

to ensure that, for fiscal years 2016–2018, no State will receive less 

than 90 percent of the State’s allocation during the previous fiscal 

year. 

SR 

12. The Senate bill allocates funding to States that did not receive funds in fiscal year 2002 based on the amount they would 

have received in 2002 plus an additional amount. The House 

amendment allocates funding to States who did not receive funding 

in the previous year or that have been participating in the program 

for less than three consecutive previous years based on the most 

recent available data of the number of migratory children in the 


smartinez on DSK4TPTVN1PROD with REPORTS
509 

State. Note the House amendment provision is moved to match the 

Senate bill structure. 

SR 

13. The House amendment modifies the formula by basing a 

State’s child count on the average number of identified eligible fulltime children, aged 3 through 21, residing in the state, based on 

data for the preceding 3 years and goes into effect for all State allocations. 

SR with an amendment to strike ‘‘full-time equivalent’’. 

14. The Senate bill and House amendment both set the minimum allocation amounts for Puerto Rico, including setting a minimum percentage that the average per-pupil expenditure (PPE) in 

Puerto Rico is of the lowest average PPE of any State at 85 percent. 

SR 

14a. The House amendment, but not the Senate bill, strikes 

paragraph (3). 

HR 

15. The Senate bill and House amendment include nearly identical language, except that the Senate bill refers to making funds 

available for direct services to add to the ‘‘academic’’ achievement 

of children, while the House amendment refers to ‘‘educational’’ 

achievement. 

HR 

16. The Senate bill and the House amendment include similar 

language requiring the Secretary to determine the ‘‘identified number’’ of migratory children residing in each State. 

LC 

17. The Senate bill, but not the House amendment, requires 

the Secretary to use information that the Secretary finds is most 

accurate in order to determine the number of eligible migratory 

children. The House amendment requires the Secretary to use the 

most recent information available. 

SR 

18. The Senate bill does not contain this provision. 

SR 

19. The Senate bill does not contain this provision. 

SR 

20. The Senate bill does not contain this provision. 

SR with an amendment to strike ‘‘full-time equivalent’’ 

in paragraph (4). 

21. The Senate bill does not contain this provision. 

SR 

22. The Senate bill does not contain this provision. 

SR 

23. The Senate bill, but not the House amendment, requires 

States to describe how the unique needs of ‘out-of-school’ migratory 

children are identified and addressed. 

SR with an amendment to add ‘‘and migratory children 

who have dropped out of school’’ after ‘‘preschool migratory 

children’’ 

24. The Senate bill and House amendment change internal 

cross-references to match bill structure. 

LC 


smartinez on DSK4TPTVN1PROD with REPORTS
510 

25. The Senate bill, but not the House amendment, requires 

States to describe ‘‘measurable program objectives and outcomes’’. 

HR 

26. The Senate bill refers to ‘‘challenging’’ State academic 

standards. 

HR 

27. The House amendment makes technical edits to a cross-reference to reflect bill structure. 

LC 

28. The Senate bill and House amendment are virtually identical, except for varying section cross-references. 

LC 

29. Both the Senate bill and House amendment make changes 

to cross-references to reflect different bill structures. 

SR with an amendment to strike ‘‘1120A, and part C’’ 

and insert ‘‘1118, and part E’’ 

30. Both the Senate bill and House amendment require consultation with ‘‘parents of migratory children.’’ The Senate bill 

specifies that parent advisory councils are to be included in such 

consultation. 

HR 

31. The Senate bill makes technical conforming edits to a 

cross-reference. 

HR with amendment to strike ‘‘1115’’ and insert ‘‘1116’’ 

32. The Senate bill, but not the House amendment, requires 

that programs and projects shall address the unmet needs of ‘outof-school’ migratory children. 

SR with an amendment to add ‘‘and migratory children 

who have dropped out of school’’ after ‘‘preschool migratory 

children’’ 

33. The House amendment makes technical edits to an internal 

cross-reference. 

LC 

34. The Senate bill, but not the House amendment, eliminates 

‘‘to the extent feasible’’. 

HR with an amendment to renumber paragraph (7) as 

paragraph (8) and strike paragraph (6) and insert the following: 

(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) evidence-based family literacy programs; 

(D) the integration of information technology into educational and related programs; and 


smartinez on DSK4TPTVN1PROD with REPORTS
511 

(E) programs to facilitate the transition of secondary 

school students to postsecondary education or employment 

without the need for øremediation¿; and 

35. The Senate bill and House amendment require family literacy programs to be ‘‘evidence based’’. The House amendment requires family literacy programs to also of be ‘‘high-quality’’. 

HR 

36. The Senate bill requires programs to facilitate transitions 

without the ‘‘need for postsecondary remediation,’’ but the House 

amendment does not include ‘‘postsecondary’’. 

SR with an amendment to strike ‘‘without the need for 

remediation’’ 

37. Both the Senate bill and House amendment change crossreferences. 

LC 

38. The Senate bill, but not the House amendment, requires recipients of funds to prioritize services for children who have made 

a qualifying move within the previous year. 

HR 

39. The Senate bill refers to ‘‘challenging State academic 

standards.’’ The House amendment does not include ‘‘challenging’’. 

HR 

40. The Senate bill, but not the House amendment, requires 

funds to prioritize services for children who have dropped out of 

school. 

HR 

41. The House amendment changes an internal cross-reference 

to reflect bill changes. 

LC 

42. The Senate bill repeals the reference to ‘‘secondary school’’ 

students. 

HR 

43. The House amendment and the Senate bill have a different 

structure in this section. 

SR 

44. The Senate bill allows the Secretary, to the extent practicable, to review applications through a peer review process with 

the assistance and advice of State officials and those with relevant 

expertise. 

SR with an amendment to strike ‘‘using a peer review 

process’’ and inserting at the end ‘‘with the assistance and 

advice of State officials and other officials with relevant expertise’’. 

45. The House amendment makes a technical conforming edit 

to a cross-reference. 

LC 

46. The Senate bill refers to ‘‘challenging State academic 

standards’’, and the House amendment does not use ‘‘challenging’’. 

HR 

47. Both the Senate bill and House amendment make technical 

edits to cross-references. 

LC 

48. The House amendment changes internal cross-references. 

LC 


smartinez on DSK4TPTVN1PROD with REPORTS
512 

49. The House amendment changes internal cross-references. 

LC 

50. The House amendment changes internal cross-references. 

LC 

51. The Senate bill, but not the House amendment, includes a 

special rule that requires schools that receive funds to continue to 

address the unidentified needs of migratory children, and to meet 

the unique needs of migratory children before using funds under 

this part for schoolwide programs. 

HR 

52. The Senate bill changes internal cross-references. 

LC 

53. The House amendment changes a cross-reference to reflect 

the structure change of the bill. 

LC 

54. The House amendment allows funding to flow to ‘‘public 

and private entities’’, while the Senate bill refers to ‘‘public and private nonprofit entities.’’ 

SR 

55. The Senate bill requires the Secretary to assist States in 

the electronic transfer of student records and determining the number of eligible migratory children. The House amendment requires 

the Secretary to assist States in ‘‘developing and maintaining’’ an 

effective system regarding records and determining the number of 

eligible children. 

HR 

56. The Senate bill requires the Secretary to maintain a record 

system. The House amendment requires the Secretary to ensure 

the linkage of migratory student record systems among the States. 

SR 

57. The House amendment, but not the Senate bill, requires 

the Secretary to ensure that the linkage of migratory student 

record systems occurs in a cost-effective manner. 

SR 

58. The House amendment, but not the Senate bill, authorizes 

the Secretary to determine the minimum data elements that each 

State must collect and maintain. 

HR 

59. The Senate bill refers to ‘‘such information’’ but the House 

amendment refers to ‘‘such minimum data elements’’. 

HR 

60. The House amendment changes an internal cross-reference 

to assessments. 

LC 

61. The Senate bill removes ‘‘required’’. 

HR 

62. The Senate bill requires that the Secretary maintain ‘‘ongoing consultation’’ with States, local educational agencies and migratory student service providers, on determining the effectiveness of, 

and to improve the system. The House amendment requires the 

Secretary to consult with States before updating data elements included in such system. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
513 

63. The Senate bill, but not the House amendment, requires 

the Secretary to provide public notice and comment on any new 

proposed data elements that States will be required to collect. 

HR 

64. The House amendment changes an internal cross-reference. 

LC 

65. The House amendment, but not the Senate bill, requires 

the Secretary to report to Congress regarding the maintenance and 

transfer of health and educational information for migratory children. 

HR 

66. The House amendment changes an internal cross-reference. 

LC 

67. The Senate bill, but not the House Amendment, authorizes 

the Secretary to reserve up to $3,000,000 to award incentive grants 

to State educational agencies that propose a consortium agreement 

to improve delivery of services to migratory children. 

HR 

68. The House amendment edits an internal cross-reference. 

LC 

69. The Senate bill defines the term ‘‘migratory agricultural 

worker’’. The House amendment does not define this term. 

HR 

70. The Senate bill, but not the House amendment, makes 

modifications to the definition of ‘‘migratory child’’ to add references to a qualifying move and refer to the definitions of agricultural worker or migratory fisher. The House amendment refers to 

the manner in which the child has moved in this definition, while 

the Senate bill refers to these criteria in the definition of ‘‘qualifying move’’. See note 72. 

HR 

71. The Senate bill defines the term ‘‘migratory fisher’’. The 

House amendment does not define this term. 

HR 

72. The Senate bill defines the term ‘‘qualifying move’’. The 

House amendment does not define this term but refers to similar 

instances in the definition of ‘‘migratory child.’’ See note 70. 

HR with amendment to strike ‘‘to engage in a’’ through 

‘‘by the Secretary.’’ and insert ‘‘or’’ at the end of clause (i). 

TITLE I, PART D—NEGLECTED AND DELINQUENT 

CHILDREN 

1. The House amendment, not the Senate bill, redesignates 

Part D of Title I as subpart 3 of part A of Title I. 

HR 

2. The Senate bill, not the House amendment, modifies the 

purpose to include improved education services for students in 

‘‘tribal’’ institutions. 

HR 

3. The Senate bill refers to ‘‘challenging State academic standards’’ and the House amendment removes ‘‘challenging’’. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
514 

4. The Senate bill, but not the House amendment, requires the 

involvement of families and communities to prevent youth from 

dropping out of school. 

HR 

5. The House amendment, but not the Senate bill, includes a 

reservation of 0.31 of one percent from funds under section 3(a)(1) 

of this subpart. The Senate bill includes a specified authorization 

of appropriations under section 1002(d). 

HR 

6. The House amendment, but not the Senate bill, includes a 

new ‘‘Grants Awarded’’ paragraph heading and specifies that 

grants are awarded from funds subsection (b) and not reserved 

under section 1004 and section 1159. The House amendment, but 

not the Senate bill, adds a qualifying phrase ‘‘that have plans submitted under section 1154 approved’’ when referencing grants to 

State educational agencies. 

HR 

7. The House amendment makes several technical conforming 

edits to cross-references. 

LC 

8. The House amendment makes several technical conforming 

edits to cross-references. 

LC 

9. The House amendment makes several technical conforming 

edits to cross-references. 

LC 

10. The House amendment makes several technical conforming 

edits to cross-references. 

LC 

11. The House amendment, but not the Senate bill, eliminates 

the limitation on the minimum percentage for Puerto Rico if any 

State would receive less than it received in the preceding fiscal 

year. 

HR 

12. The House amendment makes technical conforming edits to 

cross-references. 

LC 

13. The Senate bill, but not the House amendment, modifies 

language related to assisting the transition of children and youth 

‘‘between’’ correctional facilities and locally operated programs. 

HR 

14. The Senate bill requires States to describe program objectives and outcomes that will be assessed to determine program effectiveness. The House amendment requires States to describe how 

they will assess the effectiveness of programs. 

HR 

15. The House amendment, but not the Senate bill, includes a 

provision related to prioritizing a regular high school diploma. 

SR 

16. The House amendment, but not the Senate bill, includes 

this provision related to evaluation. 

HR 

17. The House amendment makes technical conforming edits to 

cross-references. 


smartinez on DSK4TPTVN1PROD with REPORTS
515 

LC 

18. The Senate bill, but not the House amendment, includes a 

provision related to ensuring the prompt re-enrollment of students 

in juvenile justice system in clause (i), and opportunities for such 

students to participate in higher education or career pathways. 

HR with amendment to strike ‘‘prompt’’ and insert 

‘‘timely’’ and strike ‘‘higher education or career pathways’’ 

and insert ‘‘credit bearing coursework while in secondary 

school, postsecondary education, or career and technical 

education programming.’’ 

19. The House amendment makes technical conforming edits to 

cross-references. 

LC 

20. The House amendment makes technical conforming edits to 

a cross-reference. 

LC 

21. The Senate bill, but not the House amendment, modifies 

this provision to add ‘‘and respond to’’. 

SR with amendment to strike ‘‘supplement and improve’’ 

and insert ‘‘respond to the educational needs of the children, including by supplementing and improving’’ 

21a. The Senate bill, but not the House amendment, provides 

for the assessment when the student enters the correctional facility. 

HR with an amendment to strike ‘‘an’’ and insert ‘‘such’’ 

22. The House amendment makes technical conforming edits to 

a cross-reference. 

LC 

23. The House amendment makes technical conforming edits to 

a cross-reference. 

LC 

24. The Senate bill, but not the House amendment, includes 

this provision related to evaluation under section 9601. 

LC 

25. The Senate bill, but not the House amendment, requires 

States to include data showing the State agency has maintained 

the fiscal effort required of a local educational agency under section 

9521. 

HR with an amendment to strike ‘‘9521’’ and insert 

‘‘ø6521¿’’ 

26. The Senate bill, but not the House amendment, updates 

references to WIOA. 

HR 

27. The Senate bill and House amendment have slightly different language. 

SR 

27a. The Senate bill, but not the House amendment, modifies 

the description to ensure transition plans are in place for incarcerated youth. 

HR with an amendment to strike ‘‘and, to the extent 

practicable, to ensure that transition plans are in place’’ 

and insert ‘‘in order to facilitate the transition of such children and youth between the correctional facility and the 

local educational agency or alternative education program’’ 


smartinez on DSK4TPTVN1PROD with REPORTS
516 

28. The House amendment makes technical conforming edits to 

a cross-reference. 

LC 

29. The Senate bill, but not the House amendment, modifies 

the provision to focus on transitions between facilities for neglected 

or delinquent children and locally operated programs. The House 

amendment focuses on transitions from facilities for neglected or 

delinquent children to locally operated programs. 

HR 

30. The Senate bill and House amendment are similar, but the 

House amendment uses the term ‘‘regular’’ high school diploma. 

SR 

31. The Senate bill requires certified or licensed teachers to 

work with children and youth with disabilities and other students 

with special needs. The House amendment requires effective teachers. 

HR 

32. The Senate bill, but not the House amendment, includes a 

provision related to identifying and improving practices for youth 

who have been in contact with the child welfare and juvenile justice systems and has a provision to implement strategies to reduce 

expulsions and suspensions. 

HR with an amendment to strike paragraph (20) and insert the following: 

(20) describe how the State agency will, to the extent feasible, 

note when a youth has come into contact with both the child welfare and juvenile justice systems and deliver evidence-based services and interventions designed to keep such youth in school. 

33. The House amendment updates a cross-reference. 

LC 

34. Both the Senate bill and House amendment contain similar 

modifications relating to the transition of participants without the 

need for remediation and referring to career and technical education, except the Senate bill includes ‘‘without the need for remediation’’ after ‘‘make a successful transition.’’ 

SR with an amendment to strike ‘‘without the need for 

remediation’’ 

35. Both the Senate bill and House amendment allow for the 

acquisition of equipment, but the bills are structured differently. 

LC 

36. The Senate bill, but not the House amendment, contains 

language allowing for pay for success initiatives. 

HR with an amendment to strike ‘‘that produce’’ and all 

that follows through ‘‘Federal Government’’ 

37. The Senate bill, but not the House amendment, contains 

language allowing for targeted services for youth that have come 

into contact with welfare and juvenile justice systems. 

HR 

38. The Senate bill includes the word ‘challenging’ as it relates 

to State academic standards. 

HR 

39. The Senate bill and House amendment contain different 

cross-references to institution-wide projects. 

LC 


smartinez on DSK4TPTVN1PROD with REPORTS
517 

40. The Senate bill includes the word ‘‘challenging’’ as it relates to State academic standards. 

HR 

41. The Senate bill and House amendment contain different 

cross-references to fiscal requirements in Title I. 

SR with an amendment to strike ‘‘1120A and part C’’ and 

insert ‘‘1118 and part E’’ 

42. The Senate bill and House amendment contain different 

cross-references to supplement-not-supplant requirements in Title 

I. 

LC 

43. The House amendment changes internal cross-references. 

LC 

44. The Senate bill includes the word ‘‘challenging’’ as it relates to State academic standards. 

HR 

45. The House amendment, but not the Senate bill, refers to 

attaining a ‘‘regular’’ high school diploma in the description, the 

Senate bill references a ‘‘high school diploma’’. 

SR 

46. The Senate bill, but not the House amendment, strikes 

‘complete secondary school’ from the description. 

HR with an amendment to add ‘‘regular’’ before ‘‘high 

school’’ 

47. The Senate bill, but not the House amendment, includes 

‘‘to the extent practicable, the development and implementation of 

transition plans’’ in the description. 

SR with amendment to insert ‘‘specialized instructional 

support’’ before ‘‘services, and procedures’’ and to insert before the semicolon ‘‘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; 

48. The House amendment changes internal cross-references. 

LC 

49. The House amendment changes internal cross-references. 

LC 

50. The Senate bill, but not the House amendment, refers to 

transitioning children and youth ‘‘between’’ institutions and 

schools. 

HR 

51. The Senate bill, but not the House amendment, includes institutions and schools operated by the Secretary of the Interior and 

schools funded by the BIE. 

HR 

52. The House amendment, but not the Senate bill, refers to 

a ‘‘regular’’ high school diploma. 

SR 

53. The Senate bill, but not the House amendment, adds ‘‘without the need for remediation’’ when describing the successful reentry of students. 


smartinez on DSK4TPTVN1PROD with REPORTS
518 

SR 

54. The House amendment, but not the Senate bill, allows for 

projects to be conducted with private for-profit organizations. 

HR 

55. The House amendment and Senate bill provide for different 

section titles. 

LC 

56. The Senate bill, but not the House amendment, allows the 

Secretary to support capacity building. 

HR 

57. The Senate bill allows the Secretary to reserve not more 

than 2.5 percent for technical assistance and capacity building. The 

House amendment allows for not more than 1 percent. 

HR 

58. The House amendment, but not the Senate bill, makes internal cross-reference updates. 

LC 

59. The House amendment changes internal cross-references. 

LC 

60. The Senate bill, but not the House amendment, includes 

‘‘without the need for remediation’’ when referring to secondary 

school completion. 

SR 

61. The Senate bill, but not the House amendment, includes 

programs in schools operated by the BIE. 

HR 

62. The House amendment changes internal cross-references. 

LC 

63. The House amendment changes internal cross-references. 

LC 

64. The Senate bill, but not the House amendment, allows 

transitional and supportive programs to focus on nonacademic 

needs. 

SR 

65. The Senate bill makes a technical edit. 

LC 

66. The House amendment changes internal cross-references. 

LC 

67. The House amendment changes internal cross-references. 

LC 

68. The Senate bill, but not the House amendment, includes facilities operated by the Secretary of the Interior and tribes. 

HR 

69. The House amendment, but not the Senate bill, includes a 

description of services that participating schools will provide youth 

returning from correctional facilities. 

SR with an amendment to insert ‘‘to facilitate the successful transition’’ before ‘‘for children and youth returning’’. 

70. The Senate bill, but not the House amendment, includes a 

description of activities that LEAs will carry out to successfully 

transition children and youth into schools served by LEAs or into 

CTE programs. 


smartinez on DSK4TPTVN1PROD with REPORTS
519 

SR with amendment in paragraph (4) to strike ‘‘for’’ and 

insert ‘‘to facilitate the successful transition of’’ after participating schools; and in paragraph (7) to insert ‘‘institutions of higher education’’ after ‘‘partnerships with’’ and 

strike ‘‘ develop training, curriculum-based youth entrepreneurship education’’ and insert ‘‘facilitate postsecondary 

and workforce success for children and youth returning 

from correctional facilities, such as participation in credit 

bearing coursework while in secondary school, enrollment 

in postsecondary education, participation in career and 

technical education programming’’ after ‘‘businesses to’’ 

71. The Senate bill, but not the House amendment, includes 

‘‘family members’’ in the description. 

HR 

72. The Senate bill, but not the House amendment, updates 

references to WIOA. 

HR 

73. The House amendment, but not the Senate bill, includes 

this provision related to working with probation officers. 

SR 

74. The Senate bill, but not the House amendment, includes 

this provision related to addressing the educational needs of children and youth returning from institutions for neglected and delinquent children or from correctional institutions. 

SR 

75. The Senate bill, but not the House amendment, requires a 

description of the efforts of LEAs instead of participating schools. 

SR 

76. The House amendment, but not the Senate bill, refers to 

‘‘traditional’’ instead of ‘‘regular’’ public school program. 

SR 

77. The House amendment, but not the Senate bill, includes a 

subsection header and update to an internal cross-reference. 

LC 

78. The Senate bill makes a technical edit. 

HR 

79. The Senate bill, but not the House amendment, includes a 

provision to allow for programs to serve at-risk Indian children and 

youth. 

HR 

80. The Senate bill, but not the House amendment, includes a 

provision to allow for pay for success initiatives. 

HR with an amendment to strike ‘‘that produce’’ and all 

that follows through ‘‘Federal Government.’’ 

81. The House amendment, but not the Senate bill, includes a 

provision related to contracts and grants for activities under this 

section. 

SR with an amendment to strike ‘‘grant’’ and insert 

‘‘subgrant’’ and to strike ‘‘(5)’’ and insert ‘‘(7)’’ 

82. The House amendment changes internal cross-references. 

LC 

83. The Senate bill refers to obtaining a high school diploma, 

and the House amendment refers to obtaining a ‘‘regular’’ high 

school diploma. 


smartinez on DSK4TPTVN1PROD with REPORTS
520 

SR with an amendment to replace ‘‘obtain’’ with ‘‘attain’’ 

84. The House amendment, but not the Senate bill, includes 

language related to seeking a regular high school diploma or its 

recognized equivalent. 

SR 

85. The Senate bill includes the word ‘‘challenging’’ as it relates to State academic standards. 

HR 

86. The Senate bill, but not the House amendment, updates 

references to WIOA. 

HR 

87. The Senate bill, but not the House amendment, contains a 

provision related to developing transition plans. 

HR with an amendment to strike the Senate language 

and insert: 

(12) upon the child’s or youth’s entry into the correctional 

facility, work with the child’s or youth’s family members and 

the local educational agency that most recently provided services to the child or youth (if applicable) to ensure the that relevant 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 

88. The House amendment reorders the paragraphs in this section. 

HR 

89. The House amendment, but not the Senate bill, refers to 

obtaining a ‘‘regular’’ high school diploma. 

SR with an amendment to strike ‘‘obtaining’’ and insert 

‘‘attaining’’ in all places in the paragraph 

90. The Senate bill refers to reducing or terminating funding 

based on dropout rates of male or female students over a 3-year period. The House amendment refers to reducing or terminating 

funding based on students obtaining a regular high school diploma. 

SR with an amendment to strike ‘‘obtaining’’ and insert 

‘‘attaining’’ 

91. The House amendment, but not the Senate bill, changes internal cross-references. 

LC 

91a. The House amendment, but not the Senate bill, includes 

a reference to protecting privacy 

SR 

92. The Senate bill, but not the House amendment, modifies 

this provision to ensure graduation from high school in the standard number of years. 

HR with amendment to strike ‘‘standard’’ and insert ‘‘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’’ 

93. The Senate bill, but not the House amendment, modifies 

this provision to include schools funded by the BIE. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
521 

94. The House amendment changes internal cross-references. 

LC 

95. The House amendment, but not the Senate bill, makes 

structural changes to this provision. 

HR 

96. The Senate bill adds language concerning ‘‘other life conditions that make the individual at high risk for dependence or delinquency adjudication as it relates to at-risk students’’. 

HR/SR with an amendment to insert ‘‘dependency adjudication, or delinquency adjudication’’ after ‘‘failure’’ and 

insert ‘‘or child welfare system’’ after ‘‘juvenile justice system’’ 

TITLE I, PART E—GENERAL PROVISIONS 

1. The Senate bill strikes parts E through H of Title I while 

the House amendment redesignates part E as part B to reflect 

striking of parts B through D and F through H earlier in the 

amendment, redesignates sections accordingly, and makes amendments to those sections. 

HR 

2. The Senate bill moves part I of Title I to Part E. The House 

amendment moves Part I of Title I to Part C. 

HR 

3. The House amendment includes different designations and 

repeals sections 1904 and 1905. 

HR/LC 

4. The Senate bill, but not the House amendment, adds ‘‘other 

school leaders (including charter school leaders)’’ and ‘‘paraprofessionals’’ to the list of individuals that must be consulted before 

publishing regulations. 

HR 

5. The House amendment, but not the Senate bill, adds ‘‘representatives and members nominated by local and national stakeholder representatives’’ to the list of individuals that must be consulted before publishing regulations. 

HR 

6. The Senate bill and the House amendment contain similar 

language requiring information from regional meetings and electronic exchanges to be made public to interested parties in an easily accessible manner. The House amendment also requires notice 

of regional meetings to be made public. 

SR 

7. The Senate bill, but not the House amendment, specifies for 

what topics under Title I a negotiated rulemaking process must be 

established. The House amendment includes all items related to 

Title I. 

HR with an amendment to strike ‘‘standards, ’ and all 

that follows and insert the following: 

‘‘standards, assessments under subsection (b) of section 1111, 

and the requirement that funds be supplemented and not supplanted under section ø1120¿;’’ 

8. The Senate bill, but not the House amendment, includes a 

provision describing that a negotiated rulemaking process is not 


smartinez on DSK4TPTVN1PROD with REPORTS
522 

subject to FACA and should follow the provisions of the Negotiated 

Rulemaking Act of 1990. 

HR 

9. The Senate bill, but not the House amendment, contains a 

separate paragraph to describe the regulations process in an emergency situation. The House amendment does include a process for 

emergency regulations. See note 23. 

SR 

10. The Senate bill and House amendment contain similar language describing how to designate emergency regulations. See note 

24. 

SR 

11. The Senate bill and House amendment contain similar language requiring the duration of the comment and review period in 

an emergency situation to be public. See note 25. 

SR 

12. The Senate bill, but not the House amendment, includes 

this provision requiring regional meetings before regulation publication in an emergency situation. See note 25. 

HR with an amendment to insert ‘‘immediately thereafter’’ before ‘‘conduct’’. 

13. Both the Senate bill and House amendment redesignate 

subsection (c) as subsection (d). Note: House language, which is 

identical to the Senate bill, below in note 32. 

LC 

14. Both the Senate bill and House amendment include similar 

language to provide for an alternative rulemaking process if there 

is failure to reach consensus, or if the Secretary determines a negotiated rulemaking process is unnecessary. 

HR 

15. The Senate bill and the House amendment contain similar 

language requiring notice of proposed rulemaking to committees of 

jurisdiction. The Senate bill, but not the House amendment, also 

requires notice of proposed rulemaking to other relevant congressional committees. 

HR with an amendment to strike ‘‘30’’ and insert ‘‘15 

business’’ 

16. The Senate bill and House amendment are similar in requiring ‘‘a copy of the proposed regulations’’ (House amendment) or 

‘‘regulation to be proposed (Senate bill). 

SR 

17. The Senate bill and House amendment are similar in requiring a justification for regulations, but use different language. 

SR 

18. The Senate bill and House amendment include virtually 

identical provisions on anticipated burden information, except the 

House amendment refers to ‘‘will have’’ and the Senate bill refers 

to ‘‘will impose’’. 

HR 

19. The Senate bill, but not the House amendment, requires information on the anticipated benefits of the regulation. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
523 

20. The Senate bill, but not the House amendment, includes 

language allowing the relevant congressional committees an opportunity to comment on the information in this paragraph. 

SR 

21. The Senate bill requires a 15-day comment period for Congress, and the House amendment requires a 30-day period. 

HR/SR with an amendment to read as follows: 

(2) COMMENT PERIOD FOR CONGRESS.—The Secretary 

shall— 

(A) provide Congress with a 15-business day comment 

period to make comments on the proposed rule; and 

(B) include and seek to address all comments submitted by Congress in the public rulemaking record. 

22. The House amendment, but not the Senate bill, requires 

the Secretary to publish how all Congressional comments have 

been addressed. 

See note 21. 

23. Both the Senate bill and House amendment require a 90- 

day public comment and review period, unless an emergency occurs. The Senate bill includes similar procedures for emergency 

regulations. See notes 9–11. 

SR with an amendment to read as follows: 

(3) COMMENT AND REVIEW PERIOD AND EMERGENCY SITUATIONS.—The comment and review period for any proposed regulation shall be at least 60 days unless an emergency requires 

a shorter period, in which case the Secretary shall— 

24. The Senate bill and House amendment contain similar language describing how to designate emergency regulations. See note 

10. 

SR 

25. The Senate bill and House amendment contain similar language requiring the duration of the comment and review period in 

an emergency situation to be public. See note 11. 

SR 

26. The Senate bill and House amendment include similar language requiring an assessment of the proposed regulation before 

being made final. The House amendment requires this assessment 

be independent. 

HR/SR to strike 

27. Both the Senate bill and House amendment include similar 

language to require the assessment include a representative sampling of LEAs impacted by the regulation. 

HR/SR to strike 

28. Both the Senate bill and House amendment include similar 

language to assess the burden of the regulations. 

HR/SR to strike 

29. The Senate bill, but not the House amendment, requires 

the assessment to address the benefits of the regulation. 

HR/SR to strike. 

30. The Senate bill and the House amendment require the assessment to address whether the rule is financially and operationally viable. The House amendment also requires an analysis of 

whether the rule is educationally viable. Note subparagraphs (B) 


smartinez on DSK4TPTVN1PROD with REPORTS
524 

and (C) of the House amendment were reordered to conform with 

the Senate bill. 

HR/SR to strike 

31. The Senate bill and the House amendment include similar 

language on an explanation, but include different references. 

HR/SR to strike 

32. The Senate bill and the House amendment include this language. See note 13 for redesignation of this subsection in the Senate bill. 

LC 

33. The Senate bill, but not the House amendment, states that 

nothing in section 1501 shall affect the Administrative Procedure 

Act or the Congressional Review Act. 

HR 

34. Both the Senate bill and the House amendment change internal cross-references, although they are different to reflect different bill structures. 

LC 

35. The Senate bill and the House amendment make similar 

modifications relating to how regulations must conform to agreements from negotiated rulemaking, or to an alternative process 

when negotiated rulemaking is not pursued, except the bills are 

structured differently. 

SR 

36. The House amendment, but not the Senate bill, includes a 

provision requiring States to identify any duplicative or contrasting 

requirements between State and federal rules or regulations. 

SR 

37. The House amendment, but not the Senate bill, includes a 

provision relating to eliminating rules. 

SR with an amendment to insert ‘‘State’’ after ‘‘eliminate 

the’’ 

38. The House amendment, but not the Senate bill, includes a 

provision relating to reporting conflicting requirements. 

HR 

39. The Senate bill and House amendment are identical, but 

inconsistency in the Senate bill with how standards are referred to. 

The Senate bill always refers to ‘‘challenging State academic standards.’’ 

SR an amendment to insert ‘‘challenging’’ before ‘‘State 

academic standards’’ 

40. The Senate bill deletes references to ‘‘vocational’ educators’’ 

and the House amendment updates references to ‘‘career and technical’’ educators. 

SR 

41. The House amendment, but not the Senate bill, includes 

teachers from public charter and traditional public schools. 

SR with an amendment to strike (C) and (D) and insert 

the following: 

(C) teachers from traditional public schools, public 

charter schools (in a state with a charter school law), and 

career and technical educators; 

(D) principals and other school leaders; 


smartinez on DSK4TPTVN1PROD with REPORTS
525 

42. The House amendment redesignates subparagraph F as 

subparagraph (H). 

LC 

43. The Senate bill and House amendment are identical. 

HR/SR with an amendment to ‘‘and paraprofessionals’’ 

after ‘‘personnel’’ 

44. The Senate bill, but not the House amendment, references 

‘‘representatives of charter schools, as appropriate.’’ 

SR 

45. The House amendment, but not the Senate bill, references 

‘‘representatives of public charter school authorizers.’’ 

SR with an amendment to insert ‘‘, in a State that has 

a charter school law’’ after ‘‘authorizes’’ 

46. The Senate bill, but not the House amendment, includes 

paraprofessionals. 

SR 

47. The House amendment, but not the Senate bill, includes 

public charter school leaders. 

SR with an amendment to insert ‘‘, in a State that has 

a charter school law’’ after ‘‘leaders’’ 

48. The Senate bill updates the section number. The House 

amendment repeals this provision. 

HR 

49. The Senate bill and the House amendment redesignate this 

section, but the language in the Senate bill and House amendment 

are identical. 

LC 

50. The House amendment includes a rule of construction related to collective bargaining in Title I. The Senate bill does not 

contain this provision in this part of Title I. 

HR 

51. The Senate bill, but not the House amendment, includes a 

report on subgroup sample size. 

HR/SR with an amendment to strike and insert the following into Miscellaneous and Other Laws after Sec. 10310 

as a new section: 

SEC. ø10XXX¿. REPORT ON SUBGROUP SAMPLE SIZE. 

(a) REPORT.—Not later than 90 days after the date of enactment of this Act, the Director of the Institute of Education Sciences 

shall publish a report on best practices for determining valid, reliable, and statistically significant minimum numbers of students for 

each of the subgroups of students, as defined in section 1111(c)(1) 

of the Elementary and Secondary Education Act of 1965 (as amended by this Act), for the purposes of inclusion as subgroups of students in an accountability system described in section 1111(b)(3) of 

the Elementary and Secondary Education Act of 1965 (as amended 

by this Act) and how such minimum number that is determined 

will not reveal personally identifiable information about students. 

(b) PUBLIC DISSEMINATION.—The Director of the Institute of 

Education Sciences shall work with the Department of Education’s 

existing technical assistance providers and dissemination networks 

to ensure that the report described under subsection (a) is widely 

disseminated—(1) to the public, State educational agencies, local 

educational agencies, and schools; and (2) through electronic transVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00529 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
526 

fer and other means, such as posting the report on the website of 

the Institute of Education Sciences or in another relevant place. 

(c) The Director may include best practices on calculating and 

determining the minimum numbers of students for each of the subgroups of students, but shall not recommend any specific minimum 

number for such subgroups. 

52. The Senate bill, but not the House amendment, includes a 

report on the implementation of the educational stability for foster 

care children provisions in Title I. 

SR to strike. 

53. The Senate bill, but not the House amendment, establishes 

a student privacy policy committee. 

SR 

54. The Senate bill, but not the House amendment, contains a 

report on student home access to digital learning resources. 

HR/SR with an amendment to strike and insert the following into Miscellaneous and Other Laws after Sec. 10310 

as a new section: 

SEC. ø10XXX¿. REPORT ON STUDENT HOME ACCESS TO DIGITAL 

LEARNING RESOURCES. 

(a) IN GENERAL.—Not later than 18 months after the date of 

enactment of this Act, the Director of the Institute of Education 

Sciences shall complete a study on the educational impact of access 

to digital learning resources outside of the classroom.— 

(b) CONTENTS—Such study shall include— 

(1) an analysis of student habits related to digital learning 

resources outside of the classroom, including the location and 

types of devices and technologies that students use for educational purposes; 

(2) an identification of the barriers students face in accessing digital learning resources outside of the classroom; 

(3) a description of the challenges students who lack home 

Internet access face, including 

(A) challenges related to student participation and engagement in the classroom, and 

(B) homework completion. 

(4) an analysis of how the barriers and challenges such 

students face impacts the instructional practice of educators. 

and 

(5) a description of the ways in which State educational 

agencies, local educational agencies, schools, and other entities, 

including through partnerships, have developed effective 

means to address the barriers and challenges students face in 

accessing digital learning resources outside of the classroom. 

(b) PUBLIC DISSEMINATION.—The Director of the Institute of 

Education Sciences shall widely disseminate the findings of the 

study under this section— 

(1) in a timely fashion to the public and the Committee on Education and the Workforce of the House of 

Representatives and the Committee on Health, Education, 

Labor, and Pensions of the Senate 

(2) through electronic transfer and other means, such 

as posting, as available, to the website of the Institute of 

Education Sciences, or the Department of Education; and 


smartinez on DSK4TPTVN1PROD with REPORTS
527 

TITLE II—TEACHERS 

1. The Senate bill and House amendment have different structures. 

LC 

2. The House amendment makes technical and conforming 

changes at end of Title II. 

LC 

3. The Senate bill, but not the House amendment, moves provisions related to teacher liability protection to Title IX. 

HR 

4. The Senate bill, but not the House amendment, makes technical changes to paragraph (3) within teacher liability. 

HR 

5. The Senate bill, but not the House amendment, moves provisions related to internet safety from Title II to Title IX. 

SR with an amendment to strike ‘‘funds under this part’’ 

and insert ‘‘funds under this Act’’ and to move to Title IV, 

Part A 

6. The House amendment, but not the Senate bill, repeals the 

Teacher Quality Partnerships program in the Higher Education 

Act. 

HR 

7. Senate bill and House amendment have different title headings for Title II. 

HR 

8. Senate bill and House amendment have different titles for 

part A. 

SR 

9. Senate bill and House amendment have different purpose 

sections and purposes. 

SR with an amendment to strike paragraphs (2) through 

(4) and insert the following: 

(2) improving the quality and effectiveness of teachers, 

principals, and other school leaders; 

(3) increasing the number of teachers, principals, and 

other school leaders who are effective in improving student 

academic achievement in schools; and 

(4) providing low-income and minority students greater access to effective teachers, principals, and other school leaders. 

10. The Senate bill, but not the House amendment, includes 

definitions for part A. 

HR with an amendment to insert ‘‘, as determined by the 

State or local educational agency’’ after ‘‘effective teacher’’ 

and insert at the end the following: 

(4) TEACHER, PRINCIPAL OR OTHER SCHOOL LEADER PREPARATION 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 will prepare teachers, principals, or other school leaders 

to serve in high-needs schools, and that— 


smartinez on DSK4TPTVN1PROD with REPORTS
528 

(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 a 

teacher, principal or other school leader preparation 

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 described in section 1111(c)(1), 

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 a teacher preparation 

academy will only award a certificate of completion (or 

degree, if the academy is, or is affiliated with an institution of higher education) after the graduate demonstrates that the graduate is an effective teacher, as 

determined by 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 a principal or other school 

leader preparation academy will only award a certificate of completion (or degree, if the academy is, or is 

affiliated with, an institution of higher education) 

after the graduate demonstrates a track 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 

or 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 


smartinez on DSK4TPTVN1PROD with REPORTS
529 

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) STATE AUTHORIZER.—The term ‘State authorizer’ means 

an entity designated by the Governor of a State to recognize 

teacher or principal 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 (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 or principal preparation academy if the academy fails to produce the minimum number or percentage of effective teachers or principals, respectively (as determined by the State), identified 

in the academy’s authorizing agreement. 

11. The Senate bill authorizes Title II at such sums through 

2021 for all programs authorized. The House amendment authorizes $2,788,356,000 for Title II (which includes Part A through D) 

from fiscal year 2016 through 2021 and moves this authorization 

line to the beginning of the whole bill. 

HR/SR with amendment to read as follows: 

SEC. 2003. AUTHORIZATION OF APPROPRIATIONS. 

(a) GRANTS TO STATES AND LOCAL EDUCATIONAL AGENCIES.— 

For the purposes 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 purposes of carrying out 

part B, there are authorized to be appropriated $468,880,575 for 

each of fiscal years 2017 and 2018, $469,168,000 for fiscal year 

2019 and $489,168,000 for fiscal year 2020. 

12. The House amendment authorizes a 75 percent reservation 

for Part A of the Title II total authorized amount which equals 

$2,349,830,000 for Part A each year through 2021. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
530 

13. The Senate bill authorizes such sums through 2021 for national activities. The House amendment includes a one percent set 

aside for national activities. 

HR 

14. The Senate bill specifies outlying areas by name. 

HR 

15. The Senate bill, but not the House amendment, includes a 

hold harmless at 2001 level with a percentage reduction provided 

for in (C) over a 7-year time period. The Senate bill also includes 

a ratable reduction if funds are insufficient. 

HR with amendment to strike ‘‘2016 through 2021’’ in 

each place it appears and insert ‘‘2017 through 2022’’ 

16. The Senate bill and House amendment change the formula 

in different ways. 

HR with amendment to strike paragraph (2)(i) and (2)(ii) 

and insert the following: 

‘‘(i) in fiscal year 2017— 

(AA) an amount that bears the same relationship to 35 percent of the excess amount as the 

number of individuals age 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 

(BB) an amount that bears the same relationship to 65 percent of the excess amount as the 

number of individuals age 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) in fiscal year 2018— 

(AA) an amount that bears the same relationship to 30 percent of the excess amount as the 

number of individuals age 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 

(BB) an amount that bears the same relationship to 70 percent of the excess amount as the 

number of individuals age 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) in fiscal year 2019— 

(AA) an amount that bears the same relationship to 25 percent of the excess amount as the 

number of individuals age 5 through 17 in the 

State, as determined by the Secretary on the basis 

of the most recent satisfactory data, bears to the 


smartinez on DSK4TPTVN1PROD with REPORTS
531 

number of those individuals in all such States, as 

so determined; and 

(BB) an amount that bears the same relationship to 75 percent of the excess amount as the 

number of individuals age 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. 

(iv) in fiscal year 2020 and each subsequent fiscal 

year— 

(AA) an amount that bears the same relationship to 20 percent of the excess amount as the 

number of individuals age 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 

(BB) an amount that bears the same relationship to 80 percent of the excess amount as the 

number of individuals age 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. 

17. The House amendment includes small state minimum 

which is similar to the language in the Senate 2(B) exception. 

LC 

18. The Senate bill, not the House amendment, specifies how 

funds after FY 2022 are to be allotted. 

HR with amendment to strike ‘‘2022’’ and insert ‘‘2023’’ 

19. The House amendment, not the Senate bill, includes applicability language as it relates to subparagraph (A), which specifies 

the formula. 

HR 

20. The Senate bill and House amendment authorizes the Secretary to reallot amounts unawarded to states that do not apply. 

In addition, the House amendment, but not the Senate bill, includes reallotment language for circumstances in which only a portion of a State’s award is allotted. 

HR 

21. The Senate bill and House amendment have different 

structures for title II, Part A. Senate does uses of funds first and 

State plan second; House does opposite. 

LC 

22. The Senate bill and House amendment each include 95 percent set aside for subgrants to local educational agencies and one 

percent for State planning and administration, although they use 

different language to do so. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
532 

23. The Senate bill includes an optional additional three percent State reservation for State activities for principals and other 

school leaders. 

HR with an amendment to strike ‘‘, if such reservation’’ 

through ‘‘the preceding fiscal year’’ 

24. The House amendment includes a requirement that the 

SEA fulfill its responsibilities with specified funds. 

HR 

25. Senate bill and House amendment are similar except Senate bill allows institutions of higher education, State agencies of 

higher education, and for-profit and nonprofit entities to help carry 

out State activities. 

HR 

26. Senate bill and House amendment include a number of different activities that states could use the funding for. Both the Senate bill and House amendment include an allowable use for teacher 

and school leader evaluations. 

