```

[Senate Report 114-231]
[From the U.S. Government Publishing Office]

114th Congress     }                                     {       Report      
                                   SENATE
   2d Session      }                                     {      114-231          
 ______________________________________________________________________

                                     

                                                                       

                    EVERY CHILD ACHIEVES ACT OF 2015

                               ----------                              

                              R E P O R T

                                 of the

                    COMMITTEE ON HEALTH, EDUCATION,
                          LABOR, AND PENSIONS
                          UNITED STATES SENATE

                             together with

                            ADDITIONAL VIEWS

                              to accompany

                                S. 1177

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                 March 17, 2016.--Ordered to be printed

114th Congress     }                                     {       Report      
                                   SENATE
   2d Session      }                                     {      114-231          
 ______________________________________________________________________

                                     

                                                                       

                    EVERY CHILD ACHIEVES ACT OF 2015

                               ----------                              

                              R E P O R T

                                 of the

                    COMMITTEE ON HEALTH, EDUCATION,
                          LABOR, AND PENSIONS
                          UNITED STATES SENATE

                             together with

                            ADDITIONAL VIEWS

                              to accompany

                                S. 1177

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                 March 17, 2016.--Ordered to be printed
                                 
                                  
                                  ________
                                  
                                  
                         U.S. GOVERNMENT PUBLISHING OFFICE 

99-480                         WASHINGTON : 2016 

                                     

                                                                       

                                                                       

114th Congress     }                                     {      Report      
                                   SENATE
   2d Session      }                                     {      114-231          
======================================================================

 
                    EVERY CHILD ACHIEVES ACT OF 2015

                                _______
                                

                 March 17, 2016.--Ordered to be printed

                                _______
                                

  Mr. Alexander, from the Committee on Health, Education, Labor, and 
                   Pensions, submitted the following

                                 REPORT

                             together with

                            ADDITIONAL VIEWS

                         [To accompany S. 1177]

    The Committee on Health, Education, Labor, and Pensions, 
reported an original bill (S. 1177) to reauthorize the 
Elementary and Secondary Education Act of 1965 to ensure that 
every child achieves, having considered the same, reports 
favorably thereon and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose, need for legislation, and goals of reauthorization......1
 II. Legislative history and committee action.........................6
III. Explanation of bill and committee views.........................14
 IV. Regulatory impact statement.....................................55
  V. Application of law to the legislative branch....................55
 VI. Cost estimate...................................................56
VII. Section-by-section analysis.....................................63
VIII.Additional views................................................93

 IX. Changes in existing law.........................................97

     I. Purpose, Need for Legislation, and Goals of Reauthorization

    The Every Child Achieves Act of 2015 (ECAA) is a 
comprehensive reauthorization of the Elementary and Secondary 
Education Act of 1965 (ESEA) that reflects bipartisan consensus 
among members of the committee on necessary improvements to the 
law, as most recently reauthorized by the No Child Left Behind 
Act of 2001 (NCLB). Its purpose is to enable States and local 
communities to improve and support our Nation's public schools 
and to ensure that every child has an opportunity to achieve, 
including categories of historically disadvantaged students, 
such as low-income students, students of color, students with 
disabilities, and English learners. It continues the law's 
important measurements of academic progress of all students and 
disaggregation of data by these categories of students, but 
restores to States, school districts, classroom teachers, and 
parents the responsibility for making important decisions about 
how to raise academic standards, improve the quality of 
assessments, evaluate and reward educators, identify and 
improve low-performing schools, and ultimately improve student 
achievement.
    ECAA builds on the more than 30 years of work by States and 
local school districts to reform our Nation's public schools, 
while also fixing a law that is more than 7 years overdue for 
reauthorization. In 2001, Republicans and Democrats in Congress 
and President George W. Bush worked together to reauthorize 
ESEA by passing NCLB. This was a major expansion of Federal 
involvement in State and local accountability for public school 
systems and individual public schools. The purpose of NCLB was 
``to ensure that all children have a fair, equal, and 
significant opportunity to obtain a high-quality education and 
reach, at a minimum, proficiency on challenging State academic 
achievement standards and State academic assessments.'' The law 
responded to concerns that our schools were not adequately 
preparing our young people for the future, that many poor and 
minority students were being ignored, and that billions of 
American taxpayer dollars were not producing significant 
results. The law focused on narrowing the persistent 
achievement gaps in schools. While well-intentioned, the rigid 
structure of NCLB's provisions, in particular its one-size-
fits-all federally mandated system of accountability and 
requirements for school improvement, have become unworkable in 
the Nation's schools.
    NCLB produced some positive results. The law helped create 
an environment in which many States have put in place 
challenging standards in reading and math and are conducting 
annual tests aligned with those standards. All States are 
participating in the National Assessment of Educational 
Progress--``the Nation's report card''--providing a reliable 
audit of the rigor of States' standards and tests. States, 
local districts, and schools are now reporting annually on 
student achievement overall and for each subgroup of students 
based on race, ethnicity, family income, English proficiency, 
and disability status. This data has enabled parents, State 
legislators, and Governors to better identify struggling 
schools and populations and hold their districts, schools, 
principals, and teachers accountable. It also provided parents 
with meaningful information about school performance and 
empowered them to choose a new school option for their child, 
which spurred the growth of a diversity of school options, 
including charter schools.
    There is evidence of increases in student academic 
achievement and the narrowing of achievement gaps since NCLB, 
continuing a trend that started in the mid-1990s. Furthermore, 
thanks in part to a uniform definition of high school 
graduation, successful interventions like credit recovery, and 
an increased focus on college attendance, there have been 
increases in high school graduation rates.
    Unfortunately, NCLB contained too many inflexible 
requirements for States and school districts, including the 
arbitrary deadline that 100 percent of students would be 
proficient by the year 2014. The law also created a complicated 
system for deciding whether schools were succeeding or failing 
based primarily on the results of annual assessments, which did 
not provide a full or accurate picture of school quality and 
success. NCLB also prescribed a series of sanctions for schools 
missing annual performance targets, and a requirement that each 
of our Nation's 3.2 million teachers in core academic subjects 
meet a Federal definition of ``highly qualified'' by 2007-8. 
While accountability systems and effective interventions in 
struggling schools, can be a successful method of improving 
student achievement, the one-size-fits-all nature of these 
mandates did not provide States with the flexibility necessary 
to innovate and create sustainable improvements in their 
education systems.
    The goal of NCLB was laudable: All 50 million students in 
nearly 100,000 public schools were to be proficient or higher 
in reading and math, as measured by annual State assessments, 
by the end of the 2013-14 school-year. While NCLB armed parents 
and policymakers with better data on which to base their 
decisions, its inflexible mandates and unrealistic goals too 
often hamstrung the ability of State and local policymakers to 
make the right decisions for their schools and communities. In 
March 2011, U.S. Secretary of Education Arne Duncan testified 
to the House Committee on Education and the Workforce that:

          ``By mandating and prescribing one-size-fits-all 
        solutions, NCLB took away the ability of local and 
        State educators to tailor solutions to the unique needs 
        of their students--and that is fundamentally flawed.''

    Despite bipartisan agreement on the problems and need to 
fix NCLB, Congress has not yet produced bipartisan solutions to 
overhaul the law.
    The failure of Congress to fix NCLB since it expired 
resulted in the Secretary of Education granting waivers to 43 
States, the District of Columbia, and Puerto Rico from many of 
the unworkable requirements since 2011. In exchange for the 
waivers, the Secretary has placed conditions on States related 
to standards, assessments, accountability and teacher 
evaluation not otherwise required in the law that Congress 
wrote. The combination of Congress' failure to reauthorize ESEA 
and fix NCLB and the Secretary's use of Federal competitive 
grants and waiver authority has produced a concerning backlash 
against reforms that were intended and often developed by 
States and local school districts themselves to improve 
academic achievement for our Nation's most at-risk children.
    The committee intends the ECAA to update and improve upon 
major provisions of ESEA and eliminate the need for waivers 
from the unworkable provisions of NCLB by returning more 
authority to States and local communities over how to evaluate, 
improve, and support our more than 100,000 public schools and 
3.4 million teachers. The bill builds on the strengths and 
weaknesses of previous and unsuccessful legislative proposals 
considered by this committee over the past 6 years. In 
particular, it includes bipartisan consensus to provide more 
flexibility and certainty to policymakers and educators around 
the country that are closest to our children, while maintaining 
the important focus on serving disadvantaged children and 
closing persistent achievement gaps.
    The ECAA ends the rigid one-size-fits-all approach to 
designing State accountability systems primarily focused on 
standardized tests. Instead, ECAA recognizes that States, 
working with school districts, teachers, and others, have the 
responsibility for creating accountability systems to ensure 
all students are learning and prepared for success. These 
accountability systems will be State-
designed, but must meet minimum Federal parameters, including 
establishing rigorous academic achievement goals for all 
students, ensuring all students and each individual subgroup of 
students are included in the accountability system, 
disaggregating student achievement data, establishing 
challenging academic achievement standards for all students, 
focusing on academic results in accountability systems and 
identifying and intervening in low-performing schools.
    The ECAA continues to require that States annually test all 
students in reading and math in grades 3 through 8 and once in 
high school, as well as test all students in science once in 
grades 3-5, 6-9, and 10-12. These important measures of student 
achievement ensure that parents know how their children are 
performing and help teachers support students who are 
struggling to meet State standards. The bill further maintains 
the requirement on annual reporting of academic achievement for 
disaggregated data of groups of children, which provides 
valuable information about whether all students are achieving, 
including low-income students, students of color, students with 
disabilities, and English learners.
    The ECAA requires States to include these tests in their 
State-designed accountability systems, but leaves it to States 
to determine the appropriate weight of those tests within their 
systems. States will also be required to include high school 
graduation rates, a statewide academic indicator for elementary 
and middles schools, another statewide indicator of school 
quality or student supports, and English proficiency for 
English learners. States will also be provided flexibility to 
include other measures of school performance and quality in 
their accountability systems in order to provide teachers, 
parents, and other stakeholders with a more accurate 
determination of school performance. ECAA does require that 
tests, high school graduation rates, and the statewide academic 
indicator at the elementary and middle school level are 
substantial factors in State-designed accountability systems 
and requires States to publicly report on the weights assigned 
to those indicators. States are also given additional 
flexibility to pilot innovative assessment systems in school 
districts across the State.
    The ECAA maintains Federal grants to States and school 
districts to help implement State and locally designed school 
intervention and support strategies. School districts will be 
responsible for designing evidence-based interventions and 
supports for low performing schools, with technical assistance 
from the States, and the Federal Government is prohibited from 
mandating, prescribing, or defining the specific strategies 
used for school intervention and support. The bill requires 
that States monitor interventions and supports that are 
implemented by school districts and take steps to further 
assist school districts if their interventions are not 
effective.
    The ECAA reaffirms the role of States in determining 
academic achievement and content standards by affirming that 
States decide what academic standards they will adopt in 
reading, math and science, as well as any other subjects, 
without interference from the Federal Government. The Federal 
Government may not mandate or incentivize States to adopt or 
maintain any particular set of standards, including the Common 
Core State Standards. States will be free to decide what 
academic standards they will maintain in their States. The bill 
further prohibits the Federal Government from requiring States 
to submit their standards for review or approval.
    Recognizing that funding and programmatic priorities have 
changed since the last reauthorization, the ECAA consolidates 
49 programs authorized by NCLB or funded by subsequent 
appropriations bills. However, it reauthorizes dedicated 
funding streams for many important programs that have broad 
bipartisan support, including to support teachers and school 
leaders, English learners, Science, Technology, Engineering, 
and Mathematics (STEM), and 21st Century Community Learning 
Centers, and authorizes programs to support innovation, early 
childhood education, and safe and healthy students. The bill 
also maintains important fiscal protections of Federal dollars, 
including maintenance of effort requirements, which help ensure 
that Federal dollars supplement State and local education 
dollars, while providing additional flexibility for school 
districts when extenuating circumstances prevent them from 
meeting those requirements.
    The committee recognizes the need for better and more 
complete information about school quality and performance so 
that parents, teachers, school leaders, and others interested 
in supporting improvements in our public schools can make more 
informed and complete decisions about schools their students 
attend. ECAA contains provisions designed to ensure the public 
is equipped with the tools they need in order to monitor 
performance of their local schools and take necessary steps to 
help those schools improve. In particular, ECAA requires States 
to report on factors related to the distribution of funding and 
resources within the State and local school districts, school 
discipline, per-pupil expenditures, and teacher quality. ECAA 
also requires that State report cards contain important 
information about State accountability systems, including the 
percentage of students not meeting annual State goals. The 
additional transparency will spur needed action to remedy 
persistent inequities in resources and academic outcomes.