HR/SR with an amendment to read as follows: 

(B) TYPES OF STATE ACTIVITIES.—The activities described in subparagraph (A) are the following: 

(i) Reforming teacher, principal, and 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 described in section 1111(b)(1); 

(II) principals and 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, and 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, and other schools 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 


smartinez on DSK4TPTVN1PROD with REPORTS
533 

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, and 

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, and 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, 

to the extent the state determines that such evidence is reasonably available, evidence-based professional development for their peers; and 

(II) providing training and support for teacher 

leaders and 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 

roles that allow instructional coaching and mentoring while remaining in the classroom, school 


smartinez on DSK4TPTVN1PROD with REPORTS
534 

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, and 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, and other school leaders; 

(viii) Providing assistance to local educational 

agencies for— 

(I) 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 described in 

section 1111(b)(1); and 

(ix) Supporting efforts to train teachers, principals, and other school leaders to effectively integrate 

technology into curricula and instruction, which may 

include training to assist teachers in implementing 

blended learning projects as defined in section ø4102¿. (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, 

and other school leader preparation programs such as 

through establishing teacher, principal, and other 

school leader residency programs; 

(xiii) Establishing or expanding teacher, principal, 

or other school leader preparation academies, with not 

more than 2 percent of the funds available for State 

activities under subparagraph (A), 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 

(III) the State enables teachers, principals, or 

other school leaders who are teaching or working 

while on alternative certificates, licenses, or creVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00538 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
535 

dentials 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. 

(xv) Developing, or assisting local educational 

agencies in developing, strategies that provide teachers, principals, and 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 courses or programs. 

(xvi) 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. 

(xvii) 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. 

(xviii) Developing and providing professional development for science, technology, engineering, and 

mathematics subjects, including computer science. 

(xix) Supporting the professional development and 

improving the instructional strategies of teachers, 

principals, and 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; 

(xx) Supporting and developing efforts to train 

teachers on the appropriate use of student data 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. 

123) and in accordance with State student privacy 

laws and local educational agency student privacy and 

technology use policies.’’ 

(xxi) 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. 

(xxii) Supporting other activities identified by the 

State that are, to the extent the state determines that 


smartinez on DSK4TPTVN1PROD with REPORTS
536 

such evidence is reasonably available, evidence-based 

and that meet the purpose of this title; 

27. The Senate bill and House amendment have different sections and different section headers. 

SR on title. LC on placement. 

28. The Senate bill and House amendment have different content requirements for the State plan/application. 

HR/SR with amendment to read as follows: 

(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, 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 

(C) A description of how activities under this part are 

aligned with challenging State academic standards, including those standards under section 1111, 

(D) A description of how the activities using 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, as described in 1111(c)(1)(F), 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 

or school leader evaluation systems that meet the requirements of (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 and principal 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 ø6501¿ (regarding participation 

by private school children and teachers). 

(J) A description of how the State educational agency 

will improve the skills of teachers, principals, and other 

school leaders in order to enable them to identify students 

with specific learning needs, particularly students with 

disabilities, English learners, students who are gifted and 


smartinez on DSK4TPTVN1PROD with REPORTS
537 

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, and 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; and 

(M) A description of actions the State may take to improve preparation programs and strengthen support for 

principals and 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, public 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 plan 

required under this section. 

29. The Senate bill includes consultation as part of state plan. 

HR with an amendment to add ‘‘charter school leaders 

(in a state that has a charter school law),’’ after ‘‘other 

school leaders,’’ and to strike ‘‘plan’’ and insert ‘‘application’’ 

30. The House amendment includes 120 day timeline for state 

application deemed approval. The Senate bill includes a 90 day 

timeline for state application approval in Title IX for Title II applications, among others. 

HR 

31. The House amendment includes disapproval paragraph. 

The Senate bill contains a disapproval paragraph in Title IX for 

Title II applications, among others. 

HR 

32. The House amendment includes notification of state educational agency. The Senate bill includes a notification process in 

Title IX for Title II applications, among others. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
538 

33. The House amendment includes a response timeline of 45 

days. The Senate bill includes a similar response timeline in Title 

IX for Title II applications, among others. 

HR 

34. The House amendment includes paragraph on failure to respond. The Senate bill includes a paragraph on failure to respond 

in Title IX for Title II applications, among others. 

HR 

35. The Senate bill includes a prohibition on Secretary. 

HR 

36. The Senate bill and House amendment have different section numbers. 

LC 

37. The Senate bill and House amendment cite different section numbers to reflect differences in respective bill structures. 

LC 

38. The Senate bill and House amendment change the formula 

in different ways. 

HR 

39. The Senate bill and House amendment change the formula 

in different ways. 

HR 

40. The Senate bill includes a cap on direct administrative 

costs of 2 percent. 

SR 

41. The Senate bill includes a rule of construction to allow 

schools with certain locale codes (rural locale codes) to combine 

their allocations. 

HR 

42. The Senate bill and House amendment have different section numbers. 

LC 

43. The Senate bill and House amendment have different content requirements for local applications. See also note 46. 

HR/SR with amendment to read as follows: 

(4) 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 the challenging State 

academic standards including those described in section 

1111(b)(1). 

(B) A description of the local educational agency’s systems of professional growth and improvement, such as induction for teachers, principals, and 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 

are identified 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 paraVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00542 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
539 

graph (3) to continually update and improve activities supported under this part. 

(E) An assurance that the local educational agency 

will comply with section 9501 (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. 

(5) CONSULTATION.—In developing the application in paragraph (4), a local educational agency shall— 

(A) meaningfully consult with teachers, principals, 

other school leaders, paraprofessionals (including organizations representing such individuals), specialized instructional support personnel, public 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 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. 

(6) LIMITATION.—Consultation required under paragraph (5) 

shall not interfere with the timely submission of the plan required under this section. 

44. The Senate bill includes a needs assessment analysis for 

eligibility for a subgrant. 

SR 

45. The Senate bill includes a consultation requirement. 

SR 

46. The Senate bill includes separate paragraph for contents of 

application. The Senate bill and House amendment have different 

content requirements for local applications. See note 43 above. 

SR 

47. The Senate bill and House amendment have different uses 

of funds. 

HR/SR with an amendment to read as follows: 

(b) TYPES OF ACTIVITIES.—The 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 

(3) may include, among other programs and activities— 

(A) developing or improving a rigorous, transparent, 

and fair evaluation and support system for teachers, principals, and other school leaders that is based in part on 

evidence of student achievement, which may include student growth, and shall include multiple measures of eduVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00543 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
540 

cator performance and provide clear, timely, and useful 

feedback to teachers, principals, and other schools leaders; 

(B) developing and implementing initiatives to assist 

in recruiting, hiring, and retaining effective teachers, principals, and other school leaders, 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 described in section 

1111(b)(1), to improve within-district equity in the distribution of teachers, principals, and school leaders consistent with the requirements of section 1111(c)(1)(F), such 

as initiatives that provide— 

(i) expert help in screening candidates and enabling early hiring; 

(ii) differential and incentive pay for teachers, 

principals, and other school leaders in high-need academic subject areas and specialty areas, which may include performance-based pay systems; 

(iii) teacher, paraprofessional, principal, and other 

school leader advancement and professional growth, 

and an emphasis on leadership opportunities, multiple 

career paths and pay differentiation; 

(iv) new teacher, principal, and other school leader 

induction and mentoring programs that are designed 

to— 

(I) improve classroom instruction and student 

learning and achievement; 

(II) increase the retention of effective teachers, principals, and other school leaders; 

(v) the development and provision of training for 

school leaders, coaches, mentors and evaluators on 

how to accurately 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) differential and incentive pay for teachers, principals, and other school leaders in high-need academic subject areas and specialty areas, which may include performance-based pay systems; 

(D) 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 a record of academic distinction who demonstrate potential to become effective teachers, principals, or other school leaders; 

(E) reducing class size to an evidence-based level, to 

the extent the state, in consultation with local educational 

agencies in the state, determines that such evidence is reasonably available, to improve student achievement through 

the recruiting and hiring of additional effective teachers; 


smartinez on DSK4TPTVN1PROD with REPORTS
541 

(F) providing high-quality evidence-based (to the extent the state, in consultation with local educational agencies in the state, determines that such evidence is reasonably available), personalized professional development for 

teachers, instructional leadership teams, principals, and 

other school leaders, focused on improving teaching and 

student learning and achievement, including supporting efforts to train teachers, principals, and 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 

understanding how to protect individual student privacy in accordance with section 444 of the General 

Education Provisions Act (commonly known as the 

‘‘Family Educational Rights and Privacy Act of 1974’’) 

(20 U.S.C. 123) 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; and 

(v) develop policy with school, local educational 

agency, community, or State leaders; 

(vi) have opportunities for experiential learning 

through observation; 

(G) developing programs and activities that increase 

the ability of teachers to effectively teach children with 

disabilities, including children with significant cognitive 

disabilities, which may include the use of multi-tier systems of support and positive behavioral intervention and 

supports, and students who are English learners, so that 

such children with disabilities and students who are 

English learners can meet the challenging State academic 

standards described in section 1111(b)(1); 

(H) providing programs and activities to increase— 

(i) the knowledge base of teachers, principals, and 

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 and 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; 

(I) providing training, technical assistance, and capacity-building in local educational agencies to assist teachers 

and school leaders with selecting and implementing formative assessments, designing classroom-based assessments, 


smartinez on DSK4TPTVN1PROD with REPORTS
542 

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; 

(J) 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; and 

(iii) forming partnerships between school-based 

mental health programs and public or private mental 

health organizations; 

(iv) addressing issues related to school conditions 

for student learning, such as safety, peer interaction, 

drug and alcohol abuse, and chronic absenteeism. 

Report Language: The Conferees intend that references to safety and peer interaction within this title include instances of school 

violence, bullying, and harassment. 

(L) 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 in secondary 

school and postsecondary education; 

(M) supporting the instructional services provided by 

effective school library programs; 

(N) 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; 

(O) developing and providing professional development 

and instructional materials for science, technology, engineering, and mathematics subjects, including computer 

science. 

(Q) developing feedback mechanisms to improve school 

working conditions, including through periodically and 

publicly reporting results of educator support and working 

conditions feedback; 

Report Language: ‘‘It is the Conferees’ intent that school districts’ examinations of working conditions for teachers, principals, 

and other school leaders should include evaluations of the supports 

for such individuals developed in consultation with teachers, principals, other school leaders, other school personnel, parents, students, and the community. These supports may include the availVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00546 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
543 

ability of high-quality professional development, instructional materials, instructional leadership, opportunities for professional 

growth, timely availability of data on student academic achievement and growth, and a review of school safety and conditions for 

learning.’’ 

(R) providing high-quality professional development 

for teachers, principals, and 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 time, to help prepare students for postsecondary education and the workforce without the need for remediation; 

(S) carrying out other evidence-based activities, to the 

extent the state, in consultation with local educational 

agencies in the state, determines that such evidence is reasonably available, identified by the local educational agency that meet the purpose of this title. 

Report Language: ‘‘The Conferees intend that local educational 

agencies will use funds in ways that best support teachers to help 

improve student achievement. Local educational agencies may use 

funds for activities such as improving the instructional skills of 

athletic administrators who are also teachers and supporting teachers to increase the entrepreneurial skills of students.’’ 

48. The Senate bill, but not the House amendment, requires 

funds to be used for evidence-based programs and activities, and 

allows activities to be carried out with a for-profit or non-profit entity, in partnership with an IHE or Indian tribe or tribal organization. 

HR with an amendment to strike ‘‘evidence-based’’ 

49. The Senate bill includes a separate subparagraph (b) for 

types of activities that can be funded with local funds, and includes 

a few required uses of funds. 

SR 

50. The Senate bill includes principles of effectiveness for programs and activities. 

SR 

51. The Senate bill includes periodic evaluations of programs 

and activities and a prohibition on the Secretary. 

SR 

52. The Senate bill and House amendment have different section numbers and different section headers. 

LC 

53. The Senate bill and House amendment each require annual 

reports of local educational agencies to State educational agencies 

and State educational agencies to the Secretary, but contents of report are different. The Senate bill requires reports be made public. 

HR/SR with an amendment to read as follows: 

(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 purposes described in section 2101, and how such chosen activities improved teacher, 


smartinez on DSK4TPTVN1PROD with REPORTS
544 

principal and 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, principals, and other school leaders for lowincome and minority students, a description of how funds have 

been used to improve such access; 

(3) for a State that implements a teacher, principal, and 

other school leader evaluation system consistent with øsection 

2101(c)(4)(B)(ii)¿ using funds under this part, the evaluation 

results of teachers, principals, and other school leaders, except 

that such information shall not provide personally identifiable 

information on individual teachers, principals, or other school 

leaders; 

(4) where available, the annual retention rates of effective 

and ineffective teachers, principals, and other school leaders, 

as determined by the State, using any methods or criteria the 

State has or develops under section 1111ø(c)(2)(A)¿, except 

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 date of 

enactment of Every Student Succeeds Act of 2017. 

(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. 

54. The Senate bill and House amendment both provide for 

technical assistance and national evaluations of programs but with 

different requirements under those headers. 

HR/SR with amendment to read as follows: 

PART B—NATIONAL ACTIVITIES 

SEC. 2201. RESERVATIONS. 

From the amounts appropriated under section 2003(b) for a fiscal year, the Secretary shall reserve— 

‘‘(1) ø$ll¿ to carry out activities authorized under subpart 1; 

‘‘(2) ø$ll¿ to carry out activities authorized under subpart 2; 

‘‘(3) ø$ll¿ to carry out activities authorized under subpart 3; and 

‘‘(4) ø$ll¿ to carry out activities authorized under subpart 4. 


smartinez on DSK4TPTVN1PROD with REPORTS
545 

SUBPART 1—TEACHER AND SCHOOL LEADER INCENTIVE PROGRAM

SEC. 2211. 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, 

and other school leaders (especially for teachers, principals, 

and 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, and 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 

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, and other school leaders that— 

(A) differentiates levels of compensation based in part 

on measurable increases in student academic achievement; 

and 

(B) may include— 

(i) differentiated levels of compensation, which 

may include bonus pay, on the basis of the employVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00549 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
546 

ment responsibilities and success of effective teachers, 

principals, and other school leaders in hard-to-staff 

schools or high-need subject areas; and 

(ii) recognition of the skills and knowledge of 

teachers, principals, and 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. 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 up to 2 years if the grantee 

demonstrates to the Secretary that the grantee is effectively 

utilizing 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 only twice, as of the date of 

enactment of the Every Student Succeeds Act of 2015. 

(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 and school 

leaders in high-need schools, including gaps or inequities in 

how effective teachers and 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, and other school leaders, which 

may include charter school leaders, in the school (including organizations representing teachers, principals, and other school 

leaders), the community, and the local educational agency to 

the activities proposed under the grant; 


smartinez on DSK4TPTVN1PROD with REPORTS
547 

(4) a description of how the eligible entity will develop and 

implement a fair, rigorous, valid, reliable, and objective process 

to evaluate teacher, principal, and 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, 

and 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, and 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 at 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 

(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, and other school leaders serving in 

high-need 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 the following: 


smartinez on DSK4TPTVN1PROD with REPORTS
548 

(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, and other school leader performance, based 

in part on demonstrated improvement in student academic achievement; and 

(ii) provides teachers, principals, and 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 system described in subparagraph (A) and to 

develop support for the evaluation system, including by 

training appropriate personnel in how to observe and 

evaluate teachers, principals, and other school leaders. 

(C) Providing principals and 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. 

(D) Implementing, as part of a comprehensive performance-based compensation system, a differentiated salary structure, which may include bonuses and stipends, 

to— 

(i) teachers who— 

(I)(aa) teach in high-need schools; or 

(bb) teach in high-need subjects; 

(II) raise student academic achievement; or 

(III) take on additional leadership responsibilities; or 

(ii) principals and 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 and school leaders in highneed 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 

teachers; or 


smartinez on DSK4TPTVN1PROD with REPORTS
549 

(iii) establishing or strengthening residency programs. 

(F) Instituting career advancement opportunities characterized by increased responsibility and pay that reward 

and recognize effective teachers and school leaders in highneed 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. REPORTS. 

(a) ACTIVITIES SUMMARY.—Each eligible entity receiving a 

grant under this part 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 

(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, and other school leaders; and 

(C) the extent to which the program assisted the eligible entities in recruiting and retaining high-quality teachVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00553 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
550 

ers, principals, and other school leaders, especially in highneed subject areas.’’. 

SUBPART 2—LITERACY EDUCATION FOR ALL, RESULTS FOR THE

NATION

SEC. 2221. 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 State-designated early childhood education programs and local educational agencies and their public or private partners to implement evidenced-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 

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; 


smartinez on DSK4TPTVN1PROD with REPORTS
551 

(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 under øsection 1111(b)(1)¿, 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 serves a high percentage of high-need schools and 

consists of— 

(A) one or more local educational agencies that— 

(i) have the highest number or proportion of children who are counted under øsection 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 identified for comprehensive support 

and improvement under subsection 1111(d); 

(B) one or more State-designated early childhood education programs, 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 

(C) a local educational agency, described in subparagraph (A), or consortium of such local educational agencies, or a State-designated 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 State-designated early childhood education programs) that have a demonstrated record of effectiveness in— 

(i) improving literacy achievement of children, 

consistent with the purposes of their participation, 

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— 


smartinez on DSK4TPTVN1PROD with REPORTS
552 

(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. 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 disadvantaged children; 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— 

(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 


smartinez on DSK4TPTVN1PROD with REPORTS
553 

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 øsection 1111(c)(1)¿. 

(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 (e). 

(D) An assurance that the State educational agency 

will use implementation grant funds described in subsection (e)(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. 

(ii) Not less than 40 percent of such grant funds 

shall be used for State and local programs and activities, 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 

funds under subsection (f) for evidence-based activities, defined as 

meeting the requirements of subclauses (I), (II), or (III) of section 

8101 (23)(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. 


smartinez on DSK4TPTVN1PROD with REPORTS
554 

(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. 

(B) Administration and evaluation of activities carried 

out under this subpart. 

SEC. 2223. 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 2402(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 


smartinez on DSK4TPTVN1PROD with REPORTS
555 

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, 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; 

(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 funds under subsection (d) to implement evidence-based activities, defined as meeting the requirements of subclauses (I), (II), or 

(III) of section 8101 (23)(A)(i). 

(d) LOCAL USES OF FUNDS.—An eligible entity that receives a 

subgrant under this section shall use the subgrant funds, consistent 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. 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 2402(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 (b) and (c). 


smartinez on DSK4TPTVN1PROD with REPORTS
556 

(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 øneeds 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. 

(E) A description of how the school will coordinate 

comprehensive literacy instruction with early childhood 

education 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 as meeting the requirements of subclauses (I), 

(II), or (III) of section 8101(23)(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 


smartinez on DSK4TPTVN1PROD with REPORTS
557 

(C) supports activities that are provided primarily during the regular school day but which 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 school district 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 THOURGH 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 (b)(1) for children in 

grades 6 through 12. 

(2) Training principals, specialized instruction support personnel, school librarians, and other school district personnel to 

support, develop, administer, and evaluate high-quality 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 subsection (b) or (c), 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. 


smartinez on DSK4TPTVN1PROD with REPORTS
558 

(2) Connecting out-of-school learning opportunities to inschool learning in order to improve the literacy achievement of 

the children. 

(3) Training families and caregivers to support the improvement of adolescent literacy. 

(4) Providing for a multitier system of support. 

(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. 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 

evidence-based 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; 

(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 that meet the requirements of subclauses (I), (II), or (III) 

of section 8101(23)(A)(i). 

SEC 2226. øLITERACY PROGRAMS¿ 

(a) IN GENERAL.—From funds made available 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 


smartinez on DSK4TPTVN1PROD with REPORTS
559 

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. 

SEC. 2227. SUPPLEMENT, NOT SUPPLANT. 

Grant funds provided under this part shall be used to supplement, and not supplant, other Federal or State funds available to 

carry out activities described in this part. 

SUBPART 3—AMERICAN HISTORY AND CIVICS EDUCATION

SEC. 2231. 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— 

(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 reserved under subsection (a) for a fiscal year, the Secretary— 

(1) shall use not less than ølll percent¿ for activities 

under section 2232; and 

(2) may use not more than ølll percent¿ for activities 

under section 2233. 

SEC. 2232. PRESIDENTIAL AND CONGRESSIONAL ACADEMIES FOR 

AMERICAN HISTORY AND CIVICS. 

(a) IN GENERAL.—From the amounts reserved under section 

2231(b)(1), 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 


smartinez on DSK4TPTVN1PROD with REPORTS
560 

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, in such manner, and containing such information 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 

(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 this subsection, 

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.— 


smartinez on DSK4TPTVN1PROD with REPORTS
561 

(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 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.— (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. 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, and 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 volVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00565 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
562 

untary 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 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, in such manner, and containing such information as 

the Secretary may reasonably require. 

(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. FUNDING ALLOTMENT. 

From the funds reserved under section 2201(4), the Secretary— 

(1) shall use not less than ø40 percent¿ to carry out activities under section 2242; 

(2) shall use not less than ø40 percent¿ to carry out activities under section 2243; 

(3) shall use not less than øll percent¿ to carry out activities under section 2244; and 

(4) may reserve up to øll percent¿ of such funds to carry 

out activities under section 2245. 


smartinez on DSK4TPTVN1PROD with REPORTS
563 

SEC. 2242. SUPPORTING EFFECTIVE EDUCATOR DEVELOPMENT. 

(a) IN GENERAL.—From the funds reserved by the Secretary 

under section 2241(1), the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of— 

(1) providing teachers, principals, and 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 addresses literacy, numeracy, remedial, or other 

needs of local educational agencies and the students the agencies serve; 

(3) providing teachers, principals, and other school leaders 

with professional development activities that enhance or enable the provision of postsecondary coursework through dual or 

concurrent enrollment 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, and 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. 

(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 subsection. 

(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, in such manner, and as the Secretary may reasonably 

require. Such application shall include, at a minimum, a certifiVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00567 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
564 

cation 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 who will implement 

evidence-based activities, defined as meeting the requirements of 

subclauses (I), (II), or (III) of section 8101(23)(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, and 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. SCHOOL LEADER RECRUITMENT AND SUPPORT. 

(a) IN GENERAL.—From the funds reserved under section 

2241(2) the Secretary shall award grants, on a competitive basis, 

to eligible entities to enable such entities to improve the recruitment, preparation, placement, support, and retention of effective 

principals and other school leaders in high-need schools, which may 

include— 

(1) developing or implementing leadership training programs designed to prepare and support principals and 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 and other school leaders to serve in high-need schools; 

(3) developing or implementing programs for recruiting, 

developing, and placing school leaders to improve schools identified for intervention and support under øsection 

1114(a)(1)(A)¿, 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 and 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 


smartinez on DSK4TPTVN1PROD with REPORTS
565 

(6) other evidence-based programs or activities described 

in section 2101(c)(3) or section 2103(b)(3) focused on principals 

and 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. 

(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 subsection 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 

as meeting the requirements of subclauses (I), (II), or (III) of 

section 8101(23)(A)(i). 

(f) DEFINITIONS.—In this section— 

(1) 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 


smartinez on DSK4TPTVN1PROD with REPORTS
566 

(E) an entity described in subparagraph (A), (B), (C), 

or (D) in partnership with 1 or more nonprofit organizations or institutions of higher education; and 

(2) 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. TECHNICAL ASSISTANCE AND NATIONAL EVALUATION. 

(a) IN GENERAL.—From the funds reserved under section 

2241(3), the Secretary— 

(1) shall establish, in a manner consistent with section 203 

of the Educational Technical Assistance Act of 2002, 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 

(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 and 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 and 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 


smartinez on DSK4TPTVN1PROD with REPORTS
567 

(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 and regional educational laboratories established under section 174 of the Education Sciences Reform Act of 2002. 

SEC. 2245. 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 Statewide 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. 

(b) STEM MASTER TEACHER CORPS.—For the purposes of 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; 

(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. 

55. The Senate bill authorizes 40 percent of funds for activities 

under (c) and 40 percent of funds for activities under (d). 

SR 

56. The Senate bill authorizes a comprehensive center related 

to students at risk of not attaining full literacy skills due to a disability as part of the technical assistance and national evaluation 

required set aside. 

See note 54. 

57. The Senate bill includes subsection (c) which provides a national competitive grant program for programs of national significance using the 40 percent of funds reserved in note 55. 

See note 54. 


smartinez on DSK4TPTVN1PROD with REPORTS
568 

58. The Senate bill includes (d) which is a national competitive 

grant program for principal and school leader recruitment and support using the 40 percent of funds reserved in note 55. 

See note 54. 

59. The Senate bill includes supplement not supplant provision 

for Part A. The House amendment includes a supplement not supplant provision for all of Title II in section 2403. See note 69. 

SR 

60. The House amendment includes section for state definition, 

which is included in an identical way in the Senate bill in note 10. 

LC 

61. The House amendment includes language to prohibit funding for local or state educational agencies who knowingly transfer 

employees who engaged in sexual misconduct with a student. The 

Senate bill includes language addressing employee transfers in 

Title IX. 

HR 

62. The Senate bill and House amendment have different Part 

Bs. The Senate bill includes national competitive grant program to 

develop and improve performance-based compensation systems or 

human capital management systems. The House amendment includes a formula grant program to SEAs, which is then subgranted 

competitively to LEAs and other entities, regarding innovative 

practices for teachers and school leaders. 

See note 54. 

63. The House amendment, but not the Senate bill, authorizes 

a Teacher and School Leader Flexible Grant. 

HR 

64. The Senate bill and House amendment have different Part 

C. 

See note 54. 

65. The Senate bill part C includes programs for American History and Civics Education, Teaching of Traditional American History, Presidential and Congressional Academies for American History and Civics, and a national competitive grant program for innovative approaches to American History, Civics, Government and 

Geography instruction. 

See note 54. 

66. House amendment includes edits to Part C that are similar 

to edits provided for in section 2001 of Senate bill Title II. House 

amendment strikes sections 2361 and 2368. Changes ‘‘principal’’ to 

‘‘school leader’’. 

HR 

67. The Senate bill and House amendment have a different 

Part D. The Senate bill Part D authorizes a comprehensive literacy 

program. The House amendment Part D is general provisions for 

Title II. See note 69. 

See note 54. 

68. The Senate bill includes Part E authorizing a grant program for STEM education and a report on cybersecurity education. 

SR 

69. The Senate bill includes general provisions in Part F. 

House amendment includes general provisions in Part D. The general provisions are not the same. 


smartinez on DSK4TPTVN1PROD with REPORTS
569 

LC 

70. The Senate bill, but not the House amendment, includes a 

rule of construction. 

HR 

71. The House amendment, but not the Senate bill, has a provision about the inclusion of charter schools. 

HR 

72. The House amendment, but not the Senate bill, includes 

parents right to know in Title II. 

HR 

73. The House amendment, but not the Senate bill, includes a 

supplement, not supplant for the entire Title II. 

SR 

TITLE III—ENGLISH LEARNERS NOTES 

1. Senate maintains this program in Title III and the House 

amendment moves the program to subpart 4 of Title I. 

HR 

2. Senate bill and House Amendment identical in these 

changes except for different locations in bill. 

LC 

3. The Senate bill authorizes such sums through 2021. The 

House amendment authorizes a 4.6 percent set-aside of the Title 1 

authorization, which equals $747,277,000 each year through 2019. 

See note 13. 

HR with an amendment to strike ‘‘such sums as may be 

necessary for each of fiscal years 2016 through 2021’’ and insert ‘‘$756,332,450 for fiscal year 2017, $769,568,267 for fiscal 

year 2018, $784,959,633 for fiscal year 2019, $884,959,633 for 

fiscal year 2020’’ 

4. Senate bill and House amendment have slightly different 

wording in (2). 

HR 

5. The Senate bill includes ‘‘challenging’’ before State academic 

standards. 

HR 

6. The Senate bill includes ‘‘early childhood educators, teachers, principals and other school leaders’’ in (3) and (4). 

HR with an amendment to read as follows: ‘‘to assist 

teachers, including preschool teachers, principals, and 

other school leaders’’ 

7. The House amendment includes ‘‘schools’’ in (3). 

SR 

8. The House amendment refers to ‘‘high-quality, flexible, evidence-based’’ language instruction educational programs in (3), 

while the Senate bill describes such programs as effective. 

HR 

9. The House amendment refers to ‘‘high-quality, evidencebased’’ instructional programs in (4), while the Senate bill describes 

such programs as ‘‘effective.’’. 

HR 

10. The Senate bill includes families in two places as participants in language instruction educational programs. The House 

amendment does not. 


smartinez on DSK4TPTVN1PROD with REPORTS
570 

HR 

11. Senate bill adds a purpose of the program to provide incentives to improve the instruction and achievement of English learners. The House amendment has no such provision. 

SR 

12. The Senate bill and House amendment have different section headers. 

HR 

13. The House amendment provides for a 4.6 percent reservation of Title I authorized amount to fund grants and subgrants for 

English language acquisition. See note 3 

HR 

14. The House amendment cites different sections to reflect its 

transfer of the program to Title I. 

LC 

15. House amendment strikes ‘‘one or more of’’ when referring 

to the activities for which a State may use reserved funds. 

HR 

16. The Senate bill allows States to use funds to implement 

standardized statewide entrance and exit procedures. The House 

contains no such provision. 

HR 

17. Senate bill (B) and House amendment (A) have similar intent but the wording varies slightly. The Senate bill includes teachers and principals in professional development, preparation, and 

other activities. 

HR with amendment to strike ‘‘evidence-based’’ and insert ‘‘effective’’ 

18. The Senate uses ‘‘effective’’ when referencing activities in 

clause (ii) while House uses ‘‘evidence-based’’. 

HR 

19. Senate bill (C) and House amendment (B) are identical 

other than having different subparagraph assignments. 

LC 

20. Senate bill (D) and House amendment (C) are similar but 

have slight variations in wording. Senate uses ‘‘effective’’ where 

House uses ‘‘evidence-based’’ in clause (i). 

HR 

20a. The Senate bill adds that funding can be used to identify 

and implement programs in early childhood settings in (i). 

SR 

21. The Senate bill adds ‘‘in programs that serve English learners’’ at end of (iv). 

HR 

22. Senate bill (E) allows funding to be used to provide recognition to effective programs meeting annual goals for progress in 

English proficiency. The House amendment (D) refers to recognition for reaching full English proficiency. 

SR with an amendment to read as follows: 

(D) Providing recognition, which may include providing financial awards, to subgrantees that have significantly improved the achievement and progress of English 

learners in meeting— 


smartinez on DSK4TPTVN1PROD with REPORTS
571 

(i) the State-designed long term goals, including 

measurements of interim progress towards meeting 

such goals, established under section 1111(c)(4)(A)(ii) 

based on the State’s English language proficiency assessment under section 1111(b)(2)(F); and 

(ii) the challenging State academic standards 

under section 1111(b)(1). 

23. Senate bill adds ‘‘direct’’ before administrative expenses. 

See note 61. 

HR 

24. The House amendment reduces the administrative expenses cap to 40 percent, while the Senate bill maintains current 

law at 60 percent. 

SR with an amendment to strike ‘‘40 percent’’ and insert 

‘‘50 percent’’ 

25. The House amendment strikes subparagraph (A) of current 

law. 

HR 

26. The House amendment and Senate bill have different section references. 

LC 

27. The House amendment requires the use of American Community Survey or state data for (i) and the American Community 

Survey for (ii). The Senate bill refers to the data used in paragraph 

(3). See note 30. 

LC 

28. The Senate bill allows the Secretary to make a State’s allotment available on a competitive basis to specially qualified agencies within the State if such State does not submit a satisfactory 

plan. The House amendment reallots based on subparagraph (A). 

HR 

29. The Senate bill and House amendment use different structures (i) v. (A) and have different citations because of respective bill 

structures. 

LC 

30. The Senate bill includes paragraph (3)(B), which mirrors 

provision in House amendment (c)(2)(A)(ii) (see note 27). 

LC 

31. The House amendment strikes section 3112 of current law. 

HR 

32. The Senate bill and House amendment have different section numbers and titles to reflect different bill structures. 

LC 

33. House amendment strikes ‘‘specially qualified agency’’ See 

note 28. 

HR 

33a. The House amendment strikes and ‘‘containing such information’’. The Senate bill adds ‘‘reasonably’’. 

SR 

34. The Senate bill and House amendment have different section references. 

LC 

35. The Senate bill requires State agency plans to describe how 

the agency will establish and implement standardized, statewide 


smartinez on DSK4TPTVN1PROD with REPORTS
572 

entrance and exit procedures. The House amendment contains no 

such provision. 

HR 

36. The Senate bill (3)(A) is nearly identical to House amendment (2)(A) except House adds ‘‘consecutive’’ before years. 

HR with an amendment to insert ‘‘consecutive’’ before 

‘‘years’’ 

37. The Senate bill and House amendment use different crossreferences. 

LC 

38. The Senate bill and House amendment use different crossreferences. 

LC 

39. The Senate bill (3)(D) and (E) are nearly identical to House 

amendment (2)(D) and (E) except the Senate bill uses ‘‘effective’’ 

where the House amendment uses ‘‘high quality, evidence-based’’ to 

refer to language instruction educational programs. 

HR 

40. The Senate bill adds ‘‘challenging’’ and a cross-reference 

when referring to standards. 

HR 

41. In (F), Senate bill refers to ‘‘each eligible’’ and House 

amendment refers to ‘‘the eligible’’. 

HR 

42. In (G), Senate bill adds ‘‘of English learners’’ after parents. 

HR 

43. The Senate bill and House amendment are nearly identical 

except the Senate refers to ‘‘subpart’’ in (4) where House uses 

‘‘chapter’’ in (3). 

LC 

44. The Senate bill includes ‘‘each’’ before eligible in (5) and 

the House amendment makes ‘‘entity’’ plural and includes ‘‘in the 

State’’ in (4). 

HR 

45. The Senate bill uses ‘‘effective’’ where the House amendment uses ‘‘evidence-based’’ to refer to language instruction curriculum. 

HR 

46. The Senate bill requires the agency to describe how it will 

assist eligible entities in meeting timelines and goals for progress 

and references the accountability structure in Title I for English 

language proficiency (which replaces the annual measurable 

achievement objective system in current law), as well as the challenging academic standards. The House amendment contains no 

such provision. 

HR with an amendment to read as follows: 

(6) describe how the agency will assist eligible entities in 

meeting— 

(A) the State-designed long term goals, including 

measurements of interim progress towards meeting such 

goals, established under section 1111(c)(4)(A)(ii) based on 

the State’s English language proficiency assessment under 

section 1111(b)(2)(F); and 


smartinez on DSK4TPTVN1PROD with REPORTS
573 

(B) the challenging State academic standards described in section 1111(b)(1); 

47. The Senate bill requires a description of how the agency 

will assist eligible entities in decreasing the number of English 

learners who have not reached proficiency in 5 years. The House 

amendment refers to English language acquisition generally. 

HR/SR to strike House paragraph (5) and Senate paragraph (7) 

48. The Senate bill requires the agency to ensure that the 

needs of immigrant children and youth are being addressed. The 

House amendment does not include this provision. 

HR with an amendment to strike ‘‘ensure that’’ and all 

that follows and insert ‘‘meet the unique needs of children 

and youth in the state being served through the reservation 

of funds under section 3114’’ 

49. The Senate bill requires agencies to monitor and evaluate 

eligible entities’ progress in meeting timelines and goals for 

English proficiency and requires the State to describe the steps it 

will take to assist eligible entities if strategies are not effective. 

The House amendment includes no such provision. 

HR with an amendment to read as follows: 

(9) describe how the agency will monitor the progress of 

each eligible entity receiving funds under this subpart in helping English learners achieve English proficiency and the steps 

the State will take to further assist eligible entities if such 

strategies funded under this part are not effective, such as providing technical assistance and modifying such strategies.’; 

50. The House amendment strikes ‘‘specially qualified agency,’’. 

HR 

50a. The House amendment refers to ‘‘subpart’’ in (1)(B), while 

the Senate bill refers to ‘‘part,’’ to reflect different bill structures. 

LC 

51. The Senate bill and House amendment use different crossreferences. 

LC 

52. The House amendment adds ‘‘by the state’’ after requested. 

SR 

53. House amendment adds ‘‘in a timely manner’’ after allocating. 

SR 

53a. The Senate bill and House amendment use different crossreferences. 

LC 

54. The Senate bill strikes ‘‘preceding the fiscal year’’ to refer 

to the percentage or number of immigrant children and youth enrolled in public and nonpublic schools. 

HR 

55. The Senate bill and House amendment use different crossreferences and have different bill structures. 

LC 

56. The Senate bill and House amendment have different sections reflective of respective bill structures. 

LC 


smartinez on DSK4TPTVN1PROD with REPORTS
574 

57. The Senate bill includes ‘‘challenging’’ before State academic standards and references section 1111. 

HR 

58. Senate uses ‘‘effective’’ where the House amendment uses 

‘‘evidence-based’’ to describe approaches and methodologies for 

teaching English learners. 

HR 

59. The Senate bill includes ‘‘programs’’ after early childhood 

education and the House amendment has ‘‘programs of’’ before 

‘‘early childhood education.’’ 

HR 

60. House amendment includes ‘‘evidence-based’’ to describe activities to expand or enhance language instruction educational programs. 

HR 

61. The Senate bill includes ‘‘direct’’ to describe administrative 

expenses. See note 23. 

HR 

61a. The Senate bill and House amendment have different section references. 

LC 

62. The Senate bill uses ‘‘effective’’ and ‘‘based on high-quality 

research’’ where the House amendment uses ‘‘high-quality, evidence-based’’ to describe language instruction educational programs. 

HR with an amendment to strike ‘‘are based on highquality research demonstrating’’ and insert ‘‘demonstrate’’ 

63. The Senate bill uses ‘‘effective’’ where the House amendment uses ‘‘high-quality, evidence-based’’ to describe professional 

development. 

HR 

63a. The Senate bill includes ‘‘principals’’ in such development. 

HR 

64. The Senate bill includes ‘‘such’’ before teachers and ‘‘principals’’ as well as ‘‘appropriate’’ before curricula in (B). 

HR with an amendment to strike ‘‘appropriate’’ 

65. Senate bill uses ‘‘effective’’ where the House amendment 

uses ‘‘evidence-based’’ in (C). 

HR 

66. The House amendment requires subgrantees to provide and 

implement other activities, including parental and community engagement, while the Senate bill only references parent, family and 

community engagement. 

SR with amendment to strike ‘‘evidence-based activities’’ 

and all that follows, and insert ‘‘effective activities and 

strategies that enhance or supplement language instructional 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.’’ 

67. The Senate bill and House amendment use different crossreferences. 

LC 


smartinez on DSK4TPTVN1PROD with REPORTS
575 

68. The Senate bill authorizes eligible entities to provide to 

English learners bilingual paraprofessionals, which may include interpreters and translators. The House amendment does not include 

such a provision. 

HR with an amendment to strike (B) and (C) and insert 

(B) ‘‘intensified instruction, which may include materials in 

a language that the student can understand, interpreters, 

and translators’’ 

69. The Senate bill includes ‘‘effective preschool’’ in (4). 

HR 

70. The Senate bill includes ‘‘and family’’ before outreach in (6). 

HR 

71. The Senate bill includes ‘‘including English learners with 

a disability’’ in (7). 

HR with an amendment to strike ‘‘including’’ and insert 

‘‘which may include’’ 

71a. The Senate bill and House amendment have different references. 

HR/SR with an amendment to redesignate paragraph (8) 

as paragraph (9) and insert the following: 

(8) Offering early college high school or dual or concurrent 

enrollment courses or programs designed to help English learners achieve success in postsecondary education.’’ 

72. Senate bill includes ‘‘and family’’ before outreach and ‘‘and 

families’’ after parents in (A). 

HR 

73. Senate bill includes ‘‘recruitment of’’ and ‘‘early childhood 

educators, teachers’’ before paraprofessionals in (B). 

HR with an amendment to strike ‘‘early childhood educators,’’ and insert ‘‘and’’ after ‘‘teachers.’’ 

74. The House amendment includes ‘‘development’’ after identification and ‘‘awarded’’ before funds in (D). 

SR 

75. The Senate bill and House amendment switch the placement if ‘‘immigrant children and youth’’ and ‘‘in the local educational agency.’’ 

LC 

76. The Senate bill and House amendment nearly identical except for slight wording difference in (F). 

HR 

77. The Senate bill includes ‘‘and families’’ after parents in (G). 

HR 

78. The House amendment and Senate bill use different cross 

references. 

LC 

79. The Senate bill adds ‘‘effective’’ before instruction and 

‘‘challenging’’ before State academic standards and a reference to 

section 1111. 

HR 

80. The Senate bill, but not the House amendment, requires 

that the selection of a method of instruction is consistent with requirements on instructional programs under sections 3124 and 

3126.. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
576 

80a. The Senate bill and House amendment use different references 

LC 

81. The Senate bill and House amendment use different crossreferences. 

LC 

82. The Senate bill includes ‘‘challenging’’ before State academic standards and references section 1111. 

HR 

83. The House amendment uses ‘‘evidence-based’’ where the 

Senate bill uses ‘‘high-quality’’ to describe programs and activities 

to be developed. 

SR with an amendment to strike ‘‘evidence-based’’ and 

insert ‘‘effective’’ and insert ‘‘, including language instruction educational programs,’’ after ‘‘activities’’ 

84. The Senate bill requires that eligible entities describe how 

they will ensure elementary and secondary schools assist English 

learners in meeting annual timelines and goals for progress and 

the challenging academic standards described in Title I. The House 

amendment requires a description of how the eligible entity will 

hold schools accountable for annually assessing the English proficiency of English learners. 

HR with an amendment to read as follows: 

(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 

described in section 1111(b)(1); 

85. The Senate bill includes ‘‘family’’ after parent in (3). 

HR 

86. The House amendment requires an assurance that the eligible entity consulted with various stakeholders in developing the 

plan. The Senate bill contains similar language in (5)(D) See note 

92. 

HR 

87. The Senate bill includes ‘‘demonstrate such proficiency 

through academic content mastery’’. 

HR/SR with an amendment to strike Senate paragraph 

(4) and House paragraph (5) 

88. The Senate bill and House amendment use different section 

numbers. 

LC 

89. The Senate bill includes ‘‘will continue to comply with such 

section throughout each school year for which the grant is received’’ 

in (A). 

SR 

90. The Senate bill requires an assurance that the eligible entity ‘‘complies with’’ State laws, while the House amendment requires the eligible entity ‘‘is not in violation’’ with any State law. 

SR 


smartinez on DSK4TPTVN1PROD with REPORTS
577 

90a. The Senate bill and House amendment have different 

structures. 

LC 

91. The Senate bill, but not the House amendment, requires an 

assurance that the eligible entity has based its plan on high-quality 

research. 

SR 

92. The Senate bill includes similar language to paragraph (4) 

in the House amendment. See note 86. 

HR 

93. The Senate bill includes an assurance that the eligible entity will, if applicable, coordinate activities and share relevant data 

with early childhood education providers. The House amendment 

contains no such provision. 

HR 

94. The Senate bill and House amendment use different crossreferences. 

LC 

94a. The Senate bill and House amendment use different sections references. 

LC 

95. House amendment includes ‘‘including how such programs 

and activities supplemented programs funded primarily with State 

or local funds’’ at end of (1). 

SR 

96. The Senate bill includes reporting on the number and percentage of English learners who meet the annual State-determined 

goals for progress established under section 1111. The House 

amendment requires reporting on progress made in learning 

English and meeting state standards. 

HR with an amendment to strike ‘‘meet the annual 

State-determined goals for progress established under section 1111(c)(4)(A)(ii)(1)(K)’’ and subparagraph (A) and insert 

‘‘are making progress towards achieving English language 

proficiency as described in section 1111(c)(4)(A)(ii),’’ before 

‘‘including disaggregated’’ 

97. The Senate bill, but not the House amendment, requires 

disaggregation by long-term English learners and English learners 

with disability. 

See note 96. 

98. The Senate bill and House amendment use different crossreferences. 

LC 

99. The Senate bill and House amendment are similar in (4). 

The Senate bill includes the percentage of English learners, in addition to the number. 

HR 

100. The House amendment includes ‘‘transitioned to classrooms not tailored for English learners’’. 

HR 

101. The Senate bill makes includes ‘‘challenging’’ before State 

academic standards. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
578 

102. The Senate requires reporting for four years after the 

child stops receiving services, while the House amendment requires 

reporting for two years. 

HR 

103. The Senate bill, but not the House amendment, 

disaggregates data by long-term English learners and English 

learners with a disability. 

HR with an amendment to strike subparagraph (A) and 

insert the following: 

(5) the number and percentage of English learners meeting 

challenging State academic standards described in section 

1111(b)(1) for each of the 4 years after such children are no 

longer receiving services under this part, including 

disaggregated, at a minimum, by— 

(A) English learners with a disability; 

104. The House amendment includes ‘‘first enrollment in the 

local educational agency’’ in (6). 

SR 

105. The Senate bill and House amendment have different titles. 

LC 

106. The House amendment requires that the report is used to 

determine the effectiveness of programs in assisting English learners, and to decide how to improve programs. The Senate bill includes no such provision. 

HR 

107. The Senate bill includes a special rule stating that specially qualified agencies shall provide such report to the Secretary. 

The House amendment includes no such provision. 

HR 

108. The Senate bill and House amendment have different section numbers and titles. 

LC 

109. The House amendment makes this report annual, while 

the Senate bill requires the report every second year. 

HR 

110. The House amendment strikes ‘‘limited English proficient’’ 

and uses ‘‘English learners’’ at end of (b)(2). 

SR 

111. The Senate bill and House amendment use different crossreferences. 

LC 

112. The Senate bill and House amendment use different crossreferences. 

LC 

113. The House amendment strikes ‘‘limited English proficient’’ 

and uses ‘‘English learners’’ at end of (b)(5). 

SR 

114. The Senate bill requires the report to contain the findings 

of the evaluation related to English learners under section 9601. 

The House amendment includes no such provision. 

HR with an amendment to insert ‘‘the most recent evaluation’’ before ‘‘related to English learners’’ 


smartinez on DSK4TPTVN1PROD with REPORTS
579 

115. The Senate bill (8) strikes ‘‘classrooms where instruction 

is not tailored for English learners’’. 

HR 

116. The Senate bill and House amendment have different bill 

structures. 

LC 

117. The House amendment requires the Secretary to report to 

Congress on parallel Federal programs. The Senate bill includes no 

such provision. 

SR 

118. The Senate bill and House amendment use different section numbers. 

LC 

119. The Senate bill and House amendment use different section numbers. 

LC 

120. The Senate bill and House amendment have different section numbers. 

LC 

121. The Senate bill and House amendment have different section numbers. 

LC 

122. The Senate bill and House amendment have different section numbers. 

LC 

123. The Senate bill and House amendment have different section numbers. 

LC 

124. The Senate bill uses ‘‘entities’’ where House amendment 

uses ‘‘organizations’’ after public or private. 

HR 

125. The Senate bill allows grants to be made for ‘‘capacity 

building, or evidence-based activities,’’ in addition to professional 

development. 

SR 

126. The Senate bill includes ‘‘inservice’’. 

HR 

127. The Senate bill uses ‘‘effective’’ where the House amendment uses ‘‘evidence-based’’ to describe professional development 

programs. 

HR 

128. The Senate bill includes ‘‘may’’ before assist institutions 

and includes ‘‘and for other activities to increase teachers and 

school leader effectiveness’’ in (1). 

SR with an amendment to strike (1) and insert: (1) ‘‘for 

effective preservice or inservice professional development 

programs that will improve the qualifications and skills of 

educational personnel involved in the education of students 

who are 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;’’ 

129. The Senate bill includes ‘‘family’’ after parent in (3). 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
580 

130. The Senate bill uses ‘‘effective’’ where House uses ‘‘evidence-based’’ to describe practices in the instruction of English 

learners. 

HR 

131. The Senate bill includes ‘‘develop’’ before share and ‘‘such 

as through the use of technology-based programs’’ at the end in (4). 

HR 

132. The Senate bill, but not the House amendment, allows 

grants to be awarded for financial assistance and costs to meet certification or licensing requirements for teachers of English learners. 

HR 

133. The Senate bill, but not the House amendment, allows 

grants to be awarded to support school readiness and transitions 

from early childhood education programs for English learners. 

HR 

134. The House amendment adds ‘‘in consortia’’ in the definition of eligible entity. 

SR 

135. The Senate bill, but not the House amendment, includes 

a definition for English Learner with a Disability. 

HR 

136. The Senate bill maintains definitions of Native American 

and Native American language, Native Hawaiian or Native American Pacific Islander native language educational organization, specially qualified agency, and tribally sanctioned educational authority. The House strikes such definitions. 

HR 

137. The Senate bill, but not the House amendment, includes 

definitions for Long-Term English Learner. 

SR 

138. The Senate bill makes a technical edit to paragraph (13) 

and the House amendment strikes this definition. 

HR 

139. The Senate bill and House amendment use different crossreferences. 

LC 

140. The Senate bill, but not the House amendment, requires 

the Clearinghouse to collect and disseminate information on the 

education of and best practices on instructing and serving English 

learners with a disability. 

HR 

141. The House amendment, but not the Senate bill, includes 

rule of construction that nothing shall authorize the Secretary to 

hire new personnel. 

SR 

142. The Senate bill, but not the House amendment, authorizes 

a survey to be conducted by the Director of the Institute of Education Sciences and the Secretary of Education on the accuracy of 

the American Community Survey language items in identifying 

English learners. 

SR 


smartinez on DSK4TPTVN1PROD with REPORTS
581 

TITLE IV—SAFE AND HEALTH STUDENTS 

1. The Senate bill replaces the current law Safe and Drug-Free 

Schools and Communities grant program with the Safe and 

Healthy Students grant program. The House amendment consolidates this program into the Local Academic Flexible Grant. 

HR/SR with amendment to strike and insert new Title 

IV language to read as follows: 

TITLE IV—21ST CENTURY SCHOOLS 

SEC. 4001. GENERAL PROVISIONS. 

ø(a) TITLE IV.—Title IV (20 U.S.C. 7101 et seq.) is amended— 

¿ 

ø(1) by redesignating subpart 3 of part A as subpart 5 of 

part F of title VIII, as redesignated by section 8106(1), and 

moving that subpart to follow subpart 4 of part F of title VIII, 

as redesignated by sections 2001 and 8106(1);¿ 

ø(2) by redesignating section 4141 as section 8561;¿ 

ø(3) by redesignating section 4155 as section 8537 and 

moving that section so as to follow section 8536;¿ 

ø(4) by redesignating part C as subpart 6 of part F of title 

VIII, as redesignated by section 8106(1), and moving that subpart to follow subpart 5 of part F of title VIII, as redesignated 

by section 8106(1) and paragraph (1); and¿ 

ø(5) by redesignating sections 4301, 4302, 4303, and 4304, 

as sections 8571, 8572, 8573, and 8574, respectively. 

ø(b) TITLE V.—¿ 

ø(1) TRANSFER AND REDESIGNATION.—Title V (20 U.S.C. 

7201 et seq.) is amended—¿ 

ø(A) by striking part A;¿ 

ø(B) by striking subparts 2 and 3 of part B;¿ 

ø(C) by striking part D;¿ 

ø(D) by transferring parts B and C to title IV, as 

amended by subsection (a), and inserting after part B of 

such title, and redesignating such sections parts C and D, 

respectively;¿ 

ø(E) in part C, as transferred by subparagraph (D), by 

striking ‘‘Subpart 1—Charter School Programs’’;¿ 

ø(F) by redesignating sections 5201 through 5211 as 

sections 4301 through 4311, respectively;¿ 

ø(G) by redesignating sections 5301 through 5307 as 

sections 4401 through 4407, respectively;¿ 

ø(H) by striking sections 5308 and 5310; and¿ 

ø(I) by redesignating sections 5309 and 5311 as sections 4408 

and 4409, respectively.¿ 

ø(2) REPEAL.—Title V (20 U.S.C. 7201 et seq.), as 

amended by paragraph (1), is repealed.¿ 

SEC. 4002. GRANTS TO STATES AND LOCAL EDUCATIONAL AGENCIES. 

Part A of title IV (20 U.S.C. 7101 et seq.) is amended to read 

as follows: 


smartinez on DSK4TPTVN1PROD with REPORTS
582 

PART A—STUDENT SUPPORT AND ACADEMIC 

ENRICHMENT GRANTS 

SEC. 4101. PURPOSE. 

The purpose of this part 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, academic growth, and digital literacy of 

all students— 

SEC. 4102. DEFINITIONS. 

In this part: 

(1) BLENDED LEARNING.—The term ‘blended learning’ 

means a formal education program that leverages both technology-based and face-to-face instructional approaches— 

(A) that include an element of online or digital learning, combined with supervised learning time, and studentled learning, in which the elements are connected to provide an integrated learning experience; and 

(B) where 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 


smartinez on DSK4TPTVN1PROD with REPORTS
583 

(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, to the extent a state, in consultation 

with local educational agencies in the state, determines 

that such evidence is reasonably available, the evidencebased consequences of drug use; 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. 

(7) 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. 

(8) STATE.—The term ‘State’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

(9) STEM-FOCUSED SPECIALTY SCHOOL.—The term ‘STEM-focused 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. 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 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 part; 

(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; 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 part 

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 


smartinez on DSK4TPTVN1PROD with REPORTS
584 

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. 

(3) REALLOTMENT.—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 subsection. 

(c) STATE PLAN.— 

(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 part for State-level activities. 

(B) A description of how the State educational agency 

will ensure that awards made to local educational agencies 

under this part are in amounts that are consistent with 

øsection 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 part with such existing resources 

and programs; 

(ii) monitor the implementation of activities under 

this part 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 part, including 

aligning those activities with the requirements of 

other Federal laws. 

Report Language: ‘‘The Conferees intend that States will provide activities under this part in accordance with the gender equity 

requirements in Title IX of the Education Amendments Act of 

1972.’’ 

SEC. 4104. STATE USE OF FUNDS. 

(a) IN GENERAL.—Each State that receives an allotment under 

section 4103 shall— 

(1) reserve not less than 95 percent of the amount allotted 

to such State, for each fiscal year, for allotments to local educational agencies under section 4105; 


smartinez on DSK4TPTVN1PROD with REPORTS
585 

(2) reserve not more than 1 percent of the amount allotted 

to such State, for each fiscal year, for the administrative costs 

of carrying out its responsibilities under this part; 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 part, which— 

(1) shall include— 

(A) providing monitoring of, and training, technical assistance, and capacity building to, local educational agencies that receive an allotment under section 4104; and 

(B) public reporting on how funds made available 

under this part 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 

(2) may include— 

(A) identifying and eliminating State barriers to the 

coordination and integration of programs, initiatives, and 

funding streams that meet the purposes of this part, so 

that local educational agencies can better coordinate with 

other agencies, schools, and community-based services and 

programs; or 

(B) supporting local educational agencies in providing 

programs and activities that— 

(i) 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— 

(aa) high-quality courses in science, technology, engineering, and mathematics, including computer science; 

(bb) activities and programs in music and 

the arts; 

(cc) foreign languages; 

(dd) 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, 


smartinez on DSK4TPTVN1PROD with REPORTS
586 

including Advanced Placement and International Baccalaureate programs; 

(ee) American history, civics, economics, 

geography, social studies, or government education; 

(ff) environmental education; or 

(gg) other courses, activities, and programs or other experiences that contribute to 

a well-rounded education; or 

(II) reimbursing low-income students to cover 

part or all of the costs of accelerated learning examination fees, as described in subclause (I)(dd); 

(ii) 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— 

(aa) implement, to the extent the state 

determines that such evidence is reasonably 

available, evidence-based mental health 

awareness training programs to provide education to school personnel regarding resources 

available in the community for students with 

mental illnesses and other relevant resources 

relating to mental health or the safe de-escalation of crisis situations involving a student 

with a mental illness; or 

(bb) expand access to or coordinate resources for school-based counseling and mental health programs, such as through schoolbased mental health services partnership programs; 

(III) providing local educational agencies, to 

the extent the state determines that such evidence 

is reasonably available, with evidence-based resources addressing ways to integrate health and 

safety practices into school or athletic programs; 

and 

Report Language: ‘‘The Conferees intend that references to 

health and safety practices for school and athletic programs may 

include developing plans for concussion safety and recovery practices, cardiac conditions, exposure to excessive heat and humidity, 

guidelines for emergency action plans for youth athletics, and developing and implementing school asthma management plans.’’ 

(IV) disseminating best practices and evaluating program outcomes relating to any local educational agency activities to promote student safety and violence prevention through effective comVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00590 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
587 

munication as described in section 4108(5)(C)(iv); 

and 

(iii) 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— 

(aa) 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, related network infrastructure, and 

data security; 

(bb) 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 

(cc) 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 utilizing, to the extent the 

state determines that such evidence is reasonably 

available, evidence-based 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, 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)); 

(IV) disseminating promising practices related 

to technology instruction, data security, and the 

acquisition 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 


smartinez on DSK4TPTVN1PROD with REPORTS
588 

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. 

SEC. 4105. 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 that has an application approved by the 

State educational agency under section 4106 in the State 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 amount all local educational agencies 

in the State received under that subpart for the preceding fiscal year. 

(2) MINIMUM LOCAL EDUCATIONAL AGENCY ALLOCATION.— 

No allocation to a local educational agency under this paragraph may be made in an amount that is less than $10,000. 

(3) CONSORTIA.—Local educational agencies in a State may 

form a consortium and combine the funds each such agency in 

the consortium received under this section to jointly carry out 

the local activities described in this part. 

(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 

than 2 percent for the direct administrative costs of carrying out 

the local educational agency’s responsibilities under this part. 

SEC. 4106. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 

(a) IN GENERAL.—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 part in consortium with one or 

more surrounding local educational agencies as described in section 

4105(a)(2)(C), 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 conVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00592 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
589 

sultation 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 part. 

(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 part 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 part, 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 part 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. 

(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 part, including a description of— 

(A) any partnership with an institution of higher education, business, nonprofit organization, community-based 

organization, øor other public or private entity with a demonstrated record of success in implementing activities 

under this part; 


smartinez on DSK4TPTVN1PROD with REPORTS
590 

(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 part, 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 øsection 1124(c)¿; 

(iii) are identified for comprehensive support and 

improvement under øsection 1111(c)(4)(D)(i)¿; 

(iv) are implementing targeted support and improvement plans as described in øsection 1111(d)(2)¿; 

or 

(v) are identified as a persistently dangerous public elementary school or secondary school under øsection 9532¿; 

(B) comply with section ø9501¿ (regarding equitable 

participation by private school children and teachers); 

(C) use a portion of funds, which shall not be less than 

20 percent of funds, received under this part to support at 

least one activity authorized under section 4107; 

(D) use a portion of funds, which shall not be less than 

20 percent of funds, received under this part to support at 

least one activity authorized under section 4108; 

(E) use a portion of funds received under this part to 

support at least one activity authorized under section 

4109(a), including an assurance that the local educational 

agency, or consortium of local educational agencies, will 

comply with the requirements of section 4109(b); and 

(F) annually report to the State for inclusion in the report described in section 4104(b)(1)(B) how funds are being 

used under this part 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), or (E) of subsection (e)(2). 


smartinez on DSK4TPTVN1PROD with REPORTS
591 

SEC. 4107. ACTIVITIES TO SUPPORT WELL–ROUNDED EDUCATIONAL 

OPPORTUNITIES. 

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 utilize 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’) by— 

(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 identified 

subjects; 

(iv) supporting the creation and enhancement of 

STEM-focused specialty schools; and (v) facilitating 

collaboration among school, after-school program, and 

informal program personnel to improve the integration 

of programming and instruction in the identified subjects; 


smartinez on DSK4TPTVN1PROD with REPORTS
592 

(vi) integrating other academic subjects, including 

the arts, into STEM programs to increase participation in STEM, improve attainment of STEM-related 

skills, and promote well-rounded education;’’ 

(D) efforts to raise student academic achievement 

through accelerated learning programs described in section 

4104(b)(2)(B)(i)(I)(dd), 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; or 

(I) programs and activities that support educational 

programs that integrate multiple disciplines, such as programs that combine arts and math; or’’ 

(J) other activities and programs to support student 

access to, and success in, a variety of well-rounded education experiences. 

SEC. 4108. 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 

under this section; and 

(5) may include, among other programs and activities— 

(A) to the extent the state, in consultation with local 

educational agencies in the state, determines that such 

evidence is reasonably available, evidence-based drug and 

violence prevention activities and programs (including programs to educate students against the use of alcohol, tobacco, marijuana, smokeless tobacco products, and electronic cigarettes), including professional development and 


smartinez on DSK4TPTVN1PROD with REPORTS
593 

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 section 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; 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 

(II) provide comprehensive school-based mental health services and supports and staff development for school and community personnel working 

in the school that are— 

(aa) based on trauma-informed and, to 

the extent the state, in consultation with local 

educational agencies in the state, determines 

that such evidence is reasonably available, 

evidence-based practices; 

(bb) coordinated (where appropriate) with 

early intervening services carried out 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, and which 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 


smartinez on DSK4TPTVN1PROD with REPORTS
594 

criminal or delinquent activities, or drug use and 

abuse; 

(vi) establish or improve school dropout and reentry programs; or 

Report Language: ‘‘The Conferees intend that throughout this 

part, references to children who are at risk of academic failure or 

dropping out of school include expectant and parenting students 

who have unique educational needs. Local educational agencies 

should provide opportunities for the enrollment, attendance, and 

success of such students.’’ 

(vii) establish learning environments and enhance 

students’ effective learning skills 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 

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 section 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, to the extent the state, in consultation with local educational agencies in the state, determines that such evidence is reasonably available, evidence-based strategies; 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 


smartinez on DSK4TPTVN1PROD with REPORTS
595 

(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 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. 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 allocation 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 identified 

in the need 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 districtwide 

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 utilizing 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— 


smartinez on DSK4TPTVN1PROD with REPORTS
596 

(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. 

(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. SUPPLEMENT, NOT SUPPLANT. 

Funds made available under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be 

used for activities authorized under this part. 

SEC. 4111. PROHIBITIONS. 

(a) PARENTAL CONSENT.— 

(1) IN GENERAL.— 

(A) INFORMED WRITTEN CONSENT.—Each entity receiving an allocation 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 part. 

(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 will may 

last. 

(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). 


smartinez on DSK4TPTVN1PROD with REPORTS
597 

(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 where 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 a child whose parent has 

not responded to the notice described in paragraph (1)(B) 

or who has attained 14 years of age and is an unaccompanied youth, as defined in section 725 of the Federal 

McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.

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 substance covered by the 

Controlled Substances Act (21 U.S.C. 801 et seq.) as a condition 

of— 

(1) receiving an evaluation or other services described 

under this part,’ or 

(2) attending a school receiving assistance under this 

title¿. 

(d) RULE OF CONSTRUCTION.—Nothing in this part 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 ø85XX¿ 

SEC. 4112. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this part 

$1,650,000,000 for fiscal year 2017 and $1,600,000,000 for each of 

fiscal years 2018 through 2020. 

2. The Senate bill reauthorizes and makes changes to the 

21st Century Community Learning Centers grant program. 

The House amendment consolidates this program into the 

Local Academic Flexible Grant. 

HR with an amendment to read as follows: 

PART B—21ST CENTURY COMMUNITY LEARNING CENTERS 

SEC. 4201. 21ST CENTURY COMMUNITY LEARNING CENTERS. 

(a) PROGRAM AUTHORIZED.—Part B of title IV (20 U.S.C. 7171 

et seq.) is amended to read as follows: 


smartinez on DSK4TPTVN1PROD with REPORTS
598 

PART B—21ST CENTURY COMMUNITY LEARNING CENTERS 

SEC. 4201. 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 challenging State academic standards under section 1111(b)(1); 

(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, art, 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 

(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 challenging State academic standards under section 1111(b)(1) 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 literacy, and related educational development and opportunities for active and meaningful engagement in their children’s education. 

(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 date of enactment of the Every Student Succeeds Act); and 

(B) the grant period had not ended on that date of enactment. 

(3) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a 

local educational agency, community-based organization, InVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00602 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
599 

dian 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 after school programs; or 

(B) in the case of a community where there is no such 

organization, a nonprofit organization in the community 

that enters into a agreement or partnership with an organization described in subparagraph (A) to receive mentoring and guidance. 

(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 21st century community learning center 

program under this part review all applications that the 

State receives for 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. 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 grant 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 SecVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00603 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
600 

retary 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 øsubpart 2 of part A of title I for the 

preceding fiscal year¿ bears to the amount all States received 

under øthat 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 

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 evaluation of programs and activities assisted under this part. 

(B) Providing capacity building, training, and technical 

assistance under this part. 

(C) 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. 

(G) Working with teachers, principals, parents, the 

local workforce, the local community, and other stakeVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00604 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
601 

holders to review and improve State policies and practices 

to support the implementation of effective programs under 

this part. 

(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 in section 4203(a)(11). 

SEC. 4203. 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; 

(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 that have been identified under 

øsection 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; 


smartinez on DSK4TPTVN1PROD with REPORTS
602 

(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, 

other Federal, State, and local public funds expended to provide 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 afterschool 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— 


smartinez on DSK4TPTVN1PROD with REPORTS
603 

(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 

(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 


smartinez on DSK4TPTVN1PROD with REPORTS
604 

agency received the notification, such application shall be deemed 

to be disapproved. 

(g) LIMITATION.—The Secretary may not impose a priority or 

preference for States or eligible entities that seek to use funds 

made available under this part to extend the regular school day. 

‘‘SEC. 4204. 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 

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 provide students at least 300 additional program hours before, during, or after the traditional school 

day; 

(B) supplement but do not supplant school day requirements; and 

(C) are awarded to 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— 


smartinez on DSK4TPTVN1PROD with REPORTS
605 

(i) in active collaboration with øthe schools participating students attend—NOTE: schools in which the 

students participating in the program attend?¿ (including through the sharing of relevant data among 

the schools), all participants in 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 1113 and the families of such students; 

(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 


smartinez on DSK4TPTVN1PROD with REPORTS
606 

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. 

(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 of ensuring the quality of such applications. 

(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) have been identified under øsection 

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— 


smartinez on DSK4TPTVN1PROD with REPORTS
607 

(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 

proximity and of sufficient quality to meet the requirements of 

this part. 

(3) LIMITATION.—A State educational agency may not impose a priority or preference for 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 initial 

subgrant period following an eligible entity receiving a subgrant. 

‘‘SEC. 4205. 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) State and local content and student academic 

achievement 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, 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; 


smartinez on DSK4TPTVN1PROD with REPORTS
608 

(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 

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 øthe 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— 


smartinez on DSK4TPTVN1PROD with REPORTS
609 

(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. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this part 

$1,000,000,000 for fiscal year 2017, $1,100,000,000 for each of fiscal 

years 2018 through 2020.’’. 

ø(b) TRANSITION.—The recipient of a multiyear grant award 

under part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.), as such Act was in effect on the day before the date of enactment of this Act, shall continue to receive funds in accordance with the terms and conditions 

of such award¿. 

3. The Senate bill reauthorizes and makes minimal changes to 

the Elementary and Secondary School Counseling Program. The 

House amendment consolidates this program into the Local Academic Flexible Grant. 

SR 

4. The Senate bill reauthorizes and makes minimal changes to 

the Physical Education Program. The House amendment consolidates this program into the Local Academic Flexible Grant. 

SR 

5. The House amendment and the Senate bill include the Family Engagement in Education Programs in different titles. 

HR/SR with an amendment to insert as ‘‘PART E’’ 

6. The Senate bill and the House amendment have different 

section references, but include identical purposes for the program. 

LC 

7. The Senate bill and the House amendment include different 

section references, but identical ‘‘grants authorized’’ language. 

LC 

8. The Senate bill and the House amendment have different 

section numbers for the ‘‘applications’’ section. 

LC 

9. The House amendment, but not the Senate bill, includes an 

assurance in the application for the applicant to conduct adult literacy training in the community, including financial literacy. 

SR 

10. The Senate bill and the House amendment have different 

section references in the ‘‘use of funds’’ language. 

LC 

11. The House amendment, but not the Senate bill, includes a 

provision to teach parents about the harms of copyright piracy in 

addition to technology in the uses of funds. 

HR 

12. The Senate bill and House amendment have different section references in the ‘‘technical assistance’’ language. 

LC 


smartinez on DSK4TPTVN1PROD with REPORTS
610 

13. The Senate bill and House amendment have different section references in the title. 

LC 

13a. The Senate bill, but not the House amendment, includes 

Indian tribe and tribal organizations as eligible contractors. 

HR 

14. The Senate bill authorizes such sums for each year 2016– 

2021. The House amendment authorizes $25,000,000 for each year 

2016–2019. 

HR with an amendment to strike ‘‘such sums as may be 

necessary’’ and insert ‘‘$10,000,000’’ and strike ‘‘2016 through 

2021’’ and insert ‘‘2017 through 2020’’ 

TITLE V—CHARTER SCHOOLS 

0. The charter school provisions use a different term for 

‘‘English learners’’ than other provisions in the bill. 

HR/SR Every reference to ‘‘Students who are English 

learners’’ should be changed to ‘‘English learners’’ 

0a. The Senate bill and the House amendment refer to expansion and replication differently. 

HR to use Senate language on ‘‘expansion and replication’’ 

1. The House amendment moves the Charter Schools Program 

from Title V in current law to Title III Part A. The Senate bill 

maintains the program as Title V Part A. 

HR/SR with an amendment to redesignate the charter 

school program as Part C of Title IV 

2. The Senate bill strikes, redesignates, and replaces a number 

of sections of current law, while the House amendment strikes and 

replaces current law wholesale. 

LC 

3. The Senate bill and the House amendment have different 

section titles. 

LC 

3a. The House amendment, but not the Senate bill, contains a 

findings section. 

HR 

4. The House amendment, but not the Senate bill, includes a 

sense of Congress. 

HR 

5. The House amendment, but not the Senate bill, includes a 

purpose of the program to improve the United States education 

system and build a stronger America. 

SR 

6. The Senate bill uses the phrase ‘‘increase’’ the number of 

high quality charter schools, while the House amendment uses the 

word ‘‘expand’’. 

HR 

7. The Senate bill and House amendment include different language regarding opportunities and referencing students. 

HR 

7a. The Senate bill has a reference to standards. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
611 

8. The House amendment, but not the Senate bill, includes a 

program purpose to support quality accountability and transparency for authorizing entities. 

SR with an amendment to strike ‘‘quality accountability’’ and insert ‘‘quality, accountability’’ 

9. The Senate bill includes early childhood students, while the 

House amendment does not. 

HR 

10. The Senate bill and House amendment use slightly different wording in paragraph (1). 

HR with an amendment to add ‘‘new’’ after ‘‘the startup 

of’’ and strike ‘‘the expansion of’’ and insert ‘‘to expand’’ 

11. The Senate bill specifies the activities that will be carried 

out under (A), whereas the House amendment blankets these activities under the umbrella of ‘‘charter school development.’’ 

HR with an amendment to add ‘‘new’’ after ‘‘the startup 

of’’ and strike ‘‘the expansion of’’ and insert ‘‘to expand’’ 

12. The Senate bill uses slightly different wording than the 

House amendment, but has similar policy. 

HR 

13. The Senate bill and House amendment use different crossreferences. 

LC 

14. The Senate bill and House amendment use different crossreferences. 

LC 

15. The Senate bill reserves no less than 25 percent for a national activities competition, while the House amendment caps national activities at 10 percent. 

HR with an amendment to strike ‘‘reserve not less than 

25%’’ and insert ‘‘reserve 22.5%’’ 

16. The Senate bill and House amendment use different crossreferences. 

LC 

16a. The House amendment and Senate bill have different references to the reservation language. 

LC 

16b. The House amendment, but not the Senate bill, includes 

subpart 2. 

HR 

16c. The Senate bill and House amendment have different references to the bill name. 

LC 

17. The House amendment, but not the Senate bill, requires 

GAO to issue a report on the State use of administrative funds. 

HR 

18. The Senate bill and the House amendment use different 

section numbers. 

LC 

19. The House amendment moves the definition of eligible entity to Section 3103(i). The Senate bill and House amendment contain identical language. 

LC 

20. The Senate bill inserts the phrase ‘‘on a competitive basis’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
612 

HR 

21. The Senate bill and House amendment use different crossreferences. 

LC 

22. The House amendment awards subgrants for ‘‘opening and 

preparing to operate’’, charter schools, while the Senate bill uses a 

different structure. 

SR with an amendment to strike paragraph (1) and insert: ‘‘(1) award subgrants to eligible applicants 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 

23. The Senate bill, but not the House amendment, lists specific activities that qualify as ‘‘improving authorizing quality’’. 

HR 

24. The Senate bill and the House amendment use different 

cross-references. 

LC 

24a. The House amendment and the Senate bill have different 

titles for the subsection. 

HR 

25. The House amendment allows the State to set-aside funds 

for administrative costs, which may include technical assistance, 

whereas the Senate bill clarifies the same set-aside can address the 

administrative costs of technical assistance. 

SR 

26. The House amendment allows a state entity to carry out 

a subgrant competition and technical assistance directly through 

grants, contractors, or cooperative agreements, while the Senate 

bill only allows their use to provide technical assistance. 

HR 

27. The House amendment and the Senate bill use different 

wording in the rule of construction regarding lotteries. 

SR with an amendment to strike ‘‘states’’ and insert 

‘‘state entities, or prohibit State entities from awarding subgrants to eligible applicants’’ 

28. The Senate bill and House amendment use different crossreferences. 

LC 

29. The Senate bill, but not the House amendment, clarifies 

that the rule of construction does not prohibit schools from specializing in providing specific services for students with special needs. 

HR 

Report Language: ‘‘Subparagraph (B) allows a public charter 

school receiving funding under this section to specialize in providing specific services; however, Conferees do not intend inclusion 

of this language to allow for funding under this section to support 

the opening, replication, or expansion of public charter schools that 

intentionally seek to serve only children with disabilities, children 

with a specific disability classification, or other children with specific needs through use of exclusionary recruitment, enrollment, or 


smartinez on DSK4TPTVN1PROD with REPORTS
613 

retention policies or procedures. Conferees believe that charter 

schools specializing in specific services must adhere to all Federal 

and State statutory and regulatory requirements pertaining to student recruitment, enrollment, and retention.’’ 

30. The Senate bill establishes a 3-year grant period with the 

possibility for a 2-year extension. The House amendment establishes a 5-year grant period. 

SR 

31. The Senate bill establishes a subgrant period of 3 years 

with the possibility of a 2-year extension, where planning time may 

not exceed 18 months. The House amendment caps subgrants at 5 

years, but also contains an 18 month limit for planning and design. 

SR 

31a. The Senate bill uses ‘‘awarding subgrants’’, but the House 

amendment uses ‘‘receiving a grant’’ 

LC 

32. The House amendment, but not the Senate bill, includes 

provisions outlining the number and amount of grants for the Secretary to disperse, as well as requirements for the Secretary to annually review how States are using their grant funds to assess if 

the Secretary should terminate or reduce the amount of grant 

funds. 

SR with an amendment to strike paragraph (3) and insert the following: 

(3) GRANT AWARDS.— (A) IN GENERAL.—The Secretary— 

(i) shall for each fiscal year for which funds are 

appropriated under 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 

(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). 


smartinez on DSK4TPTVN1PROD with REPORTS
614 

(B) REMAINING FUNDING.—In 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 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.¿ 

33. The Senate bill and the House amendment contain different titles, but similar wording for project diversity. 

LC 

33a. The Senate bill and House amendment use different 

words for awarding vs receiving. 

LC 

33b. The Senate bill and House amendment use different 

words for possible versus practicable and applicable. 

HR 

34. The Senate bill contains an additional provision that directs States to prioritize applicants that plan to serve students 

from low-income families. 

SR 

35. The Senate bill, but not the House amendment, clarifies 

that the waiver authority applies to charter schools supported 

under this part. 

SR 

35a. The House amendment and Senate bill have different 

cross-references. 

LC 

36. The Senate bill and House amendment contain similar 

grant limitations: a State cannot have more one than one grant 

awarded at a time. 

LC 

37. The Senate bill allows grantees to receive more than one 

subgrant during each grant period if it has ‘‘demonstrated a strong 

track record of positive results,’’ while the House amendment refers 

to ‘‘improved educational results.’’ 

SR 

38. The House amendment clarifies a distinct period (3 years) 

that is different than the total grant period (5 years) for demonstrating results, whereas the Senate bill maintains demonstration as ‘‘the course of the grant period’’. 

SR 

39. The Senate bill and House amendment use a slightly different structure. 

LC 

40. The Senate bill and House amendment use different list 

structures. 

LC 

41. The House amendment, but not the Senate bill, requires an 

explanation of how the State will help all charter schools to meet 

the needs of students with disabilities and English learners. SimiVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00618 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
615 

lar requirements occur in section 5102(f)(1)(A)(x) of the Senate bill 

and in section 3103(e)(xi) of the House amendment. 

SR 

42. The House amendment, but the not Senate bill, requires an 

explanation of how the State will have clear plans and procedures 

to assist students in the case of a charter revocation or closure. 

SR with an amendment to strike ‘‘have’’ and insert ‘‘ensure that public chartering agencies, in collaboration with 

surrounding local educational agencies where applicable, 

establish’’ 

43. The Senate bill and House amendment use different list 

structures. 

LC 

44. The House amendment requires the entity to work with the 

SEA to ‘‘adequately’’ operate the State entity’s program ‘‘where’’ applicable, the Senate bill does not include ‘‘adequately’’ and says ‘‘if’ 

applicable rather than ‘‘where’’. 

HR on ‘‘adequately.’’ LC on ‘‘if’’ vs ‘‘where’’ 

45. The House amendment specifies the activities that an applicant will carry out under its program, while the Senate bill does 

not. 

HR 

46. The Senate bill references to opening and expanding 

schools and the House amendment does not. 

SR with an amendment to strike subclause (I) and insert 

‘‘(I) is using funds provided under this section for the activities described in subsection (b)(1);’’ 

46a. The House amendment and the Senate bill use different 

cross-references. 

LC 

47. The House amendment, but not the Senate bill, specifies 

that the operation of the school will be continued in a way that is 

consistent with its application. 

SR 

48. The House amendment, but not the Senate bill, requires a 

description of how the entity will support school turnarounds. 

HR/SR with an amendment to strike clause (vii) and insert the following: 

(vii) support charter schools in local educational 

agencies identified by the State under section 1111(d), 

and the use of charter schools to improve, or in turning around, struggling schools; 

49. The Senate bill and House amendment both require an explanation of retention and inclusion practices for all students. The 

House amendment specifically identifies foster and homeless students, and disciplinary practices. 

HR/SR to strike paragraphs (viii) and (ix) and insert the 

following: 

(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 


smartinez on DSK4TPTVN1PROD with REPORTS
616 

(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; 

50. The Senate bill and House amendment both require an explanation of how the State will work with schools on recruitment 

practices. The House amendment additionally prohibits schools 

from having barriers (in the form of policies or procedures) for educationally disadvantaged students, and requires an explanation of 

how schools are in compliance with Federal and State laws on enrollment practices. 

See note 49. 

51. The Senate bill and House amendment both require explanations on how the state entity will share best practices. The 

House amendment additionally includes enumerated course and 

subject materials (professional development in STEM, etc). 

HR with an amendment to strike ‘‘among’’ and insert 

‘‘between’’ 

52. The Senate bill and House amendment use different list 

structures. 

LC 

53. The Senate bill and House amendment use different crossreferences. 

LC 

54. The House amendment differentiates authorizing requirements for State entities that are a State educational agency, a 

State charter school board, or Governor of a State. øSee below for 

Charter Support Organization (CSO) Applicants¿ The Senate bill 

requires an explanation of which actor in the state will be responsible for oversight of public chartering agencies, and includes a rule 

of construction regarding changing state law/practices. 

SR with an amendment to add ‘‘how the State’’ after 

‘‘(xiv)’’ and strike ‘‘actively’’ 

55. House amendment differentiates authorizing requirements 

for State entities that are CSOs. The House amendment requires 

CSOs to participate State charter authorizer oversight activities. 

The Senate bill includes all applicants in the authorizing requirements in (B) See note 54. 

SR 

56. The House amendment, but not the Senate bill, requires a 

description of how the State entity will support the creation of secondary schools. 

SR 

57. The Senate bill and House amendment use different section 

references. 

LC 

58. The Senate bill and House amendment require information 

on how the State can carry out priorities and is working to develop 

a statewide system that supports charter schools, but use slightly 

different wording. 

HR 

59. The Senate bill requires a description of how the State entity will solicit input from parents and communities. The House 

amendment has them later in the bill. See notes 65 and 79. 


smartinez on DSK4TPTVN1PROD with REPORTS
617 

SR 

60. The House amendment, but note the Senate bill, requires 

the State to create a strategy to encourage relationships between 

charter schools and LEAs. 

SR 

61. The Senate bill and House amendment use slightly different language to describe the subgrant process. 

LC 

62. The Senate bill specifically refers to ‘‘charter management 

organizations’’ (CMOs), while the House amendment refers to 

‘‘partner organizations.’’ 

SR 

63. The Senate bill and House amendment require descriptions 

of quality controls, and include contracts or performance agreements and inclusion of student achievement performance as potential examples. The Senate bill additionally includes financial audits 

and closure procedures as examples, while the House amendment 

refers to revocation and renewal procedures. 

SR with an amendment strike ‘‘academic’’ before ‘‘accountability system’’ and add ‘‘and impact on student 

achievement (which may include student academic growth) 

after ‘‘system’’ 

64. The Senate bill, but not the House amendment, requires a 

description of how autonomy and flexibility for charter schools is 

consistent with the definition of a charter school. 

HR 

65. The House amendment requires subgrant applicants to solicit parental and community input. The Senate bill includes parental/community involvement language in section 5103(f)(1)(C)(iii) 

(see note 59). See also Selection Criteria for both Senate and House 

bills. 

SR 

66. The Senate bill and House amendment are similar, but use 

slightly different wording. The Senate bill refers to ‘‘fiscal sustainability’’ and the House amendment uses ‘‘financial sustainability’’. 

SR 

67. The Senate bill requires applicants to describe parental engagement activities. No specific requirement exists in the House 

amendment. 

SR with an amendment to insert the following: 

(V) 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 

68. The Senate bill includes ‘‘from eligible applicants’’ after applications. 

LC 

69. The House amendment refers to ‘‘State entity,’’ while the 

Senate bill uses ‘‘entity’’. 

SR 

70. The Senate bill requires a description of how the State entity will help ‘‘address’’ transportation needs, while the House 

amendment uses ‘‘consider’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
618 

HR/SR with an amendment to strike (F) and insert the 

following: 

‘‘(F) a description of how the State entity will ensure each 

charter school receiving funds under the State entity’s program 

have considered and planned for the transportation needs of the 

schools’ students; and’’ 

71. The Senate bill, but not the House amendment, requires information about State open meetings and open records laws. 

HR 

72. The House amendment requires a description of how the 

State entity will support diverse charter models. The Senate bill includes no such provision. 

SR 

73. The House amendment requires ‘‘a description of how assurances will be met.’’ The Senate bill requires an assurance. 

HR 

74. The Senate bill, but not the House amendment, includes 

‘‘autonomy in personnel decisions’’ under autonomy of budget and 

operations. 

HR 

75. The Senate bill and House amendment use different cross 

references (but both refer to identical language). 

LC 

76. The House amendment refers to the ‘‘State entity’s program’’ while the Senate bill refers to the ‘‘entity’s’’ program. 

SR 

77. The Senate bill, but not the House amendment, requires 

the State entity to hold authorizers accountable for ensuring that 

charter schools meet federal compliance requirements. 

SR 

78. The Senate bill and House amendment requires States to 

ensure authorizers will monitor recruitment and enrollment processes. The Senate bill also includes monitoring of ‘‘retaining’’ students and requires authorizes to provide technical assistance. See 

3103(2)(D) for similar technical assistance in the House amendment. 

HR with an amendment to strike ‘‘and provides adequate technical assistance to’’ 

79. The House amendment, but not the Senate bill, requires 

authorizers to have oversight of schools to ensure they solicit parent and community input. 

HR 

80. The House amendment, but not the Senate bill, requires 

that State entities provide adequate technical assistance to eligible 

entities to meet program objectives. 

SR with an amendment to strike ‘‘and (ix)’’ after ‘‘(viii)’’ 

and strike paragraph (ii) 

81. The House amendment requires States to provide technical 

assistance for recruiting, enrolling, and retaining ‘‘underserved students’’ at ‘‘rates similar to public schools,’’ while the Senate bill 

does not make this distinction. See sec. 5103(2)(C) for slightly similar provisions. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
619 

82. The Senate bill and House amendment requires promoting 

quality authorizing, but the Senate bill clarifies this action to be 

consistent with State law. 

HR 

83. The House amendment requires the inclusion of measures 

as part of the annual assessment of performance data, as appropriate, whereas the Senate bill lists measures as examples. 

SR 

84. The House amendment, but not the Senate bill, requires a 

description of how the State entity will work to ensure that charter 

schools are included in decisionmaking. 

SR 

85. The Senate bill requires this info to be published on the 

school website, and must include parent contract requirements, financial obligations, and enrollment criteria. 

HR with an amendment to strike ‘‘in the State’’ and insert ‘‘, receiving funds under the State entity’s program,’’ 

86. The House amendment, but not the Senate bill, clarifies 

that annual performance data is not necessary if the results would 

reveal personally identifiable information and includes ‘‘any other 

information the State requires all public schools to be reported.’’ 

HR with amendment to insert at the end of (E) ‘‘, except 

that such disaggregation 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’’ 

87. The Senate bill and House amendment use slightly different wording. 

SR 

88. The House amendment refers to ‘‘the law’’, while the Senate refers to ‘‘such law’’. 

HR 

89. The Senate bill requires the Secretary to consider the actual number of schools to be opened and students served, whereas 

the House amendment uses the term ‘‘ambitiousness’’ of the State 

entity’s objectives for the program. 

SR 

90. The House amendment includes a selection criteria for 

quality strategies that assess achievement of program objectives. 

HR 

91. The Senate bill focuses on schools’ progress toward meeting 

the definition of a high-quality charter school, whereas the House 

amendment focuses on meeting applicant objectives. 

SR 

91a. The Senate bill and House amendment have different language on the State entity’s plan. 

SR 

92. Both the House amendment and the Senate bill require 

State entities to monitor subgrantees, but the House amendment 

uses the qualifier ‘‘adequate’’ to describe monitoring practices. 

SR 

93. The House amendment, but not the Senate bill, requires 

States to describe how they will avoid duplication of work. 


smartinez on DSK4TPTVN1PROD with REPORTS
620 

SR 

94. Both the House amendment and the Senate bill require 

States to describe plans for technical assistance, but the House 

amendment uses the qualifier ‘‘adequate’’ for technical assistance. 

HR 

94a. The House amendment and the Senate bill have different 

language in (I). 

LC 

95. The Senate bill and the House amendment use different 

list structures. 

LC 

95a. The Senate bill and the House amendment have different 

language regarding authorized public chartering agencies. 

SR 

95b. The Senate bill and the House amendment have different 

language regarding appeals. 

HR 

96. The House amendment, but not the Senate bill, gives priority to States without caps on charter schools. 

HR 

97. The Senate bill and the House amendment use slightly different wording. 

SR 

98. The House amendment, but not the Senate bill, requires a 

State entity to demonstrate that its State offers these opportunities. 

HR 

99. The Senate bill, but not the House amendment, lists the 

ability to share in bonds or mill levies. 

HR 

100. The House amendment, but not the Senate bill, gives priority to States that partner with organizations that have been successful in supporting statewide charter development. 

HR 

101. Both the House amendment and the Senate bill give priority to States that support charter schools that engage in dropout 

prevention activities, but the House amendment adds comprehensive career counseling practices. 

SR 

102. The Senate bill gives priority to States that offer charter 

schools a high degree of autonomy. 

SR 

103. The House amendment grants priority for States that authorize all charter schools to serve as school food authorities. 

HR 

104. The Senate bill uses ‘‘may include’’, whereas the House 

amendment uses ‘‘such as’’ to describe allowable use of funds. 

HR with an amendment to strike ‘‘may’’ and insert 

‘‘shall’’ and to insert ‘‘one or more of the following activities—’’ after ‘‘include’’ 

104a. The House amendment includes ‘‘open and prepare to operate’’. 