    The ECAA recognizes the role of Federal assistance for 
States and school districts to support teachers, principals, 
and other school leaders, while also ending Federal mandates 
around teacher qualifications and evaluation systems. 
Therefore, the bill provides targeted funding to States and 
school districts to implement activities to support teachers, 
principals, and other educators, and includes allowable uses of 
funds for high quality induction programs for new teachers, 
ongoing rigorous professional development opportunities for 
teachers, and programs to recruit new educators to the 
profession. The bill allows, but does not require, States to 
develop and implement teacher and principal evaluation systems. 
It also eliminates the definition of a highly qualified 
teacher--which has proven onerous to States and school 
districts--and provides States with the opportunity to define 
this term.
    The bill affirms State responsibility for supporting the 
coordination and implementation of high-quality programs and 
initiatives, including to identify and eliminate barriers to 
the coordination and integration of programs, initiatives, and 
funding streams, and provide technical assistance and training 
in order to disseminate best practices, so that school 
districts can better meet the needs of their students and 
foster a positive school climate.
    The ECAA preserves the original congressional intent of the 
waiver authority granted to the Secretary under Title IX of the 
Elementary and Secondary Education Act. The Secretary is 
authorized to waive portions of the law that stifle State and 
local innovation, but that authority is limited. The bill 
specifies that States and local districts may submit waiver 
applications that will enable them to improve student academic 
achievement. The Secretary may not use the waiver authority to 
dictate or condition approval on State or local adoption of any 
other conditions not already specified in the law. Furthermore, 
while local school districts may individually or collectively 
apply for waivers with the support of their State, the 
Secretary is prohibited from circumventing the legal authority 
of States and their Governors when granting waiver requests.
    The bill contains several specific provisions that are 
designed to protect State and local control of education, while 
ensuring that the U.S. Department of Education maintains the 
ability to enforce compliance with the law and monitor 
implementation by States and local school districts in order to 
protect the substantial investment of taxpayers' funds under 
the Act.
    The ECAA reflects a bipartisan consensus centered on 
maintaining the important measurements and reporting on the 
academic progress of students and subgroups of students from 
NCLB, while restoring to States, school districts, educators, 
and parents the responsibility for deciding how to raise 
student achievement, better support teachers and principals, 
and improve our Nation's schools.

              II. Legislative History and Committee Action

             PREVIOUS REAUTHORIZATION EFFORTS AND HEARINGS

    During the 110th Congress, the Health, Education, Labor, 
and Pensions Committee, led by Chairman Edward Kennedy and 
Ranking Member Mike Enzi, held five hearings examining ESEA 
reauthorization issues.
    During the 112th Congress, the committee, under the 
leadership of Chairman Tom Harkin and Ranking Member Mike Enzi, 
considered the Elementary and Secondary Education 
Reauthorization Act (S.3578). In preparation for consideration 
of S.3578, the committee held 11 hearings addressing ESEA 
issues in the 111th Congress. On October 20, 2011, after a 2-
day executive session to markup the bill, S.3578 was adopted by 
a roll call vote of 15 ayes and 7 nays. The bill was reported 
out of committee on September 20, 2012. The bill was not 
brought to the Senate floor and died with the conclusion of the 
112th Congress.
    After S.3578 was adopted by the committee, six additional 
hearings were held during the 112th Congress, which addressed 
broad bipartisan views on S.3578, as well as specific issues 
such as education technology, accelerated learning, and 
bullying in schools.
    During the 113th Congress, the committee held two hearings 
that focused on the early lessons from NCLB waivers and the 
role of education technology.
    On June 4, 2013, the Strengthening America's Schools Act 
was noticed for markup and a draft was circulated to the 
committee. This bill was sponsored by Chairman Harkin and 
cosponsored by the 11 Democratic members of the committee, but 
was not the product of bipartisan negotiations. On June 11 and 
12, 2013, the committee met in executive session to consider 
the bill. Forty amendments were filed with the committee. The 
committee took action on 23 amendments, adopting 10 of them and 
rejecting the remaining 13. One amendment was withdrawn. The 
bill, as amended, was adopted by a roll call vote of 12 ayes to 
10 nays on June 12, 2013. The bill was reported out of 
committee on October 11, 2013. The bill was not brought to the 
Senate floor and died with the conclusion of the 113th 
Congress.

                     HEARINGS IN THE 114TH CONGRESS

    During the 114th Congress, under the leadership of Chairman 
Alexander and Ranking Member Murray, the committee renewed 
negotiations toward reaching a bipartisan consensus agreement 
on ESEA reauthorization. In preparation for and as part of 
bipartisan discussions with committee members, the committee 
held three hearings addressing specific ESEA issues related to 
testing and accountability, teachers and school leaders, and 
State and local innovation. A brief description of each 
hearing, including witnesses, follows.
Fixing No Child Left Behind: Testing and Accountability (January 21, 
        2015)
    This hearing examined the issue of student assessments in 
elementary and secondary schools and the impacts, benefits, and 
the appropriate use of those assessments for holding schools 
and teachers accountable for student achievement. Title I-A of 
NCLB required all States, as a condition of receiving title I-A 
funds, to test all public school students annually in reading/
language arts and math in each of grades 3 through 8 and once 
in grades 10-12. Beginning with the 2007-8 school year, States 
were also required to administer science assessments at least 
once in each of three grade level ranges (3-5, 6-9, and 10-12). 
The hearing examined the impact of these requirements. The 
hearing panel was composed of six witnesses, including:

     Dr. Martin West, an Associate Professor of 
Education at the Harvard Graduate School of Education and 
Deputy Director of the Program on Education Policy and 
Governance at the Harvard Kennedy School. Dr. West testified 
about the importance of the mandated assessments under NCLB in 
providing detailed information about student and student 
subgroup performance and recommended that any reauthorization 
of ESEA maintain current annual testing requirements while 
restoring the design of accountability systems to States.
     Mr. Paul Leather, the New Hampshire Deputy 
Commissioner discussed his State's work around a ``next 
generation'' of assessments, beyond the usual end-of-year 
testing, while recommending that the law should be flexible to 
enable local leaders to build buy-in for a new system of 
assessments from the ground up, explaining to communities that 
local creativity and collaboration will yield stronger and more 
effective assessments and accountability systems.
     Mr. Tom Boasberg, the Superintendent of Denver 
Public Schools (Denver, CO) testified that annual measures of 
student progress in literacy and math are important, but that 
all tests, including additional tests required by States and 
local educational agencies, needs to be fewer in number and 
shorter in time, while continuing to allow students' growth to 
be measured to see what's working best in schools.
     Mr. Wade Henderson, the chief executive officer of 
Leadership Conference on Civil and Human Rights and The 
Leadership Conference Education Fund testified on behalf of the 
Civil Rights community and spoke in favor of maintaining the 
current Federal testing requirements on States.
     Ms. Jia Lee, a 4th and 5th grade special education 
teacher at The Earth School (New York, NY) discussed how high 
stakes testing in public schools are driving teachers to leave 
the profession, had disastrous effects on collaboration, 
problem solving, and innovation, has been unreliable in 
determining student learning and teacher performance, and has 
narrowed curriculum and drained valuable resources.
     Mr. Stephen Lazar, a social studies and English 
teacher at the Harvest Collegiate High School (New York, NY) 
discussed how too many schools are designed to get students to 
perform well on a one-time test and recommended that the law 
move away from the ``test becoming the curriculum'' model and 
allow for more education decisions to be made by those who are 
closest to the students.
Fixing No Child Left Behind: Supporting Teachers and School Leaders 
        (January 27, 2015)
    This hearing focused on State and local efforts to support 
teachers, principals, and other school leaders, including the 
Federal Government's role in this important work under ESEA. In 
particular, this hearing explored the benefits and limitations 
of teacher, principal, and school leader evaluation systems, 
efforts to improve professional development, and other 
innovative ideas to reform the educator profession. One of the 
major objectives of the NCLB was to ensure all students have 
access to high-quality teachers. NCLB required States, as a 
condition of accepting Federal education funds, to ensure all 
public school teachers teaching core academic subjects in 
schools receiving title I assistance were ``highly qualified.'' 
In addition, through part A of title II, also known as the 
Teacher and Principal Training and Recruitment Fund, the law 
provides formula grants to States and school districts to 
support a broad array of activities designed to improve the 
quality of elementary and secondary school teachers and 
principals, as well as increase the number of ``highly 
qualified teachers'' in the classroom. The hearing panel was 
composed of five witnesses, including:
     Dr. Dan Goldhaber, from the American Institutes 
for Research and the University of Washington, discussed the 
research behind professional development and teacher 
evaluations, while highlighting how the Federal Government can 
incentivize, not mandate, States and localities to innovate 
through competitive grant programs, such as the Teacher 
Incentive Fund, that can improve the teacher pipeline.
     Dr. Terry Holliday, the Commissioner of Education 
for the Commonwealth of Kentucky discussed how State education 
leaders do not need approval or mandates from the U.S. 
Department of Education in order to improve education in their 
State, while describing how State-led efforts can best ensure 
all students are being taught by effective educators, including 
through the development of educator evaluation systems that 
must be implemented on a timeline that meets the needs of local 
communities.
     Mr. Saul Hinojosa, the Superintendent of the 
Somerset Independent School District (Somerset, TX) described 
how his district used competitive grant funds from the Teacher 
Incentive Fund to implement performance-based teacher and 
principal compensation systems based on a robust evaluation 
system that produced substantial improvements in teaching and 
learning. He highlighted how his locally designed evaluation 
system allowed for the creation of new teacher leadership 
roles, a school-based professional development system, an 
accurate evaluation of teacher effectiveness, and additional 
compensation for high performing teachers.
     Ms. Rachelle Moore, a first grade teacher at 
Madrona K-8 school (Seattle, WA), described her experiences as 
a mentor teacher in the Seattle Teacher Residency Program, 
including retention issues in high-need schools and the need to 
support and mentor new teachers in high-need areas, and 
recommended increased Federal investments in teacher induction, 
professional growth, and teacher leadership programs and 
activities.
     Dr. Christine Handy-Collins, the principal of 
Gaithersburg High School (Gaithersburg, MD) discussed her 
observations from more than 16 years of experience related to 
school leader development, including the lack of current 
resources being devoted to improving school leadership, and 
recommended that a stronger emphasis be placed on quality 
principal preparation programs in Federal law.
Fixing No Child Left Behind: Innovation to Better Meet the Needs of 
        Students (February 3, 2015)
    This hearing was a roundtable with seven witnesses. The 
roundtable discussion examined various State and local 
innovation in schools, including innovative ideas to reform the 
student learning experience, educator profession, and school 
leader models that increase student achievement and close the 
gaps between high and low performing students, as well as the 
Federal Government's role in this important work under ESEA. 
The witnesses included:

     Dr. Robert Balfanz, a research professor at Johns 
Hopkins University (Baltimore, MD), discussed how the high 
school dropout rate across the Nation has decreased due to 
local innovation being paired with various Federal efforts 
focused on high schools, and argued for how direct Federal 
support for high school reform and innovation have fostered a 
needed increase in focus on how to improve local education 
systems.
     Mr. Ken Bradford, the assistant superintendent for 
the Louisiana Department of Education, discussed how his 
State's focus on career and technical education, as well as a 
program that allows Louisiana students and families to take 
hundreds of free online or face-to-face courses that are not 
traditionally offered in the school system has increase 
educational outcomes, particularly in rural areas.
     Mr. Josh Davis, an employee of Delta Health 
Alliance (Indianola, MS), highlighted the ongoing wrap-around 
services work in his local area with the support of a Federal 
Promise Neighborhoods grant, which has enabled the better 
coordination of a continuum of academic, family, and community 
resources, whereby unique program performance measures and 
relevant data are frequently monitored and analyzed to make 
corrective decisions collectively.
     Ms. Katie Duffy, chief executive officer of 
Democracy Prep Public Schools (New York, NY) discussed 
Democracy Prep's civic education model as a charter to charter 
turnaround network, while advocating for more local control and 
flexibility, combined with transparency, data reporting 
clarity, and necessary accountability for teachers and school 
leaders who fail to perform for students.
     Dr. Susan Kessler, the principal of Hunters Lane 
High School (Nashville, TN) discussed innovative work in her 
school district on improving school climate as a method of 
raising student achievement, while advocating for Federal law 
to include incentives that allow schools to focus on the 
``whole child,'' expanding early educational opportunities, and 
including mental health support offered in school districts.
     Dr. James McIntyre, Jr., the superintendent of 
Knox County Schools (Knoxville, TN), discussed his district's 
use of classroom technology, teacher professional development 
and supports through the TAP system, and community partnerships 
to inform career cluster academies. He advocated for increased 
flexibility under Federal law and a proposal for State 
``earned-autonomy'' that would allow for State-created and -led 
accountability systems.