HR with an amendment to strike ‘‘carry out activities 

related to opening a new charter school, replicating a highVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00624 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
621 

quality charter school, or expanding a high-quality charter 

school, which may include’’ and insert ‘‘support one or more 

of the activities described in subsection (b)(1), which shall 

include one or more of the following activities’’ 

105. The Senate bill allows charter schools to use funding for 

‘‘acquisition, expansion, or preparation’’ of a school building, while 

the House amendment allows funding to be used for necessary renovations and minor repairs. 

HR/SR with an amendment to strike paragraphs (1) 

through (6) and insert the following: 

(1) preparing teachers, school leaders, and specialized instructional support personnel, including through paying the 

costs associated with— 

(A) providing professional development; 

(B) hiring and compensating, during the eligible applicant’s planning period specified in the application for 

subgrant funds required under this section, one or more of 

the following— 

(i) teachers, 

(ii) School leaders; or 

(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, including renovations to ensure that a new school building complies with applicable statutes and regulations, and minor facilities repair (excluding construction). 

(4) Providing one-time, startup costs associated with providing transportation to students to and from the charter 

school; 

(5) community engagement activities, which may include 

the cost of students and staff recruitment; or 

(6) Providing for other appropriate, non-sustained costs related to planning, opening, and preparing to operate a new 

charter school, replicating a high-quality charter school, or expanding a high-quality charter school when such costs cannot 

be met from other sources. 

106. The Senate bill allows funding to be used for hiring teachers, while the House amendment allows funding to be used for 

‘‘preparing’’ teachers and school leaders. The Senate bill refers to 

professional development in (4). 

See note 105. 

107. The Senate bill, but not the House amendment, allows 

funding to be used to provide transportation. 

See note 105. 

108. Both the Senate bill and House amendment allow funding 

to be used for instructional materials and supplies. The Senate bill 

also allows funding to be used to hire additional nonteaching staff. 

See note 105. 

109. The Senate bill, but not the House amendment, includes 

a general use of funds allowance. 

See note 105. 


smartinez on DSK4TPTVN1PROD with REPORTS
622 

Report Language: ‘‘Conferees intend for subgrantees to be able 

to use funding to pay the costs associated with professional development, which may include training for charter school board members on how to fulfill their oversight, management, and governance 

responsibilities and effectively support charter schools.’’ 

110. The Senate bill allows funding to be used for early childhood education programs, while the House amendment does not. 

SR 

111. While the Senate bill and House amendment have different grant period limits, reports under both bills are required at 

the end of the third year, and two years afterward (effectively). 

SR 

111a. The Senate bill and House amendment have different 

language in (1). 

HR 

112. The House amendment, but not the Senate bill, requires 

the State to report on how it met the State-determined objectives 

outlined in the State’s application. 

SR 

113. The Senate bill and House amendment contain similar 

language. The Senate bill additionally requires States to report on 

the amount of each subgrant awarded. 

HR 

114. The Senate bill and the House amendment contain similar 

language, although the House amendment requires States to report 

on their progress on all priorities, as applicable, whereas the Senate bill only requires reporting on some of those priorities. 

HR/SR 

114a. The Senate bill and the House amendment have different language in Senate (B) and House (5). 

LC 

115. The Senate bill requires reporting on subgrantee use of 

funds for early childhood programs, if applicable. 

SR 

116. The Senate bill and the House amendment have different 

section numbers. 

LC 

117. The Senate bill requires the Secretary to award not less 

than 3 grants. The House amendment does not contain a grant 

number directive, but does require the Secretary to consider the diversity of applications when awarding grants. 

HR 

118. The Senate bill, but not the House amendment, refers to 

applicant as eligible entity. 

LC 

119. The House amendment, but not the Senate bill, includes 

a reference to subsection (a). 

LC 

120. The Senate bill clarifies that predevelopment costs qualify 

as costs related to construction of new facilities. 

SR 

121. The Senate bill and the House amendment contain substantively identical language. 

SR 


smartinez on DSK4TPTVN1PROD with REPORTS
623 

122. The House amendment includes the applicable subsection 

ø(e)¿. 

LC 

123. The House amendment clarifies the applicable section 

ø(a)¿. 

LC 

124. The House amendment clarifies an exclusion for subsection (k). 

SR 

125. The Senate bill clarifies an exclusion for subsection (k), 

and the House amendment clarifies the applicable subsection ø(a)¿. SR 

126. The House amendment clarifies the applicable subsection 

ø(f)(1)¿. SR 

127. The House amendment, but not the Senate bill, clarifies 

that GEPA applies to recovery of funds. 

LC 

128. The House amendment, but not the Senate bill, includes 

a reference to U.S. Code. 

LC 

129. The Senate bill and House amendment are identical, but 

use different section references. 

LC 

129a. The House amendment and Senate bill have different 

language for supplement, not supplant language. 

SR 

130. The House amendment, but not the Senate bill, clarifies 

an exception for clause ø(ii)¿. HR 

131. The House amendment, but not the Senate bill, contains 

provisions regarding States without per-pupil facilities aid programs specified in State law. 

SR 

132. The Senate bill directs the Secretary to reserve not less 

than 80 percent of funds for the CMO competition. The House 

amendment reserves not less than 75 percent for a grant competition to serve CMOs and applicants that did not apply/receive a 

grant under section 3103. 

HR with an amendment to strike ‘‘less’’ and insert 

‘‘more’’ 

133. The Senate bill reserves the remainder of funds (essentially not more than 20%) for the remaining national activities. The 

House amendment directs the Secretary to reserve not more than 

25% for the remaining national activities. 

HR/SR with an amendment to insert the following: 

(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— 


smartinez on DSK4TPTVN1PROD with REPORTS
624 

(A) a State that did not apply for a grant under section 4303; or 

(B) a State that did not receive a grant under section 

4303; and 

134. The Senate bill allows funding for national activities to be 

used to award grants to eligible applicants in states that did not 

receive a grant under section 5103. The House amendment includes 

this program in the CMO competition. 

See note 133. 

135. The Senate bill authorizes grants for CMOs and nonprofits to replicate and expand high-quality charter school models, 

whereas the House amendment also authorizes the grants for startups, and delineates allowable activities as defined under the State 

grant competition. 

HR 

136. The Senate bill and the House amendment both define eligible entities as CMOs, but the Senate bill also encompasses nonprofits overseeing CMOs, and the House amendment extends 

grants to eligible applicants in states that did not receive a grant, 

and does not extend eligibility to nonprofits. 

HR with amendment to strike subparagraph (A) 

137. The Senate bill outlines specific application requirements 

for grants available under this subsection, whereas the House 

amendment uses the same terms and conditions required under 

section 3103. 

HR 

138. The House amendment also reserves 75 percent of the 

subsection (b) grant competition for CMOs. 

HR 

139. The Senate bill and the House amendment selection criteria for subsection (b) grants are similar, but not identical. 

HR/SR with amendment to read as follows: 

(2) 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 category of students described in section 1111(b)(2)(B)(xi); 

(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 (as such rates were 

calculated on the day before enactment of the 

Every Student Succeeds Act); and 

(iii) information on any significant compliance 

and management issues encountered within the 

last 3 years by any school operated or managed by 


smartinez on DSK4TPTVN1PROD with REPORTS
625 

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 to be replicated or expanded with 

funding under this subsection. 

(ii) the educational program that the eligible entity will implement in the charter schools that the 

eligible entity proposes to replicate or expand, including information on how the program will enable all students to meet the challenging State 

academic standards under section 1111(b)(1), the 

grade levels or ages of students who will be 

served, and the instructional practices that will be 

used. 

(iii) how the operation of the charter schools to 

be replicated or expanded 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. 

(iv) how the eligible entity will ensure schools 

that expand or replicate using funding provided 

under this section will recruit and enroll students, 

including children with disabilities, English learners, and other educationally disadvantaged students. 

(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 the charter schools to 

be replicated or expanded with funding under this 

subsection. 

(C) ASSURANCES.—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; and 

(3) 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 (2), 

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 øsubgroup¿ of students defined in section 1111(b)(3)(A) 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; 


smartinez on DSK4TPTVN1PROD with REPORTS
626 

(ii) have had a school charter revoked due to 

problems with statutory or regulatory compliance; 

or 

(iii) have had the school’s affiliation with the eligible entity revoked or removed, 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; and 

(4) 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 for improvement by the State; 

(C) propose to replicate high-quality charter school that 

are secondary schools or expand high-quality charter 

school models to serve secondary school students; or 

(D) propose to operate or manage high-quality charter 

schools that focus on dropout recovery and academic reentry. 

140. The Senate bill and House amendment allow grants to be 

made on the basis of the quality of the application submitted. The 

Senate bill provides more detail on the application requirements 

under (2). See note 137. 

See note 139. 

141. The Senate bill includes selection criteria for demonstrated success in student achievement for all students. 

See note 139. 

142. The House amendment includes selection criteria for the 

number of network schools that meet the definition of a high-quality charter school. 

See note 139. 

143. Both the Senate bill and House amendment require considering the demonstrated success in serving educationally disadvantaged students, and the Senate bill extends this provision to 

each of the categories of students and includes a cross-reference. 

See note 139. 

144. The House amendment, but not the Senate bill, requires 

the Secretary consider whether the applicant has school closure 

procedures. 

See note 139. 

145. The Senate bill, but not the House amendment, requires 

the Secretary to consider the applicant’s financial and operational 

model. 

See note 139. 

146. The Senate bill and House amendment require the Secretary to take into account whether the applicant has managed unsuccessful charter schools, but use different wording to describe 

such charter schools. 

See note 139. 


smartinez on DSK4TPTVN1PROD with REPORTS
627 

147. The Senate bill, but not the House amendment, requires 

a determination regarding statutory or regulatory compliance. 

See note 139. 

148. The House amendment, but not the Senate bill, requires 

the Secretary to consider the applicant’s demonstrated success 

working with schools identified for improvement. 

See note 139. 

149. The Senate bill, but not the House amendment, prioritizes 

applicants serving high numbers of disadvantaged students. 

See note 139. 

150. The Senate bill and House amendment use different crossreferences. 

LC 

151. The House amendment, but not the Senate bill, includes 

the manner in which the Secretary may award grants. 

HR 

152. The Senate bill, but not the House amendment, adds new 

subsection (c) to explain how Title I, Part A funding should be calculated for a new or significantly expanding charter schools. 

HR 

153. The Senate bill amends the definition of a charter school, 

while the House amendment moves the definition of a charter 

school to Title VI. 

HR 

154. The Senate bill includes the term ‘‘operates or manages 

multiple’’ while the House amendment includes ‘‘manages a network of’’ in the definition of charter management organization. 

SR with an amendment to add ‘‘operates or’’ after ‘‘organization that’’ 

155. The Senate bill specifies a minimum threshold of 50 percent or adding 2 or more grades for determining whether a highquality charter school has expanded. The House amendment uses 

the term ‘‘significantly’’ increased and specifies adding 1 or more 

grades. 

SR 

156. The House amendment does not contain the qualifier ‘‘student’’. 

HR 

157. The House amendment includes cross reference to Title I 

requirements. 

HR 

158. The Senate bill and House amendment use different crossreferences. 

HR with an amendment to strike ‘‘categories of students, as defined in section 1111(b)(3)(A)’’ and insert ‘‘subgroups of students, as defined in section 1111(c)(2)’’ 

159. The Senate bill, but not the House amendment, includes 

a requirement that replicated charter schools must be operated or 

managed by the same nonprofit organization. 

SR 

160. The Senate bill authorizes ‘‘such sums’’ annually through 

2021, while the House amendment authorizes $300 million annually through 2019. 

HR/SR with an amendment to read as follows: 


smartinez on DSK4TPTVN1PROD with REPORTS
628 

SEC. 5111. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out the activi- ties of this part, $270,000,000 for fiscal year 2017, $270,000,000 for 

fiscal year 2018, $300,000,000 for fiscal year 2019, $300,000,000 for 

fiscal year 2020. 

TITLE V—MAGNETS NOTES 

1. The Senate bill redesignates Part C as Part B of Title V and 

redesignates sections accordingly throughout, while the House 

amendment redesignates Part C as subpart 2 of Title III. 

HR/SR with amendment to redesignate as part D of Title 

IV 

2. The Senate bill includes the findings in current law, while 

the House amendment strikes such findings. 

HR with amendment to strike ‘‘2,000,000’’ and insert 

‘‘2,500,000’’ and strike ‘‘65’’ and insert ‘‘69’’ 

3. The Senate bill, but not the House amendment, adds socioeconomic integration to this purpose in paragraph (1). 

SR 

4. The Senate bill, but not the House amendment, adds ‘‘expansion’’ in addition to development and implementation. 

HR 

5. The Senate bill refers to ‘‘challenging’’ standards, and references standards under Title I. 

HR 

6. The Senate bill, but not the House amendment, adds ‘‘expansion’’ in addition to development and design. 

HR 

7. The Senate uses the phrase ‘‘enter the workforce without the 

need for postsecondary education’’ while the House amendment refers to ‘‘postsecondary education or employment’’. 

SR 

8. The Senate bill, but not the House amendment, inserts language about ethnic and socioeconomic backgrounds. 

SR 

9. The House amendment, but not the Senate bill, refers to authorized appropriations for the program. 

HR 

10. The Senate bill, but not the House amendment, adds a requirement to submit any available evidence of increasing integration. 

HR with an amendment to insert ‘‘or if such evidence is 

not available, a rationale, based on current research, for’’ 

before ‘‘how the proposed magnet school’’ 

11. The Senate bill, but not the House amendment, adds a requirement to submit evidence to support this description. 

SR with an amendment to insert ‘‘including any evidence, or if such evidence is not available, a rationale based 

on current research findings, to support such description.’’ 

at the end of (B) 

12. The Senate bill, but not the House amendment, adds a description of how the applicant will monitor the impact of funded activities. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
629 

13. The Senate bill makes a technical edit. 

LC 

14. The Senate bill and House amendment make similar modifications referring to ‘‘effective’’ rather than ‘‘highly qualified’’ 

teachers. 

LC 

15. The Senate bill expands anti-discrimination requirements 

to cover current actions. 

SR 

16. The Senate bill makes a technical edit. 

LC 

17. The Senate bill makes a technical edit. 

LC 

18. The Senate bill adds evidence-based priorities for creating 

new, or revising, and expanding magnet school programs. 

HR/SR with an amendment to insert the following: 

(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) expand or 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. 

19. The Senate bill makes a technical edit. 

HR 

20. The Senate bill, but not the House amendment, adds an 

additional use of funds to establish, expand, or strengthen interdistrict magnet programs. 

HR with an amendment to insert the following after 

paragraph (8): 

(9) to provide transportation to and from the magnet school, 

provided that such transportation is sustainable beyond the grant 

period. 

21. The Senate bill and the House amendment contain similar 

language, but the House amendment lists out specific academic 

courses, whereas the Senate bill refers to academic, career, or technological skills and professional skills. 

SR 

22. The Senate bill refers to ‘‘challenging’’ standards, and references standards under Title I. 

HR 

23. The Senate bill, but not the House amendment, provides 

for a possible two year grant renewal. 

SR with an amendment to strike ‘‘3’’ and insert ‘‘5’’ in (a) 

and strike (c) and insert the following: 


smartinez on DSK4TPTVN1PROD with REPORTS
630 

(c) AMOUNT.—No grant awarded under this part to a local educational agency, or consortium of such agencies, shall be for more 

than $15,000,000 for the grant period referred to in subsection (a) 

24. The Senate bill, but not the House amendment, changes 

the award month to June. 

HR 

25. The House amendment redesignates section 5310 as section 

3127, while the Senate bill strikes this evaluation in entirety. 

HR 

26. The Senate bill authorizes the program at such sums as 

may be necessary. The House amendment moves this provision to 

Section 3 and authorizes funding at $91,600,000. 

HR with amendment to strike ‘‘such sums as may be 

necessary for each of fiscal years 2016 through 2021’’ and insert ‘‘$94,000,000 for fiscal year 2017, $96,820,000 for fiscal 

year 2018, $102,387,150 for fiscal year 2019, $108,530,379 for 

fiscal year 2020’’ 

27. The Senate bill, but not the House amendment, adds an allowable reservation for technical assistance. 

HR with an amendment to strike ‘‘carry out dissemination projects’’ and insert ‘‘share best practices’’ 

28. The House amendment and Senate bill refer to different 

cross references for authorized appropriations for the program. 

HR 

TITLE V PART C–L—PROGRAMS 

1. The Senate bill, but not the House amendment, authorizes 

the Supporting High-Ability Learners and Learning program. 

HR with an amendment to insert the following as a new 

Title IV Part øF¿: 

SEC. 4XXX. SUPPORTING HIGH-ABILITY LEARNERS AND LEARNING. 

ø(a) PURPOSE.—The purpose of this section is to promote a coordinated program, to be known as the ‘Jacob K. Javits Gifted and 

Talented Students Education Program’, of evidence-based 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 


smartinez on DSK4TPTVN1PROD with REPORTS
631 

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 each 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 

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 for identifying and educating students who may not be served by traditional gifted 

and talented programs (such as summer programs, mentoring 

programs, peer tutoring programs, service learning programs, 

and cooperative learning programs involving business, industry, and education). 

(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) may 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 

which 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— 


smartinez on DSK4TPTVN1PROD with REPORTS
632 

(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 

section as activities that meet the requirements of øsection 

8101(23)(A)(i).¿ 

(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 nonprofit private 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.’’ 

2. The Senate bill, but not the House amendment, authorizes 

the Education Innovation and Research program. See note 78. 

HR with an amendment to insert the following as a new 

Title IV Part øF¿: 


smartinez on DSK4TPTVN1PROD with REPORTS
633 

SEC. 4611. GRANTS FOR EDUCATION INNOVATION AND RESEARCH. 

(a) PROGRAM AUTHORIZED.— 

(1) IN GENERAL.—From funds reserved under section 

4601(b)(2)(A), the Secretary shall make grants to eligible entities to enable the eligible entities to— 

(A) develop, implement, replicate, or scale entrepreneurial, evidence-based, field-initiated innovations to improve student achievement and attainment for high-need 

students; and 

(B) rigorously evaluate such innovations. 

(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 State educational agency, a local educational agency, 

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.—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: 

(1) The grantee is— 

(A) a local educational agency with an urban-centric 

district locale code of 32, 33, 41, 42, or 43, as determined 

by the Secretary; 


smartinez on DSK4TPTVN1PROD with REPORTS
634 

(B) a consortium of such local educational agencies; or 

(C) an educational service agency or a nonprofit organization in partnership with such a local educational agency. 

(2) A majority of the schools to be served by the program 

are designated with a school locale code of 32, 33, 41, 42, or 

43, or a combination of such codes, as determined by the Secretary. 

(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 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 in designated tribal 

areas. 

(e) EVALUATION.—Each recipient of a grant under this section 

shall conduct an independent evaluation of the effectiveness of the 

program carried out with a grant under this section carried out 

under subsection (a)(1). 

(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 provide technical assistance for 

eligibility entities, which may include pre-application workshops 

and web-based seminars, and to disseminate best practices. 

3. The Senate bill, but not the House amendment, authorizes 

the Accelerated Learning program. See note 78. 

SR 

4. The Senate bill, but not the House amendment, authorizes 

the Ready-to-Learn program. See note 78. 

HR with an amendment to insert the following as a new 

Title IV Part øF¿: 

SEC. 4XXX. 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— 


smartinez on DSK4TPTVN1PROD with REPORTS
635 

ø(A) be known as ‘Ready to Learn Programming 

awards’; and¿ 

(B) be used to— 

(i) develop, produce, and distribute 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-based 

children’s programming and resources for parents and 

caregivers 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 are 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, teachers, Head Start providers, providers of 

family literacy services, child care providers, early 

childhood development personnel, 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 maVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00639 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
636 

jority 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— 

(A) to maximize the utilization of 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. 


smartinez on DSK4TPTVN1PROD with REPORTS
637 

(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 

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 øof 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). 

5. The Senate bill and House amendment have different names 

for these programs. 

HR/SR with an amendment to strike. 

6. The Senate bill, but not the House amendment, enumerates 

specific purposes for this program. 

HR/SR with an amendment to strike. 

7. The House amendment, but not the Senate bill, includes 

findings. 

HR/SR with an amendment to strike. 

8. The Senate bill, but not the House amendment, defines ‘‘digital learning’’. 

HR/SR with an amendment to strike. 

9. The House amendment, but not the Senate bill, defines the 

term ‘‘eligible partnership’’. 

HR/SR with an amendment to strike. 

10. The Senate bill, but not the House amendment, defines the 

term ‘‘eligible technology’’. 

HR/SR with an amendment to strike. 

11. The House amendment, but not the Senate bill, defines the 

term ‘‘school partner’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
638 

HR/SR with an amendment to strike. 

12. The House amendment, but not the Senate bill, defines the 

term ‘‘digital learning partner’’. 

HR/SR with an amendment to strike. 

13. The Senate bill, but not the House amendment, defines the 

term ‘‘technology readiness survey’’. 

HR/SR with an amendment to strike. 

14. The House amendment, but not the Senate bill, defines the 

term ‘‘evaluation partner’’. 

HR/SR with an amendment to strike. 

15. The Senate bill, but not the House amendment, defines the 

term ‘‘universal design for learning’’. 

HR/SR with an amendment to strike. 

16. The House amendment, but not the Senate bill, defines the 

term ‘‘institution of higher education’’. 

HR/SR with an amendment to strike. 

17. The House amendment, but not the Senate bill, defines the 

term ‘‘local educational agency’’. 

HR/SR with an amendment to strike. 

18. The House amendment, but not the Senate bill, defines the 

term ‘‘Secretary’’. 

HR/SR with an amendment to strike. 

19. The Senate bill, but not the House amendment, contains 

restrictions concerning the E-Rate program. 

HR/SR with an amendment to strike. 

20. The Senate bill authorizes grants to States for the purposes 

of subgranting on a competitive or formula basis depending on appropriated levels. The House amendment authorizes a competitive 

grant program directly to eligible partnerships. 

HR/SR with an amendment to strike. 

21. The Senate bill, but not the House amendment, specifies 

grant reservations. 

HR/SR with an amendment to strike. 

22. The House amendment sets grant period parameters between 3–5 years. The Senate bill is silent on grant period descriptions—both for grants and subgrants—but requires the Secretary 

to make grants for each fiscal year. 

HR/SR with an amendment to strike. 

23. The House amendment names the school as the fiscal 

agent. The Senate bill directs grants to State educational agencies. 

HR/SR with an amendment to strike. 

24. The Senate bill, but not the House amendment, defines 

minimum allotment requirements to States. 

HR/SR with an amendment to strike. 

25. The Senate bill, but not the House amendment, defines reallotment requirements. 

HR/SR with an amendment to strike. 

26. The Senate bill, but not the House amendment, requires a 

State match of funding from non-federal sources. 

HR/SR with an amendment to strike. 

27. The Senate bill, but not the House amendment, allows for 

an exception to the State match requirement. 

HR/SR with an amendment to strike. 


smartinez on DSK4TPTVN1PROD with REPORTS
639 

28. The Senate bill and House amendment have different leadins to the application contents. 

HR/SR with an amendment to strike. 

29. The Senate bill, but not the House amendment, requires a 

description on promoting college and career readiness, including 

with isolated populations. 

SR 

30. The Senate bill, but not the House amendment, requires a 

description on professional development on personalized learning 

and open educational resources. 

SR 

31. The Senate bill, but not the House amendment, requires a 

description on building infrastructure. 

SR 

32. The Senate bill, but not the House amendment, requires an 

assurance that each local educational agency will conduct a technology readiness survey. 

SR 

33. The Senate bill, but not the House amendment, requires an 

assurance on interoperable technology systems. 

SR 

34. The Senate bill, but not the House amendment, requires an 

assurance on making content widely available. 

SR 

35. The Senate bill, but not the House amendment, requires a 

description on how the state will award subgrants. 

SR 

36. The Senate bill, but not the House amendment, requires a 

description on how the state will evaluate program impact. 

SR 

37. The Senate bill, but not the House amendment, requires an 

assurance on consultation with local educational agencies. 

SR 

38. The Senate bill, but not the House amendment, requires an 

assurance on matching funds. 

SR 

39. The Senate bill, but not the House amendment, requires an 

assurance on privacy. 

SR 

40. The Senate bill, but not the House amendment, requires an 

assurance that funding will supplement, not supplant Federal, 

State, or local funds. 

SR 

41. The House amendment, but not the Senate bill, requires a 

description of the eligible partnership. 

SR 

42. The House amendment, but not the Senate bill, requires a 

description on technology-based learning. 

SR 

43. The House amendment, but not the Senate bill, requires an 

assurance on relevant teacher licensure requirements. 

SR 

44. The House amendment, but not the Senate bill, requires an 

assurance on student access to equipment. 


smartinez on DSK4TPTVN1PROD with REPORTS
640 

HR 

45. The House amendment, but not the Senate bill, requires an 

assurance on parental consent. 

HR 

46. The House amendment, but not the Senate bill, requires a 

description about the need, quality, and strength of partnership experience, and quality of evaluation. 

HR 

47. The House amendment, but not the Senate bill, requires a 

description on how the evaluation complies with IES evaluation design. 

HR 

48. The House amendment, but not the Senate bill, requires a 

description on the program evaluation design that meets the parameters required under this part. See note 71. 

HR 

49. The House amendment, but not the Senate bill, requires a 

description on the number of students receiving benefits. 

HR 

50. The House amendment gives the Secretary discretion to 

add to the program application. 

HR/SR with an amendment to strike. 

51. The House amendment, but not the Senate bill, requires a 

peer review process for reviewing applications. 

HR 

52. The House amendment requires the Secretary to enforce 

grant diversity. The Senate bill contains no similar provision in requirements for subgrants. 

HR 

53. The House amendment, but not the Senate bill, contains 

Selection Criteria. 

HR 

54. The House amendment requires dedicated funding for rural 

schools. The Senate bill does not contain a rural set-aside, but does 

prioritize schools serving rural areas. See sec. 5706 (a)(2) on Senate 

priorities for subgrantees. 

HR/SR with an amendment to strike. 

55. The Senate bill defines specific uses of funds for States. 

The House amendment does not contain any similar provisions. 

SR 

56. The Senate bill allows State grantees to reserve 10 percent 

of grant funds for statewide activities. The House amendment does 

not contain any similar provisions. 

SR 

57. The Senate bill defines specific uses of funds for State 

grantees. The House amendment does not contain any similar provisions. 

SR 

58. The Senate bill, but not the House amendment, contains 

parameters around State purchasing consortia. 

SR 

59. The Senate bill, but not the House amendment, requires 

competitive or formula subgrants depending on appropriations. 

SR 


smartinez on DSK4TPTVN1PROD with REPORTS
641 

60. The Senate bill details requirements on the subgrant application. The House amendment does not contain a subgrant competition. See section 905 for information on the House amendment 

grant application. 

HR/SR with an amendment to strike. 

61. The Senate bill prescribes local uses of funds for subgrantees. The House amendment prescribes uses for funds for eligible partnerships. 

HR/SR with an amendment to strike. 

62. The Senate bill requires not less than 25 percent of funds 

to be used for technology infrastructure. The House amendment 

uses different wording, includes examples, and does not specify a 

percentage for infrastructure. 

HR/SR with an amendment to strike. 

63. The Senate bill, but not the House amendment, allows a 

State to modify the percentage of funds for technology infrastructure. 

SR 

64. The Senate bill, but not the House amendment, allows local 

educational agencies to form purchasing consortium. 

SR 

65. The Senate bill allows funding to be used for blended learning projects. The House amendment contains no similar provision 

but includes blended learning language in the Local Academic 

Flexible grant. 

HR/SR with an amendment to strike. 

66. The House amendment, but not the Senate bill, includes 

examples of practices and strategies to be used to inform instruction. 

HR 

67. The House amendment, but not the Senate bill, requires 

funds to be used for students with specific educational needs. 

HR 

68. The House amendment, but not the Senate bill, includes 

examples of tools, courses, and strategies to help students develop 

21st Century skills. 

HR 

69. The House amendment, but not the Senate bill, includes 

examples of online courses. 

HR 

70. The Senate bill, but not the House amendment, requires a 

report submitted to the Secretary on the status of the State’s plan, 

the type of technology acquired, and the activities funded under 

this section. See note 71 on the report on the evaluation. 

SR 

71. The House amendment requires partnerships to complete 

an independent evaluation of the grant activities. The Senate bill 

does not require such an evaluation, although the bill does require 

a report to the Secretary on grant activities. 

HR 

72. The Senate bill authorizes the program at such sums. The 

House amendment does not include an authorization. 

HR/SR with an amendment to strike. 


smartinez on DSK4TPTVN1PROD with REPORTS
642 

73. The Senate bill, but not the House amendment, authorizes 

the Literacy and Arts Education program. See note 78. 

HR with an amendment to insert the following as a new 

Title IV Part øF¿: 

‘‘SEC. 4642. 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 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 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 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. 

(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) 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 arts education activities for ødisadvantaged 

students or students who are children with disabilities¿ 


smartinez on DSK4TPTVN1PROD with REPORTS
643 

74. The Senate bill, but not the House amendment, authorizes 

the Early Learning Alignment and Improvement Grants program. 

See note 78. 

HR with an amendment to strike and insert the following in Title IX as a new Part øX¿: 

SEC. ll 1. PRESCHOOL DEVELOPMENT GRANTS. 

Part of title IX, as added by section øll¿, is further amended 

by adding at the end the following: 

‘‘Subpart 5—Preschool Development Grants 

‘‘SEC. ø9xxx¿. PURPOSES; DEFINITIONS. 

(a) PURPOSES.—The purposes of this subpart are— 

(1) to assist States to develop, update, or implement a strategic plan that facilitates collaboration and coordination among 

existing programs of early childhood care and education in a 

mixed delivery system across the State designed to prepare 

low-income and vulnerable children to enter kindergarten; and 

(2) to improve transitions from such system into the local 

educational agency or elementary school that enrolls such children, 

(3) to accomplish the purposes described in in (1) and (2) 

by— 

(A) more efficiently using Federal, State, local, and 

non-governmental resources existing when the State applies for a grant under this subpart to align and strengthen delivery of existing programs; 

(B) coordinating the delivery models and funding 

streams existing when the State applies for a grant under 

this subpart in the mixed delivery system; and 

(C) developing recommendations to better utilize existing resources, as of the date of receipt of a grant under 

this subpart in order to improve— 

(i) the overall participation of children in a mixed 

delivery system of Federal, State, and local early 

childhood education programs; 

(ii) program quality, while maintaining availability of services; 

(iii) parental choice among existing programs; and 

(iv) school readiness for children from low-income 

families, including during such children’s transition 

into elementary school; 

(4) to encourage partnerships among Head Start providers, 

State and local governments, Indian tribes and tribal organizations, and private entities (including faith- and communitybased entities), and local educational agencies, to improve coordination, program quality, and delivery of services; and 

(5) to maximize parental choice among a mixed delivery 

system of early childhood education program providers. 

(b) DEFINITIONS.—In this subpart: 

(1) CENTER OF EXCELLENCE IN EARLY CHILDHOOD.—The 

term ‘Center of Excellence in Early Childhood’ means a Center 

of Excellence in Early Childhood designated under section 

657B(b) of the Head Start Act (42 U.S.C. 9852b(b)). 


smartinez on DSK4TPTVN1PROD with REPORTS
644 

(2) 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). 

(3) EXISTING PROGRAM.—The term ‘existing program’ 

means a Federal, State, local, or privately funded early childhood education program that was operating in the State at any 

time on or after date of enactment of the øll Act of ll¿ 

through funds that were not provided by a grant under this 

section. 

(4) MIXED DELIVERY SYSTEM.—The term ‘mixed delivery 

system’ means multiple types of entities that deliver early 

childhood education programs (including Head Start, licensed 

family and center-based child care programs, public schools, 

and community-based organizations) through both public and 

private funds, in a variety of programmatic and organizational 

structures. øNote: As written, this will require the system to 

have both public and private funding.¿ 

(5) SECRETARY.—The term ‘Secretary’ means the Secretary 

of Health and Human Services 

(6) STATE ADVISORY COUNCIL.—The term ‘State Advisory 

Council’ means a State Advisory Council on Early Childhood 

Education and Care designated or established under section 

642B(b)(1)(A) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)). 

‘‘SEC. ø4652¿. PROGRAM AUTHORIZED. 

(a) GRANTS AUTHORIZED.— (1) IN GENERAL.—From amounts made available under section ø9xxx¿ to the Secretary, jointly with the Secretary of Education, shall award grants, on a competitive basis, to States to 

enable the States to carry out the activities described in subsection (d). 

(2) DURATION OF GRANTS.—A grant awarded under paragraph (1) shall be for a period of not more than 1 year and may 

be renewed by the Secretary, jointly with the Secretary of Education under subsection (e) 

(3) MATCHING REQUIREMENT.—Each State that receives a 

grant under this section shall provide funds from non-Federal 

sources (which may be provided in cash or in kind) to carry out 

the activities supported by the grant, in an amount equal to 

not less than 30 percent of the amount of the grant. 

(b) INITIAL APPLICATION.—A State desiring a grant under subsection (a)(1) shall submit an application at such time and in such 

manner as the Secretary may reasonably require. The application 

shall contain— 

(1) an identification of the State entity that the Governor 

of the State has appointed to be responsible for duties under 

this section; 

(2) a description of how such State entity proposes to accomplish the activities described in subsection (d) and meet the 

purposes of this subpart, including— 

(A) a timeline for strategic planning activities; and 

(B) a description of how activities described in subparagraph (A) and subsection (d), will increase participation of children from low-income families in high-quality 


smartinez on DSK4TPTVN1PROD with REPORTS
645 

early childhood education programs as a result of the 

grant; 

(3) a description of the Federal, State, and local existing 

programs in the State for which such State entity proposes to 

facilitate collaboration and coordination activities, as required 

under subsection (d) including— 

(A) programs carried out under the Head Start Act (42 

U.S.C. 9801 et seq.), including the Early Head Start programs carried out under such Act (42 U.S.C. 9801 et seq.); 

(B) child care programs carried out under the Child 

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

9858 et seq.) or section 418 of the Social Security Act (42 

U.S.C. 618); and 

(C) other Federal, State, local, and Indian tribe or tribal organization programs of early learning, childhood education, child care, and development operating in the State, 

as of the date of the application for the grant, including 

programs operated by Indian tribes and tribal organizations, and private entities (including faith- and community-based entities); 

(4) a description of how the State, in collaboration with 

Centers of Excellence in Early Childhood, if appropriate, will 

provide technical assistance and disseminate best practices; 

(5) a description of how the State plans to sustain the activities described in subsection (d) with non-Federal sources 

after such funds are no longer available 

(6) a description of how the State will work with the State 

Advisory Council and Head Start collaboration office. 

(c) SELECTION CRITERIA.—In awarding grants under subsection 

(a), the Secretary shall— 

(1) award grants to States that have met the application 

requirements under subsection (b); 

(2) to the extent practicable, ensure an equitable geographic distribution of grants, including urban, suburban, and 

rural distribution; 

(3) assure that a State has a mixed delivery system in 

place as of the date of the award; and 

(4) give priority to— 

(A) a State that has not received a preschool development grant for development or expansion under section 

14006 of the America Reinvestment and Recovery Act of 

2009 (20 U.S.C. 10006); 

(B) a State that has not previously received a grant 

under this section; and 

(C) a State that will use the grant funds for evidencebased activities, defined as meeting the requirements of 

subclauses (I), (II), or (III) of section 8101(23)(A)(i). 

(d) USE OF FUNDS.—A State, acting through the State entity 

appointed under subsection (b)(1), that receives a grant under subsection (a)(1) shall use the grant funds for all of the following activities: 

(1) Conducting a periodic statewide needs assessment concerning— 


smartinez on DSK4TPTVN1PROD with REPORTS
646 

(A) the availability and quality of existing programs in 

the State, including such programs serving the most vulnerable or underserved populations and children in rural 

areas; 

(B) to the extent practicable, the unduplicated number 

of children served in existing programs; and 

(C) to the extent practicable, the unduplicated number 

of children awaiting service in such programs 

(2) Developing a strategic plan that recommends collaboration, coordination, and quality improvement activities (including activities to improve the transition into elementary school) 

among existing programs in the State and local educational 

agencies. Such plan shall include information that— 

(A) identifies opportunities for, and barriers to, collaboration and coordination among existing programs in 

the State, including among State, local, and tribal (if applicable) agencies responsible for administering such programs; 

(B) recommends partnership opportunities among 

Head Start providers, local educational agencies, State and 

local governments, Indian tribes and tribal organizations, 

and private entities (including faith- and community-based 

entities) that would improve coordination, program quality, and delivery of services; 

(C) builds on existing plans and goals with respect to 

early childhood education programs, including improving 

coordination and collaboration among such programs, as of 

the date the grant was awarded, of the State Advisory 

Council while incorporating new or updated Federal, State, 

and local statutory requirements, including— 

(i) the requirements of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et 

seq.); and 

(ii) when appropriate, information found in the report required under section 13 of the Child Care and 

Development Block Grant Act of 2014 (Public Law 

113–186; 128 Stat. 2002); and 

(D) describes how accomplishing the activities described in subparagraphs (A) through (C) will better serve 

children and families in existing programs and how such 

activities will increase the overall participation of children 

in the State. 

(3) Maximizing parental choice and knowledge about the 

State’s existing mixed delivery system of early childhood education programs and providers by— 

(A) ensuring parents are provided information about 

the variety of early childhood education programs for children from birth to kindergarten entry in the State’s mixed 

delivery system. 

(B) promoting and increasing involvement by parents 

and family members, including families of disadvantaged 

youth, in the development of their children and the transition from an existing program into an elementary school. 


smartinez on DSK4TPTVN1PROD with REPORTS
647 

(4) Sharing best practices between early childhood education program providers in the State to increase collaboration 

and efficiency of services, including to improve transitions from 

such programs to elementary school. 

(5) After activities under paragraphs (1) and (2) have been 

completed, improving the overall quality of early childhood 

education programs in the State, including by developing and 

implementing evidence-based practices, defined as meeting the 

requirements of subclauses (I), (II), or (III) of section 8101 

(23)(A)(i), to improve professional development for early childhood education providers and educational opportunities for 

children. 

(e) RENEWAL GRANTS.— 

(1) IN GENERAL.—The Secretary, jointly with the Secretary 

of Education, may use funds available under section ø9xxx¿ to 

award renewal grants, to States described in paragraph (2) to 

enable such States to continue activities described in subsection (d) or to carry out additional activities described in 

paragraph (5). 

(2) ELIGIBLE STATES.—A State is eligible for a grant under 

paragraph (1) if— 

(A) the State has received a grant under subsection 

(a)(1) and the grant period has concluded; or 

(B)(i) the State has received a preschool development 

grant for development or expansion under section 14006 of 

the America Reinvestment and Recovery Act of 2009 (20 

U.S.C. 10006) and the grant period for such grant has concluded; and 

(ii) the Secretary allows such State to apply directly 

for a renewal grant under this subsection, rather than an 

initial grant under subsection (a)(1) if the State submits 

with its application the needs analysis completed under 

the preschool development grant, updated, as necessary to 

respond to current needs, in place of the activities under 

subsection (d). 

(3) DURATION OF GRANTS.—A grant awarded under this 

subsection shall be for a period of not more than 3 years and 

may not be renewed by the Secretary or the Secretary of Education. 

(4) APPLICATION.—A State described in paragraph (2) that 

desires a grant under this subsection shall submit an application for renewal at such time and in such manner as the Secretary may reasonably require. The application shall contain— 

(A) applicable information required in subsection (b), 

updated by the State as necessary determined the State; 

(B) in the case of a State described in paragraph 

(2)(A), a description of how funds were used for the activities described in subsection (d) in the initial grant period 

and the extent to which such activities will continue to be 

supported in the renewal period; 

(C) in the case of a State described in paragraph 

(2)(B), how a needs assessment completed prior to the date 

of the application, such as the needs analysis completed 

under the preschool development grant and updated as 


smartinez on DSK4TPTVN1PROD with REPORTS
648 

necessary in accordance with paragraph (2)(B)(ii), will be 

sufficient information to inform the use of funds under this 

subsection, and a copy of such needs assessment; 

(D) a description of how funds will be used for the activities described in paragraph (5) during the renewal 

grant period, if the State proposes to use grant funds for 

such activities; and 

(E) a description of how the State plans to sustain the 

activities described in subsection (d) and paragraph (5) 

with non-Federal sources after such funds are no longer 

available. 

(5) ADDITIONAL ACTIVITIES.— 

(A) IN GENERAL.—Each State that receives a grant 

under this subsection may use grant funds to award subgrants to existing programs in a mixed delivery system 

across the State designed to benefit low-income and vulnerable children prior to entering kindergarten, to— 

(i) enable the existing programs to implement 

identified areas of improvement as determined by the 

State through use of funds under subsection (d); and 

(ii) as determined through the use of funds under 

subsection (d), expand access to such existing programs; or 

(iii) develop new programs to address the needs of 

children and families eligible for, but not currently 

served by such programs, if the State ensures— 

(I) the distribution of subgrants under this 

paragraph supports a mixed delivery system; and 

(II) funds made available under this paragraph shall be used 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. 

(B) PRIORITY.—In awarding subgrants under this subsection, a State shall prioritize identified activities of improvement in the existing State mixed delivery system of 

early childhood education, as of the date of award of the 

subgrant, that would improve services for low-income and 

vulnerable children living in rural areas. 

(C) SPECIAL RULE.—A State receiving a renewal grant 

under this subsection that elects to award subgrants under 

this paragraph shall not— 

(i) for the first year of the renewal grant, use more 

than 60 percent of the grant funds available for such 

year to award such subgrants; and 

(ii) for each of the second and third years of the 

renewal grant, use more than 75 percent of the grant 

funds available for such year to award subgrants. 

(f) STATE REPORTING.— 

(1) INITIAL GRANTS.—A State that receives an initial grant 

under subsection (a)(1) shall submit a final report to the Secretary not later than 6 months after the end of the grant period. The report shall include— 


smartinez on DSK4TPTVN1PROD with REPORTS
649 

(A) a description of how, and to what extent, funds 

were utilized for activities described in subsection (d) and 

any other activities through which funds were used to 

meet purposes of this subpart; 

(B) a description of strategies undertaken at the State 

level and, if applicable, local or program level, to implement recommendations in the strategic plan developed 

under subsection (d)(2); 

(C) a description of any new partnerships among Head 

Start providers, State and local governments, Indian tribes 

and tribal organizations, and private entities (including 

faith-and community-based) and how these partnerships 

improve coordination and delivery of services; 

(D) if applicable, the degree to which the State used 

information from the report required under section 13 of 

the Child Care and Development Block Grant Act of 2014 

to inform activities, and how this information was useful 

in coordinating and collaborating among programs and 

funding streams; 

(E) the extent to which activities funded by the initial 

grant led to the blending or braiding of other public and 

private funding; 

(F) how information about existing programs for children from birth to kindergarten entry was disseminated to 

parents and families, and how involvement by parents and 

family was improved; and 

(G) other State-determined and voluntarily provided 

information to share best practices regarding early childhood education programs, and coordination of such programs. 

(2) RENEWAL GRANTS.—A State receiving a renewal grant 

under subsection (e) shall submit a follow-up report to the Secretary not later than 6 months after the end of the grant period that includes— 

(A) the updated information described in paragraph 

(1); and (B) if applicable, information on how the State was 

better able to serve children through the distribution of 

funds in accordance with subsection (e)(5), through— 

(i) a description of the activities conducted 

through the use of subgrant funds, including, where 

appropriate, measurable areas of program improvement and better utilization of existing resources; and 

(ii) best practices from the utilization of subgrant 

funds, including how to better serve the most vulnerable, underserved, and rural populations. 

(g) LIMITATIONS ON FEDERAL INTERFERENCE.—Nothing in this 

subpart shall be construed to authorize the Secretary or the Secretary of Education to establish any criterion for grants made 

under this section that specifies, defines, or prescribes— 

(1) early learning and development guidelines, standards, 

or specific assessments, including the standards or measures 

that States use to develop, implement, or improve such guidelines, standards, or assessments; 


smartinez on DSK4TPTVN1PROD with REPORTS
650 

(2) specific measures or indicators of quality early learning 

and care, including— 

(A) the systems that States use to assess the quality 

of early childhood education programs and providers, 

school readiness, and achievement; and 

(B) the term ‘high-quality’ as it relates to early learning, development, or care; 

(3) early learning or preschool curriculum, programs of instruction, or instructional content; 

(4) teacher and staff qualifications and salaries; 

(5) class sizes and ratios of children to instructional staff; 

(6) any criterion a program is required to meet to benefit 

from activities under this section; 

(7) the scope of programs, including length of program day 

and length of program year; and 

(8) any aspect or parameter of a teacher, principal, other 

school leader, or staff evaluation system within a State, local 

educational agency, or early childhood education program. 

(h) RULE OF CONSTRUCTION.—Nothing in this subpart shall be 

construed to authorize the Secretary, the Secretary of Education, 

the State, or another governmental agency to alter requirements 

for existing programs for which coordination and alignment activities are recommended under this section, or to force programs to 

adhere to any recommendations developed through this program. 

The Secretary, the Secretary of Education, State, or agency may 

only take an action described in this subsection as otherwise authorized under Federal, State, and local laws. 

(i) RULE OF CONSTRUCTION.—Nothing in this subpart shall be 

construed to authorize the Secretary of Education to have sole decision-making or regulatory authority in carrying out the activities 

under this subpart. 

SEC. ll2. REVIEW OF FEDERAL EARLY CHILDHOOD EDUCATION 

PROGRAMS. 

(a) IN GENERAL.—The Secretary of Health and Human Services, in consultation with the heads of all Federal agencies that administer Federal early childhood education programs, shall conduct 

an interdepartmental review of all early childhood education programs for children less than 6 years of age in order to 

(1) Develop a plan for the elimination of overlapping programs, as identified by the Government Accountability Office’s 

2012 annual report (GAO–12–342SP); 

(2) Determine if the activities conducted by States using 

grant funds from preschool development grants under section 

9207 have led to better utilization of resources; and 

(3) Make recommendations to Congress for streamlining 

all such programs. 

(b) REPORT AND UPDATES—The Secretary of Health and 

Human Services, in consultation with the heads of all Federal 

agencies that administer Federal early childhood education programs, shall— 

(1) Not later than 2 years after the date of enactment of 

this Act, prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee 


smartinez on DSK4TPTVN1PROD with REPORTS
651 

on Education and the Workforce of the House of Representatives a detailed report that— 

(A) Outlines the efficiencies that can be achieved by, 

and specific recommendations for, eliminating overlap and 

fragmentation among all Federal early childhood education 

programs; 

(B) Explains how the use by States of preschool development grant funds under section 9207 has led to the better utilization of resources; and 

(C) Builds upon the review of Federal early learning 

and care programs required under section 13 of the Child 

Care and Development Block Grant Act of 2014 (Public 

Law 113–186; 128 Stat. 2002); and 

(2) Annually prepare and submit to such Committees a detailed update of the report described in paragraph (1). 

‘‘SEC.ll. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to the Secretary of 

Health and Human Services to carry out this subpart $250,000,000 

for each of fiscal years 2017 through 2020. øNote: This authorization should be moved up into section 9xxx, with the other authorizations for this part, when incorporated into Title IX (National Activities).¿’’. 

Report Language: ‘‘The Conferees intend for Preschool Development Grants to be jointly administered by the Department of 

Health and Human Services and the Department of Education. 

Recognizing the expertise that the Department of Education has in 

helping States develop and expand early learning programs, the 

Conferees expect that the Department of Education willbean equal 

partner with the Department of Health and Human Services in decision making around the selection of grantees, communicating 

with States, and providing technical assistance to States throughout the grant process in order to increase the quality of and overall 

participation of children in early childhood education programs.’’ 

75. The Senate bill, but not the House amendment, authorizes 

the Innovation Schools Demonstration Authority. See note 78. 

SR 

76. The Senate bill, but not the House amendment, authorizes 

the Full-Service Community Schools program. See note 78. 

HR with an amendment to insert the following as a new 

Title IV Part øF¿: 

SEC. 4 XXX. 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 that will assist the eligible entity to coordinate and 

provide pipeline services and that describes the roles the partner entities will assume. 


smartinez on DSK4TPTVN1PROD with REPORTS
652 

(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 information about demographic characteristics. 

(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 

(iii) how such services will address annual measurable performance objectives and outcomes established under subparagraph (C). 

(E) Plans to ensure that each full-service community 

school site has full-time coordination and management 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 periodic 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 

ø5311(b)(1)¿; or 


smartinez on DSK4TPTVN1PROD with REPORTS
653 

(ii) subparagraphs (A) and (B) of section 

5321(b)(1); 

(2) will be connected to a consortium comprised of a broad 

representation of stakeholders or a consortium 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 that meet the requirements of section ø8101(23)(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. 

(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, 

and provide not less than 2 additional pipeline services, at 2 

or more public elementary schools or secondary schools; 

(2) integrate multiple services into a comprehensive, coordinated continuum to achieve the annual measurable performance objectives and outcomes 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 on 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— 

(1) to conduct periodic evaluations of the progress achieved 

with the grant toward the purpose described in section 4621(2); 

(2) to 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) to 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 deVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00657 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
654 

scribed 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. 

77. The Senate bill, but not the House amendment, authorizes 

the Promise Neighborhoods program. See note 78. 

HR/SR with amendment to strike and insert the following as a new Title IV Part øX¿: 

SEC. 4XXX. 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 evidence-based 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; 

(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, 

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 all data that the entity used to identify 

the pipeline services to be provided and how the eligible entity 

will— 

(A) collect data on children served by each pipeline 

service; and 

(B) increase the percentage of children served over 

time. 


smartinez on DSK4TPTVN1PROD with REPORTS
655 

(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 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 and comprehensive evidence-based 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, 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 

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, 


smartinez on DSK4TPTVN1PROD with REPORTS
656 

(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 øsubsection¿, is defined as activities meeting the requirement of øsection 8101(23)(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 and second year of the grant, 

use not less than 50 percent of the grant funds to carry out the 

activities described in subsection (d)(1). 

(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— 


smartinez on DSK4TPTVN1PROD with REPORTS
657 

(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 METRICS.— (1) IN GENERAL.—Each eligible entity that receives a grant 

under this subpart for activities described in this section shall 

collect data on performance indicators of pipeline services and 

family and student supports and report the results to the Secretary, who shall use the results as a consideration in continuing grants after the third year of the initial grant period 

and in awarding grant renewals. 

(2) INDICATORS.—The performance indicators shall address 

the entity’s progress toward significantly improving the academic and developmental outcomes of children living in the 

most distressed communities of the United States from birth 

through postsecondary education and career entry, including 

ensuring school readiness, high school graduation, and postsecondary education and career readiness for such children, 

through— 

(A) the use of data-driven decision making; and 

(B) access to a community-based continuum of highquality services, beginning at birth. 

(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. 

78. The House amendment, but not the Senate bill, authorizes 

a Local Academic Flexible Grant in Title III, Part B of the House 

amendment. 

HR 

TITLE VI—INNOVATION AND FLEXIBILITY 

1. The Senate bill, but not the House amendment, inserts purposes for Title VI. 

SR 

2. The House repeals Title VI. 

HR 

3. The Senate bill and House amendment both strike subpart 

1 of Part A of Title VI. 

LC 


smartinez on DSK4TPTVN1PROD with REPORTS
658 

4. The Senate bill and House amendment both strike subpart 

4 of Part A of Title VI. 

LC 

5. That Senate bill redesignates subpart 2 as subpart 1. The 

House amendment strikes subpart 2 of Part A of Title VI. 

HR 

6. The Senate bill allows SEAs and LEAs to transfer Title II 

Part A, Title IV Part A, and funding from the I–TECH program between program titles or into Title I. The House amendment allows 

funding within Title I to be transferred to other programs within 

Title I, but repeals section 6113. See note 5. 

HR/SR with an amendment to read as follows: 

(3) by amending section 5102, as redesignated by paragraph (2), to read as follows: 

SEC. 5102. PURPOSE. 

The purpose of this part is to allow States and local educational agencies the flexibility to target Federal funds to the programs and activities that most effectively address the unique needs 

of States and localities.’’ 

(4) in section 5103, as redesignated by paragraph (2)— 

(A) in subsection (a)— 

(i) in paragraph (1)— 

(I) in the matter preceding subparagraph 

(A)— 

(aa) by striking ‘‘subpart’’ and inserting 

‘‘part’’; and 

(bb) by striking ‘‘not more than 50 percent of the nonadministrative State funds’’ 

and inserting ‘‘all, or any lesser amount, of 

State funds’’; and 

(II) by striking subparagraphs (A) through (D) 

and inserting the following: 

(A) Part A of title II. 

(B) Part A of title IV. 

(C) Section 4202(c)(3).’’; and 

(ii) by striking paragraph (2) and inserting the following: 

(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. and 

(E) Part C of title V.’’; and 

(B) in subsection (b)— 

(i) in paragraph (1)— 

(I) in subparagraph (A)— 

(aa) by striking ‘‘subpart’’ and inserting 

‘‘part’’; 

(bb) by striking ‘‘(except’’ and all that follows through ‘‘subparagraph (C))’’ and insertVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00662 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
659 

ing ‘‘may transfer all, or any lesser amount, of 

the funds allocated to it’’; 

(II) by— 

(aa) striking subparagraph (B) and 

(bb) redesignating subparagraph (C) as 

subparagraph (B); and; 

(cc) by amending subparagraph (B), as redesignated in item (bb) to read as follows: 

(B) ADDITIONAL FUNDS FOR TITLE I.—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; and 

(v) Part C of title V.’’ and 

(ii) in paragraph (2)— 

(I) by striking ‘‘subparagraph (A), (B), or (C)’’ 

and inserting ‘‘subparagraph (A) or (B)’’; and 

(II) by striking subparagraphs (A) through (D) 

and inserting the following: 

(A) Part A of title II. 

(B) Part A of title IV. 

(C) Section 4202(c)(3).’’: and 

(C) by striking subsection (c) and inserting the following: 

(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. 

(4) Part A of title III. 

(5) Part B of title V.’’; and 

(d) MODIFICATION OF PLANS AND APPLICATIONS; NOTIFICA- TION.— (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; 


smartinez on DSK4TPTVN1PROD with REPORTS
660 

(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 

ø9501¿, if such transfer transfers funds from a program that 

provides for the participation of students, teachers, or other 

educational personnel, from private schools. 

7. The Senate bill, but not the House amendment, authorizes 

a weighted student funding flexibility pilot program for LEAs. 

HR with an amendment to redesignate this program as 

Title I, Part E, and redesignated Part E of Title I as Part F, 

and amend the language of the program as follows: 

PART E—FLEXIBILITY FOR EQUITABLE PER-PUPIL 

FUNDING 

SEC. ø1xxx¿. 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 

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 perpupil allocations for low-income and otherwise disadvantaged 

students. 

(2) FLEXIBILITY.—Except as described in subparagraph (J) of 

subsection (d)(1), 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— 


smartinez on DSK4TPTVN1PROD with REPORTS
661 

(A) submitting a proposed local flexibility demonstration agreement under subsection (d); 

(B) demonstrating that the agreement meets the requirements of subsection (d); 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 part to any local educational agency that submits 

and has approved an application under subsection (d), so long 

as the demonstration agreements with local educational agencies described in paragraph (1) meet the requirements of subsection (d)(2) and subsection (e)(1).. 

(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 the weights used 

to allocate funds within the system, the local educational 

agency’s legal authority to use local and State education 

funds consistent with this section, how the system will 

meet the requirements under paragraph (2), and how the 

system will support the academic achievement of students, 

including low-income students, the lowest-achieving students, English learners, and students 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, local, 

and eligible Federal funds, that will be allocated through 

such system; 

(D) the per-pupil expenditures (including actual personnel expenditures, including staff salary differentials for 

years of employment, and actual nonpersonnel expenditures) of State and local 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, disaggregated by program, received in the preceding fiscal year; 

(F) a description of how the system will ensure that 

any eligible Federal funds allocated through the system 

will meet the purposes of each Federal funding stream, including serving students from low-income families, English 

learners, migratory children, and children who are neglected, delinquent, or at risk, as applicable: 


smartinez on DSK4TPTVN1PROD with REPORTS
662 

Report Language: ‘‘It is the Conferees’ intent that eligible Federal funds will be used with State and local education funds to 

meet the needs of students from low-income families, English 

learners, migratory children, and children who are neglected, delinquent, or at risk, as applicable. This should not be interpreted to 

require that every dollar a local educational agency receives under 

a Federal program be allocated to a student who otherwise would 

have been identified under that program, but should be interpreted 

to require that the weighted student funding system under this 

section will broadly serve the students and the purposes for which 

the funding is provided.’’ 

(H) 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; 

(I) 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; 

(J) an assurance that the local educational agency will 

continue to meet the fiscal provisions in section ø1118¿ 

and the requirements under sections 1120 and ø9501¿; 

and 

(K) an assurance that the local educational agency will 

meet the requirements of all applicable Federal civil rights 

laws in carrying out the agreement and in consolidating 

and using funds under the agreement.’’ 

(2) REQUIREMENTS OF SYSTEM.—A local educational agency’s school funding system based on weighted per-pupil allocations shall meet each of the following requirements: 

(A) The system shall— 

(i) except as allowed under subparagraph (B), allocate a significant portion of funds, including State, 

local, 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; and 

(ii) use weights or allocation amounts that allocate 

substantially more funding to English learners and 

students from low-income families, and students with 

any other characteristics chosen by the local education 

agency, than to other students; and 

(iii) ensure that each high-poverty school received 

more per-pupil funding, including from Federal, State, 

and local sources, for low-income students and at least 

as much per-pupil funding, including from Federal, 

State, and local sources, for English learners as the 

school received in the year prior to carrying out the 

pilot program. 


smartinez on DSK4TPTVN1PROD with REPORTS
663 

(B) The system shall be used to allocate to schools a 

significant portion, which percentage shall be agreed upon 

during the application process and shall include all schoollevel actual personnel expenditures for instructional staff 

and actual nonpersonnel expenditures, of all the local educational agency’s local and State education funds, and eligible Federal funds; and 

(C) In establishing the percentage in subparagraph 

(B), the district shall demonstrate that the percentage 

under such subparagraph is sufficient to carry out the purposes of the pilot and to meet each of the requirements of 

(d) and that the percentage of local and State education 

funds, and eligible Federal funds that are not allocated 

through the formula does not undermine or conflict with 

the requirements of the pilot including (d)(2)C). 

Report Language: ‘‘The Conferees intend that the single school 

funding system will be used to, from the beginning, allocate a significant portion of all the local educational agency’s local and State 

education funds, as well as eligible Federal funds, and that this 

portion will continue to increase over time. Reporting on how funds 

not allocated through the system are being spent will continue to 

occur. The Conferees intend that the negotiation between the Secretary and school district to establish the initial portion will be 

based on best practices in the field.’’ 

(D) After allocating funds through the school funding 

system, the local educational agency shall charge schools 

for the per-pupil expenditures of Federal, State, and local 

funds, including actual personnel expenditures 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 no high-poverty 

school served by the agency received less per-pupil funding, including from Federal, State, and local sources, for low-income 

students or less per-pupil funding, including from Federal, 

State, and local sources, for English learners than the school 

received in the previous year; 

(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, local, and Federal 

funds for each school served by the agency, and disaggregated 

by student poverty quartile and by minority student quartile 

for the preceding fiscal year; and 

(3) make public the total number of student 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). 

(f) ELIGIBLE FEDERAL FUNDS.—In this section, the term ‘eligible Federal funds’ means funds received by a local educational 

agency under titles I, II, and III, Part A of IV, and Part C of Title 

V of this Act. 


smartinez on DSK4TPTVN1PROD with REPORTS
664 

(g) 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, from eligible Federal funds 

not more than the percentage of funds allowed for such purpose 

under any of titles I, II, or III, Part A of Title IV, or Part C of Title 

V. 

(h) PEER REVIEW.—The Secretary may establish a peer-review 

process to assist in the review of a proposed local flexibility demonstration agreement. 

(i) NONCOMPLIANCE.—The Secretary may, after providing notice and an opportunity for a hearing (including the opportunity to 

provide information as provided for in subsection (j)), terminate 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). 

(j) EVIDENCE.—If a local educational agency believes that the 

Secretary’s determination under subsection (i) 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 termination determination. 

(k) PROGRAM EVALUATION.—From the amount reserved for 

evaluation activities in section ø9601¿, the Secretary, acting 

through the Director of the Institute of Education Sciences, shall, 

in consultation with the relevant program office at the Department, 

evaluate the implementation and impact of the local flexibility 

demonstration agreements under this section, consistent with section ø9601¿ and specifically on improving the equitable distribution 

of State and local funding and increasing student achievement. 

(l) RENEWAL OF LOCAL FLEXIBILITY DEMONSTRATION AGREEMENT.—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 titles I and III, including students from low-income families, English learners, migratory children, and children who are neglected, delinquent, or at risk. 

(m) DEFINITION OF HIGH–POVERTY SCHOOL.—In this section, 

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.’’. 

8. The House amendment redesignates subpart 1 of part B of 

title VI as subpart 5 of part A of title I. Section 6202 in the Senate 

bill is redesignated to section 1230 in the House amendment. 

HR/SR with an amendment to redesignate subpart 1 of 

Part B of Title VI as subpart 1 of Part C of Title V. 

9. The House amendment redesignates subpart 1 of Part B of 

Title VI as chapter A of subpart 5 of Part A of Title I. The name 


smartinez on DSK4TPTVN1PROD with REPORTS
665 

of the program is the same in both the Senate bill and House 

amendment. 

LC 

10. The Senate bill, but not the House amendment, includes 

changes to references in section 6211 for use of funds flexibility. 

The House amendment repeals such section. 

HR 

11. The House amendment, but not the Senate bill, redesignates subsection (b) of section 6212 as subsection (d) of section 

1231. 

HR 

Report Language: ‘‘It is the Conferees’’ intent that, should the 

current locale codes required under this part no longer exist due 

to being revised as part of improvements necessary to support Institute of Education Sciences statistical programs, the Secretary of 

Education work with relevant agencies to examine the impact of 

such revisions on rural school districts for various programs across 

all federal laws and consult, to the extent practicable, with the 

Committee on Health, Education, Labor and Pensions of the Senate 

and the Committee on Education and the Workforce of the House 

of Representatives to discuss the impact of the changes.’’ 

12. The Senate bill, but not the House amendment, makes a 

technical edit in subparagraph (B) to account for a later change. 

HR 

13. The Senate bill, but not the House amendment, includes 

new eligibility language for educational service agencies. 

HR 

14. The Senate bill, but not the House amendment, includes 

references for applicable funding for the Small, Rural, Schools 

Achievement program. 

HR with an amendment to strike ‘‘Part G of Title V’’ and 

insert ‘‘øsubpart 3 of Part E of Title IV¿’’ 

15. The House amendment redesignates section 6212 as section 

1231 of chapter A of subpart 5 of Part A of Title I. 

LC 

16. The House amendment specifies a 0.6 of 1 percent reservation for the Small, Rural Schools Achievement program. The Senate bill includes no such reservation, but authorizes funds to be 

spent equally between subparts 1 and 2 of Part B of Title VI. See 

note 53. 

HR 

17. The Senate bill allows funding to be spent on activities 

under Part A of Title II. The House amendment allows funding to 

be spent on activities under all of Title II. 

HR 

18. The Senate bill, but not the House amendment, allows 

funding to be spent on activities under Part A or B of Title IV. 

HR with an amendment to strike ‘‘or Part B’’ 

19. The Senate bill, but not the House amendment, allows 

funding to be spent on activities under Part G of Title V. 

HR with an amendment to strike ‘‘Part G of Title V’’ and 

insert ø‘‘subpart 3 of Part E of Title IV’’¿ 

20. The Senate bill, but not the House amendment, adds a new 

paragraph (1) and heading. 


smartinez on DSK4TPTVN1PROD with REPORTS
666 

HR 

21. The Senate bill and House amendment make similar modifications to this provision related to the amounts local educational 

agencies receive, except the House amendment only subtracts the 

total received under subpart 2 of Part A of Title II and the Senate 

bill subtracts all funding for Part A of Title II, Part A of Title IV, 

Part G of Title V. See note 14. 

LC 

22. The Senate bill, but not the House amendment, provides a 

special determination for funding amounts for LEAs that are members of an educational service agency. 

HR 

23. The Senate bill is restructured to include a new subparagraph with a heading. 

HR 

24. The Senate bill, but not the House amendment, provides a 

special rule for increased initial amounts subject to appropriations. 

HR with an amendment to strike ‘‘252’’ and insert ‘‘265’’ 

25. Both the Senate bill and House amendment include similar 

hold harmless provisions, except the Senate bill includes a section 

reference and the House amendment includes different internal references. See note 11. 

LC 

26. The House amendment, but not the Senate bill, redesignates subsection (d) as subsection (e). 

HR 

27. The Senate bill, but not the House amendment, requires 

local educational agencies to administer an assessment consistent 

with the requirements under section 1111(b)(2) of such bill. 

SR on language. LC on structure. 

28. The House amendment redesignates subpart 2 of Part B of 

Title VI as chapter B of subpart 5 of Part A of Title I. 

LC 

29. The House amendment redesignates section 6221 as section 

1235. 

LC 

30. The House amendment changes internal cross-references to 

account for earlier restructuring of the program. 

LC 

31. The House amendment specifies a 0.6 of 1 percent reservation for the Rural and Low-Income School program. The Senate bill 

includes no such reservation, but authorizes funds to be spent 

equally between subparts 1 and 2 of Part B of Title VI. See note 

55. 

HR 

32. The House amendment changes internal cross-references to 

the eligibility and application section to account for earlier restructuring of the program. 

LC 

33. The House amendment changes internal cross-references to 

account for differences in bill structure. 

LC 

34. The House amendment redesignates section 6222 as section 

1236. 


smartinez on DSK4TPTVN1PROD with REPORTS
667 

LC 

35. The Senate bill describes that funds ‘‘shall be used for any 

of the following:’’ The House amendment refers to ‘‘shall be used 

for activities authorized under any of the following’’ when describing how grant funds will be used. 

LC 

36. The Senate bill allows funding to be spent on activities 

under part A ofTtitle II. The House amendment allows funding to 

be spent on activities under all of Title II. 

HR 

37. The Senate bill, but not the House amendment, allows 

funding to be spent on activities under Part A of Title IV. 

HR 

38. The Senate bill, but not the House amendment, allows 

funding to be spent on parental involvement activities. 

HR 

39. The Senate bill, but not the House amendment, allows 

funding to be spent on activities under Part G of Title V. 

LC 

40. The House amendment redesignates section 6223 as section 

1237. 

LC 

41. The Senate bill and House contain identical language for 

general information, except for references to ‘‘chapter’’ and ‘‘subpart’’. 

LC 

42. The Senate bill requires program objectives and outcomes 

for how students will meet State academic standards. The House 

amendment does not, but requires a description of how the SEA, 

specially qualified agency, or LEA will use funds to help students 

meet academic standards. 

HR 

43. The Senate bill includes the word ‘‘challenging’’ as it relates to State academic standards. 

HR 

44. The Senate bill and House amendment are identical, except 

for section references to account for a different structure. 

LC 

45. The House amendment redesignates section 6224 as section 

1238. 

LC 

46. The Senate bill, but not the House amendment, requires 

that ‘if the report is submitted by the SEA, then it must describe 

the methods and criteria the SEA will use to award grants to 

LEAs. The House amendment requires the report to describe the 

methods and criteria the SEA or specially qualified agency will use 

to award grants to LEAs. 

HR 

47. The Senate bill, but not the House amendment, refers to 

‘‘objectives and outcomes’’ when describing how progress has been 

met in meeting State standards. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
668 

48. The Senate bill refers to ‘‘challenging State academic 

standards’’. The House amendment refers to ‘‘State academic 

standards’’. 

HR 

49. The Senate bill requires a summary report to be prepared 

by the Secretary of Education and submitted to Congress. The 

House amendment does not contain this provision. 

SR 

50. The Senate bill, but not the House amendment, updates a 

cross reference to section 1111. 

SR on language. LC on structure. 

51. Both the Senate bill and House amendment contain virtually identical provisions related to choice of participation, except 

for different section references. 

LC 

52. The House amendment redesignates section 6231 as section 

1241 and makes technical changes to update section references. 

LC 

53. The House amendment redesignates section 6233 as section 

1242 and makes technical changes to update section references. 

LC 

54. The House amendment redesignates section 6234 as section 

1243 and makes technical changes to update section references. 

LC 

55. The Senate bill authorizes ‘‘such sums’’ as may be necessary for reach of the fiscal years 2016 through 2021. The House 

amendment does not contain this provision for authorizations of appropriations. 

HR with amendment to strike ‘‘such sums as may be 

necessary for each of the fiscal years 2016 through 2021’’ 

and insert ‘‘$169,840,000 for each of the fiscal years 2017 

through 2020’’ 

56. The Senate bill maintains and makes a minor change to a 

prohibition on Federal mandates, direction or control that applies 

to Title VI. The House amendment does not include this provision 

as it applies specifically to Title VI, but includes similar provisions 

in the general provisions of the Act. 

HR 

57. The Senate bill maintains the rule of construction on equalized spending. The House amendment includes this language in the 

general provisions of Title I to reflect the restructuring in the 

House amendment. 

LC 

58. The Senate bill, but not the House amendment, includes a 

review relating to rural local educational agencies at the Department of Education. 

HR to strike and replace with the following: 

SEC. 6005. REVIEW RELATING TO RURAL LOCAL EDUCATIONAL AGENCIES. 

(a) REVIEW AND REPORT.—Not later than 18 months after the 

date of enactment of this Act, the Secretary of Education shall— 

(1) review the organization, structure, and process and 

procedures of the Department of Education for administering 


smartinez on DSK4TPTVN1PROD with REPORTS
669 

its programs and developing policy and regulations, in order 

to— 

(A) assess the methods and manner through which, 

and the extent to which, the Department of Education 

takes into account, considers input from, and addresses 

the unique needs and characteristics of rural schools and 

rural local educational agencies; and 

(B) determine actions that the Department of Education can take to meaningfully increase the consideration 

and participation of rural schools and rural local educational agencies in the development and execution of the 

processes, procedures, policies, and regulations of the Department of Education; 

(2) make public a preliminary report containing the information described under paragraph (1) and provide Congress 

and the public with 60 days to comment on the proposed actions under paragraph (1)(B); and 

(3) taking into account comments submitted under paragraph (2), issue a final report to the Committee on Health, 

Education, Labor, and Pensions of the Senate, which shall describe the final actions developed pursuant to paragraph (1)(B). 

(b) IMPLEMENTATION.—Not later than 2 years after the date of 

enactment of this Act, the Secretary of Education shall— 

(1) implement each action described in the report under 

subsection (a)(3); or 

(2) provide a written explanation 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 of why the action was not carried out. 

TITLE VII—AMERICAN INDIAN, ALASKA NATIVE, AND 

NATIVE HAWAIIAN EDUCATION 

0. LC, remove references to Alaska Native in current law since 

they are included in the definition of Indian. 

1. The Senate bill and House amendment have these programs 

in different titles. Senate is Title VII; House is Title V. 

HR/SR with an amendment to redesignate Title VII as 

Title VI 

2. The Senate bill and House amendment have different title 

headings. 

HR 

3. The Senate bill and House amendment have different section headings. 

HR 

4. The House amendment, but not the Senate bill, includes 

sentence at the end further clarifying the policy of the United 

States. 

SR 

5. The Senate bill and House amendment have different section numbers. 

LC 

6. The Senate bill and House amendment have similar paragraphs (1) but wording is slightly different. 


smartinez on DSK4TPTVN1PROD with REPORTS
670 

SR with an amendment to strike ‘‘State student academic achievement standards’’ and insert ‘‘the challenging 

State academic standards, consistent with section 

1111(b)(1)’’ 

7. The Senate bill uses term ‘‘American Indian’’ in (2) and (3) 

where House amendment uses ‘‘Indian’’. 

SR 

8. The Senate bill includes ‘‘principals’’ in (3). 

SR with amendment to strike ‘‘school leaders’’ and insert ‘‘principals, other school leaders’’ 

8a. The House amendment includes ‘‘culturally appropriate’’. 

SR 

8b. The Senate bill includes ‘‘supports’’ in (3). 

HR 

9. The House amendment, but not the Senate bill, includes ‘‘Indian tribes and organizations and other entities’’. 

SR 

10. The Senate bill and House amendment are similar except 

for different structures of purpose statement. 

LC 

11. The Senate bill says ‘‘that are designed to meet the 

unique . . .’’ and the House amendment says ‘‘by providing for 

their unique’’ 

HR 

12. The Senate bill includes ‘‘challenging’’ and section 1111 reference as it relates to standards. 

HR 

13. The House amendment, but not the Senate bill, includes 

‘‘(3) Indian organization; and (4) Alaska Native Organizations.’’ 

HR with amendment to insert in paragraph (2) ‘‘as provided under (c)(1)’’ after ‘‘Indian tribes’’ and to insert a new 

paragraph (3) ‘‘Indian organization as provided under 

(c)(1)’’ 

14. The Senate bill, but not the House amendment, includes 

paragraph (3) regarding consortia arrangements. 

HR with amendment to redesignate (3) as (4) and insert 

‘‘will’’ before ‘‘receive the’’ 

15. The Senate bill, but not the House amendment, adds ‘Subject to paragraph (2)’’. 

HR 

16. The Senate bill, but not the House amendment, includes 

paragraph (2) regarding cooperative agreements. 

HR 

17. The Senate bill and House amendment have different titles 

for subsection (c). 

HR 

18. The House amendment, but not the Senate bill, includes 

Alaska Native Organizations and specifically mentions Alaska Native children. 

HR 

19. The Senate bill, but not the House amendment, sets representation threshold at more than one-half of eligible children and 

House amendment sets it at not less than one-third. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
671 

20. The Senate bill, but not the House amendment, includes 

paragraph (2) regarding unaffiliated Indian tribes. 

SR 

21. The House amendment, but not the Senate bill, includes 

Alaska Native Organization after Indian Organization in House 

amendment (2)(A) and (B) 

HR 

22. The Senate bill refers to ‘‘such tribe, Indian organization or 

consortium’’ and the House amendment refers to ‘‘such applicant’’ 

in (A). 

LC 

23. The House amendment strikes section 7118(c) referenced in 

Senate bill (3)(B) and updates section references. 

HR 

24. House amendment includes paragraph (3) regarding eligibility. 

HR 

25. The Senate bill, but not the House amendment, includes 

subparagraph (4). 

HR 

26. The House amendment, but not the Senate bill, adds Alaska Native Organizations and Alaska Native throughout (d). 

HR 

27. The Senate bill and House amendment refer to different 

subsections in paragraph (2) based on bill structure. 

LC 

28. The Senate bill and House amendment have different entities listed in (A). 

HR with an amendment to add ‘‘and families members’’ 

after ‘‘parents’’. 

29. The House amendment, but not the Senate bill, include 

Alaska Natives in (B) and (C). 

HR 

30. The House amendment, but not the Senate bill, adds ‘‘administrative’’ to capacity in (D). 

SR 

31. The Senate bill, but not the House amendment, adds a provision on consortia. 

SR 

32. The House amendment, but not the Senate bill, removes a 

reference to current law 7118(c) from the special rule. 

HR 

33. The Senate bill, but not the House amendment, adds language regarding Indian tribes or consortia for application purposes. 

HR 

34. The House amendment, but not the Senate bill, adds ‘‘Alaska Native’’ in subsection (b) 

HR 

35. The Senate bill has ‘‘supports’’. The House amendment has 

‘‘is consistent with’’. 

SR 

36. The Senate bill has ‘‘program objectives and outcomes’’. 

The House amendment has ‘‘academic content’’ and ‘‘student academic achievement goals’’ for (B). 


smartinez on DSK4TPTVN1PROD with REPORTS
672 

HR 

37. The Senate bill, but not the House amendment, includes 

‘‘tribe or consortium’’ and slightly modifies last line of paragraph 

(3). 

HR 

38. The House amendment, but not the Senate bill, adds Alaska Native throughout paragraph (5). 

HR 

39. The House amendment, but not the Senate bill, adds subparagraph (C). 

HR 

40. The Senate bill and House amendment include different 

language for clause (iii). 

HR 

41. The Senate bill adds a reference to FERPA. 

HR 

42. The Senate bill and House amendment include different 

language for paragraph (7) 

HR with an amendment to insert ‘‘meaningfully’’ before 

‘‘collaborate’’ and insert ‘‘in a timely, active, and ongoing 

manner’’ before ‘‘in the development’’. 

43. The Senate bill, but not the House amendment, adds ‘‘activities consistent with those’’ after ‘‘services.’’ 

SR 

44. The House amendment, but not the Senate bill, adds ‘‘Alaska Native students’’. 

HR 

45. The Senate bill, but not the House amendment, adds ‘‘meet 

program objectives’’. 

HR 

46. The House amendment, but not the Senate bill, adds ‘‘Alaska Native’’ in subparagraph (B). 

HR 

47. The Senate bill, but not the House amendment, has geographic specification for consultation requirements. 

HR 

48. The House amendment, but not the Senate bill, adds Indian organization and Alaska Native organization and removes ‘‘if 

appropriate’’ before secondary school students. 

HR with an amendment to insert ‘‘, Indian organizations,’’’’ after ‘‘in such school’’ 

49. The Senate bill inserts ‘‘family members’’ after ‘‘parents’’ in 

(A)(i) and (B). The House amendment replaces ‘‘parents’’ with ‘‘family members’’ in both places. 

HR 

50. The Senate bill, but not the House amendment, adds Senate (ii) related to geographic representation. 

HR 

51. The House amendment, but not the Senate bill, removes ‘‘if 

appropriate’’ and adds ‘‘and Alaska Native’’ after ‘‘students’’ in 

clause (iii) 

HR 

52. The House amendment, but not the Senate bill, adds Alaska Native to (B). 


smartinez on DSK4TPTVN1PROD with REPORTS
673 

HR 

52a. The Senate bill, but not the House amendment, adds ‘‘representatives of Indian tribes’’. 

SR 

53. The Senate bill, but not the House amendment, adds ‘‘family members’’ to (C). 

HR with an amendment to strike ‘‘that’’ and insert ‘‘the 

local educational agency’’ and move amended paragraph 

(4)(C) to the end of subsection (c) as a new paragraph (8) 

and redesignate (4)(D) as the new (4)(C) and (4)(E) as the 

new (4)(D) 

54. The Senate bill, but not the House amendment, strikes 

‘‘and’’ in (D)(ii). 

SR 

55. The House amendment, but not the Senate bill, adds 

(D)(iii). 

SR 

56. The Senate bill, but not the House amendment, adds subparagraph (F) for determining the unique needs of Indian students. 

SR 

57. The Senate bill, but not the House amendment, requires 

the LEA to coordinate activities with other Federal programs. 

HR 

58. The House amendment and the Senate bill contain similar 

provisions related to outreach to family members, except the House 

amendment includes ‘‘adequate’’ and contains different cross-references. 

HR 

59. The Senate bill and the House amendment contain a provision related to using the funds only for activities authorized under 

this subpart. 

LC 

60. The Senate bill, but not the House amendment, includes a 

subsection for outreach. 

SR 

61. The Senate bill, but not the House amendment, includes a 

subsection for technical assistance. 

HR with an amendment to read as follows: 

(e) 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 undertake appropriate activities to encourage 

such entities to apply for grants under this subpart; 

(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.’; 


smartinez on DSK4TPTVN1PROD with REPORTS
674 

62. The Senate bill, but not the House amendment, amends 

paragraph (2) by inserting language related to responsiveness. 

SR with an amendment to strike ‘‘with special regard 

for’’ and insert ‘‘to be responsive to’’ 

63. The House amendment, but not the Senate bill, adds ‘‘immersion’’ in paragraph (1). 

HR 

64. The Senate bill, but not the House amendment, adds ‘‘highquality’’ in paragraph (3). 

SR 

65. In paragraph (4), the House amendment includes academic 

content. The Senate bill references 1111(b). 

HR 

66. The Senate bill and House amendment have different language with similar meaning for paragraph (5). 

HR 

67. The House amendment and Senate bill contain different 

cross-references. 

LC 

68. The House amendment, but not the Senate bill, inserts a 

new paragraph, House (10), for relevant curriculum. 

HR 

69. The Senate bill, but not the House amendment, includes 

more specific parameters for dropout prevention programs in Senate (12). 

SR 

70. The House amendment combines Senate (A) and (B) to 

House (14). 

SR 

71. The Senate bill and House amendment contain different 

cross-references. 

LC 

72. The Senate bill and House amendment have similar language for paragraph (3), except the House amendment includes 

more specific language. 

SR 

73. The Senate bill and the House amendment refer to different bill titles. 

LC 

74. The Senate bill and House amendment use different bill titles. 

LC 

75. The Senate bill, but not the House amendment, provides 

for report every five years. 

SR 

76. The Senate bill, but not the House amendment, specifies 

different report contents. 

HR/SR to strike. 

77. The House amendment, but not the Senate bill, includes a 

final report. 

HR/SR to strike. 

78. The House amendment, but not the Senate bill, adds paragraph (6) regarding data privacy. 

SR 


smartinez on DSK4TPTVN1PROD with REPORTS
675 

79. The Senate bill, but not the House amendment, includes 

current law subsection (d) related to Forms and Standards of Proof. 

SR 

80. The Senate bill and House amendment have different subsection references and titles. 

SR 

81. The Senate bill and House amendment have different paragraph titles and section references within. 

LC 

82. The Senate bill and House amendment refer to different 

bill titles. 

LC 

83. The House amendment and Senate bill have different subsection letters. See note 82. 

LC 

84. The Senate bill, but not the House amendment, adds a subsection for technical assistance. 

SR 

85. The Senate bill updates subsection (c) to reflect changes 

later in the bill. The House amendment strikes subsection (c). 

HR 

86. The House amendment and Senate bill contain different 

subsection letters to reflect prior House amendment changes. 

LC 

87. The Senate bill and House amendment have different section header titles. 

HR 

88. The Senate bill, but not the House amendment, rewrites 

language regarding Tribal Colleges and Universities. 

HR 

89. The House amendment, but not the Senate bill, adds Alaska Native organization. 

HR 

90. The House amendment, but not the Senate bill, removes 

‘‘core academic’’ before ‘‘subjects’’. 

SR 

91. The Senate bill, but not the House amendment, adds 

‘‘youth’’ after ‘‘children’’ in paragraph (D) and (E). 

HR 

92. The House amendment, but not the Senate bill, includes 

‘‘youth’’ after children. There are slight wording differences between the Senate bill and the House amendment. 

SR with an amendment to strike ‘‘high quality’’ 

93. The Senate bill, but not the House amendment, changes 

‘‘tribal leaders’’ to ‘‘traditional leaders’’ and inserts ‘‘youth’’ 

HR 

94. The Senate bill’s paragraph (2) is located in the House 

amendment’s subparagraph (M), since the House amendment restructured the bill. 

SR 

95. The Senate bill includes this as paragraph (1)(M), and it 

is (1)(N) in the House amendment. 

SR 


smartinez on DSK4TPTVN1PROD with REPORTS
676 

96. The Senate bill, but not the House amendment, changes 

the grant award initial period to three years. 

HR 

97. The Senate bill, but not the House amendment, adds ‘‘family’’ after ‘‘parents’’ in clause (i). 

HR 

98. The Senate bill includes ‘‘evidence demonstrating that the 

proposed program is an evidence-based program’’. The House 

amendment includes ‘‘information demonstrating that the proposed 

program is a scientifically based research program’’. 

HR with an amendment to strike ‘‘evidence’’ and inserting ‘‘information’’. 

99. The Senate bill, but not the House amendment, includes a 

new subsection regarding continuation. 

HR 

100. The Senate bill and House amendment have different section numbers. 

LC 

101. The Senate bill titles the subsection ‘‘Purpose’’ rather than 

the House amendment title of ‘‘Purposes.’’ 

SR 

102. The Senate bill makes ‘‘purposes of the section’’ singular 

rather than plural in the House amendment. 

SR 

103. The Senate bill has ‘‘or Alaska Native teachers’’ in paragraph (1). The House amendment has ‘‘and Alaska Native teachers’’. 

SR 

104. The Senate bill has ‘‘and support’’ after ‘‘provide training.’’ 

HR with an amendment to insert ‘‘pre- and in-service’’ 

before ‘‘training’’ 

105. The House amendment has ‘‘and Alaska Native individuals’’ after ‘‘Indian’’. The Senate bill has ‘‘or Alaska Native individuals.’’ 

LC. See note 0. 

106. The Senate bill includes ‘‘to enable such individuals to become effective teachers, principals, other school leaders, administrators, teacher aides, counselors, social workers, and specialized 

instructional support personnel’’ after ‘‘individuals’’. The House 

amendment says ‘‘to become educators and education support service professionals’’ after ‘‘individuals.’’ 

HR with an amendment to strike ‘‘teacher aides’’ and insert ‘‘paraprofessionals’’ 

107. The Senate bill, but not the House amendment, adds ‘‘or 

Alaska Native.’’ 

LC. See note 0. 

108. The Senate bill, but not the House amendment, adds a 

new paragraph regarding teacher retention. 

HR with an amendment to strike ‘‘the workforce without the need for postsecondary remediation’’ and insert ‘‘ 

employment’’ 

109. The Senate bill and House amendment have different 

types of institutions included after ‘‘institution of higher education’’. 


smartinez on DSK4TPTVN1PROD with REPORTS
677 

HR 

110. The Senate bill, but not the House amendment, requires 

the Bureau schools to be in a consortium, where feasible. 

HR 

111. The Senate bill, but not the House amendment, adds ‘‘or 

Alaska Native’’ to paragraph (1). 

LC. See note 0. 

112. The Senate bill and House amendment structure authorized activities differently. 

LC 

113. The Senate bill adds ‘‘education’’ after ‘‘continuing’’ in (A). 

HR 

114. The Senate bill, but not the House amendment, includes 

a subparagraph on teacher mentoring. 

HR with an amendment to strike ‘‘tribal elders’’ and insert ‘‘traditional leaders’’ 

115. The Senate bill, but not the House amendment, includes 

additional subparagraphs (C) and (D). 

HR with an amendment to strike ‘‘tribal elders’’ and insert ‘‘traditional leaders’’ 

116. The Senate bill, but not the House amendment, includes 

a subparagraph regarding continuation. 

HR 

117. The Senate bill and House amendment have different application requirements. 

HR with an amendment to strike ‘‘, in such manner, and 

accompanied by such information’’ and insert ‘‘and in such 

manner’’ 

118. The Senate bill, but not the House amendment, sets minimum standards. 

HR 

119. The Senate bill, but not the House amendment, adds an 

optional priority for tribally chartered and federally chartered institutions of higher education. 

HR 

120. The Senate bill strikes House amendment subparagraphs 

(A) and (B) and inserts ‘‘basis of the length of any period for which 

the eligible entity has received a grant’’, which is similar to House 

amendment subparagraph (B). The Senate bill removes references 

to previous grants. 

HR with amendment to strike ‘‘tribally chartered and 

federally chartered IHEs’’ and insert ‘‘Tribal Colleges and 

Universities’’ 

121. The Senate bill and House amendment have different 

grant award year structures. 

HR 

122. The Senate bill, but not the House amendment, specifies 

students in a local educational agency that serves a high proportion 

of Indian or Alaska Native students rather than ‘‘people’’ in the 

House amendment. 

HR. See note 0. 

123. The House amendment, but not the Senate bill, includes 

a section for tribal education agencies cooperative agreements. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
678 

124. The House amendment, but not the Senate bill, removes 

a reference to the authorization section. 

LC 

125. The House amendment, but not the Senate bill, adds Alaska Native in paragraph (1) and replaces ‘‘education’’ with ‘‘improving academic achievement and development’’. 