     Ms. Henriette Taylor, an elementary school 
Community School Coordinator (Baltimore, MD), discussed her 
work as a Federal Promise Neighborhoods grantee that has used a 
community school model to address attendance, school climate, 
and parent engagement. She advocated for maintaining dedicated 
funding for the Promise Neighborhoods and Full-Service 
Community Schools programs.

                        COMMITTEE CONSIDERATION

    On April 7, 2015, the bipartisan Every Child Achieves Act 
(ECAA) of 2015 was noticed for markup and a draft was 
circulated to the committee. On April 12, 2015, an amendment to 
the noticed bill, in the nature of a substitute, was circulated 
to the committee. On April 14, 15, and 16, 2015, the committee 
met in executive session to consider the bill. Eighty-eight 
amendments were filed with the committee. The committee took 
action on 37 amendments, adopting 29 of them and rejecting the 
remaining 8. Twenty-one amendments were withdrawn. The bill, as 
amended, was adopted by a roll call vote of 22 ayes to 0 nays 
on April 16, 2015.
Amendments Voted On During Executive Session
    1. Senator Alexander offered a manager's amendment in the 
nature of a substitute to the Every Child Achieves Act of 2015. 
The amendment was adopted by unanimous consent.
    2. Senators Baldwin and Cassidy offered an amendment to 
part B of title I to provide grants to States for enhanced 
assessment instruments and audits of assessment systems. The 
amendment was adopted by a roll call vote of 22 ayes to 0 nays.
    3. Senators Collins and Sanders offered an amendment to 
improve the innovative assessment and accountability 
demonstration authority under the bill. The amendment was 
adopted by a roll call vote of 22 ayes to 0 nays.
    4. Senators Franken, Kirk, and Murray offered an amendment 
to allow States to use computer adaptive assessments under 
title I. The amendment was adopted by voice vote.
    5. Senator Isakson offered an amendment to provide for a 
rule of construction that ensures parent and guardian rights 
with regards to student participation in State assessments. The 
amendment was adopted by voice vote.
    6. Senator Baldwin offered an amendment to require the 
reporting of the number and percentage of students attaining 
career and technical proficiencies on the State, local 
educational agency, and school report cards required under 
title I. The amendment was adopted by voice vote.
    7. Senator Bennet offered an amendment to improve data 
collection methods and systems under title I. The amendment was 
adopted by voice vote.
    8. Senator Warren offered an amendment to amend title I 
relating to measures of effectiveness. The amendment was 
defeated by a roll call vote of 10 ayes to 12 nays.
    9. Senator Warren offered an amendment to amend section 
1113(c) regarding schoolwide programs. The amendment was 
defeated by a roll call vote of 10 ayes to 12 nays.
    10. Senator Murray offered an amendment to require States 
to report and disaggregate data on the academic achievement of 
military-connected students under title I. The amendment was 
adopted by a roll call vote of 15 ayes to 7 nays.
    11. Senator Murphy offered an amendment to require States 
to describe how the State educational agency will protect each 
student from physical or mental abuse in school in their State 
Plans under title I. The amendment was adopted by a roll call 
vote of 12 ayes to 10 nays.
    12. Senator Mikulski offered an amendment to include the 
Jacob K. Javits Gifted and Talented Students Education Act of 
2015 under title II. The amendment was adopted by voice vote.
    13. Senators Casey and Collins offered an amendment to 
include Ready-to-Learn Television program in title II. The 
amendment was adopted by voice vote.
    14. Senators Franken, Kirk, and Murray offered an amendment 
to amend title II in order to improve student academic 
achievement in science, technology, engineering, and 
mathematics subjects. The amendment was adopted by a roll call 
vote of 12 ayes to 10 nays.
    15. Senator Bennet offered an amendment to amend title II 
relating to teacher leadership. The amendment was adopted by 
voice vote.
    16. Senator Baldwin offered an amendment to amend title II 
regarding workforce critical subjects. The amendment was 
defeated by a roll call vote of 10 ayes to 12 nays.
    17. Senators Franken and Cassidy offered an amendment to 
support accelerated learning programs. The amendment was 
adopted by voice vote.
    18. Senator Cassidy offered an amendment to allow States 
and local educational agencies to use funding under part A of 
title II to train teachers, principals, and other school 
leaders on understanding and identifying the early indicators 
of students with dyslexia and other specific learning 
disabilities and to conduct early evaluation and interventions 
for students with dyslexia and other specific learning 
disabilities. The amendment was defeated by a roll call vote of 
10 ayes to 12 nays.
    19. Senator Murkowski offered an amendment to amend title 
IV regarding 21st century community learning centers. The 
amendment was adopted by voice vote.
    20. Senator Murray offered an amendment to authorize 
Project SERV under title IV. The amendment was adopted by voice 
vote.
    21. Senator Baldwin offered an amendment to amend title IV 
to provide grants and contracts to local educational agencies 
and community-based organizations to initiate, expand, and 
improve physical educational programs. The amendment was 
adopted by voice vote.
    22. Senator Bennet offered an amendment to amend title IV 
relating to financial literacy and Federal financial aid 
awareness efforts. The amendment was adopted by voice vote.
    23. Senators Bennet and Collins offered an amendment to 
provide for education innovation and research under title V. 
The amendment was adopted by voice vote.
    24. Senator Bennet offered an amendment to support rural 
local educational agencies. The amendment was adopted by voice 
vote.
    25. Senator Casey offered an amendment to reduce school 
discipline issues. The amendment was adopted by voice vote.
    26. Senators Whitehouse and Collins offered an amendment to 
amend title V in order to establish a program for literacy and 
arts education. The amendment was adopted by voice vote.
    27. Senators Franken and Murkowski offered an amendment to 
amend title VII regarding Native American language schools and 
programs. The amendment was adopted by voice vote.
    28. Senator Franken offered an amendment to amend title IV 
regarding elementary school and secondary school counseling 
programs. The amendment was adopted by a roll call vote of 13 
ayes to 8 nays.
    29. Senator Bennet offered an amendment to establish a 
weighted student funding flexibility pilot program. The 
amendment was adopted by voice vote.
    30. Senator Casey offered an amendment to amend title IV to 
increase access to a well-rounded education. The amendment was 
defeated by a roll call vote of 10 ayes to 11 nays.
    31. Senator Cassidy offered an amendment to amend part D of 
title II to ensure that children with dyslexia and other 
specific learning disabilities have the resources and supports 
they need to academically succeed. The amendment was defeated 
by a roll call vote of 8 ayes to 14 nays.
    32. Senators Murray and Isakson offered an amendment to 
authorize early learning alignment and improvement grants. The 
amendment was adopted by voice vote.
    33. Senators Baldwin and Hatch offered an amendment to 
award grants to encourage State educational agencies, local 
educational agencies, and schools to utilize technology to 
improve student achievement and college and career readiness, 
the skills of teachers and school leaders, and the efficiency 
and productivity of education systems at all levels. The 
amendment was adopted by voice vote.
    34. Senator Burr offered an amendment to better target 
scarce Federal dollars for teachers and school leaders in our 
Nation's neediest schools. The amendment was adopted by voice 
vote.
    35. Senator Casey offered an amendment to restore an 
adjusted hold harmless provision for the formula grants under 
part A of title II. The amendment was adopted by a roll call 
vote of 13 ayes to 9 nays.
    36. Senator Burr offered an amendment to restore an 
adjusted hold harmless provision for formula grants under part 
A of title II. The amendment was adopted by a roll call vote of 
12 ayes to 10 nays.
    37. Senator Cassidy offered an amendment to title V to 
provide for an exemption from use of a weighted lottery for 
schools that specialize in a learning disability and use an 
evidence-based curriculum specific to such learning disability. 
The amendment was defeated by a roll call vote of 5 ayes to 17 
nays.
    38. Senator Murphy offered an amendment to enhance 
continuum of services. The amendment was defeated by a roll 
call vote of 10 ayes to 12 nays.
Amendments Offered and Subsequently Withdrawn
    1. Senator Scott offered and then withdrew an amendment to 
expand opportunity by allowing title I funds to follow low-
income children.
    2. Senator Whitehouse offered and then withdrew an 
amendment to amend title I in order to provide grants to States 
to ensure that all students in the middle grades are taught an 
academically rigorous curriculum with effective supports so 
that students complete the middle grades prepared for success 
in secondary school and post-secondary endeavors, to improve 
State and district policies and programs relating to the 
academic achievement of students in the middle grades, to 
develop and implement effective middle grades models for 
struggling students, and for other purposes.
    3. Senator Baldwin offered and then withdrew an amendment 
to amend title I relating to State resource equity.
    4. Senator Bennet offered and then withdrew an amendment to 
amend the school identification, interventions, and supports.
    5. Senator Isakson offered and then withdrew an amendment 
to strike the 1 percent maximum on the number of students 
assessed using alternate assessments.
    6. Senator Murphy offered and then withdrew an amendment to 
amend title I relating to intervention and support strategies, 
and for other purposes.
    7. Senator Franken offered and then withdrew an amendment 
to assure educational stability for children in foster care.
    8. Senator Baldwin offered and then withdrew an amendment 
to increase the number and percentage of students who graduate 
from high school college and career ready with the ability to 
use knowledge to solve complex problems, think critically, 
communicate effectively, collaborate with others, and develop 
academic mindsets, and for other purposes.
    9. Senator Bennet offered and then withdrew an amendment to 
amend title I regarding comparability of services.
    10. Senator Warren offered and then withdrew an amendment 
to amend the State report card requirements under section 
1111(d) to allow for cross-tabulation.
    11. Senator Murphy offered and then withdrew an amendment 
to improve early childhood educator compensation.
    12. Senator Bennet offered and then withdrew an amendment 
to amend section 1111(b) regarding measuring student academic 
growth.
    13. Senator Warren offered and then withdrew an amendment 
to section 1114 to ensure that schools with low graduation 
rates are identified as in need of intervention and support.
    14. Senator Warren offered and then withdrew an amendment 
to title I relating to the goals of the State accountability 
system.
    15. Senator Casey offered and then withdrew an amendment to 
ensure teachers, principals and other school leaders, and other 
educators are profession-ready.
    16. Senator Bennet offered and then withdrew an amendment 
to title IV regarding family engagement in educational 
programs.
    17. Senator Alexander offered and then withdrew an 
amendment to title IV regarding anti-bullying policies.
    18. Senator Casey offered and then withdrew an amendment to 
part A of title IV to address harassment and bullying.
    19. Senator Warren offered and then withdrew an amendment 
to establish a college information demonstration program, and 
for other purposes.
    20. Senator Whitehouse offered and then withdrew an 
amendment to support innovation schools.
    21. Senator Franken offered and then withdrew an amendment 
to end discrimination based on actual or perceived sexual 
orientation or gender identity in public schools.

              III. Explanation of Bill and Committee Views

    The Every Child Achieves Act of 2015 (ECAA) updates current 
law to reflect what has been learned in the 13 years since the 
No Child Left Behind Act (NCLB) was enacted. It maintains 
important aspects of the law, while improving those provisions 
that reflect widespread consensus from teachers, principals, 
school superintendents, chief State school officers, and 
Governors on the need to be changed. Overall, the bill 
maintains critical Federal protections around testing and 
transparency while largely restoring to States and local 
educational agencies (LEAs) the responsibility for determining 
how to design State accountability systems that lead to 
improved student achievement.

     title i--improving basic programs operated by state and local 
                          educational agencies

    The ECAA restructures and amends Title I of ESEA to address 
the following major issues:
Challenging State Academic Standards
    The committee bill affirms State and local control of what 
academic standards to adopt, without interference from the 
Federal Government. The bill maintains current law in requiring 
each State to adopt challenging State academic content and 
achievement standards that apply to all students and schools in 
the State in at least reading/language arts, mathematics, and 
science. However, States are left to determine the knowledge, 
skills, and specific levels of achievement to include in those 
standards, so long as they demonstrate that such standards are 
aligned with: (1) entrance requirements for the system of 
public higher education in the State; (2) relevant State career 
and technical education standards; and (3) relevant State early 
guidelines as required under the Child Care and Development 
Block Grant Act of 1990. The bill requires States to determine 
at least three levels of achievement that will be included in 
their standards, enabling States to move away from the NCLB-
designated levels (basic, proficient, and advanced) if they so 
desire.
    The bill strengthens current law in protecting State 
control of academic standards. The bill is explicit that States 
are not required to submit their standards to the Secretary of 
Education for review or approval. The Secretary cannot mandate, 
direct, control, coerce, or exercise any direction or 
supervision over any of the content or achievement standards 
adopted or implemented by a State. As a condition of approving 
a State plan under title I, the Secretary may not require a 
State to change any specific elements of its academic 
standards, or specify, define, or prescribe the standards or 
measures that States or LEAs use to establish, implement, or 
improve their academic standards, including the content of 
those standards or achievement levels within those standards. 