HR 

126. The House amendment, but not the Senate bill, strikes 

paragraph (2) and renumbers accordingly. 

HR 

127. The House amendment, but not the Senate bill, strikes explicit reference to IES and changes to ‘‘appropriate offices’’ and removes qualifying language related to the purpose of the research 

activities. 

HR 

128. The House amendment adds a reference to the he ‘‘Office 

of Educational Research and Improvement’’ and the BIE. 

HR with an amendment to insert ‘‘the Bureau of Indian 

Education,’’ after ‘‘Office of Indian Education Programs,’’ 

129. The House amendment, but not the Senate bill, strikes 

current law secs. 7132, 7133, 7134. 

SR 

130. The House amendment creates a Native language program in Section 5132 and the Senate bill creates a Native language 

immersion program in Part D. 

HR/SR with an amendment to insert the following and 

move to Sec. XXX: 

SEC. XXX. NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE IMMERSION SCHOOLS AND PROGRAMS. 

(a) PURPOSES.—The purposes of this subsection 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 subsection 

XXX (National Activities for Title VI), the Secretary shall 

make grants to eligible entities to develop and maintain, or to 

improve and expand, programs that support schools, including 

elementary and secondary school education sites and streams, 

using Native American and Alaska Native languages as the 

primary language 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 Native American or Alaska Native languages as the primary language of instruction: 


smartinez on DSK4TPTVN1PROD with REPORTS
679 

(A) An Indian tribe. 

(B) A Tribal College or University (as defined in section 316 of the Higher Education Act of 1965). 

(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 defined 

in section 3 of the Alaska Native Claims Settlement Act 

(43 U.S.C. 1602)). 

(G) A private, tribal, or Alaska Native nonprofit organization. 

(c) APPLICATION.— 

(1) IN GENERAL.—An eligible entity that desires 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, 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 present 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 applicant will— 

(i) use the funds provided to meet the purposes of 

this part; 

(ii) implement the activities described in øsubsection¿ (e); 

(iii) ensure the implementation of rigorous academic content; and 

(iv) ensure that students progress towards 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; 


smartinez on DSK4TPTVN1PROD with REPORTS
680 

(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 part 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 non-tribal for-profit or nonprofit organization shall submit, along with the application requirements described in paragraph (1), a certification described 

in subparagraph (B) indicating that the school has the capacity to provide education primarily through a Native 

American or Alaska Native language and that there are 

sufficient speakers of the target language at the school or 

available to be hired by the school. 

(B) CERTIFICATION.—The certification described in subparagraph (A) shall be from one of the following entities, 

on whose land the school 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). 

(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 subsection, 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 subsection shall use such funds to carry out 

the following activities: 

(A) Supporting Native American or Alaska Native language education and development. 

(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. 


smartinez on DSK4TPTVN1PROD with REPORTS
681 

(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 part 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 subsection; 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. 

131. The House amendment and Senate bill have different purposes. 

See note 130. 

132. The Senate bill includes a general purpose statement for 

grants awarded. 

See note 130. 

133. The House amendment and Senate bill have different eligible entities. 

See note 130. 

134. The Senate bill and House amendment authorize different 

activities. 

See note 130. 

135. The Senate bill, but not the House amendment, contains 

specific application requirements and limitations. 

See note 130. 

136. The Senate bill and the House amendment contain similar 

certification requirements. 

See note 130. 

137. The Senate bill authorizes grants for three years. The 

House amendment authorizes grants for five years. 

See note 130. 

138. The Senate bill, but not the House amendment, requires 

the Secretary to try to ensure diversity of languages in the grant 

awards. 

See note 130. 

139. The House amendment, but not the Senate bill, contains 

a definition of ‘‘average’’. 

See note 130. 

140. The House amendment, but not the Senate bill, contains 

a provision related to administrative costs. 

See note 130. 


smartinez on DSK4TPTVN1PROD with REPORTS
682 

141. The Senate bill, but not the House amendment, requires 

grantees to submit an annual report to the Secretary. 

See note 130. 

142. The Senate bill, but not the House amendment, authorizes 

such sums for fiscal years 2016 through 2021. 

See note 130. 

143. The Senate bill and House amendment have different section numbers. 

LC 

144. The Senate bill and House amendment have different titles. 

HR 

145. The Senate bill and House amendment have different purposes for the grant program. 

HR 

146. The Senate bill and House amendment have different 

structure. The Senate bill, but not the House amendment, includes 

definitions and makes Tribal Educational Agencies eligible. 

HR 

147. The Senate bill, but not the House amendment, makes a 

technical edit to provide for an earlier provision in the Senate bill. 

HR 

148. The Senate bill terminates the grant after three years. 

The House amendment allows for a three year renewal after the 

initial three year grant. 

HR 

149. The Senate bill, but not the House amendment, includes 

a number of uses of funds. 

HR with an amendment to strike ‘‘, subject to the approval of the Secretary.’’ and insert ‘‘consistent with the 

purposes of this section.’’ after ‘‘carry out other activities,’’ 

150. The Senate bill and House amendment have slightly different wording in paragraph (1). 

HR with an amendment to strike ‘‘, in such manner, containing such information and consistent with such criteria,’’ 

and insert ‘‘and in such manner’’ 

151. The Senate bill, but not the House amendment, adds a 

new subparagraph for evidence of agreement or capacity. 

HR 

152. The Senate bill and House amendment have slightly different wording in paragraph (3). 

HR with an amendment to strike ‘‘only’’ and ‘‘Secretary 

is satisfied that such’’ 

153. The Senate bill, but not the House amendment, strikes 

the clause in subparagraph (C) from ‘‘except that the availability’’ 

and all that follows. 

HR 

154. The Senate bill and House amendment reference different 

sections of the Educational Amendments of 1978. 

HR 

155. The Senate bill, but not the House amendment, prohibits 

funds from being used for direct services. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
683 

156. The Senate bill, but not the House amendment, includes 

a subsection regarding supplementing, not supplanting funds. 

HR 

157. The House amendment, but not the Senate bill, strikes 

sec. 7136 of current law. 

SR 

158. The Senate bill, but not the House amendment, adds the 

Secretary of the Interior to be advised by the council. 

HR 

159. The House amendment, but not the Senate bill, makes 

references to the definition of Alaska Native in Sec. 5206. The 

Senate bill states ‘‘(D) an Eskimo, Aleut, or other Alaska Native’’. 

HR. See note 0. 

160. The House amendment, but not the Senate bill, adds a 

definition for ‘‘Alaska Native organization’’. 

HR 

161. The Senate bill, but not the House amendment, adds a 

definition of ‘‘traditional leaders’’. 

HR 

162. The Senate bill authorizes such sums through 2021. The 

House amendment authorizes subpart 1 at $105,921,000 for each 

year through 2019 and subparts 2 and 3 at $24,858,000 for each 

year through 2019. 

SR with an amendment to insert the following: 

(a) in subsection (a), by striking ‘‘$105,921,000 for each of fiscal 

years 2016 through 2019’’ and inserting ‘‘$100,381,000 for fiscal 

year 2017, $102,388,620 for fiscal year 2018, $104,436,392 for fiscal 

year 2019, $106,525,120 for fiscal year 2020’’. 

(b) in subsection (b) by striking ‘‘$24,858,000 for each of fiscal 

years 2016 through 2019’’ and insert ‘‘$23,558,000 for each of fiscal 

years 2017 through 2020’’. 

163. The House amendment moves the Alaska Native program 

to Part B. The Senate bill includes this in Part C. 

HR 

164. The Senate bill, but not the House amendment, references 

‘‘peoples’’ after ‘‘Alaska Native’’. 

HR with an amendment to strike ‘‘peoples’’ 

165. The Senate bill and House amendment have slight wording differences in paragraph (6). 

HR/SR to strike the paragraph 

166. The Senate bill, but not the House amendment, includes 

‘‘peoples’’ after ‘‘Alaska Native.’’ 

HR with an amendment to strike ‘‘peoples’’ 

Report Language: ‘‘It is the Conferees’ intent that the term 

‘‘Alaska Native’’ be inclusive of all indigenous groups within Alaska 

and all Alaska Native peoples.’’. 

167. The Senate bill and House amendment have slight wording differences in paragraph (6). 

HR with amendment to strike ‘‘, and to ensure’’ through 

the period at the end of the sentence. 

168. The Senate bill and House amendment are similar, but 

use different structure and different descriptions of eligible entities. 


smartinez on DSK4TPTVN1PROD with REPORTS
684 

SR with an amendment to strike ‘‘Alaska Native Organizations’’ through paragraph (2) and insert after ‘‘with,’’ ‘‘any 

of the following to carry out the purposes of this part: 

(A) Alaska Native Organizations with experience operating programs that fulfill the purposes of this part. 

(B) Alaska Native Organizations without such experience that are in partnership with— 

(i) a State educational agency or a local educational agency; or 

(ii) Alaska Native Organizations that operate programs that fulfill 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, 

provided that the entity— 

(i) has experience operating programs that fulfill 

the purposes of this part; and 

(ii) is granted an official charter or sanction, as 

prescribed in 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 

tribal organization to carry out programs that meet 

the purposes of this part. 

169. The Senate bill, but not the House amendment, adds 

multi-year award continuations. 

HR 

170. The House amendment, but not the Senate bill, stipulates 

mandatory and permissible activities must be specifically in the elementary and secondary education context. 

HR with an amendment to strike ‘‘peoples’’ 

171. The Senate bill and House amendment are identical except Senate adds Senate clause (iv). 

SR with amendment to insert ‘‘that are culturally informed and’’ after ‘‘materials that’’ and ‘‘, including curricula intended to preserve and promote Alaska Native culture’’ at the end of (i). 

172. The Senate bill adds ‘‘and incorporate . . .’’ at the end of 

(B)(i); the House amendment add comma between ‘‘understanding 

of’’ and ‘‘Alaska Natives’’ 

SR with an amendment to insert ‘‘and improve their 

teaching methods’’ before the period at the end of (i). 

173. The Senate bill, but not the House amendment, includes 

a subparagraph regarding early childhood parenting education activities. 

HR 

174. The Senate bill and House amendment have different subparagraph letters. 

LC 

175. The Senate bill, but not the House amendment, includes 

‘‘and adults’’ in Senate bill subparagraph (E). 

HR 

176. The Senate bill and House amendment are similar except 

for different references to college and career ready in the lead in. 


smartinez on DSK4TPTVN1PROD with REPORTS
685 

SR with an amendment to strike ‘‘and prepare Alaska 

Native students to be college and career ready upon graduation from secondary school’’ and insert ‘‘enable Alaska Native students served under this part to meet the challenging 

State academic standards described in section 1111(b)(1) or’’ 

after ‘‘Activities designed to’’ 

177. The House amendment includes commas after students 

and the Senate bill says ‘‘students and teachers’’. 

HR with an amendment to strike ‘‘peoples’’ 

178. The Senate bill and House amendment use different sentence structure in subclause (II). 

LC 

179. The House amendment, but not the Senate bill, includes 

a subclause instruction in Alaska Native history. 

HR with an amendment to insert ‘‘history,’’ after ‘‘arts,’’ 

in subclause (II). 

180. The Senate bill, but not the House amendment, includes 

a hyphen in Senate subclause (III). 

LC 

181. The House amendment, but not the Senate bill, requires 

a focus on Alaska Native cultural preservation. 

SR 

182. The Senate bill, but not the House amendment, includes 

several other uses. 

HR with an amendment to strike (V) and in (iii) to strike 

‘‘holistic’’ ‘‘to enable such students to benefit from supplemental programs offered’’, ‘‘, school climate, trauma, safety 

and nonacademic learning’’ and insert ‘‘comprehensive’’ before ‘‘school or community based’’ and ‘‘trauma, and improve conditions for learning at home, in the community, 

and at school.’’ at the end. 

183. The Senate bill, but not the House amendment, includes 

a subparagraph on immersion nests. 

HR with an amendment to strike (G) an insert ‘‘, including Native language immersion nests or schools’’ after immersion activities’’ in (VI). 

Report Language: ‘‘The Conferees intend that funds used to 

support Native language immersion activities, immersion schools 

and immersion nests may include the establishment or operation of 

such activities, schools or nests. The Conferees further intend that 

these immersion activities, schools, or nests not be limited to high 

school programs but may include a student’s educational experience in elementary school or middle school.’’ 

184. The Senate bill and House amendment have different language with similar meaning in Senate (H) and House (F). 

HR 

184a. The Senate bill and House amendment have different 

language with similar meaning in Senate (I) and House (G). 

HR 

185. The Senate bill and House amendment have slightly different structure in Senate (J) and House (L). 

LC 

186. The Senate bill and House amendment have similar intent, but different structure in Senate (K) and House (H). 


smartinez on DSK4TPTVN1PROD with REPORTS
686 

HR with an amendment to strike ‘‘provide’’ and all that 

follows and insert ‘‘ increase connections between schools, 

families and communities, including positive youth-adult relationships, to promote the academic progress and positive 

development of Alaska Native children and youth and improve conditions for learning at home, in the community, 

and at school.’’ 

187. The Senate bill and House amendment are similar, but 

have different wording in Senate (M) and House (J). 

SR 

Report Language: ‘‘It is the Conferees intent that the term regional vocational schools include boarding schools, for Alaska Native students in grades 9 through 12, or at higher levels of education, that provide vocational or career and technical education.’’ 

188. The Senate bill, but not the House amendment, includes 

a subparagraph regarding other activities. 

HR 

189. The Senate bill, but not the House amendment, moves 

this to Senate Sec. 7305. 

LC 

190. The Senate bill, but not the House amendment, strikes 

this subsection. 

HR 

191. The Senate bill authorizes such sums through 2021. The 

House amendment authorizes $33,185,000 each year through 2019. 

SR with an amendment to strike ‘‘$33,185,000 for each of 

fiscal years 2016 through 2019’’ and insert ‘‘$31,453,000 for 

each of fiscal years 2017 through 2020’’ 

192. The Senate bill and House amendment have different language related to program administration. 

HR 

193. The Senate bill, but not the House amendment, adds additional clarifying language to the Alaska Native definition. 

LC 

194. The Senate bill, but not the House amendment, adds definition of ‘‘Alaska Native tribe’’ and ‘‘Alaska Native Tribal Organization’’. 

SR 

195. The House amendment includes a definition of Alaska Native organization. 

HR/SR with amendment to read as follows: 

(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 

the Indian self-Determination and Education Assistance 

Act (25 U.S.C. 450b) that is a tribal organization located 

in Alaska; or 


smartinez on DSK4TPTVN1PROD with REPORTS
687 

(C) an organization listed in clauses (i) through (xii) of 

section 419(B)(B) of the Social Security Act (42 U.S.C. 

619(4)(B)(i)–(xii)), or the successor of an entity so listed; 

196. The Senate bill, but not the House amendment, contains 

a definition of Alaska Native Regional Nonprofit Corporation. 

SR 

197. The Senate bill, but not the House amendment, adds a 

section in improving collection, reporting, and analysis on Indian 

student data. 

SR 

198. The Senate bill, but not the House amendment, includes 

a new section require the Secretary of Education to do a study on 

rural education in Indian country. 

SR 

199. The Senate bill, but not the House amendment, adds a 

new section requiring a report on the response to Indian suicides. 

HR 

200. The Senate bill and House amendment have the Native 

Hawaiian program in different parts. 

HR 

201. The Senate bill and House amendment have different 

findings and are in different sections. 

HR 

202. The Senate bill and House amendment have the purposes 

in different sections. 

HR 

203. The House amendment, but not the Senate bill, includes 

new language in (1) by adding ‘‘implement, assess, and evaluate’’ 

and everything after ‘‘educational programs’’ 

HR 

204. The House amendment, but not the Senate bill, strikes 

‘‘direction in (2) and adds ‘‘more effectively and efficiently’’ and ‘‘on 

the development’’ following. It also strikes ‘‘on Native Hawaiian 

education to provide periodic assessments and data collection. 

HR 

205. The House amendment, but not the Senate bill, strikes 

current law subparagraphs (3) and (4) and inserts a new (3). 

HR 

206. The Senate bill and House amendment have different sections and section titles. 

LC. HR on title. 

207. The Senate bill and House amendment are identical except the Senate uses numeral and the House amendment spells out 

‘‘one’’ and they refer differently to islands in (L). 

LC 

208. The Senate bill and House amendment have slightly different language for paragraph (4). 

HR 

209. The Senate bill and House amendment are identical except the Senate bill adds ‘‘of’’ after coordination in paragraph (1). 

HR 

210. The Senate bill, but not the House amendment, includes 

reference to subsection (a) in subsection (d). 

LC 


smartinez on DSK4TPTVN1PROD with REPORTS
688 

211. The Senate bill and House amendment use different references for activities in paragraph (2)(B). 

LC 

212. The Senate bill adds reference to Sec. 1111. The House 

amendment adds ‘‘student after ‘‘State’’. 

HR 

213. The Senate bill and House amendment are identical except the House amendment spells out numbers and the Senate bill 

uses figures. 

LC 

214. The Senate bill and House amendment contain different 

section references. 

LC 

215. The House amendment, but not the Senate bill, provides 

for a report. 

HR 

216. The Senate bill and House amendment have different section numbers and different structures. 

HR 

217. The House amendment, but not the Senate bill, adds ‘‘in 

order to carry out programs . . . part’’ and strikes ‘‘direct’’ in subsection (a). 

HR 

218. The House amendment, but not the Senate bill, adds 

‘‘education and workforce development’’ in paragraph (3). 

HR 

219. The House amendment, but not the Senate bill, changes 

to ‘‘priority’’ rather than ‘‘priorities’’ in subsection (b); changes ‘‘or’’ 

to ‘‘and entering into’’; strikes ‘‘carryout activities described in 

paragraph (3)’’; and strikes ‘‘entities proposing projects that are assigned to’’ at the end of subsection (b). 

HR 

220. The Senate bill and House amendment have different priorities. 

HR 

221. The House amendment, but not the Senate bill, moves authorization from Sec. 7205 to Sec. 5305. 

LC 

222. The House amendment authorizes $34,181,000 each year 

through 2019. The Senate bill authorizes such sums through 2021. 

SR with amendment to read as follows: 

(a) In subsection (a) to strike $34,181,000 for each of fiscal 

years 2016 through 2019’’ and insert ‘‘$32,397,000 for each of fiscal 

years 2017 through 2020’’ 

(b) In subsection (b) to strike ‘‘fiscal year after the date of the 

enactment of the Student Success Act not less than $500,000 for 

the grant to the Education Council under section 5303.’’ and insert 

‘‘of fiscal years 2017 through 2020 $500,000 to make a direct grant 

to the Education Council to carry out section 6204’’ 

223. The Senate bill and House amendment have different 

structure. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
689 

224. The House amendment, but not the Senate bill, adds 

‘‘high-quality early learning’’ before ‘‘services’’ in paragraph (1); 

strikes ‘‘age 5’’ and adds ‘‘age of kindergarten entry’’. 

HR 

225. The House amendment, but not the Senate bill, strikes 

clauses (i) and (ii) in current law. The House amendment, but not 

the Senate bill, includes early care and education programs as 

services that may be provided by family-based education centers. 

HR 

226. The House amendment, but not the Senate bill, change 

‘‘third grade’’ to ‘‘grade 3’’ in paragraph (3) and changes ‘‘5th and 

6th’’ to ‘‘Grades 5 and 6’’. 

LC 

227. The House amendment, but not the Senate bill, adds ‘‘of 

such students’’ to end of subparagraph (B). 

SR 

228. The Senate bill and House amendment have slight wording differences in last clause of (7)(B), which is (G)(ii) in current 

law. 

SR 

229. The House amendment, but not the Senate bill, adds ‘‘students, parents,’’ before ‘‘families’’ in paragraph (8). 

SR 

230. The Senate bill and House amendment describe subparagraph (A) differently and subparagraph (C) differently. 

SR 

231. The House amendment, but not the Senate bill, adds ‘‘before’’, ‘‘summer’’, ‘‘expanded learning time’’, and ‘‘weekend academies’’ in subparagraph (B). 

SR 

232. The Senate bill and House amendment different on wording in House (9) or current law (I). 

HR 

233. The House amendment, but not the Senate bill, strikes 

current law (i), (iv), and (v) in paragraph (9). 

SR 

234. The House amendment, but not the Senate bill, includes 

‘‘guidance’’ in (B) and removes the reference to ‘‘receiving scholarship assistance’’. 

SR 

235. The House amendment, but not the Senate bill, adds new 

paragraph (C) regarding professional development activities. 

HR 

236. The House amendment, but not the Senate bill, strikes 

current law (4) Special Rule and Conditions. 

SR 

237. The House amendment, but not the Senate bill, adds subsection (d) Additional Activities. 

HR 

238. The House amendment, but not the Senate bill, adds ‘‘exception’’ in references it in paragraph (1). 

HR 

239. The House amendment, but not the Senate bill, strikes 

Sec. 7206 (b) special rule; adds new (b). 


smartinez on DSK4TPTVN1PROD with REPORTS
690 

HR 

240. The House amendment, but not the Senate bill, adds (c) 

Supplement Not Supplant. 

HR 

241. The House amendment, but not the Senate bill, strikes 

sec. 7207 Definitions. 

HR 

242. The Senate bill, but not the House amendment, adds 

‘‘community consultation’’ to definitions. 

HR 

TITLE VIII—IMPACT AID 

1. The Senate bill includes amendments to the Impact Aid program in Title VIII of the bill. The House amendment includes all 

Impact Aid changes in Title IV. 

HR/SR with an amendment to redesignate Title VIII as 

Title VII 

2. The Senate bill and House amendment are similar, except 

the Senate bill includes ‘‘same challenging’’ in the description of 

State academic standards. 

HR 

3. The Senate bill strikes the language in the FY 2013 National Defense Authorization Act requiring the changes made to 

Impact Aid in the NDAA to be in place for only two years. The Senate bill makes the Impact Aid changes in NDAA permanent. The 

House amendment makes such change in conforming amendments. 

See note 100. 

LC 

4. The Senate bill and House amendment are identical. 

LC 

5. The House amendment allows local educational agencies to 

use facsimiles or productions of original records, or when original 

records have been unintentionally destroyed, other appropriate 

records to demonstrate that the value of the Federal property in 

the local educational agency boundaries is 10 percent or more of all 

the property in the boundaries to determine eligibility for 8002 

funds. The Senate bill includes no such language. 

SR 

6. The House amendment updates a section reference to reflect 

the changed structure of the bill. The Senate bill makes no such 

change. 

LC 

7. The Senate bill amends the Special Rule used in determining the taxable value for eligible federal property shared by two 

local educational agencies to allow the Secretary to calculate the 

value of such Federal property using a specific formula. The House 

amendment includes no such language. 

HR 

8. The Senate bill, but not the House amendment, adds new 

eligibility requirements for local educational agencies containing 

forest service land and serving certain counties charted under state 

law. 

HR with an amendment to strike ‘‘For each fiscal year’’ 

and all that follows through to the period. 


smartinez on DSK4TPTVN1PROD with REPORTS
691 

9. The Senate bill amends the special rule to enable local educational agencies to meet the 10 percent federal property eligibility 

requirements for 8002 funds if such agency was eligible under the 

other eligibility requirements for 8002 funds on the day before enactment of the bill. The House amendment amends the special rule 

to enable local educational agencies to meet the 10 percent federal 

property eligibility requirements for 8002 funds if records to determine such eligibility were destroyed prior to 2000 and the agency 

received funds in the previous year. 

SR with an amendment to strike FY 2014 and enter ‘‘fiscal year after the date of enactment’’ 

10. The House amendment, but not the Senate bill, enables 

local educational agencies who have consolidated boundaries with 

2 or more former local educational agencies after 1938 to allow the 

Secretary to determine 8002 eligibility based on the eligibility of 

two or more of the former districts. 

SR 

11. The House amendment, but not the Senate bill, includes 

language to further specify the conditions a local educational agency formed by the consolidation of 2 or more former local educational agencies has to meet in order to be eligible for 8002 funds. 

SR with an amendment to strike clause i and amend 

clause ii to strike ‘‘for FY 2016’’ insert ‘‘for the fiscal year 

following enactment and each subsequent fiscal year.’’ 

12. The House amendment, but not the Senate bill, includes 

language to specify the amount of funds a consolidated local educational agency will be eligible to receive. 

SR 

13. The House amendment, but not the Senate bill, updates 

section references to reflect the changed structure of the bill. 

LC 

14. The Senate bill and House amendment are similar, except 

the Senate bill applies the requirement to submit necessary data 

for payment calculation to fiscal year 2010 and any succeeding year 

and the House amendment applies such requirement to fiscal year 

2010 through the fiscal year in which the House amendment is authorized. 

HR 

15. The Senate bill and House amendment repeal subsection 

(k) detailing special rules for local educational agencies in South 

Dakota and Pennsylvania. 

LC 

16. The House amendment repeals eligibility requirements for 

certain old and combined Federal property before 2000, and certain 

Federal property after 2000. The Senate bill maintains such requirements. 

SR 

17. The Senate bill redesignates subsections pursuant to previous changes, and the House amendment similarly does so. However, subsection (n) in the Senate bill is redesignated as subsection 

(l), and in the House amendment, it is redesignated as subsection 

(k). 

LC 


smartinez on DSK4TPTVN1PROD with REPORTS
692 

18. The House amendment, but not the Senate bill, updates a 

reference in redesignated subsection (j) Prior Year Data. 

LC 

19. The Senate bill and House amendment are virtually identical, except the Senate bill refers to the section to be amended in 

a different way than the House amendment. 

LC 

20. The House amendment, but not the Senate bill, allows local 

educational agencies, when calculating payments for federally connected children, to include children enrolled in the local educational agency due to open enrollment policies, but not those enrolled in distance education programs who do not live in the boundaries of the local educational agency. 

HR 

21. The Senate bill and House amendment language is identical, except the Senate bill is structured slightly differently. 

LC 

22. The House amendment, but not the Senate bill, updates 

section references to reflect the changed structure of the bill. 

LC 

23. The Senate bill and House amendment both repeal subparagraph (E). 

LC 

24. The Senate bill and House amendment are the same in 

structure with these Senate bill designations. See House amendment redesignations in note 38. 

LC 

25. The Senate bill and House amendment are identical. 

LC 

26. The Senate bill, but not the House amendment, includes an 

option for an LEA to be eligible under this subparagraph if such 

LEA was eligible to receive a payment in FY 2013 and is located 

in a State that by law has eliminated ad valorem tax as LEA revenue. 

SR 

27. The Senate bill structures this subclause differently than 

the House amendment. Under the Senate bill, an LEA is eligible 

under this subclause if it meets the requirements of items (aa) and 

(bb). Under item (bb), an LEA must meet the requirements of either subitem (AA) or (BB). Under the House amendment, an LEA 

is eligible under this subparagraph if it meets the requirements of 

items (aa), (bb), and (cc). 

HR 

28. The Senate and House amendment are identical. 

LC 

29. The Senate bill and House amendment are identical on tax 

rate. Note the reordering of this provision in the House amendment 

to match the Senate structure. 

LC 

30. The Senate bill requires that, for eligibility purposes, an 

LEA has at least a 30 percent enrollment of federally connected 

children or at least a 20 percent enrollment of federally connected 

children and for the previous 3 years, a 65 percent enrollment of 


smartinez on DSK4TPTVN1PROD with REPORTS
693 

federally connected children who are eligible for free or reduced 

price lunch. 

HR 

31. The House amendment requires that, for eligibility purposes, an LEA has at least a 20 percent enrollment of federally 

connected children and for the previous 3 years, a 65 percent enrollment of federally connected children who are eligible for free or 

reduced price lunch. 

HR 

32. The Senate bill requires, for eligibility purposes under this 

subclause, an LEA to have not less than 5,000 federally connected 

students who live on federal property and whose parents are either 

1) employed on federal property within the LEA grounds; 2) an official of a foreign government; or 3) in active duty. The House 

amendment requires an LEA to have at least 5,500 of such students. 

HR 

33. The Senate bill, but not the House amendment, includes a 

subitem that requires, for eligibility purposes under this subclause, 

an LEA to have a per-pupil expenditure (PPE) that is less than the 

average PPE in the State where the LEA is located or the average 

PPE of all 50 states (except that an LEA with less than 350 students automatically meets this requirement), and a tax rate of not 

less than 95 percent of the tax rate of LEAs in the State. 

HR with an amendment to strike ‘‘of’’ and insert ‘‘for 

comparable’’ in front of ‘‘local educational agencies in the 

State;’’ and insert ‘‘as provided for under paragraph 

(2)(B)(II)(bb)’’ after ‘‘has a per-pupil expenditure’’. 

34. The Senate bill and House amendment are identical in describing loss of eligibility under this subparagraph. 

LC 

35. The Senate bill and House amendment are identical in describing the circumstances for loss of eligibility under this subparagraph if an LEA falls below the requirement to tax at a rate of at 

least 95 percent of the average tax rate of comparable LEAs in the 

State. 

LC 

36. The Senate bill, but not the House amendment, includes a 

provision describing eligibility under this subparagraph for LEAs 

that have been taken over by a State board of education in the previous 2 years. 

HR 

37. The Senate bill and House amendment are identical in describing circumstances around resumption of eligibility. Note this 

language does not appear in the House amendment because it was 

drafted as cut-and-bite. 

LC 

38. The Senate bill and House amendment are the same in 

structure with these House amendment designations. See Senate 

bill redesignations in note 24. 

LC 

39. The Senate bill and House amendment are the same in describing the maximum amount for heavily impacted LEAs. 

LC 


smartinez on DSK4TPTVN1PROD with REPORTS
694 

40. The Senate bill, but not the House amendment, includes a 

title for the clause, subclause, and item. 

LC 

41. The Senate bill and House amendment include the same 

policy to describe the student weight of 0.55 for LEAs with certain 

types of federally connected children. The House amendment uses 

slightly different language to describe this policy. 

LC 

42. The Senate bill and House amendment are similar, except 

the Senate bill titles the item and adds ‘‘and shall be eligible for 

the student weight as provided for in item (aa)’’ at the end of the 

item to describe the student weights for students in LEAs who 

meet the ‘exception’ circumstances where a 10 percent enrollment 

of certain federally connected students is not required. The House 

amendment does not include this language, but the policy is similar. 

HR 

43. The Senate bill and House amendment are virtually identical in describing student weights for LEAs with less than 100 federally connected children, except the Senate bill titles the subclause. 

LC 

44. The Senate bill and House amendment are virtually identical in describing student weights for LEAs with more than 100 

but less than 1000 federally connected children, except the Senate 

bill titles the subclause. 

LC 

45. The Senate bill, but not the House amendment, titles the 

clause and subclause. 

LC 

46. The Senate bill, but not the House amendment, titles the 

clause and subclause. 

LC 

47. The Senate bill requires, to be considered a heavily impacted LEA for purposes of the subparagraph, an enrollment of at 

least 25,000, in which at least 50 percent of children are federally 

connected, and of that 50 percent, at least 5,000 students live on 

federal property and have parents who are either 1) employed on 

federal property within the LEA grounds; 2) an official of a foreign 

government; or 3) in active duty. The House amendment changes 

the ‘‘5,000’’ threshold to ‘‘5,500’’. 

HR 

48. The Senate bill and House amendment are the same in describing the student weights for maximum amount calculations, except the Senate bill titles the clause. 

LC 

49. The Senate bill and House amendment are identical in describing the data the Secretary will use for providing assistance 

under this paragraph. 

LC 

50. The Senate bill and House amendment are similar in describing the determination of average tax rates for general fund 

purposes for LEAs, except the Senate bill moves the exception, ‘‘except as provided in clause (ii)’’, to the front of the clause (i), and 


smartinez on DSK4TPTVN1PROD with REPORTS
695 

includes more detailed circumstances for determining exceptions in 

clause (ii). See note 51. The House amendment includes a specific 

subparagraph reference to be subject to an exception in this clause, 

but does not include the detailed circumstances for determining exceptions, as can be seen in note 51. 

HR 

51. The Senate bill, but not the House amendment, includes 

specific circumstances for determining average tax rates for general 

fund purposes for LEAs for FY 2010–2015, and subsequent to 2015. 

The Senate bill also allows the Secretary to reserve a specific 

amount of unobligated funds from 2013 and 2014 to meet the requirements of this clause. 

HR 

52. The Senate bill and House amendment include identical 

language to describe eligibility for heavily impacted LEAs affected 

by privatization of military housing. 

LC 

53. The Senate bill and House amendment include identical 

language to describe the amount of payment for heavily impacted 

LEAs affected by privatization of military housing. 

LC 

54. The Senate bill and House amendment are identical in defining ‘‘conversion of military housing units to private housing.’’ 

Note the language does not appear here from the House amendment because it was drafted in cut-and-bite. 

LC 

55. The Senate bill and House amendment are identical in describing provisions related to payments to specified military bases. 

LC 

56. The House amendment, but not the Senate bill, describe 

provisions for calculating payments for LEAs that provide distance 

education programs. 

HR 

57. The Senate bill and House amendment contain different 

references to describe Learning Opportunity Threshold (LOT) payments in lieu of basic support payments under paragraph (2). 

SR 

58. The House amendment, but not the Senate bill, strikes’’ as 

the case may be’’ at the end of the subparagraph. 

SR 

59. The Senate bill and House amendment are identical in describing ratable distribution of LOT payments. 

LC 

60. The Senate bill includes a limitation on the maximum LOT 

payment for a LEA. The House amendment includes this language 

below in subparagraph (F). See note 63. 

LC 

61. The Senate bill and House amendment include similar provisions to describe the actions to be taken when insufficient funds 

are available for maximum LOT, except the House amendment refers to (3)(d)(2) where funds are authorized for this program, and 

contains a different subparagraph reference to the LOT payment. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
696 

62. The House amendment, but not the Senate bill, includes 

language to describe how LOT payments are made when funds are 

sufficient to give a payment over 100 percent LOT. 

SR 

63. The House amendment includes similar language to the 

Senate bill describe a limitation on the maximum LOT payment for 

a LEA. See note 60. 

LC 

64. The Senate bill, but not the House amendment, requires 

the Secretary to provide the LEAs tax rate and percentage LOT to 

each LEA. 

HR with an amendment to insert ‘‘compared to the average tax rate for general fund purposes of local educational 

agencies in the State’’ after ‘‘and the resulting percentage’’. 

65. The House amendment, but not the Senate bill, makes a 

technical update to address earlier changes. 

SR 

66. The Senate bill and House amendment make identical 

technical updates. 

LC 

67. The Senate bill and House amendment include identical 

language to describe when data from the fiscal year for which an 

LEA is applying will not be used to calculate the LEAs payment. 

LC 

68. The Senate bill and House amendment include identical 

language to describe when data from the fiscal year for which an 

LEA is applying will not be used to calculate the LEAs payment. 

LC 

69. The Senate bill and House amendment include identical 

language to describe when data from the fiscal year for which an 

LEA is applying will not be used to calculate the LEAs payment. 

LC 

70. The Senate bill changes the subsection title to ‘‘Students 

with Disabilities.’’ The House amendment entitles is ‘‘Children with 

Disabilities’’. 

SR 

71. The Senate bill changes all references in the subsection to 

‘‘students with disabilities.’’ The House amendment uses ‘‘children 

with disabilities’’. 

SR 

72. The House amendment updates a cross-reference to reflect 

an earlier change. 

LC 

73. The Senate bill rewrites the Hold Harmless provisions to 

describe how payments will go to LEAs where funds are determined to be reduced by more than $5 million or 20 percent from 

the previous fiscal year. The reduction will be ramped down from 

90 percent to 85 percent to 80 percent of what the LEA received 

in the year prior to any reduction, unless any of those reductions 

would give the LEA less than they are eligible for. 

HR/SR with amendment to read as follows: 

(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 perVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00700 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
697 

cent, 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). 

74. The House amendment includes hold harmless language 

ensuring LEAs receive no less than 90 percent of the calculated 

maximum amount for which the LEA is eligible in the previous fiscal year. The hold harmless is in place for 3 years. 

HR 

75. The Senate bill, but not the House amendment, redesignates Ratable Reduction provisions for the hold harmless language 

when insufficient funds are available. 

HR with amendment to strike (2) and insert (4) 

76. Both the Senate bill and House amendment strike Maintenance of Effort provisions. 

LC 

77. The Senate bill and House amendment replace Bureau of 

Indian Affairs with Bureau of Indian Education. 

LC 

78. Both the Senate bill and House amendment strike language enabling the Secretary to request of LEAs any information 

the Secretary may desire in the 8002 and 8003 applications. 

LC 

79. The Senate bill, but not the House amendment, includes 

language enabling the Secretary to allow LEAs to count the number of children who register for the school year to determine LEA 

eligibility. 

SR 

80. The Senate bill makes technical updates to references to reflect an earlier change. 

SR 


smartinez on DSK4TPTVN1PROD with REPORTS
698 

81. The Senate bill and House amendment update a section 

reference, although the reference is different in each bill reflecting 

different bill structures. 

LC 

82. The House amendment, but not the Senate bill, adds a new 

eligibility option for construction payments. 

HR 

83. The Senate bill, but not the House amendment, makes a 

technical edit to update a mistake in current law. 

HR 

84. The Senate bill and House amendment update section references, although the references are different in each bill reflecting 

different bill structures. 

LC 

85. The Senate bill and House amendment update a section 

reference, although the reference is different in each bill reflecting 

different bill structures. 

LC 

86. Both the Senate and House amendment add a new eligibility option for emergency and modernization construction payments. 

LC 

87. The House amendment, but not the Senate bill, limits the 

Secretary from limiting eligibility for LEAs that meet certain requirements, including LEAs where at least 40 percent of federally 

connected Indian children were enrolled in the prior year and in 

LEAs where more than 10 percent of the property is exempt from 

State and local taxation under federal law. 

HR 

88. The House amendment, but not the Senate bill, strikes language enabling the Secretary to request of LEAs any information 

the Secretary may desire in the emergency and modernization 

grant applications. 

SR with an amendment in subparagraph (A) by adding 

at the end ‘‘and containing such additional information as 

may be necessary to meet the award criteria of this subsection as provided in any other Act.’’ 

89. Both the Senate bill and the House amendment strike the 

annual report to the Secretary. 

LC 

90. The Senate bill and the House amendment update a section 

reference, although the reference is different in each bill reflecting 

different bill structures. 

LC 

91. The Senate bill and the House amendment strike language 

enabling the Secretary to request of States any information the 

Secretary may desire in the State’s written notice of intention to 

include Impact Aid payments as State aid to an LEA for the purpose of state equalization plans. 

LC 

92. The House amendment, but not the Senate bill, includes a 

technical reference update. 

LC 


smartinez on DSK4TPTVN1PROD with REPORTS
699 

93. The House amendment, but not the Senate bill, strikes a 

reference to the Act of September 30, 1950 and accompanying related language. 

SR 

94. The House amendment, but not the Senate bill, adds Coast 

Guard to the definition of ‘‘Armed Forces’’. 

SR 

95. The House amendment, but not the Senate bill, strikes a 

reference to Title VI in the definition of ‘‘Current Expenditures’’. 

SR 

96. The Senate bill, but not the House amendment, updates 

the definition of ‘‘Federal Property’’ as it relates to land that is conveyed at any time under the Alaska Native Claims Settler Act to 

certain parties that meets certain tax circumstances. 

HR with an amendment to insert at the end of (bb) ‘‘that 

has no taxing power’’ 

97. The Senate bill and the House amendment update a U.S.C. 

reference to the Native American Housing Assistance and Self-Determination Act of 1996. 

LC 

98. The House amendment makes a technical edit, adding a 

comma, to the definition of ‘‘Local Contribution Percentage.’’ 

HR 

99. The Senate bill updates the five authorization levels for 

Impact Aid programs to be such sums for fiscal years 2016–2021. 

The House amendment repeals the authorization levels here, but 

includes them in Sec 3 of the bill. 

HR with an amendment to insert the following: 

(a) In paragraph (1) by striking ‘‘such sums as may be necessary for each of fiscal years 2016 through 2021’’ and inserting 

‘‘$66,813,000 for each of fiscal years 2017 through 2019, 

$71,997,917 for fiscal year 2020’’; 

(b) In paragraph (2) by striking ‘‘such sums as may be necessary for each of fiscal years 2016 through 2021’’ and inserting 

‘‘$1,151,233,000 for each of fiscal years 2017 through 2019, 

$1,240,572,618 for fiscal year 2020’’; 

(c) In paragraph (3) by striking ‘‘such sums as may be necessary for each of fiscal years 2016 through 2021’’ and inserting 

‘‘$48,316,000 for each of fiscal years 2017 through 2019, 

$52,065,487 for fiscal year 2020’’; 

(d) In paragraph (5) by striking ‘‘such sums as may be necessary for each of fiscal years 2016 through 2021’’ and inserting 

‘‘$17,406,000 for each of fiscal years 2017 through 2019, 

$18,756,765 for fiscal year 2020’’; 

(e) In paragraph (6) by striking ‘‘such sums as may be necessary for each of fiscal years 2016 through 2021’’ and inserting 

‘‘$4,835,000 for each of fiscal years 2017 through 2019, $5,210,213 

for fiscal year 2020’’; 

100. The House amendment makes changes to the FY 2013 

NDAA to make the Impact Aid changes included within it permanent. The Senate bill also makes such change. See note 3. 

LC 

101. The House amendment, but not the Senate bill, strikes all 

of Title IV. 


smartinez on DSK4TPTVN1PROD with REPORTS
700 

HR 

102. The House amendment, but not the Senate bill, repeals 

Public Law 113–76; 20 U.S.C. 7702 note. 

SR 

103. The House amendment, but not the Senate bill, redesignates Title VIII to Title IV. 

LC 

104. The House amendment, but not the Senate bill, changes 

all references in Title VIII to appropriate Title IV reference. 

LC 

TITLE IX—GENERAL PROVISIONS 

1. The Senate bill leaves the general provisions in Title IX. The 

House amendment moved the general provisions to Title VI. 

HR/SR with an amendment to redesignate Title IX as 

Title VIII 

2. The Senate bill uses the number ‘‘4’’ and the House amendment uses the word ‘‘four’’ in the title of the definition. 

LC 

3. The Senate bill and House amendment have different methods for defining four year adjusted cohort graduation rate. The Senate bill refers to the 2008 graduation rate calculation and the 

House amendment provides for a definition. 

SR with an amendment to strike and replace with the 

following: 

(22) FOUR-YEAR ADJUSTED COHORT GRADUATION RATE.— (A) IN GENERAL.—The term ‘four-year adjusted cohort 

graduation rate’ means the ratio where— 

(i) the denominator consists of the number of students who form the original cohort of entering firsttime 9th grade students enrolled in the high school no 

later than the effective date for student membership 

data submitted annually by State educational agencies 

to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform 

Act, adjusted by— 

(I) adding the students who joined that cohort, after the time of the determination of the 

original cohort; and 

(II) subtracting only those students who left 

that cohort, after the time of the determination of 

the original cohort, as described in subparagraph 

(B); and 

(ii) except as provided in subclause (III), the numerator— 

(I) consists of the number of students in the 

cohort, as adjusted under clause (i), who earned a 

regular high school diploma before, during, or at 

the conclusion of— 

(aa) the fourth year of high school; or 

(bb) a summer session immediately following the fourth year of high school; and 

(II) consists of all students with the most significant cognitive disabilities assessed using the 


smartinez on DSK4TPTVN1PROD with REPORTS
701 

alternate assessment aligned to alternate academic achievement standards under section 

1111(b)(2)(D) awarded a State-defined alternate 

diploma that is standards-based and aligned with 

the State requirements for the regular high school 

diploma, and 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; and 

Report Language: ‘‘It is the Conferees’ intent that the State 

shall determine requirements for both the regular high school diploma and for the State-defined alternate diploma described in this 

subclause. Requirements determined by the state for the alternate 

diploma must be aligned to the State’s requirements for the regular 

high school diploma and should be reflective of the State’s requirements for a regular high school diploma with respect to satisfactory 

coursework completion or competency demonstrations that reflect 

professional judgment as to the highest possible standards achievable by such students.’’ 