Furthermore, the bill ensures that the Secretary is not 
authorized to require or coerce a State to enter into a 
voluntary partnership with another State to develop or 
implement standards, including as a condition of any Federal 
funding, approval of a State plan, or approval of a waiver from 
the law. While it is the committee's intent to allow States to 
enter into voluntary partnerships with other States and to use 
Federal funds to do so, such decisions must be entirely at the 
discretion of States, without any interference or coercion from 
the Secretary of Education.
            Alternate Academic Achievement Standards for Students With 
                    the Most Significant Cognitive Disabilities
    It is the intent of the committee to ensure that all 
students are held to the high standards in order to be prepared 
for entry into post-secondary education and careers. The 
committee recognizes, however, that the challenging academic 
achievement standards under section 1111(b)(1)(A) may not be 
appropriate for a small percentage of students with the most 
significant cognitive disabilities. To address these concerns, 
the committee allows for a State to use a documented and 
validated standards setting process to adopt alternate academic 
achievement standards for students with the most significant 
cognitive disabilities. These standards must align with a 
State's challenging State academic content standards, reflect 
professional judgment regarding the highest achievement 
standards attainable by these students, be consistent with the 
Individuals with Disabilities Education Act, including 
provisions related to access to the general curriculum and 
designation of these standards in the child's individualized 
education program, and be aligned to ensure that a student 
meeting the alternate academic achievement standard is on track 
for further education or employment. These provisions also 
prohibit any other alternate or modified academic achievement 
standards. The committee notes that no State currently uses 
other alternate or modified academic achievement standards for 
assessment or accountability.
            English Language Proficiency Standards
    Similar to current law, the committee bill requires States 
to adopt English language proficiency (ELP) standards that are 
aligned with the State's academic content standards in reading 
or language arts; ensure proficiency in English for each of the 
domains of speaking, listening, reading, and writing; and 
address the different proficiency levels of English learners.
            Statewide Academic Assessments
    The committee bill recognizes the need for timely and 
objective information on student academic achievement so that 
parents know how their children are performing and teachers can 
improve classroom practice to support students that are 
struggling to meet State academic standards. Statewide annual 
assessments provide consistent information on student 
performance across the State, including information on 
achievement gaps within the State. This information, as one 
measure of school performance, allows parents, educators, and 
others interested in supporting improvements in our public 
schools to compare how schools within the State are performing 
relative to each other. The bill therefore maintains the 
current law requirement that statewide assessments continue to 
be administered annually in reading or language arts and math 
for grades 3 through 8, and at least once during grades 10 
through 12. Statewide assessments must also continue to be 
administered in science at least once during grades 3 through 
5, 6 through 9, and 10 through 12. These assessments must 
continue to: be valid, reliable, consistent with relevant, 
nationally recognized professional and technical testing 
standards, and objectively measure a student's achievement and 
skills; involve the inclusion of English learners and children 
with disabilities with appropriate accommodations, including in 
a language most likely to yield accurate data for English 
learners; and enable disaggregation of results by several 
categories of students, including the addition of homeless, 
foster care, and military-connected student categories.
    The committee bill provides more flexibility to enable 
States to: use multiple assessments over the course of the year 
to measure student knowledge, which culminate in a single 
summative score for a student; partially deliver assessments 
using portfolios, projects, or extended performance tasks; and 
use the principles of universal design, to the extent 
practicable, in assessment design. States are allowed to 
develop and administer computer adaptive assessments that 
measure, at a minimum, whether each student is meeting or 
exceeding the grade-level performance for the State academic 
content standards. The allowance of computer adaptive tests 
will enable educators to receive more meaningful feedback on 
classroom instruction in real-time. Computer adaptive 
assessments have the potential to provide improved and more 
detailed information regarding student knowledge, performance 
and skill, but do not change the responsibility of local school 
districts to provide appropriate instruction to all students 
aligned to grade level standards, including students with 
disabilities. The bill includes additional subgroups of 
students for reporting purposes, including homeless students, 
children in foster care, and military connected children.
    The bill strengthens current law in protecting State 
control of assessments by including explicit prohibitions on 
the Secretary to establish any criterion that specifies, 
describes, or prescribes the specific types of assessments or 
assessment items that States or LEAs use to measure student 
achievement. Furthermore, the bill ensures that the Secretary 
is not authorized to require or coerce a State to enter into a 
voluntary partnership with another State to develop or 
implement assessments, including as a condition of any Federal 
funding, approval of a State plan, or approval of a waiver from 
the law. While it is the committee's intent to allow States to 
enter into voluntary partnerships with other States and to use 
Federal funds to do so, such decisions must be entirely at the 
discretion of States, without any interference or coercion from 
the Secretary of Education.
Universal Design for Learning
    The committee encourages States and LEAs to incorporate the 
principles of Universal Design for Learning (UDL) in the design 
and development of curriculum, instructional strategies, 
assessments, and professional development. The committee notes 
that UDL is a strategy that supports learning in all 
classrooms, not just classrooms that specialize in providing 
special education services, thus the committee encourages 
school leaders and instructional personnel to participate in 
appropriate professional development to build their knowledge 
and skills in implementing UDL. However, incorporating UDL as a 
strategy under this Act is not intended to minimize the use or 
need for assistive technology, which may be an appropriate 
accommodation for individual students with disabilities.
            Assessing English Learners
    The committee acknowledges that certain exceptions must be 
available when including the student academic achievement of 
English learners on reading, language arts, and mathematics 
tests in State accountability systems. In this bill, States may 
exempt recently arrived English learners from one 
administration of the State's reading or language arts test, 
but not the mathematics test. Regardless of whether these tests 
are taken, the results of both assessments do not need to count 
for the purposes of the State's accountability system for the 
first year of the English learner's enrollment in the United 
States. States may utilize tests in a student's native language 
for an English learner's first 3 consecutive school years in 
the United States, and then must assess students in English. 
LEAs may, on an individual basis, assess such students 
identified as English learners in a language other than English 
for no more than an additional 2 years, if such student has not 
yet reached a level of English language proficiency sufficient 
to yield valid and reliable information.
    The committee recognizes that local educational agencies 
and schools should receive credit for the math and reading 
assessment results of English learner students after they have 
reached full English proficiency. The bill provides the 
flexibility to include the math and reading assessment results 
of a student who is no longer classified as an English learner 
in the State's accountability system for not more than 2 years 
after exiting English learner status. These policies will 
provide the information needed to determine if English learners 
are graduating prepared for post-secondary education or the 
workforce. Additionally, each State plan must also demonstrate 
that LEAs will provide annually assessments of English 
proficiency for English learners to determine a student's 
speaking, listening, reading, and writing skills in English.
            Alternate Assessments for Students With the Most 
                    Significant Cognitive Disabilities
    The committee has provided States with the option to create 
alternate assessments based on alternate academic achievement 
standards to measure the academic proficiency of students with 
the most significant cognitive disabilities. Alternate 
assessments must be aligned with the State's content standards. 
When electing to create alternate assessments, the States must 
ensure the alternate assessments are used in a manner 
consistent with the requirements of the Individuals with 
Disabilities Education Act (IDEA). This includes providing 
appropriate accommodations, involving parents in the decision 
to use the alternate assessment, and ensuring students with the 
most significant cognitive disabilities are involved in and 
make progress in the general education curriculum. A student 
taking the alternate assessment may not be precluded from 
attempting to complete the requirements for a regular high 
school diploma. Any State using the alternate assessment must 
ensure that teachers and appropriate staff are trained to 
administer the assessment and to support the use of appropriate 
accommodations. In the interest of ensuring that all students, 
including children with disabilities, are held to the highest 
standards of academic achievement, and to protect against the 
inappropriate use of the alternate assessment, the total number 
of students assessed using the alternate assessment may not 
exceed 1 percent of the total number of all students in the 
State who are assessed in each subject and not more than 1 
percent of assessments used in determining the achievement of 
students in the State accountability system may be alternate 
assessments for students with the most significant cognitive 
disabilities. The committee recognizes that in some LEAs there 
are concentrations of students with the most significant 
disabilities, thus this 1 percent limitation is at the State 
level and does not extend to individual schools or LEAs.
    The determination of whether a student should be assessed 
using the alternate assessment based on alternate academic 
achievement standards must be made on an individual basis for 
each subject by the participants on each child's Individualized 
Education program (IEP) Team. It is the committee's intent that 
section 1111(b)(2)(D) be read consistently with the 
requirements of the IDEA insofar as it does not interfere with 
the ability of an IEP Team to make an informed and 
individualized determination about an appropriate assessment. 
The committee notes, however, that while the IDEA gives an IEP 
Team the authority and responsibility to determine how each 
individual child with a disability participates in State and 
local testing systems, this authority must be exercised within 
guidelines intended to maximize opportunities for students with 
disabilities. Section 612(a)(16)(C) of the IDEA and section 
1111(b)(2)(D)(i)(II) of this Act require States to develop 
guidelines for the participation of children with disabilities 
in alternate assessments for those students who cannot 
participate in regular assessments, even with appropriate 
accommodations. The committee views the 1 percent amount 
specified in the statute as reinforcing the necessity for IEP 
Teams to adhere to State guidelines.
Assistive Technology
    The committee recognizes the importance of appropriate 
accommodations that allow students to demonstrate knowledge and 
skills and support access to instructional materials and 
instruction. Because of the advances in assessment design and 
the increased use of computer-based assessments, the committee 
recognizes that technology-based accommodations and the use of 
assistive technology may become increasingly important for 
students with disabilities to demonstrate their academic 
performance.
            Grants for State Assessments and Related Activities
    The committee bill includes dedicated funding for States to 
implement the State assessments in math, reading, and science 
that are required in part A of title I. The bill modernizes the 
formula grants to States to allow them to use funds to develop 
or improve balanced assessment systems that include summative, 
interim, and formative assessments. It also maintains support 
for States to develop English proficiency assessments, or 
assessments with appropriate accommodations for students with 
disabilities or English learners, including native language 
assessments.
            Grants for Enhanced Assessments Instruments
    The committee bill maintains the competitive grant program 
for other assessments besides the required State assessments. 
ECAA updated the program to allow for the development of 
comprehensive assessments instruments such as performance-, 
technology-, and competency-based assessments, computer 
adaptive assessments, and portfolios, projects, or extended 
performance tasks. This funding can also be used to develop 
English language proficiency assessments, and assessments with 
appropriate accommodations for students with disabilities or 
English learners, including native language assessments. The 
committee expects this competition will lead to the creation of 
higher-quality assessments that are better able to measure 
student achievement.
Addressing Overtesting Concerns
    A common and recurring criticism of NCLB is that it has led 
to overtesting of students, and a narrowing of the curriculum 
for schools to mainly focus on math and reading since they are 
the subjects annually tested and those that have historically 
had the primary weight in the State's accountability systems. 
At a committee hearing in January entitled ``Fixing No Child 
Left Behind: Testing & Accountability,'' several witnesses, 
including Dr. Martin West, Assistant Professor of Education at 
the Harvard Graduate School of Education, testified that 
students are being tested too frequently, but the Federal 
requirements for annual testing are not the cause of 
overtesting. Dr. West noted that ``federally mandated annual 
State tests generally account for less than half of test-
taking time, just 32 percent in a recent Ohio study.''
    The committee met with many individuals, including 
teachers, principals, superintendents, parents, and State 
leaders, who reiterated that the annual testing required by 
NCLB is not the root cause of overtesting. Rather, the 
overreliance on these tests as required by NCLB in the State's 
accountability system to determine success and failure of 
schools has led to many States, local educational agencies, and 
schools implementing many additional State and local tests to 
prepare for the annual assessments required under NCLB. While 
the committee accepts the importance of these annual statewide 
tests in providing critical information to parents, educators, 
and others interested in supporting improvements in our public 
schools, the committee bill makes several changes to current 
law in response to concerns around overtesting and overreliance 
on State tests.
            Deferred Commencement or Administration
    The committee bill continues to allow States to defer 
commencement or administration of State tests if annual funding 
falls below the current funding level for the States assessment 
grant program. This important protection, which was included in 
NCLB, helps ensure that States are only required to fulfill 
Federal testing mandates if there are funds provided to 
implement such mandates.
            Parental Opt-Out
    The committee bill includes language clarifying that 
nothing in title I, part A of current law is to be construed as 
preempting a State or local law regarding the decision of a 
child's parent or guardian to have the child not participate in 
the statewide academic assessments under section 1111(b)(2). 
This language is intended to protect parents' ability to choose 
whether or not their child takes a test, reiterating their 
rights to opt their children out of State tests if such right 
is provided under State or local law. It does not affect the 
obligations of a State that accepts title I funds, or of LEAs 
in the State, to comply with title I requirements relating to 
assessments, including administering the assessments, reporting 
on student achievement as measured by those assessments, and 
using the assessment results to carry out the State 
accountability system.
            State and Local Audits
    The committee bill includes a new reservation of funds 
under the State assessment grant program to enable States and 
LEAs to carry out audits of State and local assessment systems. 
Many State and local assessments that are currently being used 
are redundant, low-quality, and take valuable time away from 
classroom instruction. Some of the items that these audits will 
review related to each State and LEA assessment are:

     The grade and subject assessed.
     Whether the assessment is required under Federal 
education law.
     The annual cost in developing, purchasing, 
administering, and scoring the assessment.
     The purpose of the assessment.
     The time to disseminate assessment results.
     How it is aligned to State standards under section 
1111(b)(1).
     What State or local laws or regulations require 
the assessment.

    The audits will also include feedback from multiple 
stakeholders on the assessment system, including how educators 
use the assessment data to improve instruction, the time it 
takes to prepare students for the assessments, how useful they 
are, and the time it takes for students to take the tests. 
Finally, States and districts will prepare a plan on how to 
address the audit findings, including eliminating assessments 
that are not useful, not helpful in improving learning, 
redundant, or unrelated to State standards.
    These audits are intended to help bolster the dearth of 
systematic data on the amount of time students nationwide spend 
taking Federal, State, and local tests. They will also help 
address the concerns that some schools test far more than is 
necessary, and that too many schools devote excessive time to 
narrow test preparation activities. The concerns voiced by 
parents and educators related to testing are legitimate, and 
the first step to correcting the problem of overtesting is to 
get better information on how much testing is occurring and for 
what purposes. The committee intends for States and LEAs to use 
data from the audits to find opportunities to reduce the 
testing load on schools, teachers, and students.
            Innovative Assessment and Accountability Demonstration 
                    Authority
    ECAA authorizes the Secretary to allow seven State 
educational agencies initially to develop and implement an 
innovative assessment and accountability pilot. This pilot will 
allow States to develop new assessment systems instead of, or 
in addition to, the required State tests. The committee intends 
that the States who receive the pilot authority will have the 
necessary infrastructure and State policies in place to 
implement these innovative assessment systems effectively. 
These innovative assessment systems may be comprised of tests 
such as competency-based assessments or proficiency- or 
performance-based assessments that validate when students are 
ready to demonstrate mastery of skills and allow for 
differentiated student supports based on demonstrated student 
needs. The innovative assessment system will have to meet 
minimum Federal protections and be peer reviewed and approved. 
The innovative assessment system must monitor progress of 
student learning in the assessed areas, and generate annual, 
summative determinations about student achievement based on 
annual data for each individual student. The demonstration 
authority is not intended to result in multiple annual 
assessment systems from which local educational agencies may 
select. Rather, the intent is to provide authority for States 
to develop a statewide innovative assessment system, that could 
include a variety of types of assessments, to eventually 
replace the existing statewide assessment system under section 
1111(b)(2), for all local educational agencies in the State so 
long as they meet the requirements of ECAA and the 
demonstration authority.
    These next generation assessment systems are intended to 
support better teaching and learning, as teachers will have 
real-time data on student learning and needs that they can use 
to tailor instruction rather than administering a one-time end-
of-year test which does not provide useful information to 
teachers or students in a timely fashion. The committee intends 
the results on the assessments developed in the pilot to be 
comparable, valid, and reliable as compared to results on the 
State assessments and to provide unbiased, rationale, 
consistent, and comparable determinations of progress toward 
annual goals and determinations under section 
1111(B)(3)(B)(iii). The committee also intends this pilot 
authority to support the work currently happening in States to 
support higher quality assessments connected to better teaching 
and learning. While the committee bill addresses issues of 
overtesting, this pilot also helps support efforts to improve 
the utility and quality of assessments.
State-Designed Accountability Systems
    ECAA eliminates many of the rigid one-size-fits-all 
accountability requirements of NCLB, particularly the 
requirements related to adequate yearly progress (AYP) and the 
2014 deadline for States to demonstrate 100 percent proficiency 
among their students in reading and math. Instead, the bill 
makes clear that States have the responsibility for developing 
a single, statewide and State-determined accountability system 
to ensure that all students graduate from high school prepared 
for post-secondary education or the workforce without the need 
for post-secondary remediation. However, the committee bill 
also responds to requests from Governors, Chief State School 
Officers, and other representatives of educators, the business 
community, and the civil rights community that Federal law 
maintains some important requirements to ensure that States 
implement meaningful systems that will hold schools accountable 
for student outcomes, including the outcomes of individual 
student subgroups. Therefore, the committee bill seeks to 
strike a balance that provides an outline of an accountability 
framework that all States must adhere to, but provides States 
with greater flexibility to develop systems within that outline 
that are reflective of individual State priorities and needs.
    Under the committee bill, State accountability systems must 
include the following elements, at a minimum:

     Annual State-designed goals for all students and 
each of the subgroups of students for student academic 
achievement on the statewide annual assessments and high school 
graduation rates;
     Academic achievement of all students and each of 
the subgroups on State tests, which may include student growth;
     A statewide academic indicator of success for 
elementary schools for all students and each subgroup of 
students;
     High school graduation rates for all students and 
each of the subgroups of students;
     English language proficiency for all English 
learners; and
     Any other indicator of school quality, success, or 
student supports, determined by the State for all students and 
each of the subgroups of students.

    The annual State-designed goals must take into account the 
progress necessary for all students and each of the individual 
subgroups of students to graduate from high school prepared for 
post-secondary education or the workforce without the need for 
post-
secondary remediation. This requirement is intended to make 
clear to States that they are expected to set ambitious goals 
to ensure that all students, including each of the subgroups of 
students, meet the longer-term goal of graduating from high 
school ready for post-secondary education or the workforce 
without the need for remediation. ECAA provides flexibility for 
States in the design of these goals.
    ECAA does not mandate the use of student growth as a 
Federal requirement in State accountability decisions. However 
many States are already including student growth in their 
accountability systems and ECAA maintains the ability for 
States to continue to do this. Furthermore, States may use 
measures of growth for the annual goals under section 
1111(b)(3)(B)(i), the achievement indicators under section 
1111(b)(3)(B)(ii), and the system of annual identification of 
schools under section 1111(b)(3)(B)(iii).
    In addition to the statewide annual assessment, ECAA 
requires States include a series of other indicators in their 
accountability systems. The bill requires States to include a 
statewide academic indicator for elementary schools and 
secondary schools that are not high schools. This indicator is 
to be the same statewide indicator for all public elementary 
school students and each individual subgroup of students and 
may include measures such as attendance rates. States must also 
include high school graduation rates for all students and each 
individual subgroup of students. Graduation rates will be 
measured as the 4-year adjusted cohort rate and extended year 
rate, as defined in the 2008 Federal regulation. In addition to 
statewide assessments, both the elementary school indicator and 
high school graduation rates must be substantial factors in the 
State-designed accountability systems, the weight of which is 
determined by the State. In addition, States are required to 
include English language proficiency for all English learners 
in their State-designed accountability systems, which shall be 
based on the State requirements for timelines and goals for 
progress under section 1111(c)(1)(K).
    Finally, States must also include one other statewide 
indicator of school quality, success, or student supports that 
will be applied to all local educational agencies and schools 
consistently throughout the State for all students and each 
individual subgroup of students. This other measure of school 
quality could include measures of student readiness to enter 
post-secondary education or the workforce without the need for 
post-secondary remediation. The committee's intent is that 
``measures of student readiness to enter post-secondary 
education'' may include measures such as passage rates on 
Advanced Placement and International Baccalaureate exams, ACT 
and SAT scores, credits accumulated through dual and concurrent 
enrollment programs or early college high school programs or 
other measures determined appropriate by the State.
    State-designed accountability systems will use all the 
indicators to annually identify and meaningfully differentiate 
among all public schools in the State, with student academic 
achievement for all students and each individual subgroup of 
students on the statewide tests, the academic indicator for 
elementary and middle schools, and high school graduation rates 
all being substantial factors in the system, the weight of 
which is determined by the State. State-designed systems must 
also ensure that 95 percent of all students and each individual 
subgroup of students who are required to be assessed annually 
takes the statewide assessments required under section 
1111(b)(2). The 95 percent test rate requirement must also be 
factored into the State accountability system with States 
determining how it factors into such system. In determining 
whether this requirement is met, the committee intends for all 
students required to be assessed to be included in the State 
accountability system, including those who use appropriate 
accommodations or are assessed using the alternate assessment 
based on alternate academic achievement standards.
    The committee bill eliminates the notion of a one-size-
fits-all federally mandated system for holding schools 
accountable and further seeks to ensure that important 
decisions concerning the design and implementation the State 
accountability systems need to be made by State educational 
agencies with timely and meaningful consultation with 
stakeholders, including Governors, local educational agencies, 
representatives of tribes located in the State and teachers, 
principals, other school leaders, specialized instructional 
support personnel, and paraprofessionals, including 
organizations representing such individuals. The bill 
strengthens current law in protecting State and local authority 
to make decisions related to school accountability by including 
specific prohibitions on the Secretary. The Secretary is 
specifically prohibited from establishing any criterion that 
specifies, defines, or prescribes:

     The specific goals that States establish within 
State-designed accountability systems for all students and 
subgroups of students for student academic achievement or high 
school graduation rates.
     The specific weight or specific significance of 
any measures or indicators used to measure, identify or 
differentiate schools in the State-determined accountability 
system.
     Any aspect or parameter of a teacher, principals, 
or other school leader evaluation system within a State or 
local educational agency.
School Identification, Interventions, and Supports
    The committee recognizes that accountability systems that 
are more tailored to the needs and strengths of States and 
school districts stand a greater chance at successfully 
leveraging improvements in student achievement than the one-
size-fits-all approach of NCLB. The committee bill requires 
that States use the State-
designed accountability system to annually identify and 
meaningfully differentiate all public schools that are in need 
of intervention and support due to low-performance in the State 
accountability system. The committee intends for this 
meaningful differentiation to include issues such as the 
reasons why schools were identified by the State, such as 
chronic underperformance of all students or underperformance of 
student subgroups. States must provide a clear and 
understandable explanation of this differentiation.
    All title I schools that are identified must implement an 
evidence-based intervention and support strategy designed by 
the State or school district. An important provision in the 
ECAA is the requirement that all school districts with 
identified schools as in need of assistance will conduct an 
extensive review of such identified schools, including by 
examining the indicators in the accountability system, and 
policies, procedures, personnel decisions and budgetary 
decisions that could have led to the identification of the 
school. Then, an evidence-based strategy for use in improving 
identified schools can be developed based on the actual needs 
of the school, and be proportional to the actual identified 
needs of the school. The intervention and support strategies 
used by school districts must distinguish between the lowest 
performing schools and other schools identified as in need of 
intervention and support for other reasons, including schools 
with subgroups of students not meeting the annual goals 
established in 1111(b)(3)(B)(i). This provision sends a signal 
to States that subgroup performance must be a part of the 
identification of schools for intervention and support 
strategies. The school districts must develop comprehensive 
plans for ensuring the successful implementation of these 
intervention and support strategies and collect and use data on 
an ongoing basis to monitor the results of these intervention 
and support strategies and adjust them as necessary. 
Furthermore, LEAs must describe the actions they will take to 
assist identified schools to improve student academic 
achievement in the title I plans they submit to their State, 
including the lowest performing schools and schools identified 
for other reasons, including schools with categories of 
students not meeting annual goals. The committee acknowledges 
the shortcomings with the prescriptive turnaround models 
promulgated by the Department of Education for LEAs to use in 
turning around low-performing schools. Strategies that are 
designed by States and LEAs involving multiple local 
stakeholders and based on the identified needs of schools will 
be much more effective in helping to improve a school and will 
have the support of the educators, staff, and parents who will 
do the hard work of school improvement. The bill is explicit in 
prohibiting the Secretary from establishing any criterion that 
specifies, defines, or prescribes any school intervention or 
support strategy that States or LEAs will use to assist schools 
identified as in need of assistance under the State 
accountability system.
    ECAA requires States to monitor and evaluate the 
intervention and support strategies implemented by local 
educational agencies in schools identified as in need of 
intervention and support, including the lowest performing 
elementary schools and secondary schools and schools identified 
for other reasons, including schools with subgroups of students 
not meeting annual goals established by States. The committee 
intends that States will continue to identify a balanced 
representation of all levels of schooling among their lowest 
performing schools, including high schools with low graduation 
rates. States must also describe the steps they will take to 
assist local educational agencies if the evidence-based 
strategies being used in identified schools are not effective, 
or if the local educational agencies have failed to carry out 
their responsibilities. LEAs and States must use results from 
the State monitoring and evaluation to take appropriate steps 
to change or improve interventions or support strategies as 
necessary.