(III) shall not consist of any student awarded 

a GED or other recognized equivalent, 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 to confirm that the student has transferred 

out, emigrated to another country, transferred to a prison 

or juvenile facility, or is deceased. 

(C) TRANSFERRED OUT.— 

(i) IN GENERAL.—For purposes of this paragraph, 

the term ‘transferred out’ means a student who the 

high school or local educational agency has confirmed, 

according to clause (ii), has transferred— 

(I) to another school from which the student 

is expected to receive a regular high school diploma; or 

(II) to another educational program from 

which the student is expected to receive a regular 

high school diploma. 

(ii) CONFIRMATION REQUIREMENTS.— 

(I) DOCUMENTATION REQUIRED.—The confirmation of a student’s transfer to another school 

or educational program described in clause (i) requires documentation from the receiving school or 

program that the student enrolled in the receiving 

school or program. 

(II) LACK OF CONFIRMATION.—A student who 

was enrolled, but for whom there is no confirmation of the student having transferred out, shall 

remain in the adjusted cohort. 

(iii) PROGRAMS NOT PROVIDING CREDIT.—A student 

who is retained in grade or who is enrolled in a GED 

or other alternative educational program that does not 


smartinez on DSK4TPTVN1PROD with REPORTS
702 

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.— (i) COHORT FORMATION.—For those high schools 

that start after grade 9, the original cohort shall be 

calculated for the earliest high school grade students 

attend no later than the effective date for student 

membership data submitted annually by State educational agencies to the National Center for Education 

Statistics pursuant to section 153 of the Education 

Sciences Reform Act. 

(ii) VERY SMALL SCHOOLS.—A state educational 

agency may calculate the 4-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 purposes of differentiation under section 1111(c)(4)(D)(i)(II) by— 

(I) aggregating data included in the denominator and numerator described under clause (i) 

and clause (ii) of subparapgrah (A), respectively, 

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 such differentiation. 

4. The House amendment defines ‘charter school’ in Title VI. 

The Senate bill defines ‘‘charter school’’ in Title V. The language 

is slightly different but substantively the same. 

HR 

5. The Senate bill and the House amendment contain different 

section references to reflect different bill structures. 

LC 

6. The Senate bill and House amendment contain different section references to reflect different bill structures. 

LC 

7. The Senate bill and House amendment contain different section references to reflect different bill structures. 

LC 

8. The Senate bill and House amendment contain different section references to reflect different bill structures. 

LC 

9. The Senate bill modifies the definition of ‘‘core academic 

subjects’’ and the House amendment eliminates it. 

HR/SR with an amendment to insert the following: 

(11) WELL-ROUNDED EDUCATION.—The term ‘‘well-rounded 

education’’ means courses, activities, and programming in subjects including 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, and physical education, and any other subject 


smartinez on DSK4TPTVN1PROD with REPORTS
703 

as determined by the State or local educational agency, with 

the purpose of providing all students access to an enriched curriculum and educational experience. 

10. The Senate bill and House amendment define ‘‘covered program’’ in different ways, reflecting different programs in either bill. 

SR with amendment to strike ‘‘(B) Title II’’ through the 

period at the end and insert ‘‘(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; (H) subpart 2 of part 

C of title V’’ 

11. The House amendment, but not the Senate bill, slightly 

amends this definition. 

SR 

12. The House amendment, but not the Senate bill, contains a 

definition of ‘‘direct student services’’. 

HR 

13. The House amendment, but not the Senate bill, modifies 

the ‘‘distance learning’’ definition and renames it ‘‘distance education’’. 

HR 

14. The Senate bill, but not the House amendment, includes a 

definition of ‘‘dual or concurrent enrollment’’. 

HR with an amendment to strike and insert the following: 

‘‘(17) 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 is transferable to the institutions of higher education in the partnership 

and applies toward completion of a degree or recognized educational credential. 

15. The Senate bill, but not the House amendment, includes a 

definition of ‘‘early childhood education program’’. 

HR 

16. The Senate bill, but not the House amendment includes a 

definition of ‘‘early college high school’’. 

HR with an amendment to strike ‘‘transferable’’ and insert ‘‘that are transferable to the institutions of higher education in the partnership’’ 

17. The Senate bill refers to ‘‘challenging’’ academic standards. 

HR 

18. The Senate bill and House amendment use different crossreferences. 

HR 

19. The Senate bill, but not the House amendment, has a definition for ‘‘evidence-based’’. 

HR with an amendment to insert the following: 

(23) EVIDENCE-BASED.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the term ‘evidence-based’, when used with respect to 


smartinez on DSK4TPTVN1PROD with REPORTS
704 

a State, local educational agency, or school activity, means 

an activity 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 that is based on 

high-quality research findings or positive evaluation 

that such activity is likely to improve student outcomes or other relevant outcomes; and 

(II) includes ongoing efforts to examine the effects 

of such activity. 

(B) DEFINITION FOR SPECIFIC ACTIVITIES FUNDED

UNDER THIS ACT.— The term ‘evidence-based’, means a 

State, local educational agency, or school activity that 

meets the requirements of subclause (I), (II), or (III) of 

subparagraph (A)(i) when used with respect to interventions or improvement activities or strategies funded under 

section 1003. 

(C) TECHNICAL ASSISTANCE.—If requested by State or 

local educational agencies, regional educational laboratories shall provide technical assistance to such State or 

local educational agency in meeting the requirements of 

this paragraph. 

20. The Senate bill, but not the House amendment, has a definition of ‘‘expanded learning time’’. 

HR with an amendment to strike ‘‘instruction and enrichment in core academic subjects, other academic subjects, and other activities that contribute to’’ and insert ‘‘activities and instruction for enrichment in’’ 

21. The Senate bill and the House amendment have different 

methods for defining ‘‘extended-year adjusted cohort graduation 

rate’’. The Senate bill refers to the 2008 regulation and the House 

amendment defines ‘‘extended-year adjusted cohort graduation 

rate’’. 

SR with an amendment to strike and replace with the 

following: 

(20) EXTENDED-YEAR ADJUSTED COHORT GRADUATION

RATE.— 

(A) IN GENERAL.—The term ‘extended-year adjusted 

cohort graduation rate’ means the ratio where— 

(i) the denominator consists of the number of students who form the original cohort of entering firsttime 9th grade students enrolled in the high school no 

later than the effective date for student membership 

data submitted annually by State educational agencies 

to the National Center for Education Statistics under 


smartinez on DSK4TPTVN1PROD with REPORTS
705 

section 153 of the Education Sciences Reform Act, adjusted by— 

(I) adding the students who joined that cohort, after the time of the determination of the 

original cohort; and 

(II) subtracting only those students who left 

that cohort, after the time of the determination of 

the original cohort, as described in subparagraph 

(B); and 

(ii) except as provided in subclause (III), the numerator— 

(I) consists of the number of students in the 

cohort, as adjusted under clause (i), who earned a 

regular high school diploma before, during, or at 

the conclusion of— 

(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 

(II) consists of all students with the most significant cognitive disabilities assessed using the 

alternate assessment aligned to alternate academic achievement standards under section 

1111(b)(2)(D) awarded a State-defined alternate 

diploma that is standards-based and aligned with 

the State requirements for the regular high school 

diploma, and 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; 

Report Language: ‘‘It is the Conferees’ intent that the State 

shall determine requirements for both the regular high school diploma and for the State-defined alternate diploma described in this 

subclause. Requirements determined by the State for the alternate 

diploma must be aligned to the State’s requirements for the regular 

high school diploma and should be reflective of the State’s requirements for a regular high school diploma with respect to satisfactory 

coursework completion or competency demonstrations that reflect 

professional judgment as to the highest possible standards achievable by such students.’’ 

(III) shall not consist of any student awarded 

a GED or other recognized equivalent, 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 to confirm that the student has transferred 

out, emigrated to another country, transferred to a prison 

or juvenile facility, or is deceased. 

(C) TRANSFERRED OUT.— 

(i) IN GENERAL.—For purposes of this paragraph, 

the term ‘transferred out’ means a student who the 


smartinez on DSK4TPTVN1PROD with REPORTS
706 

high school or local educational agency has confirmed, 

according to clause (ii), has transferred— 

(I) to another school from which the student 

is expected to receive a regular high school diploma; or 

(II) to another educational program from 

which the student is expected to receive a regular 

high school diploma. 

(ii) CONFIRMATION REQUIREMENTS.— 

(I) DOCUMENTATION REQUIRED.—The confirmation of a student’s transfer to another school 

or educational program described in clause (i) requires documentation from the receiving school or 

program that the student enrolled in the receiving 

school or program. 

(II) LACK OF CONFIRMATION.—A student who 

was enrolled, but for whom there is no confirmation of the student having transferred out, shall 

remain in the denominator of the extended-year 

adjusted cohort. 

(iii) PROGRAMS NOT PROVIDING CREDIT.—A student 

who is retained in grade or who is enrolled in a GED 

or other alternative educational program that does not 

issue or provide credit toward the issuance of a regular high school diploma shall not be considered transferred out and shall remain in the extended-year adjusted cohort. 

(D) SPECIAL RULE.—For those high schools that start 

after grade 9, the original cohort shall be calculated for the 

earliest high school grade students attend no later than 

the effective date for student membership data submitted 

annually by State educational agencies to the National 

Center for Education Statistics pursuant to section 153 of 

the Education Sciences Reform Act. 

22. The House amendment, but not the Senate bill, includes a 

definition for ‘‘high-quality academic tutoring’’. 

HR 

23. The Senate bill, but not the House amendment, adds a definition of multi-tier system of supports. 

HR with an amendment to strike (33) and insert a new 

(33) as follows: 

‘(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 decision making.’; 

Report Language: ‘‘It is the intent of the Conferees that the 

full range of students’’ needs, including academic needs and behavioral needs, be addressed through a school’s use of a multi-tier system of supports.’’ 

24. The House amendment, but not the Senate bill, eliminates 

the definition of ‘‘mentoring’’. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
707 

25. The House amendment and the Senate bill update the definition of ‘‘outlying areas’’ in different ways. 

SR 

26. The Senate bill, but not the House amendment, includes a 

definition of ‘‘paraprofessional’’. 

HR 

27. The Senate bill and House amendment contain different 

section references in subparagraph (D). 

LC 

28. The House amendment, but not the Senate bill, includes a 

definition for ‘‘Pay For Success Initiatives’’. 

SR with an amendment to strike the definition and insert the following: 

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 must include— 

(1) a feasibility study on the initiative describing how the 

proposed intervention is based on evidence of effectiveness; 

(2) 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; 

(3) an annual, publicly available report on the progress of 

the initiative; and 

(4) except as provided as under paragraph (2), a requirement that payments are made to the recipient of a grant contactor or cooperative agreement only when agreed upon outcomes are achieved. 

29. The Senate bill and the House amendment both include a 

definition of ‘‘professional development’’ but they are different. 

SR with amendment to strike ‘‘the term ‘professional development’ —’’ and everything that follows through the ‘‘.’’ 

at the end and insert after ‘‘PROFESSIONAL DEVELOPMENT—’’ the following: 

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 the øcore 

academic subjects¿ and to meet challenging State academic standards; and 

(B) are sustained (not stand-alone, 1-day, or short 

term workshops), intensive, collaborative, job-embedded, 

data-driven, classroom-focused, and may include activities 

that— 

(i) improve and increase teachers’— 

(I) knowledge of the academic subjects the 

teachers teach; 


smartinez on DSK4TPTVN1PROD with REPORTS
708 

(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 recruiting, 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; 

(ix) are designed to give teachers of children who 

are 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-tiered systems 

of supports, and use of accommodations; 


smartinez on DSK4TPTVN1PROD with REPORTS
709 

(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 

(xviii) where applicable and practical, provide 

jointly for school staff and other early childhood education program providers, to address the transition to 

elementary school, including issues related to school 

readiness.’ 

30. The House amendment, but not the Senate bill, includes a 

definition of ‘‘regular high school diploma’’. 

SR with an amendment to strike and replace with the 

following: 

‘(37) REGULAR HIGH SCHOOL DIPLOMA.—The term ‘regular high 

school diploma’ means the standard high school diploma awarded 

to the preponderance of students in the State that is fully aligned 

with State standards, or a higher diploma. Such term shall not include a GED or other recognized equivalent of a diploma, a certificate of attendance, or any lesser diploma award. 

31. The Senate bill definition for ‘‘school leader’’ is structured 

differently from the definition in the House amendment and contains specific references to ‘‘elementary school’’ and ‘‘secondary 

school’’. 

HR 

32. The House amendment, but not the Senate bill, refers to 

optimum conditions for student learning. 

HR 

33. The Senate bill and House amendment have a different 

structure for the definition of ‘‘specialized instructional support 

personnel’’. 

LC 


smartinez on DSK4TPTVN1PROD with REPORTS
710 

34. The Senate bill, but not the House amendment, includes 

school nurses, speech language pathologists, and school librarians 

in the definition for ‘‘specialized instructional support personnel’’. 

HR 

35. The House amendment, but not the Senate bill, updates 

the definition for ‘‘technology’’. 

SR 

36. The Senate bill, but not the House amendment, includes a 

definition for ‘‘universal design for learning’’. 

HR 

Report Language: ‘‘It is the Conferees’’ intent that the term 

‘‘universal design for learning’’ refers to efforts that reduce barriers 

in instruction, that ensure appropriate accommodations and supports, and that allow all students, particularly those with disabilities and English learners, to meet high academic achievement expectations. The term refers to a scientifically valid framework for 

guiding educational practice that provides flexibility in the ways information is presented, in the ways students respond or demonstrate knowledge and skills, and in the ways students are engaged.’’ 

37. The Senate bill and House amendment contain different 

title references. 

LC 

38. The House amendment, but not the Senate bill, strikes the 

requirement for States to demonstrate a majority of funds come 

from non-federal sources. 

HR 

39. The Senate bill, but not the House amendment, adds an 

additional use of funds 

HR 

40. The location of section 9203(b) amendments is out of order 

in the Senate bill. 

LC 

41. The Senate bill, but not the House amendment, adds an 

additional use of funds related to fiscal support teams. 

HR 

42. The House amendment, but not the Senate bill, strikes a 

reference to ‘‘including measurable goals and objectives’’ 

SR with an amendment to insert ‘‘, including program 

objectives’’ after ‘‘effectiveness’’ 

43. The House amendment, but not the Senate bill, removes 

‘‘nonprofit’’ from ‘‘public and private agencies’’. 

SR 

44. The House amendment, but not the Senate bill, removes requirement for the private agency to be nonprofit in 2(A) and 2(B). 

SR 

45. The Senate bill, but not the House amendment, adds an option for rural districts and educational service agencies to submit 

a consolidated plan. 

HR 

46. The House amendment, but not the Senate bill, removes 

the cross reference to State plans being submitted pursuant to current law section 9305 or separately. 

SR 


smartinez on DSK4TPTVN1PROD with REPORTS
711 

47. The House amendment, but not the Senate bill, removes requirement for the private agency to be nonprofit 

SR 

48. The Senate bill, but not the House amendment, includes a 

provision for the local educational agency to request a waiver 

through the state educational agency and for schools to request 

waivers through the local educational agency who then may request it through the state educational agency. 

HR 

49. The House amendment and the Senate bill contain different exceptions. 

HR 

50. The House amendment also contains limitations. 

HR 

51. The House amendment, but not the Senate bill, requires 

the Secretary to waive statutory or regulatory requirements for the 

state educational agencies, Indian tribes, or schools who submit a 

waiver pursuant to the subsection. 

HR 

52. The Senate bill and House amendment have different requirements for the contents of the waiver applications. 

HR 

53. The Senate bill, but not the House amendment, maintains 

the requirement that the application describe how the waiver will 

increase the quality of instruction for students and improve the 

academic achievement of students. The House amendment includes 

a requirement that the application reasonably demonstrate how the 

waiver will improve instruction and advance student academic 

achievement. 

SR with an amendment to strike ‘‘reasonably demonstrates that the waiver will improve instruction for students and’’ and insert ‘‘describes how the waiving of those 

requirements will’’ 

54. The Senate bill, but not the House amendment, requires 

the entity seeking a waiver to regularly evaluate the effectiveness 

of the waiver. 

HR 

55. The Senate bill, but not the House amendment, contains a 

provision that requires waiver plans to only include information directly related to the waiver request. 

SR with an amendment to insert a new subparagraph 

(E) as follows: ’’(E) includes only information directly related to the waiver request; and’’ 

and amend subparagraph (E) of current law by inserting the 

following: 

, and, if the waiver relates to provisions of section 1111(b) or 

ø(h)¿, how the State educational agency, local educational agency, 

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 1111ø(b)(2)(B)(xi)¿’’ after ‘‘requested’’ 

56. The House amendment and the Senate bill have different 

lead-ins before subparagraph (A). 

LC 


smartinez on DSK4TPTVN1PROD with REPORTS
712 

57. The Senate bill and the House amendment contain similar 

language. 

HR 

58. The Senate bill, but not the House amendment, adds a 

cross-reference to the language preceding clause (i) permitting the 

State to act on behalf of local educational agencies. 

HR 

59. The House amendment, but not the Senate bill, inserts ‘‘the 

public’’ and ‘‘provide input’’ in clause (i). 

SR 

60. The House amendment refers to ‘‘LEAs’’ while the Senate 

bill refers to ‘‘any interested LEAs.’’ 

HR 

61. The Senate bill, but not the House amendment, adds a requirement that the state provide this information to any LEA to 

the extent the waiver request impacts that LEA. 

HR 

62. The House amendment, but not the Senate bill, adds 

‘‘input’’ to clause (ii). 

SR 

63. The House amendment, but not the Senate bill, requires 

the States to describe how they addressed comments when submitting the request to the Secretary. 

SR 

64. The House amendment, but not the Senate bill, adds opportunities for comment in a reasonable time to the public and LEAs 

in clause (iii). 

SR 

65. The Senate bill, but not the House amendment, adds a requirement for the SEA to approve any LEA waiver request in accordance with subsection (a)(2) before submission. 

HR 

66. The House amendment, but not the Senate bill, adds ‘‘and 

the public’’ at the end. 

SR 

67. The House amendment, but not the Senate bill, adds reasonable opportunities for the State and public to comment on waiver requests. 

SR 

68. The House amendment, but not the Senate bill, includes a 

peer review requirement. 

HR 

69. The Senate bill and House amendment have different paragraph numbers. 

HR 

70. The Senate bill requires the Secretary to issue a written 

determination regarding the approval or disapproval and the 

House amendment requires the Secretary to approve the waiver 

unless certain conditions are met. 

HR with amendment to insert ‘‘initial’’ after ‘‘regarding 

the’’ and strike ‘‘submitted,’’ and all that follows and insert 

‘‘submitted.’’ Initial disapproval of such request shall be 

based on the determination of the Secretary that—’’ 


smartinez on DSK4TPTVN1PROD with REPORTS
713 

71. The Senate bill includes a 90 day timeline, the House 

amendment includes 60 days. 

HR with amendment to strike ‘‘90’’ and insert ‘‘120’’ 

72. The House amendment, but not the Senate bill, includes 

clauses (iii) and (iv). 

SR with amendment to strike ‘‘clause (iii)’’ insert all that 

follows: 

‘(iii) the plan that is required under paragraph 

(1)(C), provides insufficient information to demonstrate that the waiving of such requirements will 

advance student academic achievement consistent 

with the purposes of this Act; or 

72A. The Senate bill and the House amendment have the same 

subparagraph (B). 

HR/SR with amendment to strike ‘‘If the Secretary determines’’ and all that follows through ‘‘section,’’ and insert 

‘‘Upon the initial determination of disapproval under subparagraph (A),’’ 

73. The Senate bill, but not the House amendment adds a mention of ‘‘through the State educational agency’’. 

HR 

74. The Senate bill requires the Secretary to provide detailed 

reasons for the waiver determination and permits the reasons to be 

posted online. The House amendment says the detailed reasons 

have to be provided at the request of the SEA. 

HR 

75. The Senate bill, but not the House amendment includes 

‘‘through the SEA’’. 

HR 

76. The Senate bill and House amendment refer to the 60 day 

timeline in different ways. 

HR 

76a. The Senate bill and House amendment have the same 

clause (iii). 

SR with amendment to strike ‘‘public’’ 

76b. The Senate bill and the House amendment have the same 

subparagraph (C). 

HR/SR with amendment to insert ‘‘ultimately’’ after ‘‘The 

Secretary may’’ 

77. The Senate bill, but not the House amendment, includes 

‘‘through the SEA’’. 

HR 

78. The House amendment contains ‘‘if requested’’ at the end 

of subclause (II). 

SR. 

79. The Senate bill and House amendment contain different 

provisions on external conditions. 

HR 

80. The House amendment, but not the Senate bill, includes 

Indian tribes in paragraph (1). 

SR 

81. The House amendment, but not the Senate bill, removes 

the paragraph related to maintenance of effort. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
714 

82. The House amendment, but not the Senate bill removes the 

paragraph related to charter schools. The Senate bill updates a 

cross reference in paragraph (8) of the Senate bill. 

HR 

83. The House amendment, but not the Senate bill, makes 

changes to current law paragraph (9) (paragraph (7) in the House 

amendment) regarding prohibitions. 

HR/LC 

84. The Senate bill and House amendment contain different 

section references. 

LC 

85. The Senate bill, but not the House amendment, makes updates to paragraph (10) of the Senate bill to reflect a change in bill 

structure. 

SR 

86. The House amendment, but not the Senate bill, shortens 

the length of possible waiver approval time from 4 years to 3 years. 

HR 

86a. The House amendment, but not the Senate bill, changes 

‘‘Secretary determines’’ to ‘‘State demonstrates’’. 

SR 

87. The Senate bill and House amendment contain different 

provisions related to limitations. 

SR with amendment to strike ‘‘any criterion that specifies, defines, describes, or prescribes’’ and all that follows to 

‘‘improve’’ and insert ‘‘any specific elements of’’ 

88. The Senate bill and House amendment have different reporting requirements. 

HR 

89. The Senate bill and House amendment have different requirements for the termination of waivers. 

HR 

90. The Senate bill, but not the House amendment, includes a 

provision for the repeal of waivers. 

SR 

91. The Senate bill, but not the House amendment, includes a 

provision for a plan approval process for all State and local applications and plans in the bill, including consolidated State and local 

plans. 

Note not needed. 

92. The Senate bill redesignates current law section 4303 as 

section 9573, and updates references to early childhood. The House 

amendment repeals current law section 4303. 

HR 

93. The Senate bill, but not the House amendment, includes a 

provision for a plan approval process for all State applications and 

plans in the bill, including consolidated State plans. The House 

amendment includes similar language for Title II State applications. 

HR with amendment to read as follows: 

(3) by inserting after section 9401 the following: 


smartinez on DSK4TPTVN1PROD with REPORTS
715 

PART E—APPROVAL AND DISAPPROVAL OF STATE PLANS 

AND LOCAL APPLICATIONS 

SEC. 9451. APPROVAL AND DISAPPROVAL OF STATE PLANS. 

(a) APPROVAL—A plan submitted by a State pursuant to section ø2101(d), 4103(d), or 9302¿ shall be approved by the Secretary 

unless the Secretary makes a written determination (which shall 

include rationale supporting such determination), prior to the expiration of the 90-day period beginning on the date on which the Secretary received the plan, that the plan is not in compliance with 

section ø2101(d) or 4103(d) or part C¿, respectively; and 

94. The Senate bill, but not the House amendment, includes a 

provision for a plan disapproval process for all State applications 

and plans in the bill, including consolidated State plans. The House 

amendment includes similar language for Title II State applications. 

HR with an amendment to read as follows: 

(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. 

(c) LIMITATION.—A plan submitted under section ø section 

2101(d), 4103(d), or 9302¿ shall not be approved or disapproved 

based upon the activities proposed within such plan if such proposed activities meet the applicable program requirements.’’ 

(3) RESPONSE.—If the State educational agency responds to 

the Secretary’s notification described in paragraph (2)(A) during the 45-day period beginning on the date on which the State 

educational agency received the notification, and resubmits the 

plan with the requested information described in paragraph 

(2)(C), the Secretary shall approve such plan unless the Secretary determines the plan does not meet the requirements of 

this part. 

95. The Senate bill ensures consolidated State plans related to 

Part A are subject to Title I peer review. 

HR 

96. The Senate bill, but not the House amendment, includes a 

provision for a plan approval process for all local applications and 

plans in the bill, including consolidated local plans. The House 

amendment includes similar language for Title II local applications. 

HR with amendment to read as follows: 

SEC. 9452. APPROVAL AND DISAPPROVAL OF LOCAL EDUCATIONAL 

AGENCY APPLICATIONS. 

(a) APPROVAL—An application submitted by a local educational 

agency pursuant to section ø2102(b), 4104(b), or 9305¿, 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 90 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) 

or 4104(b), or part C, respectively. 


smartinez on DSK4TPTVN1PROD with REPORTS
716 

97. The Senate bill, but not the House amendment, includes a 

provision for a plan disapproval process for all local applications 

and plans in the bill, including consolidated local plans. The House 

amendment includes similar language for Title II local applications. 

HR with amendment to read as follows: 

(b) DISAPPROVAL PROCESS.— 

(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 hearing; and 

(3) RESPONSE.—If the local educational agency responds to 

the State educational agency’s notification described in paragraph (2)(A) during the 45-day period beginning on the date on 

which the local educational agency received the notification, 

and resubmits the application with the requested information 

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. 

98. The Senate bill and House amendment make different 

changes to participation requirements for private school children. 

STRIKE 

99. The House amendment, but not the Senate bill, adds ‘‘or 

their representatives’’. 

HR 

100. The House amendment, but not the Senate bill, adds an 

ombudsman. 

SR 

101. The House amendment, but not the Senate bill, makes 

changes to expenditures, including adding provisions for obligations 

of funds and notice of allocation. 

HR 

102. The House amendment includes a (B) for obligation of 

funds. 

SR with amendment to strike clause (ii) 

Report Language: ‘‘It is the Conferees intent to ensure that the 

agency shall provide services to eligible students under this provision in a timely manner to ensure such services will be provided 

in the year in which the funds were received by such agency. If the 

agency does not provide equitable services in the year in which the 

funds were received, such funds should not be redistributed for 

general use because such services were not provided.’’ 

103. House amendment adds paragraph (C). 

SR with an amendment to strike ‘‘determine’’ through 

all of clause (ii) and insert ‘‘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.’’ 

104. The Senate bill and House amendment have equitable 

participation provisions apply to different programs in the Act. 


smartinez on DSK4TPTVN1PROD with REPORTS
717 

SR with an amendment to strike and insert the following: 

(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; 

105. The Senate bill and House amendment have different 

changes to subsection (c)(1). 

SR with amendment to strike ‘‘in order to reach an 

agreement, with appropriate private school officials during 

the design and development of the programs under this Act, 

on issues such as’’ and insert ‘‘. 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,’’ 

106. The House and Senate make different changes to subparagraph (E). 

HR 

107. The House amendment adds ‘‘or representatives’’ to subparagraph (F). 

HR 

108. The Senate bill but not the House amendment includes 

contract before services. 

SR 

109. The House amendment includes a subparagraph (G). 

HR 

110. The Senate bill and House amendment include similar 

policy in subparagraph (G) of the Senate bill and subparagraph (H) 

of the House amendment. 

HR 

110a. The House amendment includes subparagraph (I). 

SR 

111. The House amendment includes ‘‘or representatives’’ in 

paragraph (2). 

HR 

112. The House amendment makes changes to paragraph (2). 

HR 

113. The House amendment adds paragraph (5) on documentation. 

SR with an amendment to strike ‘‘or representatives’’ 

and to insert after ‘‘indicate’’ ‘‘that such officials’ belief’’ 

(See EP #33) 

114. The House amendment adds paragraph (6) on compliance. 

SR with an amendment to strike ‘‘or representatives’’ 

and insert ‘‘make a decision that treats’’ after ‘‘or did not’’ 

115. The House amendment adds subparagraph (C) in paragraph (6) on state services. 

SR with amendment to strike ‘‘and institutions, if—‘‘and 

all that follows through the end and insert ‘‘and institutions, 

if the appropriate private school officials or their representatives have— 

‘(I) requested that the State educational agency 

provide such services directly; and 


smartinez on DSK4TPTVN1PROD with REPORTS
718 

‘(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;’’ 

116. The House amendment and Senate bill reference different 

sections in 6502 and 6503. 

LC 

117. The House amendment, but not the Senate bill, adds a 45 

day timeline for complaints to be resolved by the states. 

SR 

118. The House amendment changes the Secretary’s timeline 

to 90 days. 

SR 

119. The Senate bill, but not the House amendment, includes 

a provision for maintenance of effort. 

HR 

120. The Senate bill, but not the House amendment, includes 

a change to this provision for school prayer. 

HR 

121. The Senate bill and the House amendment both include 

prohibitions on Federal government and use of funds, but include 

different language. 

SR with amendment to read as follows: 

SEC. 8XXX. 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 ø8401¿ 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). 


smartinez on DSK4TPTVN1PROD with REPORTS
719 

SEC. 8XXX. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF 

FEDERAL FUNDS. 

(a) GENERAL PROHIBITION.—Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government, 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 

122. The Senate bill and the House amendment include prohibitions on the endorsement of curriculum, but include different language. 

SR with amendment to strike ‘‘directly or indirectly’’ 

123. The House amendment includes a protection for local control. 

SR with an amendment to strike ‘‘directly’’ or indirectly’’ 

124. The Senate bill and the House amendment include a prohibition on Federal approval of standards using different language. 

SR with an amendment to strike ‘‘directly’’ or indirectly’’ 

125. The Senate bill, but not the House amendment, includes 

a rule of construction. 

HR with an amendment to strike subparagraph (A) and 

to strike in subparagraph (B) ‘‘Nothing in this section’’ and 

insert ‘‘Nothing in this Act’’ 

125a. The House amendment and Senate bill have different 

references, but the same policy. 

LC 

126. The House amendment, but not the Senate bill, contains 

provisions on prohibited uses of funding for construction, medical 

services, drug treatment, and other uses. 

SR 

126a. The House amendment, but not the Senate bill, has a 

prohibition for construction in (1) 

SR with an amendment to strike ‘‘title IV or otherwise 

authorized’’ 

126b. The House amendment and Senate bill includes different 

paragraph (2)s. 

HR 

126c. The House amendment, but not the Senate bill, has a 

paragraph on transportation prohibition. 

SR 

126d. The House amendment, but not the Senate bill, makes 

changes to (4) and (5). 

HR 

127. The Senate bill and the House amendment include an 

Armed Forces Recruiter Access policy, but use different language 

in (a)(1). 

SR 

128. The House amendment, but not the Senate bill, amends 

the opt out process. 

SR 


smartinez on DSK4TPTVN1PROD with REPORTS
720 

129. The House amendment, but not the Senate bill, adds a 

rule of construction on opt-in processes. 

SR 

130. The House amendment, but not the Senate bill, adds a 

provision on parental consent. 

SR 

130a. The House amendment includes a reference to the bill 

title. 

LC 

131. The Senate bill and the House amendment include a prohibition on federally sponsored testing, but use different language. 

HR 

132. The Senate bill, but not the House amendment updates an 

ESRA reference. 

HR 

133. The Senate bill, but not the House amendment, also includes a rule of construction. 

SR 

134. The Senate bill and the House amendment include a limitation on national testing or certification for teachers, but use different language. 

HR with an amendment to insert in the heading ‘‘, principals, or other school leaders’’ after teachers 

135. The Senate bill adds ‘‘principals’’ after ‘‘teachers’’. 

HR with an amendment to read as follows: 

‘‘(1) by inserting ’, principals, or other school leaders,’ after 

‘teacher’; and’’ insert ‘‘, or other school leaders’’ before the period. 

136. The Senate bill adds ‘‘or incentive regarding’’ after ‘‘administration of’’. 

HR 

137. The House amendment moves the prohibition regarding 

state aid and changes ‘‘title viii’’ to ‘‘title iv’’ to reflect a change of 

structure in the House amendment, but otherwise the provisions 

are identical. 

HR/SR with an amendment to strike ‘‘title VIII’’ and insert ‘‘title VII’’ 

138. The House amendment, but not the Senate bill, includes 

a provision on prohibitions regarding requiring state participation. 

SR 

139. The Senate bill, but not the House amendment, includes 

a provision on consultation with Indian tribes. 

HR to strike the Senate language and insert the following: 

SEC. XX. 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 VII of this Act. 


smartinez on DSK4TPTVN1PROD with REPORTS
721 

(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 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) AFFECTED LOCAL EDUCATIONAL AGENCY.—In this section, 

the term ‘affected local educational agency’ means a local educational agency— 

(1) 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 

‘(2) that received a grant in the previous fiscal year under 

Title VI, Part A, Subpart 1 that exceeded $40,000. .’. 

(e) APPROPRIATE OFFICIALS.—In this section, the term ‘‘appropriate officials’’ means tribal officials who are elected or appointed 

tribal leaders or officials designated in writing by an Indian tribe 

for this specific consultation purpose. 

(f) RULE OF CONSTRUCTION.—Subject to the requirement in (a), 

nothing in this section shall be construed to require the local educational agency to determine who are the appropriate officials nor 

shall the local educational agency be liable for consultation with 

appropriate officials that the tribe determines were not the correct 

individuals. 

(g) LIMITATION.— 

(1) Consultation required under this section shall not 

interfere with the timely submission of the plans or applications required under this Act.. 

140. The Senate bill, but not the House amendment, includes 

a provision on competitive grants applications from BIE. 

SR 

141. The Senate bill, but not the House amendment, includes 

a provision on outreach and technical assistance for rural local educational agencies. 

HR 

142. The Senate bill, but not the House amendment, includes 

a provision on consultation with the governor. 

HR 

143. The Senate bill and House amendment, include provisions 

to protect local control, but use different language. 

HR 

144. The Senate bill, but not the House amendment includes 

a rule of construction regarding travel to and from school. 

HR 

145. The House amendment, but not the Senate bill, includes 

a provision regarding abortion and school-based health centers. 

SR with an amendment to strike and insert the following: 

SEC. 6532. SCHOOLCHILDREN’S PROTECTION FROM ABORTION PROVIDERS.’’ 

and all that follows and insert the following: 


smartinez on DSK4TPTVN1PROD with REPORTS
722 

SEC. XXXX. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS. 

Notwithstanding section ø8102¿, 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)). 

146. The House amendment, but not the Senate bill, includes 

a provision regarding state control over standards. 

SR with an amendment to strike ‘‘or any other specific 

standards,’’ and insert ‘‘or otherwise revise their standards.’’ 

147. The Senate bill and the House amendment include similar 

provisions, except that the House amendment adds ‘‘as prescribed 

under section 1401.’’. 

HR 

148. The House amendment, but not the Senate bill, includes 

a provision for peer review to relate to the whole bill. 

HR 

149. The House amendment, but not the Senate bill, includes 

a provision for parental consent. 

HR 

150. The House amendment, but not the Senate bill, includes 

a provision for reduction in federal spending. 

HR 

151. The House amendment, but not the Senate bill, includes 

findings and a sense of Congress on protecting student privacy. 

SR 

152. The House amendment, but not the Senate bill, includes 

a provision for States retaining rights and authorities they do not 

expressly waive. 

HR 

153. The House amendment, but not the Senate bill, contains 

a provision on reallocation among the states. 

HR/SR Strike all and replace with the following: 

SENSE OF THE CONGRESS.—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 or local educational agency’s request 

to participate in such activities. 

154. The House amendment, but not the Senate bill, contains 

a definition for State with a biennial legislature. 

HR 

155. The House amendment, but not the Senate bill, contains 

a provision related to the intent of Congress. 

HR 

156. The House amendment requires the Secretary to ensure 

that grantees understand their responsibility to protect student privacy. The Senate bill does not include this provision in this title. 

SR with an amendment to strike ‘‘ensure’’ and insert ‘‘require an assurance that’’ 

157. The House amendment, but not the Senate bill, eliminates 

current law section 9532 regarding ‘‘Unsafe School Choice Option.’’ 

HR 

158. The Senate bill and the House amendment include a part 

on Evaluations, but include different provisions. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
723 

159. The Senate bill requires and prioritizes evaluations, studies, and dissemination. The House amendment just allows these 

things. 

HR 

160. The Senate bill and House amendment make evaluating 

effects and efficiencies of programs allowable, but use different 

structures. 

HR 

161. The Senate bill and House amendment allow funds to be 

used to increase evaluation usefulness, but use different language. 

HR 

162. The Senate bill, but not the House amendment, allows 

funds to assist grantees in collecting and analyzing data related to 

evaluations. 

HR 

163. The Senate bill and House amendment both require an 

evaluation plan, but use different language around the requirements. 

HR 

164. The Senate bill requires the National Assessment of Title 

I funds to go directly to this section, and excludes other Title I 

funds to be reserved for evaluation. The House amendment prohibits the reservation of Title I funds. 

HR 

165. The Senate bill, but not the House amendment, includes 

this provision on consolidation. 

HR 

166. The Senate bill and House amendment contain similar 

language related to evaluation activities authorized elsewhere, but 

the House amendment includes ‘‘other than Title I’’ and refers to 

‘‘or project’’ in two places. 

HR 

167. The House amendment redesignates several sections of 

current law in Title VI, General Provisions. 

LC 

167a. The House amendment, but not the Senate bill, repeals 

Title IX. 

HR 

168. The Senate bill and House amendment have different section references and titles. 

HR/SR with an amendment to strike Sec. 9117 and insert the following: 

SEC. 9117. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE. 

Subpart 2 of part F of title IX (20 U.S.C. 7901 et seq.), as 

amended by sections 4001(3) and 9114, and redesignated by section 

9106(1), is further amended by adding at the end the following: 

SEC. 9539. 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 designated under State law, that receives Federal funds under this Act 

shall have laws, regulations, or policies that prohibit any person 

who is a school employee, contractor, or agent, or any State educational agency or local educational agency, from assisting a school 


smartinez on DSK4TPTVN1PROD with REPORTS
724 

employee, contractor, or agent in obtaining a new job, apart from 

the routine transmission of administrative and personnel files, if 

the person 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 case has been officially closed or the prosecutor 

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 exonerated of, the alleged misconduct; or 

(C) the case remains open but 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 person 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.’’. 

169. The Senate bill, but not the House amendment, includes 

the State in addition to the State educational agency and local educational agency in the prohibition. 

See note 168. 

170. The Senate bill, but not the House amendment, requires 

that any State, State educational agency, or local educational agency that receives funds under this Act have laws, regulations, or 

policies in place to prohibit assisting in the transfer. 

See note 168. 

171. The House amendment, but not the Senate bill, makes a 

local educational agency or State educational ineligible for funds 

under this Act if they ‘‘knowingly facilitate’’ a transfer of an employee. 

See note 168. 


smartinez on DSK4TPTVN1PROD with REPORTS
725 

172. The Senate bill, but not the House amendment, includes 

contractors or agents in addition to school employees. 

See note 168. 

173. The Senate bill, but not the House amendment, uses the 

phrase ‘‘knows or recklessly disregards credible information indicating’’. 

See note 168. 

Report Language: ‘‘As used in section 8546, Prohibition on Aiding and Abetting Sexual Abuse, the phrase ‘‘has probable cause to 

believe’’ means that the person knows facts that would lead a reasonable person to conclude that a school employee, contractor, or 

agent has previously engaged in, or is currently engaging in sexual 

misconduct.’’ 

174. The House amendment, but not the Senate bill, uses the 

phrase ‘‘knowingly facilitates the transfer of’’. 

See note 168. 

175. The Senate bill, but not the House amendment, includes 

exceptions for certain circumstances. 

See note 168. 

176. The Senate bill, but not the House amendment, includes 

a prohibition on secretarial authority to mandate, direct, or control 

specific measures adopted by a State, State educational agency, or 

local educational agency. 

See note 168. 

177. The Senate bill, not the House amendment, has a rule of 

construction regarding State’s rights and laws. 

See note 168. 

McKinney-Vento Homeless Assistance Act 

1. The House amendment has a separate Title VII for ‘‘Homeless Education’’. The Senate bill merges ‘‘Homeless Education’’ with 

‘‘Other Laws’’ and ‘‘Miscellaneous’’ in Title X. 

HR/SR with an amendment to place in new Title IX 

2. The House amendment and Senate bill refer to the paragraph to be amended in the McKinney-Vento Homeless Assistance 

Act in different ways. 

LC 

3. The House amendment and Senate bill use different language when referring to State and local educational agencies. 

SR 

4. The House amendment and Senate bill make the same 

change in paragraph (3). 

LC 

5. The Senate bill includes the word ‘‘challenging’’ as it relates 

to State academic standards. 

HR 

6. The House amendment and Senate bill provide for different 

section titles. 

HR 

7. The House amendment and Senate bill make different references to the Act to be amended. 

LC 

8. The House amendment provides for a technical edit. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
726 

9. The Senate bill amends subsection (b) to be named ‘‘(b) Reservations’’ and to include two paragraphs—‘‘(1) Students in Territories’’ and ‘‘(2) Indian Students’’. 

SR 

10. The Senate bill authorizes a 0.1 percent reservation for certain outlying areas, which the House amendment provides for in 

subsection (c)(2)(A). 

SR 

11. The Senate bill requires the Secretary to transfer 1 percent 

of funds to the Department of Interior, which the House amendment provides for in subsection (c)(2)(B)(i). 

SR 

12. The Senate bill requires the Secretary and the Department 

to enter an agreement on use and distribution of the transferred 

funds, which the House amendment provides for in subsection 

(c)(2)(B)(ii). 

SR 

13. The House amendment strikes the requirement that the 

Secretary must provide to a State, at a minimum, the amount a 

State received in 2001 under section 722(c) of the McKinney-Vento 

Homeless Education Assistance Act as one option under ‘‘State Allocations.’’ 

HR 

14. The House amendment strikes paragraph (3) that excludes 

certain outlying areas from being considered a ‘‘State’’ for purposes 

of fund allocations. 

HR 

15. The Senate bill redesignates paragraph (3) as paragraph 

(4). 

SR 

16. The Senate bill renames subsection (c) to be titled ‘‘(c) Allotments’’. 

SR 

17. The Senate bill makes technical changes to subsection (c) 

‘‘Allotments’’. 

SR 

18. The Senate bill creates a new paragraph allowing the Secretary to ratably reduce State allotments under this section if insufficient funds are available, which the House amendment provides for in subsection (c)(1)(B). 

SR 

19. The House amendment makes a technical change to change 

a reference to ‘‘Grants’’ to ‘‘Grant funds from a grant made to a 

State’’. 

HR 

20. The Senate bill adds ‘‘and youths’’ as it relates to the identification of homeless children. 

HR 

21. The Senate bill and House amendment make similar 

changes to this required use of funds, but the Senate bill changes 

‘‘or’’ to ‘‘including.’’ 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
727 

22. The Senate bill and House amendment are similar, except 

the Senate bill includes ‘‘for the Office’’ to clarify what entity the 

described duties in the subtitle are for. 

LC 

23. The House amendment expands grant activities to include 

professional development opportunities for the homeless liaison and 

other local educational agency personnel to better identify and respond to the needs of homeless children and youth. 

SR 

24. The House amendment removes the word ‘‘sums’’ and inserts ‘‘grant funds under this subsection’’ to describe funds made 

available under the subtitle. The House amendment makes a technical edit to a reference to account for a previous change. 

HR on first sentence. LC on second sentence. 

25. The Senate bill makes a technical edit to a reference to account for a previous change. 

SR 

26. The House amendment describes when a State may use 

funds available for State activities—after it distributes subgrants 

to local educational agencies. 

SR 

27. The House amendment, but not the Senate bill, makes a 

technical change to remove a reference to a section that no longer 

exists in the amendment. 

SR 

28. The Senate bill, but not the House amendment, makes a 

technical edit to a reference to account for a later change. 

HR 

29. The House amendment, but not the Senate bill, makes the 

report on separate schools and local educational agencies an annual 

report as opposed to a one-time report. 

HR 

30. The House amendment adds a requirement in the annual 

report for the Secretary to review homeless students’ educational 

progress under the States academic standards for those students 

who are in separate schools. 