    The committee bill continues to support title I schools 
identified as in need of intervention and support from two 
different funding sources--authorization of the School 
Intervention and Support (SIS) program, to replace the School 
Improvement Grant program under NCLB, and by providing 
flexibility for States to reserve 4-percent from title I, part 
A funds for technical assistance and support for school 
district improvement and support activities. Funds under 
section 1003(b) may be used by the State directly, with the 
approval of the local educational agency, or the local 
educational agency to provide interventions and supports 
through other entities such as school support teams, 
educational service agencies, or other nonprofit or for-profit 
organizations that use evidence-based strategies to improve 
student achievement, including converting identified schools to 
charter schools, or to open new public charter schools or 
expand high quality public charter schools to serve all 
students enrolled in each identified school receiving such 
funds.
    States that receive SIS funds must award 95 percent of 
these funds, competitively, to school districts with identified 
schools and must prioritize districts serving elementary and 
secondary schools identified as the lowest performing schools 
in the State. SIS subgrants are awarded for a 5-year period, 
and States must monitor and evaluate the implementation of 
evidence-based school intervention and support strategies 
funded by SIS. A State may reserve more than 5 percent of SIS 
funds to directly provide intervention and supports to 
identified title I schools if LEAs fail to effectively improve 
such schools, but the committee intends that the majority of 
SIS funds will be allocated to LEAs. Districts will have to 
describe to their State the process they will use to select 
evidence-based intervention and support strategies, and the 
timeline for implementing such strategies. In addition, 
districts will monitor the effectiveness of the implementation 
of such strategies and make appropriate changes if the 
strategies are not effective. The intervention and support 
strategies will have to meet the needs of all students, 
including student subgroups. Additionally, the bill allows 
States to allocate SIS funds to a statewide school district, a 
consortium of LEAs, or an educational service agency, all of 
which serve identified schools, if such entities are legally 
constituted or recognized as LEAs in the State.
State Plans
    As under current law, any State wishing to receive title I, 
part A funds, must submit a plan to the Secretary describing 
how the State and its school districts will meet the 
requirements of this Act and will coordinate the activities 
with related Federal programs. The committee intends for many 
community stakeholders to be meaningfully consulted in the 
development of the State plan, including the Governor, LEAs, 
educators (including representatives of educators), 
representatives of Indian tribes located in the State, other 
staff, administrators, and parents. The committee bill includes 
many important provisions for States to include in their plans. 
The States must include the minimum number of students to be 
included in each subgroup of students for accountability 
purposes, and this number must be statistically sound, not 
reveal personally identifiable information, and determined 
through collaboration with other education stakeholders. This 
will ensure that schools have an accurate measure of student 
subgroup performance. States must describe the process used for 
determining this minimum number, and publish it on the State 
report card. The committee recognizes the value and importance 
of disaggregation of data by categories of student. This 
disaggregation allows for more meaningful accountability and 
improved transparency. The committee intends for the report 
required under section 1018 to guide States in making the 
determination of the minimum number of students to be included 
in each subgroup of students for accountability purposes.
    ECAA also maintains the current law equitable distribution 
of educator requirements, which seek to ensure that low-income 
and minority children are not taught at disproportionate rates 
by ineffective, inexperienced, or out-of-field educators. The 
State plans must describe how the State will make public the 
methods and criteria the State is using to measure teacher, 
principal, and other school leader effectiveness to ensure 
educators and other stakeholders know how the State is 
determining educator effectiveness. The State plans must also 
describe how States will address school climate and discipline 
issues; if the States propose to use funds to assist gifted and 
talented students, how the State will do so; and how the State 
determines the timelines and annual goals for progress in 
English proficiency for English learners. This requirement 
relates to the information States will use to meet its 
requirements for English learners under the State 
accountability system, as well as for requirements related to 
English learners under title III. State plans also include 
important assurances that States will: participate in the 
biennial math and reading National Assessment of Educational 
Progress; support the collection and dissemination of effective 
parent and family engagement strategies; and ensure that all 
educators meet applicable State certification and licensure 
requirements, including qualifications for paraprofessionals 
that have been in place since 2002.
Peer Review
    The committee bill improves the peer review and title I 
State-plan approval processes from current law. The committee 
intends the peer review process to be a method for providing 
constructive feedback to States regarding how the provisions in 
their State plans might be implemented, including in the most 
important areas of their plans related to assessments, 
accountability, and school intervention and support. Peer 
review teams must include a balanced representation of recent 
or current practitioners, and those who have research 
experience in implementing standards, assessments, or 
accountability systems, as well as meeting the needs of 
disadvantaged students and those with special or unique needs. 
The bill provides greater transparency around on peer review 
team participants. The names of peer reviewers will be 
published on the Department's Web site, and the same peer 
reviewers will not review all of the State plans. Peer 
reviewers will conduct an objective review of the State plans 
out of respect for State and local judgments and provide 
objective feedback on the technical and overall quality of 
State plans.
State Plan Approval
    ECAA requires States to submit title I State plans to the 
Secretary for approval, but requires State plans to be deemed 
as approved within 90 days of submission unless the Secretary 
presents substantial evidence that the plan does not meet the 
requirements of title I. If the Secretary finds the plan does 
not meet the requirements of title I, States are provided 
immediate notice, a description of non-compliant provisions, 
all peer reviewer comments, an opportunity to revise and 
resubmit the plan, technical assistance upon request, and an 
opportunity for a public hearing. The committee does not intend 
for the Secretary to be forced into approving State plans if 
the States are not cooperative in submitting materials for 
review as part of the plan-approval process.
    The committee bill includes clear and explicit prohibitions 
on the Secretary regarding State plans. The Secretary shall not 
have the authority to require a State, as a condition of 
approval of its plan or revisions or amendments to its plan, to 
include in, or delete from, such plan one or more specific 
elements of the challenging State academic standards, use 
specific academic assessment instruments or items, set specific 
State-designed annual goals for academic progress for students 
and subgroups of students, or specific timelines for such 
goals, assign any specific weight or specific significance to 
any measures or indicators of student academic achievement or 
growth within the State-designed accountability system, 
specify, define or prescribe any specific benchmarks, targets, 
goals, or metrics to measure non-academic measures or 
indicators, or any aspect or parameter of a teacher, principal, 
or other school leader evaluation system. State plans will be 
in effect for 7 years and periodically reviewed and revised by 
the State as necessary. If States make significant changes to 
their State plans at any time, including changes to their 
accountability systems under section 1111(b)(3), such 
information shall be submitted to the Secretary and the 
Secretary shall review the information and approve or 
disapprove the changes within 90 days without undertaking the 
peer review process again.
Seclusion and Restraint
    Seclusion and restraint have been used in various school 
situations as a means of discipline or reactive behavioral 
control. These practices often affect children with 
disabilities and children of racial and ethnic minorities, as 
documented in the U.S. Department of Education 2011 and 2013 
Civil Rights Data Collection. The committee adopted an 
amendment in markup to require States to describe in their 
State plan how students will be protected from physical and 
mental abuse, aversive and dangerous behavioral interventions, 
and the use of seclusion and restraint, including how the State 
will use professional development for school personnel. The 
committee notes that many States have policies that will 
satisfy this requirement. These provisions will encourage all 
States to determine how every student will be protected from 
inappropriate use of seclusion and restraint.
Annual Report Cards
    One of the most important achievements of NCLB was the 
annual public reporting of data regarding student academic 
achievement, graduation rates, and other indicators, and the 
requirement to report that data publicly in a manner consumable 
by parents, families, policymakers, and the general public. The 
committee supports the continuation of reporting of this and 
other data to help hold States, school districts, and schools 
accountable to their stakeholders for the success of all 
students. ECAA continues the data collection and reporting 
requirements from NCLB, including for all students and 
disaggregated by subgroups of students, and adds a number of 
important requirements, including reporting on the percentage 
of students who did not meet annual State-designed goals, while 
ensuring protections are in place to not overly burden States 
and LEAs or release personally identifiable information.
    Some key additions to the report cards are equity and 
school climate indicators reported on the Civil Rights Data 
Collection biennial survey. The purpose of these additions, 
which provide that State and local report cards shall include 
information on access and barriers to access to certain 
critical educational resources, is to provide better 
information to the public to promote equity in access to those 
resources for all students. ECAA also requires States to report 
information regarding the professional qualifications of 
teachers by poverty quartiles and high- and low-minority 
schools in the State in order to help States comply with the 
bill's equitable distribution requirements. The legislation 
also requires States and districts to report the per-pupil 
expenditures for Federal, State and local funds, disaggregated 
by source of funds. These expenditures must include actual 
personnel expenditures and actual non-personnel expenditures at 
each individual school, and not district averages for teacher 
and personnel expenditures.
    ECAA also includes a new Secretary's report card that 
contains the information from the State, LEA, and school report 
cards. This information provides an opportunity for the 
Secretary to highlight examples of effective and ineffective 
strategies for educational improvement happening across the 
country.
Public Recognition
    ECAA provides the authority for the Secretary to identify 
and publicly recognize exemplary performance among States, 
local school districts, schools, as well as excellence among 
educational professionals in many different areas. This may 
include recognizing excellence in classified school employees 
for improving student wellness or achievement. This authority 
will give States further opportunity to identify and reward 
school districts and schools that are top performers, including 
schools and districts that demonstrate strong academic 
achievement, growth, or graduation rates for all students and 
subgroups of students.
Schoolwide and Targeted Assistance Programs
    The committee bill maintains the schoolwide and targeted 
assistance programs under current law, including the 
requirement that a title I school must have 40 percent or more 
of students in poverty to operate a schoolwide program. 
However, in an effort to provide more local flexibility, the 
bill asks LEAs to conduct a needs analysis of all title I 
schools in the LEA. If the results of the needs assessment 
determines a school under 40 percent poverty could best serve 
its title I students using a schoolwide program, the LEA can 
waive the 40 percent threshold requirement.
Foster Children
    ECAA requires States to detail the steps they will take to 
ensure collaboration with State agencies responsible for foster 
care, including an assurance that children will be immediately 
enrolled in and records will be transferred to a receiving 
school. Collaboration is important to help better identify 
foster youth to address their specific needs. The bill also 
requires disaggregated reporting on foster student achievement 
under the State, local educational agency, and school report 
cards to get better information on how students in foster care 
are performing. As part of reporting, the committee expects 
that State educational agencies will work with child welfare 
agencies to gather an accurate number of the foster children 
they are serving.
Early Childhood Education
    The committee clarifies that States can use title I-A funds 
to support early learning initiatives. States that do so are 
encouraged to have comprehensive plans for determining need and 
ensuring program quality that may take into account 
establishing or upgrading early childhood educator licensure 
requirements, improving professional development opportunities 
for early childhood educators, and carrying out other 
activities related to early childhood education.
Highly Qualified Teachers
    The committee bill repeals NCLB's definition of a highly 
qualified teacher (HQT), which places too much emphasis on a 
teacher's credentials, degrees, and licensing rather than a 
teacher's ability to actually improve student achievement. 
There is widespread bipartisan agreement that HQT is not the 
best measure of teacher effectiveness. A Federal definition of 
teacher quality can be especially harmful to rural school 
districts which often face unique challenges, including those 
related to hiring and retaining effective teachers. Therefore, 
ECAA requires States to report on their system of 
certification, licensing, and professional growth and 
improvement, as well as to report on other indicators related 
to teacher effectiveness.
Parent and Family Engagement
    The committee bill strengthens current law provisions by 
expanding such involvement to family members. This shift is 
intended to acknowledge the role that non-custodial family 
members play in the life of a child. LEAs must continue to 
develop a written parent and family engagement policy. The bill 
also improves parent and family engagement by requiring 
outreach to all parents and family members, including 
meaningful involvement of the parents and family members in the 
development of the parent and family engagement policy. 
Furthermore, the bill allows for the establishment of a parent 
advisory board comprised of a representative group of parents 
or family members served by the LEAs and recognizes the 
important role LEAs play in improving parent and family 
engagement by increasing support for district-level parent and 
family engagement activities. Early Head Start, Home 
Instruction for Parents of Preschool Youngsters, and Parents as 
Teachers are intended to remain eligible for funding under the 
Parent and Family Engagement section.
Participation of Children Enrolled in Private Schools
    Provisions related to the equitable participation of 
private school students have been a part of ESEA since its 
enactment in 1965. These provisions are intended to help 
disadvantaged students who attend private schools and are 
included in the calculation of Federal funds allocated to 
public school districts. ECAA improves current law to ensure 
that eligible private school students who help generate funds 
in eligible attendance areas receive the services for which 
they are eligible. ECAA clarifies that allocations to provide 
services to private school students must be determined before a 
LEA reserves any money ``off the top'' of its title I 
allocation. This will help ensure that a LEA's total title I 
allocation is included in discussions when determining 
equitable services for private school children and prior to any 
allowable expenditures are reserved by the school districts. 