SR 

31. The Senate bill and House amendment make identical 

changes in clause (iii). 

LC 

32. The Senate bill and House amendment include different 

text to describe modifications to be made to subsection (f). 

LC 

33. The Senate bill and House amendment include identical 

language in paragraph (1), except a technical difference in subparagraph (A) where the Senate bill adds ‘‘which shall be’’ when describing how the number of homeless children will be posted. 

LC 

34. The House amendment and Senate bill are identical. 

LC 

35. The Senate bill, but not the House amendment, includes 

‘‘reasonably’’ before ‘‘require, a report’’. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
728 

36. The House amendment, but not the Senate bill, includes 

‘‘support’’ before services. 

HR 

37. The Senate bill, but not the House amendment, requires 

the Coordinator for Education of Homeless Children and Youths in 

each State to conduct monitoring of the local educational agencies 

to ensure compliance with various requirements, in addition to providing them technical assistance. 

HR 

38. The Senate bill and House amendment refer to the local 

educational agency liaison by differing terms. 

HR 

39. The Senate bill, but not the House amendment, requires 

the Coordinator for Education of Homeless Children and Youths in 

each State to provide training for local educational agency personnel and the local educational agency liaison on the definitions 

of terms related to homelessness throughout the McKinney-Vento 

Homeless Assistance Act. 

SR with an amendment to insert ‘‘, and provide training 

on the definitions of terms related to homelessness specified 

in sections 103, 401, and 725 to the liaison’’ after youths 

40. The Senate bill and House amendment are similar, except 

the Senate bill offers additional clarifying language on how the provision relates to unaccompanied youths. 

HR 

41. The Senate bill and House amendment include different 

text to describe modifications to be made to subsection (g). 

LC 

42. The House amendment adds additional qualifying language 

to this paragraph to describe how a State will submit a plan in 

order to be eligible for funds. 

HR 

43. The Senate bill and House amendment are similar, except 

the Senate bill includes ‘‘challenging’’ in describing State academic 

standards. 

HR 

44. The House amendment and Senate bill are identical. 

LC 

45. The House amendment and Senate bill are identical. 

LC 

46. The Senate bill includes additional school personnel who 

must be included in programming intended to heighten awareness 

of the specific needs of homeless children and youths. 

HR with amendment to insert ‘‘other’’ before ‘‘school 

leaders’’ 

46a. The Senate bill, but not the House amendment, makes 

reference to subparagraph (J)(ii). 

LC 

47. The Senate bill strikes ‘‘runaway and homeless youths’’ and 

inserts ‘‘of homeless children and youths, including such children 

and youths who are runaway and homeless youths;’’ 

HR 

48. The House amendment and Senate bill are identical. 

LC 


smartinez on DSK4TPTVN1PROD with REPORTS
729 

49. The House amendment and Senate bill are identical. 

LC 

50. The Senate bill includes language requiring that homeless 

children have access to ‘‘the same’’ State and local public preschool 

programs as other children in the State and adds qualifying language on how the same access for homeless children will be 

achieved. The House amendment requires homeless children have 

‘‘equal’’ access to public preschool programs as other children. 

SR with an amendment to strike ‘‘equal’’ 

51. The Senate bill, but not the House amendment, requires 

that States implement policies and practices to ensure that homeless youths and youths separated from public schools receive appropriate credit for full or partial coursework satisfactorily completed 

while attending a prior school as an example of how homeless 

youths are accorded equal access to appropriate secondary education and support services. 

SR with an amendment to strike ‘‘services; and’’ and insert the following: 

services, including by identifying and removing barriers that prevent youths described in this clause from receiving appropriate 

credit for full or partial coursework satisfactorily completed while 

attending a prior school, in accordance with State, local and school 

policies. 

52. The Senate bill, but not the House amendment, includes 

specific types of Federal, State, or local education programs in 

which the State must ensure homeless children are able to participate, if such programs are available at the State or local levels. 

SR with amendment to strike clause (iv) and in clause 

(iii) from ‘‘are able’’ and all that follows and insert the following: 

do not face barriers to accessing academic and extra-curricular activities, including magnet school, summer school, career and technical education, advanced placement, online learning opportunities, 

and charter school programs, if such programs are available at the 

State and local levels. 

Report Language: ‘‘When considering barriers, the Conferees 

intend for homeless students to be afforded the same opportunities 

to participate in academic and extracurricular activities as other 

students, but not for policies to be applied to homeless students 

who do not meet relevant eligibility criteria for such activities. Academic and extracurricular activities should make every effort to 

offer opportunities to homeless students by revising the policies 

and procedures that create barriers specifically related to the students’ homelessness and not to other factors that may compromise 

program integrity.’’ 

53. The Senate bill, but not the House amendment, requires 

States to describe procedures to ensure State and local policies and 

practices are adopted to promote homeless children and youths’ 

academic success. 

SR 

54. The House amendment and Senate bill are identical. 

LC 

55. The House amendment and Senate bill are identical. 

LC 


smartinez on DSK4TPTVN1PROD with REPORTS
730 

56. The Senate bill, but not the House amendment, includes 

examples to specific barriers to the enrollment and retention of 

homeless youths. 

HR with amendment to strike ‘‘State, including’’ and all 

that follows and insert the following: 

‘‘State, including barriers to enrollment and retention due to 

outstanding fees and fines, or absences. 

57. The House amendment and Senate bill are similar. 

LC 

58. The House amendment and Senate bill are identical. 

LC 

59. In clause (ii), the Senate bill requires assurances the homeless liaison will have sufficient training and time to carry out required duties. 

SR with an amendment to add ‘‘able to carry out the duties described in paragraph (6)(A)’’ after ‘‘person’’ and strike 

‘‘to carry out the duties described in paragraph (6)(A) after 

‘‘youths’’ and to add a new (iv) at the end that reads ‘‘(iv) 

the state and its local educational agencies will adopt policies and practices to ensure participation by liaisons described in clause (ii) in professional development and other 

technical assistance activities provided pursuant to paragraphs (5) and (6) of subsection (f), as determined appropriate by the Office of the Coordinator.’’ 

60. In clause (iii), the Senate bill adds clarifying language that 

a homeless child’s school of origin may include a preschool. 

SR 

61. The House amendment and Senate bill are identical. 

LC 

62. The House amendment, but not the Senate bill, includes an 

additional requirement for the State to describe how homeless 

youths will receive assistance from counselors to improve college 

readiness. 

SR 

63. The Senate bill and House amendment are identical. 

LC 

64. The Senate bill and House amendment are virtually identical, except the Senate bill changes ‘‘or’’ to ‘‘and’’ between subclauses (I) and (II) within clause (i). 

HR 

65. The House amendment and Senate bill are identical. 

LC 

66. The House amendment and Senate bill are identical. 

LC 

67. The Senate bill adds ‘‘or (in the case of an unaccompanied 

youth) the youth’’ to clarify to whom the presumption applies when 

discussing the best interest of an unaccompanied youth. 

HR 

68. The House amendment adds the words ‘‘student-centered’’ 

when discussing the factors related to a child’s best interest. The 

Senate bill and House amendment contain different language with 

the same intention as it relates to giving priority to the request of 

a parent, guardian, or unaccompanied youth. 


smartinez on DSK4TPTVN1PROD with REPORTS
731 

HR with an amendment to add ‘‘student-centered’’ before ‘‘factors related’’. 

69. The House amendment requires that if a local educational 

agency determines that it is not in the child or youth’s best interest 

to attend the school of origin, the local educational agency must 

provide a written explanation in a manner and form understandable to parents, guardians, or an unaccompanied youth and information regarding the right to appeal the decision. The Senate 

amendment requires such information to be provided after already 

sending a child or youth to the new school. 

SR 

70. In clause (iv), the Senate bill requires an unaccompanied 

youth’s views to be considered and taken into account when determining such youth’s best interest. The House amendment requires 

such youth’s views to be prioritized. 

SR 

71. The Senate bill adds ‘‘immediate’’ to the subparagraph title. 

HR 

72. The House amendment and Senate bill are identical. 

LC 

73. The House amendment and Senate bill are identical. 

LC 

74. The Senate bill refers to ‘‘health records’’ when describing 

the relevant health records needed to be obtained for an enrolling 

homeless child or youth and the House amendment refers to ‘‘other 

required health records’’. 

SR 

75. The Senate bill contains clarifying language regarding who 

shall be referred to the homeless liaison in the case of unaccompanied youths. 

HR 

76. The Senate bill refers to ‘‘health records’’ in describing 

records in the subparagraph and the House amendment refers to 

‘‘other required health records’’. 

SR 

77. The Senate bill, but not the House amendment, expands 

the enrollment disputes process to apply to disputes over eligibility 

for enrollment. 

SR with an amendment to add ‘‘eligibility,’’ after ‘‘over’’ 

78. The Senate bill, but not the House amendment, includes 

language clarifying that enrollment in a public school includes a 

public preschool. 

SR 

79. The House amendment and Senate bill are identical. 

LC 

80. The Senate bill and House amendment are similar, except 

the Senate bill includes clarifying language around how the clause 

applies to unaccompanied youth and that decisions related to 

school selection and enrollment will require a written explanation 

be provided to parents, guardians, or an unaccompanied youth. 

HR 

81. The House amendment and Senate bill are similar. 

SR 

82. The House amendment and Senate bill are identical. 


smartinez on DSK4TPTVN1PROD with REPORTS
732 

LC 

83. The Senate bill includes this as a new subparagraph (G). 

The House amendment includes this in a new subparagraph (I). 

The Senate exchanges the content of subparagraphs (G) and (I). 

LC 

84. The Senate bill contains language clarifying language that 

information on a homeless student’s living situation should be 

treated as a student education record, and not directory information, under section 444 of the General Education Provisions Act. 

The House amendment includes similar language, and clarifies 

that information will not be released to certain individuals, per 

specific regulations. 

HR with an amendment to strike ‘‘and not as directory 

information’’ and insert ‘‘and shall not be deemed directory 

information’’ 

85. The House amendment and Senate bill are identical. 

LC 

86. The Senate bill and House amendment are identical, except 

the Senate bill includes this definition as subparagraph (I)(i) and 

the House amendment includes this as subparagraph (G)(i). 

SR with an amendment to insert ‘‘, including a preschool’’ before the period at the end. 

87. The Senate bill and House amendment are similar, except 

the Senate bill uses different language to describe how a receiving 

school is a school of origin and does not include ‘‘for all feeder 

schools’’ at the end of the clause. 

SR 

88. The House amendment, but not the Senate bill, includes an 

additional requirement for schools to ensure homeless children and 

youth are held to the same State academic standards to which 

other students are held. 

HR 

89. The Senate bill and House amendment require that homeless children and youth are provided comparable services, including 

transportation. The Senate bill clarifies that such transportation 

may include transportation to a preschool. 

SR 

90. The Senate bill includes access to charter and magnet 

school programs as examples of comparable services homeless students must receive. 

SR 

91. The House amendment and Senate bill are identical. 

LC 

92. The House amendment and Senate bill are identical. 

LC 

93. The House amendment and Senate bill are identical. 

LC 

93a. The House amendment and Senate bill are identical. 

LC 

94. The Senate bill and House amendment are similar, except 

the Senate bill includes transportation and transfer of records as 

examples of inter-district activities rather than as two separate categories. The Senate bill structures the clause differently than the 

House amendment. 


smartinez on DSK4TPTVN1PROD with REPORTS
733 

SR 

95. The House amendment and Senate bill are identical. 

LC 

96. The House amendment and Senate bill are identical. 

LC 

97. The House amendment and Senate bill are identical. 

LC 

98. The Senate bill and House amendment are virtually identical, except the House amendment includes a comma after ‘‘access 

to’’ and before ‘‘available’’ 

SR 

99. The House amendment and Senate bill are identical. 

LC 

100. The Senate bill and House amendment are similar, except 

the Senate bill does not include a reference to section 504 of the 

Rehabilitation Act of 1973. 

SR 

101. The Senate bill and House amendment are virtually identical, except the House amendment adds outreach activities in 

clause (i) in addition to coordination activities, which will be used 

by school personnel to identify homeless children. 

SR 

102. The House amendment and Senate bill are identical. 

LC 

103. The Senate bill and House amendment are virtually identical, except the Senate bill includes specific references to other 

laws where services for homeless youth are also provided to which 

such youth should have access. 

HR 

104. The Senate bill and House amendment are virtually identical, except the Senate bill refers to ‘‘families and homeless children and youths’’ and the House amendment uses ‘‘families, children, and youths’’. 

HR 

105. The House amendment and Senate bill are identical. 

LC 

106. The House amendment and Senate bill are identical. 

LC 

107. The House amendment and Senate bill are identical. 

LC 

108. The House amendment and Senate bill are identical. 

LC 

109. The House amendment and Senate bill are identical. 

LC 

110. The House amendment and Senate bill are identical. 

LC 

111. The Senate bill and House amendment are similar, except 

the Senate bill adds ‘‘challenging’’ to the description of State academic standards. The House amendment also includes ‘‘and practices’’ after ‘‘policies’’ as it relates to required access to secondary 

education and support services. 

HR 

112. The Senate bill allows unaccompanied youths to obtain assistance to receive verification of homelessness for FAFSA eligiVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00737 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
734 

bility. The House amendment requires that unaccompanied youths 

receive verification as homeless for FAFSA eligibility. 

HR 

113. The Senate bill and House amendment are similar, except 

the Senate bill adds ‘‘who are in secondary school’’ in describing the 

homeless youth who must be informed of the duties of the homeless 

liaison. 

SR 

114. The Senate bill and House amendment use virtually identical language to describe the annually required list of liaisons on 

the State website. 

LC 

115. The House amendment and Senate bill are virtually identical, except the Senate bill includes a reference to ‘‘information 

and data’’ needed to meet a requirement in another subsection. The 

House amendment just refers to ‘‘data’’. 

SR 

116. The Senate bill, but not the House amendment, adds a 

new subparagraph requiring homeless liaisons to participate in 

professional development as determined appropriate by the State 

coordinator. The House amendment includes no such requirement. 

SR 

117. The Senate bill allows homeless liaisons or members of 

the personnel of a local educational agency who receive appropriate 

training to certify a child who is eligible for McKinney Vento services under this Act, or a parent or family of such a child or youth, 

as eligible for services under Title IV of McKinney Vento. 

HR with an amendment to strike paragraph (E) and insert the following: 

(E) HOMELESS STATUS.—A local educational agency liaison designated under paragraph (1)(J)(ii) who receives training described 

in subsection (f)(6) may affirm without further agency action by the 

Department of Housing and Urban Development a child or youth 

who is eligible for and participating in a program provided by the 

local educational agency, or the immediate family of such a child 

or youth, who meets the eligibility requirements of this Act for a 

program or service authorized under title IV, as eligible for such 

program or service. 

118. The Senate bill, but not the House amendment, removes 

‘‘that receives assistance under this subtitle’’ to require all States 

to review and revise policies that may act as barriers to the enrollment of homeless children and youths in schools. The Senate bill 

adds reviewing and revising policies related to identification of 

homeless children and youths. 

SR with an amendment to insert ‘‘identification of 

homeless children and youth or’’ before ‘‘enrollment’’ 

119. The House amendment and Senate bill are identical. 

LC 

120. The Senate bill adds language expanding requirements regarding special attention to ensure a focus on identification of 

homeless children and youth who are not currently attending 

school. 

HR 


smartinez on DSK4TPTVN1PROD with REPORTS
735 

121. The House amendment reauthorizes subsection (h), which 

provides for a special rule for emergency assistance for students 

made homeless due to home foreclosure, through 2019 and updates 

language for authorization levels to reflect this change. The Senate 

bill strikes subsection (h). 

HR 

122. The Senate bill and House amendment contain different 

section titles and refer to McKinney-Vento Homeless Assistance 

Act in different ways. 

HR 

123. The Senate bill and House amendment are virtually identical, except Senate bill adds ‘‘of homeless children and youth’’ after 

‘‘identification of’’. 

SR 

124. The House amendment strikes clause (iii), which requires 

McKinney-Vento funds to be used to expand or improve services as 

part of a regular academic program, but not to replace such services. The Senate bill maintains such clause. 

HR 

125. The Senate bill includes a technical, clarifying edit, and 

the House amendment includes no such edit. 

HR 

126. The House amendment includes a paragraph limiting the 

duration of the subgrants that is included in the Senate bill under 

Section 723(c)(4). 

LC 

127. The Senate bill requires an assurance that subgrant applicants will spend not less than 90 percent of the local educational 

agency’s combined fiscal effort per student or aggregate expenditures of that agency and the State from the previous year. The 

House amendment eliminates such maintenance of effort provision. 

HR 

128. The Senate bill and House amendment include similar 

provisions, except the Senate bill includes a references to ‘‘information and data requested by the State Coordinator’’ and the House 

amendment only refers to ‘‘data requested by the State coordinator’’. 

SR 

129. The Senate bill requires that subgrantees assure they will 

meet all local educational agency requirements. The House amendment requires that subgrantees assure they will remove barriers to 

local educational agency compliance with removing barriers to 

identifying, enrolling, and retaining homeless youth. 

HR 

130. The House amendment, but not the Senate bill, includes 

a technical edit to address a later change in removing authorization levels. 

HR 

131. The Senate bill, but not the House amendment, changes 

a reference to ‘‘preschool’’ to ‘‘early childhood education and other 

preschool programs’’. 

HR 

132. The House amendment and Senate bill are identical. 

LC 


smartinez on DSK4TPTVN1PROD with REPORTS
736 

133. The House amendment and Senate bill are identical. 

LC 

134. The House amendment and Senate bill are identical. 

LC 

135. The House amendment and Senate bill are identical. 

LC 

136. The House amendment and Senate bill are identical. 

LC 

137. The Senate bill and House amendment are identical. Note 

clause (iii) of the House amendment amending subparagraph (G) 

moves to note 140. 

LC 

138. The House amendment, but not the Senate bill, requires 

that when determining the quality of an application, the State educational agency consider how local educational agencies applying 

for funds will leverage resources by maximizing nonsubgrant funding for the homeless liaison position and providing transportation. 

SR 

139. The Senate bill and House amendment are identical, except the reference to section 1113 is different. 

LC 

140. The Senate bill and House amendment are similar, except 

the House amendment strike ‘‘case management or related’’. 

HR 

141. The Senate bill includes this description above as a new 

section 723(b)(7). See note 129. 

HR 

142. The Senate bill and House amendment are similar, except 

the Senate bill adds ‘‘challenging’’ to describe State academic 

standards. 

HR 

143. The House amendment and Senate bill are identical. 

LC 

144. The Senate bill and House amendment are virtually identical, except the Senate bill appears to have a technical drafting 

error. 

SR 

145. The House amendment and Senate bill are identical. 

LC 

146. The Senate bill and House amendment are similar, except 

the Senate bill refers to ‘‘other health records’’ and the House 

amendment refers to ‘‘other required health records’’ when describing required transferring records for homeless students. 

SR 

147. The Senate bill and House amendment are similar, except 

the Senate bill includes ‘‘and guardians’’ after ‘‘education and training to the parents’’ and an additional technical clarification in the 

latter phrase of the paragraph. 

SR 

147a. The Senate bill adds an additional clarification in the 

latter sentence of the paragraph. 

HR with an amendment to strike ‘‘of the’’ and insert ‘‘of 

such’’ before ‘‘children’’. 

148. The House amendment and Senate bill are identical. 


smartinez on DSK4TPTVN1PROD with REPORTS
737 

LC 

149. The Senate bill and House amendment are virtually identical, except the Senate bill uses ‘‘or parental mental health’’ and 

the House amendment includes ‘‘and parental mental health’’. 

SR 

150. The Senate bill, but not the House amendment, amends 

the paragraph to expand the provision of emergency assistance to 

ensure that homeless children are able to enroll and succeed in 

school beyond just attending school. The Senate bill clarifies that 

school includes preschool programs. 

SR with an amendment to insert ‘‘and participate fully 

in school activities’’ after ‘‘school’’. 

150a. The Senate bill, but not the House amendment, clarifies 

that school includes preschool programs. 

SR 

151. The Senate bill and House amendment are virtually identical, except in for how they reference the McKinney-Vento Homeless Assistance Act. 

LC 

152. The House amendment, but not the Senate bill, includes 

dissemination of the required notice to program grantees. 

HR 

153. The Senate bill, but not the House amendment, refers to 

Technical Assistance in the subsection title. 

HR 

154. Both the Senate bill and House amendment add technical 

assistance to the required activities of the Secretary. 

LC 

155. The House amendment, but not the Senate bill, changes 

references to ‘‘applications for grants’’ to ‘‘plans for the use of grant 

funds’’. 

HR 

156. The House amendment, but not the Senate bill, extends 

the period of application submission and grant distribution. 

SR 

157. The Senate bill and House amendment are similar, except 

the Senate refers to supporting areas where documented barriers 

to education persist. The House amendment does not use the term 

‘‘documented.’’ 

HR 

158. The Senate bill requires the Secretary to develop, issue, 

and publish ‘‘guidelines’’, whereas the House amendment requires 

the Secretary to develop, issue, and publish ‘‘strategies.’’ 

HR 

159. The Senate bill contains minor technical differences to the 

House amendment in paragraphs (1) and (2). 

LC 

160. The Senate bill requires the Secretary to collect and disseminate data on homeless students not less than every two years. 

The House amendment requires the Secretary to collect and disseminate data periodically, but does not specify a time period. 

SR 

161. The Senate bill and House amendment contain slightly 

different language referencing how the location of homeless chilVerDate Sep 11 2014 06:53 Dec 04, 2015 Jkt 097707 PO 00000 Frm 00741 Fmt 6601 Sfmt 6601 E:\HR\OC\HR354.XXX HR354

smartinez on DSK4TPTVN1PROD with REPORTS
738 

dren must be reported. The Senate bill only requires location reporting in cases in which the child or youth’s location can be identified. 

SR with an amendment to strike ‘‘location’’ and insert 

‘‘primary nighttime residence’’ 

162. The Senate bill, but not the House amendment, includes 

a technical edit related to a later change. 

SR 

163. The Senate bill, but not the House amendment, includes 

a technical edit related to a later change. 

SR 

164. The Senate bill, but not the House amendment, adds a requirement for the Secretary to report on the academic progress of 

homeless students, including progress on academic assessments, as 

well as the percentage or number of homeless students participating in such assessments, not less than every 2 years. 

SR 

165. The Senate bill and House amendment reference their respective Act titles. 

LC 

166. The House amendment provides for technical reference 

edits not included in the Senate bill. 

SR with an amendment to strike paragraph 1 and in 

paragraph 2, to strike ‘‘6101’’ and insert ‘‘8101’’ 

167. The Senate bill strikes ‘‘awaiting foster care placement’’ in 

the definition of ‘‘homeless children and youths’’. 

HR 

168. The Senate bill clarifies that the term ‘‘unaccompanied 

youth’’ includes a homeless child or youth. 

HR 

169. The Senate bill provides for an effective date of the 

change to the definition of ‘‘homeless children and youths’’. 

HR 

170. The Senate bill defines ‘‘covered state’’ for the purposes of 

the date of enactment for the change to the definition of ‘‘homeless 

children and youths’’. 

HR 

171. The Senate bill authorizes such sums for this Act through 2021. The House amendment authorizes $65,042,000 for this Act 

each year through 2019. SR to strike ‘‘$65,042,000 for each of fiscal years 2016 

through 2019’’ and insert ‘‘$85,000,000 for each of fiscal years 

2017 through 2020’’ 

Misc. and Other Laws 

1. The House amendment, but not the Senate bill, amends 

IDEA to repeal the definition for ‘‘highly qualified’’ as it applies to 

special education teachers. 

SR with an amendment to insert the following: 

(1) Further amend the Individuals with Disabilities Education Act by— 

(A) striking ‘‘highly qualified teacher’’ each place it appears and inserting ‘‘teachers that meet qualifications as 

described in section 612(a)(14)(C)’’; and 


smartinez on DSK4TPTVN1PROD with REPORTS
739 

(B) amending section 612(a)(14)— 

(i) in subparagraph (C) by striking ‘‘school is highly qualified by the deadline established in section 

1119(a)(2) of the Elementary and Secondary Education 

Act of 1965.’’ and inserting: school— 

(i) has obtained full State certification as a special 

education teacher (including certification obtained 

through alternative routes to certification), or passed 

the State special education teacher licensing examination, and holds a license to teach in the State as a special education teacher, except that any teacher teaching in a public charter school such teacher meets the 

requirements set forth in the State’s public charter 

school law; 

(ii) has not had special education certification or 

licensure requirements waived on an emergency, temporary, or provisional basis; and 

(iii) holds at least a bachelor’s degree.’’; and 

(ii) in subparagraph (D), by striking ‘‘highly 

qualified personnel’’ and inserting ‘‘personnel that 

meet the applicable requirements described in this 

paragraph’’; and 

(2) by striking section 302(a) of the Individuals with Disabilities Education Improvement Act of 2004 and inserting— 

(a) Parts A, B, and C, and subpart 1 of part D of the Individuals with Disabilities Education Act, as amended by title I, shall 

take effect on July 1, 2005.’’. 

Report Language: ‘‘The Conferees intend that the requirement 

for a special educator to hold a bachelor’s degree can be met by a 

teacher holding any bachelor’s degree. The Conferees do not intend 

for the Secretary to require special education teachers to receive a 

bachelor’s degree in any particular subject or field.’’ 

2. The House amendment, but not the Senate bill, includes a 

Sense of Congress on transfers of teachers accused of sexual misconduct. 

SR with an amendment to read as follows: 

SEC. 801. FINDINGS; SENSE OF THE CONGRESS. 

(a) FINDINGS.—The Congress finds as follows: 

(1) There are significant anecdotal reports that some 

schools and local educational agencies have failed to properly 

report allegations of sexual misconduct by employees, contractors or agents; 

(2) instead of reporting the alleged misconduct to the appropriate authorities such as the police or child welfare services, reports suggest that some schools or local educational 

agencies have kept the information private or entered into confidentiality agreements with the employee who agrees to leave 

his or her employment with the school or local educational 

agency; and 

(3) this practice can facilitate the exposure of other students in other jurisdictions to sexual misconduct. 

(b) SENSE OF THE CONGRESS.—It is the sense of the Congress 

that— 


smartinez on DSK4TPTVN1PROD with REPORTS
740 

(1) confidentiality agreements between local educational 

agencies or schools and child predators should be prohibited; 

(2) local educational agencies or schools should not facilitate the transfer of child predators; and 

(3) states should require local educational agencies and 

schools to report any and all information regarding allegations 

of sexual misconduct to law enforcement and other appropriate 

authorities. 

3. The House amendment, but not the Senate bill, requires the 

Department of Education OIG contact information to be prominently displayed by all grant or subgrant recipients; the notification of Department of Education employees of their responsibility 

to report fraud; and the notification of applicants for grants or subgrants of their obligation to be accurate and truthful when applying for grants. 

SR with an amendment to strike and replace with the 

following: 

SEC. 802. PREVENTING IMPROPER USE OF TAXPAYER FUNDS. 

To address misuse of taxpayer funds, the Secretary of Education shall— 

(1) require that each recipient of a grant or subgrant 

under the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 6301 et seq.) display in a public place the Department of Education Office of Inspector General hotline contact 

information so any individual who observes, detects, or suspects improper use of taxpayer funds can easily report such 

improper use; 

(2) annually notify employees of the Department of Education of their responsibility to report fraud; and 

(3) require applicants— 

(A) for grants under such Act—to provide an assurance to submit truthful and accurate information when applying for grants and responding to monitoring and compliance reviews; 

(B) for subgrants under such Act to provide a similar 

assurance to grantees. 

4. The House amendment, but not the Senate bill, includes requirements for monitoring and oversight. 

SR with an amendment to insert the following: 

SEC. 8003. ACCOUNTABILITY TO TAXPAYERS THROUGH MONITORING 

AND OVERSIGHT 

To improve monitoring and oversight of taxpayer funds authorized to be appropriated under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6 6301 et seq.), and to deter and prohibit waste, fraud, and abuse of such funds, the Secretary of Education— 

(1) shall notify each recipient of a grant under such Act 

(and, if applicable, require the grantee to inform each subgrantee) of its responsibility to— 

(A) comply with all monitoring requirements under 

the applicable program or programs; and 

(B) monitor properly any subgrantee under the applicable program or programs. 


smartinez on DSK4TPTVN1PROD with REPORTS
741 

(2) shall review and analyze the results of monitoring and 

compliance reviews— 

(A) to understand trends and identify common issues; 

and 

(B) to issue guidance to help grantees address these 

issues before the loss or misuse of taxpayer funding occurs; 

(3) shall publically report the work undertaken by the Secretary to prevent fraud, waste, and abuse; and 

(4) shall work with the Office of Inspector General in the 

Department of Education as needed to help ensure that employees of such department understand how to monitor grantees properly and to help grantees monitor any sub-grantees 

properly. 

5. The House amendment, but not the Senate bill, prohibits 

states from requiring school districts that use ESEA funds to hire 

or pay the salary of teachers to use such funds to make contributions to pension systems beyond the normal cost, and defines ‘‘normal cost’’. 

HR 

6. The House amendment, but not the Senate bill, provides a 

Sense of Congress on First Amendment rights on the free exercise 

of religion. 

SR with an amendment to strike the provision and insert the following: 

øSEC. 805¿ SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS. 

It is the sense of Congress that a student, teacher, school administrator, or other school employee retains their rights under the 

First Amendment during the school day or while on elementary or 

secondary school grounds. 

7. Both the Senate bill and the House amendment specify the 

definition of the term ‘Highly Qualified’ in other laws. The Senate 

bill includes the language in section 10201, while the House 

amendment includes the language in section 603, and they have 

different section headings. The languages of the provisions have 

only minor technical differences. 

HR/SR with an amendment to strike the language in 

both bills and insert the following: 

SEC. 9XX. USE OF TERM ‘‘HIGHLY QUALIFIED’’ IN OTHER LAWS. BEGINNING ON THE DATE OF THE ENACTMENT OF THIS ACT. 

(a) any reference in sections 420N, 428J, 428K, and 460 of the 

Higher Education Act to the term ‘‘highly qualified’’ as defined in 

section 9101 of the Elementary and Secondary Education Act of 

1965 shall be treated as a reference to such term under section 

9101 of the Elementary and Secondary Education Act of 1965 as 

in effect on the day before the date of enactment of this Act; and 

(b) any other reference in law to the term ‘‘highly qualified’’ as 

defined in section 9101 of the Elementary and Secondary Education 

Act of 1965 as such Act was in effect on the day before the date 

of enactment of this Act shall mean that the teacher meets applicable State certification and licensure requirements, including alternate certification requirements 

8. The Senate bill and House amendment include similar language on Department of Education staff. The Senate bill includes 


smartinez on DSK4TPTVN1PROD with REPORTS
742 

this language as a stand-alone provision in title X of the bill. The 

House amendment includes the language in the general provisions 

of the Act. 

SR with an amendment to strike and insert the following: 

SEC. 6549. DEPARTMENT STAFF. 

The Secretary shall—1) not later than 60 days after the date 

of the enactment of the Student Success Act, identify the number 

of Department employees who worked on or administered each education program and project authorized under this Act, as such program or project was in effect on the day before such enactment 

date, and publish such information on the Department’s website; 

(2) not later than 60 days after such enactment date, identify the 

number of full-time equivalent employees who work on or administer programs or projects authorized under this Act, as in effect on 

the day before such enactment date, that have been eliminated or 

consolidated since such date; 3) not later than 1 year after such enactment date, reduce the workforce of the Department by the number of full-time equivalent employees the Department calculated 

under paragraph (2); and 4) not later than 1 year after such enactment date, report to the Congress on—(A) the number of employees 

associated with each program or project authorized under this Act 

administered by the Department; (B) the number of full-time equivalent employees who were determined to be associated with eliminated or consolidated programs or projects under paragraph (2); (C) 

how the Secretary reduced the number of employees at the Department under paragraph (3); (D) the average salary of the 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 under 

this Act by the Department, disaggregated by employee function 

with each such program or project. 

9. The House amendment and Senate bill have different 

timelines 

See note 8. 

10. The House amendment and Senate bill refer to the Department, ESEA, and the bill titles differently. 

See note 8. 

11. The House amendment, but not the Senate bill, refers to 

a timeline. 

See note 8. 

12. The House amendment and Senate bill refer to ESEA differently. 

See note 8. 

13. The House amendment, but not the Senate bill, has a provision on reducing the number of Department employees. 

See note 8. 

14. The Senate bill and House amendment refer to ESEA differently. 

See note 8. 

15. The Senate bill requirement disaggregation by employee 

function in paragraph (2). The House amendment requires it in 

subparagraph (E) 

See note 8. 


smartinez on DSK4TPTVN1PROD with REPORTS
743 

16. The Senate bill and House amendment have different paragraph references. 

See note 8. 

17. The House amendment, but not the Senate bill, requires 

the report to describe how the Secretary reduced employees. 

See note 8. 

18. The House amendment, but not the Senate bill, has two 

provisions on average salary of eliminated employees and FTE employees working on ESEA programs. 

See note 8. 

19. The Senate bill, but not the House amendment, requires 

the report to show how the Secretary addressed report findings relating to FTE employees working on eliminated programs. 

See note 8. 

20. The Senate bill, but not the House amendment, requires 

the Secretary to prepare and submit a report updating relevant 

Committees on continued implementation of OIG recommendations 

concerning charter schools. 

HR with an amendment to read as follows: 

SEC. 10203. REPORT ON DEPARTMENT ACTIONS TO ADDRESS OFFICE 

OF THE INSPECTOR GENERAL REPORTS. 

Not later than 6 months after the date of enactment of this 

Act, the Secretary of Education shall prepare and submit 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 to the public via the Department’s website, 

a report containing an update on the Department of Education’s 

implementation of recommendations contained in reports from the 

Office of Inspector General. The review shall include— 

(1) a general review of the department’s work to implement or address findings contained in OIG reports to improve 

monitoring and oversight of federal programs, including (A) the 

March 9, 2010, final management information report of the Office of the Inspector General of the Department of Education, 

addressing oversight by by local educational agencies and authorized public chartering agencies; 

(B) the September 2012 report of the Office of the Inspector General of the Department of Education entitled 

‘The Office of Innovation and Improvement’s Oversight 

and Monitoring of the Charter Schools Program’s Planning 

and Implementation Grants Final Audit Report’; and 

(2) a description of the actions the Department of Education has taken to address the concerns described in outstanding Office of Inspector General audit reports, including 

the reports listed in (1). 

21. The Senate bill, but not the House amendment, provides 

for a GAO study of the current federally funded services and programs across all agencies with the purpose of benefitting children 

and how to best coordinate, organize, and integrate these programs. 

SR with an amendment to insert the following: 

SEC. 9204. STUDY ON THE TITLE I FORMULA. 

(a) FINDINGS.—Congress finds the following: 


smartinez on DSK4TPTVN1PROD with REPORTS
744 

(1) Part A of Title I provides funding to local educational 

agencies through four separate formulas that have been added 

to the law over time, and which have ‘‘distinct allocation patterns, providing varying shares of allocated funds to different 

types of local educational agencies or States,’’ according to a 

2015 report from the Congressional Research Service. 

(2) Minimal effort has been made by the Federal government to determine if the four formulas are adequately delivering funds to local educational agencies with the highest district wide poverty averages. 

(3) The formulas for distributing Targeted Grants and 

Education Finance Incentive grants use two weighting systems, one based on the percentage of children included in the 

determination of grants to local educational agencies (percentage weighting), and another based on the absolute number of 

such children (number weighting). Both weighting systems 

have five quintiles with a roughly equal number of children in 

each quintile. Whichever of these weighting systems results in 

the highest total weighted formula child count for a local educational agency is the weighting system used for that agency 

in the final allocation of Targeted and Education Finance Incentive Grant funds. 

(4) The Congressional Research Service has also said the 

number weighting alternative is generally more favorable to 

large local educational agencies with much larger geographic 

boundaries and larger counts of eligible children than smaller 

local educational agencies with smaller counts, but potentially 

higher percentages, of eligible children, because large local 

educational agencies have many more children in the higher 

weighted quintiles. 

(5) In local educational agencies that are classified by the 

National Center for Education Statistics as ‘‘Large City’’, 47 

percent of all students attend schools with 75 percent or higher 

poverty. 

(b) STUDY.— (1) IN GENERAL.—Not later than 18 months after the date 

of enactment of this Act, the Director of the Institute of Education Sciences shall complete a study on the effectiveness of 

the four existing title I formulas to deliver funds to the most 

economically disadvantaged communities. 

(2) CONTENTS.—Such study shall include— 

(A) an analysis of the distribution of title I funds 

under the four current formulas; 

(B) an analysis of how title I funds are distributed 

among local educational agencies in each of the 12 locale 

types classified by the National Center on Education Statistics. 

(C) the extent to which the four formulas unduly benefit or unduly disadvantage any of the local educational 

agencies described in subparagraph (B); 

(D) the extent to which the four formulas unduly benefit or unduly disadvantage high-poverty eligible school attendance areas in the local educational agencies described 

in subparagraph (B); 


smartinez on DSK4TPTVN1PROD with REPORTS
745 

(E) the extent to which the four formulas unduly benefit or unduly disadvantage lower population local educational agencies with relatively high percentages of districtwide poverty; 

(F) the impact of number weighting and percentage 

weighting in the formulas for distributing Targeted Grants 

and Education Finance Incentive Grants on each of the 

local educational agencies described in subparagraph (B); 

(G) The impact of number weighting and percentage 

weighting on targeting Title I–A funds to eligible school attendance areas with the highest concentrations of poverty 

in local educational agencies described in subparagraph 

(B), and local educational agencies described in subparagraph (B) with higher percentages of districtwide poverty; 

(H) an analysis of other studies and reports produced 

by public and non-public entities examining the distribution of title I funds under the four current formulas; and 

(I) recommendations, as appropriate, for amending or 

consolidating the existing formulas to better target title I 

funds to the most economically disadvantaged communities 

and most economically disadvantaged eligible school attendance areas. 

(3) PUBLIC DISSEMINATION.—The Director of the Institute 

of Education Sciences shall widely disseminate the findings of 

the study conducted under this section— 

(A) in a timely fashion; 

(B) to— 

(i) the public; and 

(ii) the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of 

the Senate; and 

(C) through electronic transfer and other means, such 

as posting to the website of the Institute of Education 

Sciences or the Department of Education. 

22. The Senate bill, but not the House amendment, provides 

for a Sense of Congress that it remains the sense of Congress that 

Jack Johnson should receive a posthumous pardon. 

HR 

23. The Senate bill, but not the House amendment, reauthorizes the Educational Flexibility Partnership Act of 1999. 

HR with an amendment to strike ‘‘(2) Title VII of the 

McKinney-Vento Homeless Assistance Act. (42 U.S.C. 11301 

et seq.).’’ 

24. The Senate bill, but not the House amendment, creates the 

American Dream Accounts program. 

SR 

25. The Senate bill, but not the House amendment, contains a 

provision requiring IES to conduct a study on the impact of state 

plan requirements in Sec. 1111 on reducing the number of students 

who drop out. 

HR 

26. The Senate bill, but not the House amendment, contains a 

study on Native American language education. 


smartinez on DSK4TPTVN1PROD with REPORTS
746 

HR with an amendment to strike and insert the following language after SEC. 6005 in the redesignated Title 

VI: 

(a) DEFINITIONS.—In this section: 

(1) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given such term in 

section 8101 of the Elementary and Secondary Education Act 

of 1965. 

(2) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’ has the meaning given such term in section 

8101 of the Elementary and Secondary Education Act of 1965. 

(3) NATIVE AMERICAN; NATIVE AMERICAN LANGUAGE.—The 

terms ‘‘Native American’’ and ‘‘Native American language’’ 

have the meanings given such terms in section 103 of the Native American Languages Act of 1990 (25 U.S.C. 2902). 

(4) STATE EDUCATIONAL AGENCY.—The term ‘‘State educational agency’’ has the meaning given such term in section 

8101 of the Elementary and Secondary Education Act of 1965. 

(b) STUDY.—By not later than 18 months after the date of enactment of this Act, the Secretary of Education, in collaboration 

with the Secretary of the Interior, shall— 

(1) conduct a study to evaluate all levels of education being 

provided primarily through the medium of Native American 

languages; and 

(2) report on the findings of such study. 

(c) CONSULTATION.—In carrying out the study conducted under 

subsection (b), the Secretary shall consult with— 

(1) institutions of higher education that conduct Native 

American language immersion programs, including teachers of 

such programs; 

(2) State educational agencies and local educational agencies; 

(3) Indian tribes and tribal organizations, as such terms 

are defined by section 4 of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450b) that sponsor Native 

American language immersion schools; and 

(4) experts in the fields of Native American or Alaska Native language and Native American language medium education, including scholars who are fluent in Native American 

languages. 

(d) SCOPE OF STUDY.—The study conducted under subsection 

(b) shall evaluate the components, policies, and practices of successful Native American language immersion schools and programs, including— 

(1) the level of expertise in educational pedagogy, Native 

American language fluency, and experience of the principal, 

teachers, paraprofessionals, and other educational staff; 

(2) how such schools and programs are using Native American languages to provide instruction in reading, language arts, 

mathematics, science, and, as applicable, other academic subjects; 

(3) how such schools and programs assess the academic 

proficiency of the students, including— 


smartinez on DSK4TPTVN1PROD with REPORTS
747 

(A) whether the school administers assessments of language arts, mathematics, science, and other academic subjects in the Native American language of instruction; 

(B) whether the school administers assessments of language arts, mathematics, science, and other academic subjects in English; and 

(C) how the standards measured by the assessments 

in the Native American language of instruction and in 

English compare; and 

(4) the academic outcomes, graduation rate, and other outcomes of students who have completed the highest grade 

taught primarily through such schools or programs, including, 

when available, college attendance rates compared with demographically similar students who did not attend a school in 

which the language of instruction was a Native American language. 

(e) RECOMMENDATIONS.—Not later than 18 months after the 

date of enactment of this Act, the Secretary of Education, in collaboration with the Secretary of the Interior, shall— 

(1) develop a report that includes findings and conclusions 

regarding the study conducted under subsection (b), including 

recommendations for such legislative and administrative actions as the Secretary of Education considers to be appropriate; 

(2) consult with the entities described in subsection (c) in 

reviewing such findings and conclusions; and 

(3) submit the report described in paragraph (1) to each of 

the following: 

(A) The Committee on Health, Education, Labor, and 

Pensions of the Senate. 

(B) The Committee on Education and the Workforce of 

the House of Representatives. 

(C) The Committee on Indian Affairs of the Senate. 

(D) The Subcommittee on Indian, Insular and Alaska 

Native Affairs of the House of Representatives. 

JOHN KLINE, 

VIRGINIA FOXX, 

DAVID P. ROE, 

GLENN THOMPSON, 

BRETT GUTHRIE, 

TODD ROKITA, 

LUKE MESSER, 

GLENN GROTHMAN, 

STEVE RUSSELL, 

CARLOS CURBELO, 

ROBERT C. ‘‘BOBBY’’ SCOTT, 

SUSAN A. DAVIS, 

MARCIA L. FUDGE, 

JARED POLIS, 

FREDERICA S. WILSON, 

SUZANNE BONAMICI, 

KATHERINE M. CLARK, 

Managers on the Part of the House. 


smartinez on DSK4TPTVN1PROD with REPORTS
748 

LAMAR ALEXANDER, MICHAEL B. ENZI, RICHARD BURR, JOHNNY ISAKSON, SUSAN M. COLLINS, LISA MURKOWSKI, MARK KIRK, TIM SCOTT, ORRIN HATCH, PAT ROBERTS, BILL CASSIDY, PATTY MURRAY, 

BARBARA A. MIKULSKI, 

BERNARD SANDERS, 

ROBERT P. CASEY, Jr., 

AL FRANKEN, 

MICHAEL F. BENNET, 

SHELDON WHITEHOUSE, TAMMY BALDWIN, 

CHRISTOPHER MURPHY, 

ELIZABETH WARREN, Managers on the Part of the Senate. 

Æ 


smartinez on DSK4TPTVN1PROD with REPORTS