The bill also requires more transparency into how allocations 
for private school students are determined during the 
consultation process with the local school district, as well as 
whether the district will provide services directly to private 
school students or assign responsibility for those services to 
a separate government agency, consortium, or entity, or to a 
third-party contractor. Last, the bill requires that equitable 
services for title II funds be determined on the basis of the 
full allocation of title II funds to a LEA rather than only the 
portion spent on professional development activities by the 
LEA.
Supplement, not Supplant
    ECAA maintains the ``supplement, not supplant'' (SNS) 
requirements from current law, which ensure Federal dollars are 
used as an addition to State and local resources, and do not 
replace them. While the committee recognizes the importance of 
this requirement, the committee also recognizes that Department 
of Education regulations have led these requirements to be more 
restrictive than the provision's original intent. To address 
this, the bill includes new provisions detailing how LEAs and 
schools must demonstrate compliance with SNS under part A of 
title I. Specifically, the bill allows States and LEAs to 
comply with SNS for title I, part A funds if they can document 
that the manner in which they allocate State and local 
resources to schools is ``Title I neutral,'' or that the 
methodology does not account for the title I funds that schools 
will receive. Additionally, the bill removes requirements in 
regulation that force LEAs to identify individual costs or 
services as supplemental. Instead, the way in which State and 
local resources are allocated to a school must be examined as a 
whole to ensure that the methodology does not account for title 
I funds the schools will receive. This language will provide 
more flexibility for schools to utilize title I funds to 
implement comprehensive and innovative programs. LEAs will be 
able to demonstrate SNS compliance in a much less burdensome 
and restrictive way, while still making clear that Federal 
dollars are supplemental to State and local dollars and not be 
used to replace them.
Maintenance of Effort
    The committee bill maintains current law maintenance of 
effort (MOE) requirements, which ensure that States and LEAs 
provide support for elementary and secondary education year to 
year, while also providing LEAs additional flexibility if 
extraordinary circumstances cause a LEA to not meet these 
requirements periodically. If a LEA fails to maintain State and 
local spending at a level that is at least 90 percent of its 
prior year spending, it will not be subject to a reduction in 
Federal funds, so long as such LEA has not failed to meet MOE 
requirements in the preceding 5 years. The LEA will be able to 
have 1 year to return to compliance with MOE for the year 
preceding the year that the LEA did not meet the requirements 
without penalty. As is the case under current law, the 
Secretary may waive MOE requirements for 1 year under certain 
circumstances. The bill adds an additional example under which 
the Secretary may consider waiving MOE requirements: ``a change 
in the organizational structure of the local educational 
agency.'' The committee included this example because school 
districts sometimes make key staff changes or centralize 
operations that may result in a more streamlined and better-
governed school system, but also a one-time reduction in 
spending.
Education of Migratory Children
    The committee bill amends part C of title I of current law 
to clarify that programs to serve migratory children and youth 
should be designed to prepare such children and youth for post-
secondary education or the workforce without the need for post-
secondary remediation. The committee bill makes a number of 
changes to address the challenges posed by LEAs in identifying 
migrant students, including defining particular circumstances 
of migratory workers and what constitutes a ``qualifying 
move.'' In particular, the committee believes that temporary 
and seasonal workers should include those workers who have been 
employed not longer than 18 months, or a longer period with 
justification by the State. Services should be prioritized for 
migratory children that have made a qualifying move within the 
previous year, meaning a move out of economic necessity, in 
certain circumstances. The bill also includes definitions for 
migratory agricultural worker, migratory child, migratory 
fisher, and more explicit information on what constitutes a 
qualifying move to update the changing status and circumstances 
of migrant workers since NCLB.
Prevention and Intervention Programs for Children and Youth who are 
        Neglected, Delinquent, or At-Risk
    The committee bill amends part D of title I of current law 
to ensure that State educational agencies have established 
procedures to ensure prompt re-enrollment into secondary 
schools or re-entry programs, including the transfer of 
credits, and opportunities to participate in post-secondary 
education or other career pathways, for children and youth in 
local and State institutions for neglected and delinquent 
juveniles. This language encourages transition plans and 
academic assessments for students upon entry into a 
correctional facility and consultation between facilities and 
local educational agencies upon release to ensure the students' 
continued success. Where applicable, these programs should be 
implemented to reduce the need for remediation and increase 
coordination with Indian tribes and the Bureau of Indian 
Education.
General Provisions
    The committee notes that the number of Federal regulations 
with which States and LEAs must comply has grown over the last 
three decades. The committee intends for the Department of 
Education to examine the impact, including costs, burdens, and 
benefits of regulations before issuing them, as well as to 
gather ample stakeholder input, including individuals such as 
Federal, State, and local administrators, parents, teachers, 
principals, school leaders, and charter school leaders.
    The committee bill alters the regulatory process for some 
title I provisions in the case in which consensus around the 
regulations from a negotiated rulemaking process is not 
reached, including regulations for State standards, State 
assessments, the State accountability system, school 
intervention and support, and ``supplement, not supplant'' 
requirements. In these cases, the Secretary must do an analysis 
of the justified need for regulation, the anticipated burden, 
including time, cost, and paperwork burden to implement the 
regulation, any anticipated benefits, any regulations to be 
repealed when new regulations go into place, and provide 
opportunity to comment. The intent is that the Secretary will 
thoughtfully gather feedback and consider impact before issuing 
new regulations.

 title ii: high quality teachers, principals, and other school leaders

    Title II of the ECAA restructures and amends Title II of 
ESEA to address the following major issues:
Fund for the Improvement of Teaching and Learning
    The committee bill replaces the existing Teacher and 
Principal Training and Recruiting Fund included in part A of 
title II with a new Fund for the Improvement of Teaching and 
Learning to provide more flexibility to States and LEAs in 
supporting teachers, principals, and other school leaders. The 
bill provides resources to States and school districts to 
implement various activities to support teachers, principals, 
and other educators, including allowable uses of funds for high 
quality induction programs for new teachers, ongoing 
professional development opportunities, and programs to recruit 
new educators to the profession.
    The bill shifts away from emphasizing teacher 
qualifications as a proxy for teacher quality and, rather, 
focuses on providing States and local school districts with the 
flexibility to improve the effectiveness of teachers, 
principals, and other school leaders based on their local 
needs. The bill further provides States and local school 
districts with maximum flexibility to use funding to support 
activities that improve the quality and effectiveness of 
teachers, principals, and other school leaders, including 
activities that will increase the supply of and ensure that 
low-income and minority students have access to effective 
educators.
Teacher and Principal Evaluations
    The committee bill empowers, but does not require, States 
and LEAs to develop their own teacher and principal evaluation 
systems. The committee recognizes the importance of fair and 
accurate ways to evaluate and support teachers, principals, and 
other school leaders. Research suggests that well-designed 
evaluation systems could have a direct and lasting effect on 
individual teacher performance and student academic 
achievement. However, there is significant disagreement about 
what constitutes a well-designed evaluation system and, 
furthermore, how such systems should be used by States, school 
districts, and schools to inform classroom practice and 
personnel decisions. Dr. Dan Goldhaber's testimony to the 
committee on January 27, 2015 observed that,

          ``[t]he country is in the midst of a large experiment 
        in reforming the way educators are evaluated. Since 
        2009, 49 States and the District of Columbia have 
        changed their evaluation systems, and in many cases 
        these changes are being fully implemented only now.''

    Furthermore, as the former Institute of Education Science 
Director Grover Whitehurst commented in a 2012 New York Times 
article, ``[t]here's a lot we don't know about how to evaluate 
teachers reliably and how to use that information to improve 
instruction and learning.'' The appropriate role of the Federal 
Government should be to leave decisions about how to design and 
implement fair and accurate ways to evaluate and support 
teachers, principals, and other school leaders to States and 
local school districts.
    The bill explicitly permits, but does not require, States 
and districts to use funding under part A to develop, improve, 
or provide assistance to LEAs to support the design and 
implementation of teacher, principal, and other school leader 
evaluation and support systems. If States use funding for these 
purposes, evaluation and support systems must meet minimal 
requirements, including they must be partly based on evidence 
of student academic achievement, which may include student 
growth. While evaluations must be based on student academic 
achievement, it is up to States to decide how student 
achievement will be measured, including whether standardized 
test scores are included. Evaluation systems funded by title II 
must also use multiple measures of educator performance as 
determined by the States, and provide clear, timely, and useful 
feedback to teachers, principals, and other school leaders.
    In order to maintain State and local control of the 
development or implementation of teacher, principal, or other 
school leader evaluation systems, the bill prohibits the 
Secretary or any other officer or employee of the Federal 
Government from mandating, directing, or controlling the 
development, improvement, or implementation of elements of 
these evaluation systems, specific definitions of teacher, 
principal, or other school leader effectiveness, or 
professional standards, certifications, or licensing 
requirements in States or LEAs.
Formula Grants to States
    The committee bill changes the formula for how allotments 
to States under part A are determined under current law. Under 
NCLB, each State's allocation is based 65 percent on poverty 
levels and 35 percent based on student population. The law also 
includes a hold-harmless provision to ensure that no State's 
annual allocation will be less than it received in fiscal year 
2001 under the former Eisenhower Professional Development and 
Class-Size Reduction programs, the year before the law was 
enacted. Only funding in excess of the hold-harmless amount is 
distributed to States based on the 65-35 formula. This hold 
harmless provision is based on student population counts from 
2001 and allocates funding without accounting for where 
students may live now.
    The committee bill updates the funding formula under part 
A. The bill re-adjusts State allocations to be based 80 percent 
on poverty levels and 20 percent based on student population 
with the purpose of ensuring that funding is allocated more 
substantially to States with larger populations of low-income 
students. Furthermore, the bill removes the hold-harmless 
provision under current law and replaces it with a 7-year ramp-
down of the provision, in order to minimize the immediate 
impact of the loss of funding due to the removal of the hold 
harmless on States. By fiscal year 2022, all of the title II 
funds will be distributed based on the new formula--80 percent 
based on poverty levels and 20 percent based on student 
population.
    The committee bill maintains the flexibility provided in 
current law to States in setting-aside up to 5 percent of 
funding under part A for a variety of activities related to 
teachers, principals, and other school leaders. The bill 
provides an expanded list of allowable programs or activities 
that States may choose to use funds in support of, as well as 
other activities that the State identifies that are evidence-
based and meet the purposes of part A. The committee intends 
the allowable activities included in the bill to be 
illustrative, rather than exhaustive, with the goal of 
providing States with maximum flexibility to determine how to 
prioritize and dedicate resources. While the bill highlights 
teacher, principal, and school leader residency programs 
throughout title II, the committee does not intend to prohibit 
already certified, licensed, or practicing teachers, 
principals, or other school leaders from entering into those 
programs.
    Extensive research shows that school leadership is second 
only to teacher quality among school-related factors that 
influence student achievement. While teacher quality has the 
greatest impact on achievement, principal quality determines 
whether schools can attract and retain effective teachers. 
Historically, States and LEAs have used very little of their 
title II, part A, funds to support the professional development 
or training of principals. The committee bill contains an 
optional 3 percent set-aside within part A for States to 
dedicate toward activities related to principals and other 
school leaders. States may reserve an additional 3 percent of 
funding allocated under part A from the amount otherwise 
reserved for sub-grants to LEAs, so long as this reservation 
would not result in a reduction in the amount of funding that 
LEAs received during the previous year. States may use this 
funding on any State activities described in this section that 
are specifically focused on principals and other school 
leaders. States should prioritize and use funds under this 
optional set-aside for recruiting, preparing, developing, 
supporting, and retaining principals and other school leaders. 
Given a principal's critical role in improving teacher 
effectiveness and increasing student achievement, State 
investments in principals and other school leaders are an 
efficient means to promote and sustain school improvement.
    The bill also includes a new requirement that States must 
consult with educators, community partners, and other 
organizations or partners with relevant and demonstrated 
expertise in programs and activities designed to increase the 
quality of, and student access to, effective teachers, 
principals, and other school leaders.
Subgrants to LEAs
    The committee bill makes important changes intended to 
provide LEAs with significant flexibility in how title II 
funding is used to meet local needs, while also strengthening 
the process by which LEAs make those determinations. The 
committee recognizes that title II funding is often spent by 
local school districts on activities that are not supported by 
evidence and are unlikely to improve student achievement. The 
Federal Government can play an important role in ensuring 
taxpayer dollars are spent effectively and efficiently. But the 
Federal Government should not impose overly prescriptive 
requirements that limit the ability of local school districts 
to invest in innovative approaches that meet the distinct needs 
of their students and communities. The committee bill enables 
LEAs to make meaningful and thoughtful decisions about how to 
spend limited resources and are consulting with relevant local 
stakeholders, while also not dictating what those ultimate 
decisions should be. The bill requires an increased focus on 
low-performing schools in title II by directing local 
educational agencies to prioritize funds to schools that have 
been identified as low performing or have high percentages of 
low-income students. ECAA also requires LEAs that have a 
significant number of low-performing schools to seek the input 
of their States when implementing title II activities.
    The bill seeks to improve the quality and usefulness of the 
needs assessments that LEAs are required to conduct under 
current law, which are intended to direct resources toward the 
schools that have the most acute needs. The bill expands the 
list of factors that LEAs are required to consider in their 
needs assessment, while also allowing LEAs to include any other 
evidence-based factors that they determine are appropriate to 
address the needs of local schools. LEAs must consult with a 
variety of educators, educator organizations, parents, and 
other partners with relevant and demonstrated expertise during 
the development of the LEA needs assessment, as well as on an 
ongoing basis, in order to help inform and improve the 
implementation and coordination of LEA activities under this 
part. The bill further ensures that districts implement 
activities that are consistent with principals of effectiveness 
based on an assessment of objective data, established and 
evidence-based criteria, and meaningful and ongoing 
consultation with educators, community partners, and relevant 
institutions of higher education. The allowable LEA activities 
included in the bill are intended by the committee to be 
illustrative, rather than exhaustive, with the goal of 
providing LEAs with maximum flexibility in determining how to 
prioritize and dedicate funding. In recognition of the 
importance of school leadership, the committee also 
incorporates support for principals and other school leaders in 
numerous activities toward which LEAs may direct their title 
II, part A, funds. The committee also notes that there are 
numerous educators in school buildings, including 
paraprofessionals, also known as paraeducators, who could 
benefit from professional development and opportunities to 
improve their practices, and thus should be included in these 
activities, if determined appropriate by the LEA.
Improving Equitable Access to Teachers
    The bill clarifies that title II funds can be used to 
improve equitable student access to effective teachers, 
principals, and other school leaders. A State and LEA focus on 
supporting equitable student access to teachers can help close 
achievement gaps across the country.
Programs of National Significance
    The committee bill authorizes the Secretary to set aside 
not less than 40 percent of funding under section 2105 to award 
competitive grants focused on supporting effective educator 
development. Competitive grants may be awarded to institutions 
of higher education and national non-profit organizations to 
implement a variety of activities related to teacher 
recruitment, selection, preparation, and professional 
development and enhancement, including activities focused on 
increasing the supply and quality of teachers and/or principals 
from non-traditional preparation and certification routes 
serving in traditionally underserved LEAs.
School Leader Recruitment and Support Programs
    The committee bill authorizes the Secretary to set aside 
not less than 40 percent of funding under section 2105 to award 
competitive grants to States or school districts to improve the 
recruitment, preparation, support, and retention of school 
principals and other school leaders serving in high-need 
schools. Such activities may include training specifically 
focused on turning around low-achieving schools. Principals are 
not only operational leaders responsible for establishing a 
safe, supportive, and personalized school environment, they are 
also instructional leaders that must provide ongoing coaching 
and mentoring to teachers and students. As the role and 
responsibilities of school leaders continues to expand, this 
authority will help States directly support the needs of 
principals and other school leaders so that they can be most 
effective.

     TITLE II, PART B: TEACHER AND SCHOOL LEADER INCENTIVE PROGRAM

    The committee bill authorizes a Teacher and School Leader 
Incentive Fund, a program similar to the TIF program that was 
first authorized in 2006 through title V, part D of the 
Departments of Labor, Health and Human Services, and Education, 
and Related Agencies Appropriations Act. However, the committee 
makes a number of important changes to the program. The bill 
maintains the core focus of the TIF program, which currently 
provides grants to States and LEAs to develop, implement, or 
improve performance-based compensation systems for teachers and 
principals, particularly those working in high-need schools. 
The bill also expands the program to allow States and LEAs to 
develop, implement or improve human capital management systems 
for teachers, principals, and other school leaders, especially 
those in high-need schools. The bill will enable grantees to 
focus more broadly on improving how LEAs implement human-
capital management decisions, while also maintaining the core 
focus of the TIF program by requiring those broader uses of 
funds to include a performance-based compensation system. 
States and LEAs may also use funding to develop and improve 
evaluation and support systems that reflect clear and fair 
measures of educator performance, are based in part on student 
academic achievement, and provide educators with personalized 
support and feedback for improvement.
    TIF, as a competitive grant program, can provide a powerful 
incentive to enable States and local school districts, in 
collaboration with educators, to develop and implement 
innovative ways of evaluating and rewarding outstanding 
teachers, principals, and other school leaders. Incentivizing 
States and districts, rather than imposing a prescriptive 
Federal mandate, will have a more effective and positive impact 
on the long-term success of educator evaluation, support, and 
compensation systems. Under the TIF program, each eligible 
entity will be eligible to receive up to two grants, even if 
the entity had previously received grants under the Teacher 
Incentive Fund prior to the enactment of ECAA.

        TITLE II, PART C: AMERICAN HISTORY AND CIVICS EDUCATION

    The committee bill authorizes an American history and 
civics education program. Until the 1960s, civics education was 
a regular part of the high school curriculum. Since then, our 
students' knowledge of the basic civic duties and history of 
our Nation has been in steady decline. The 2010 National 
Assessment of Educational Progress--the Nation's Report Card--
results showed that less than a quarter of 8th and 12th-grade 
students scored at or above proficient in civics, while only 18 
percent of 8th graders and 13 percent of 12th graders scored at 
or above proficient in U.S. History.
    The bill combines several programs authorized under current 
law that are focused on improving the quality of American 
history and civics education and instruction in elementary and 
secondary schools. Section 2302 authorizes the Secretary to 
award competitive grants to LEAs, in partnership with 
institutions of higher education, nonprofit organizations, 
libraries, or museums to promote and improve the quality of the 
teaching of traditional American history as a separate subject 
in our public schools. Section 2303 authorizes competitive 
grants to nonprofit organizations to establish presidential and 
congressional academies that will provide opportunities for 
teachers of American history and civics, as well as outstanding 
students of these subjects, to attend summer institutes or 
seminars that will strengthen and broaden their knowledge of, 
and exposure to, these subjects. Section 2304 authorizes 
competitive grants to nonprofit organizations to promote 
innovative and evidence-based approaches to history, civics, 
and geography instruction, learning strategies, and 
professional development activities for educators, particularly 
those serving low-income students in underserved areas.

         TITLE II, PART D: LITERACY EDUCATION FOR ALL, RESULTS 
                             FOR THE NATION

    The Literacy Education for All, Results for the Nation 
(LEARN) program calls for effective, comprehensive literacy 
instruction from birth through grade 12, ensuring that children 
are appropriately supported at each stage in their academic 
development. The committee also acknowledges that States and 
school districts should thoughtfully develop and implement 
plans that reflect the wide range of literacy service providers 
and literacy expertise within a State, as well as the unique 
needs of local communities. The bill articulates that federally 
supported professional development programs must be ongoing and 
include a diverse group of professionals who support children 
in literacy development, including teachers, principals, other 
school leaders, librarians, and specialized instructional 
support personnel. Professional development should also reflect 
what teachers and school leaders believe they need to be 
effective, including a needs assessments and implementation of 
evidence-based instruction.

   TITLE II, PART E: IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND 
            MATHEMATICS INSTRUCTION AND STUDENT ACHIEVEMENT

    To ensure future competitiveness in the global economy, 
America requires a workforce highly skilled in science, 
technology, engineering, and mathematics (STEM). The committee 
bill includes a new Improving Science, Technology, Engineering, 
and Math Instruction and Student Achievement program as part E 
of title II. The program will support States to improve student 
achievement in STEM by improving the quality and effectiveness 
of classroom instruction by recruiting, training and supporting 
excellent STEM teachers. It will allow States to use funds to 
improve the retention of high-quality STEM teachers, such as by 
establishing a statewide STEM Master Teacher Corps, improve the 
integration of informal and afterschool programs that target 
STEM subjects with classroom instruction, support the expansion 
of opportunities for low-income students to participate in 
STEM-related competitions, and close student achievement gaps 
and prepare more students to be on track for post-secondary 
education and the workforce without the need for post-secondary 
remediation in STEM subjects.
    For the purpose of this title, the committee would like to 
clarify that ``STEM education'' encompasses science, 
technology, engineering and mathematics, as well as other 
academic subjects, such as computer science, that build on 
these disciplines, are important to scientific discovery, 
business and industry, and that States identify as part of the 
State analysis required by section 2504(b)(1). The committee 
also recognizes the importance of increasing access for 
students who are members of groups underrepresented in STEM, 
which includes female students, minority students, students who 
are English learners, children with disabilities, and students 
from low-income families.

         TITLE III: LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS 
                         AND IMMIGRANT STUDENTS

    The committee recognizes that all English learners must 
receive additional instructional supports in order to gain 
English language proficiency and meet the same challenging 
academic standards that all children are expected to meet. The 
committee recognizes the difficulties that States and school 
districts have experienced with operating a separate 
accountability system for title III funds and seeks to empower 
States to develop a more responsive and State-designed system 
to meet the needs of their English learners.
    ECAA amends Title III of ESEA to accomplish two important 
goals: (1) better leveraging of funds for high-quality 
professional development and additional resources for English 
learners to support both their academic achievement and English 
language acquisition; and (2) supporting a State-designed 
system to measure and spur student progress in academic 
achievement and English acquisition and monitoring the success 
of English language acquisition programs.
State Requirements
    ECAA requires States to adopt uniform entry procedures for 
classification of a student as an English learner, including a 
requirement that students be assessed for English learner 
status within 30 days of enrollment, and exit procedures for 
students who reach English language proficiency and are no 
longer classified as English learners. The committee recognizes 
that many States are already engaged in this work to help 
ensure that achievement and acquisition data for English 
learners is valid and reliable across LEAs within a State. The 
committee expects such procedures to be developed with 
meaningful input from local educational agencies representing 
diverse geographic areas across the State, and take into 
account the practices of successful programs across the State. 
The committee also recognizes that LEAs may exercise discretion 
in continuing to provide services to students who are no longer 
classified as English learners, particularly when it comes to 
students in dual language immersion programs or students who 
may continue to need language support.
    The committee encourages the Department of Education to 
consider ways in which it can support LEAs that wish to utilize 
title III funds for students enrolled in Dual Language 
Immersion programs, such as by reducing bureaucratic burdens 
for them.
Timelines and Goals
    The committee recognizes that developing English language 
proficiency and mastering academic content knowledge are 
inextricably tied. While the bill eliminates requirements to 
develop annual measurable objectives and assess progress 
against such objectives, States will be responsible for setting 
goals for the percentage of students who are on track to reach 
full English proficiency based on a State-determined timeline. 
Such timelines will be based on the number of years that a 
State determines is appropriate to move a student from the 
lowest level of English proficiency to full proficiency. Goal 
setting is to be based on the student's initial proficiency 
level, and may also take into account the student's grade level 
and number of years he or she has been enrolled in a language 
acquisition program.
    LEAs will determine the percentage of students who are on 
track to reach full English proficiency based on State-
determined timelines, as well as the percentage of students who 
are meeting annual goals for progress on academic content exams 
in English language arts and mathematics. States will monitor 
LEAs and identify those LEAs that are not meeting or exceeding 
the State-determined goal. States will then take steps to 
assist school districts if strategies employed to improve 
English language proficiency are not effective. Such steps may 
include providing technical assistance and assisting to modify 
strategies to improve program effectiveness.
Reporting Requirements
    The committee recognizes that not all English learners have 
the same instructional needs. In particular, long-term English 
learners and English learners who are also a student with a 
disability face particular challenges and may need additional 
or different supports. In addition to measuring the percentage 
of all English learner students meeting timelines for English 
proficiency, the bill would require States to measure the 
percentage of long-term English learner students and English 
learners who are also a student with a disability.
Professional Development Projects
    The committee bill authorizes discretionary grant funding 
to institutions of higher education or public or private 
entities with relevant experience and capacity, in consortia 
with State or LEAs, to provide for relevant professional 
development, capacity-building, or evidence-based activities in 
the area of English language instruction. Authorized grants are 
to be awarded on a competitive basis and are not to exceed a 
period of 5 years. Such projects are to provide for 
professional development and other activities that will improve 
classroom instruction for English learners.

                  title iv: safe and healthy students

    Title IV of the ECAA restructures and amends Title IV of 
ESEA to address the following major issues:
Grants to States and Local Educational Agencies
    The committee recognizes the importance of safe, supportive 
environments for all students, and also nurturing the 
nonacademic skills of students. These skills, based on 
scientific research, are teachable and help students to 
succeed.
    The committee bill authorizes formula funds for grants to 
States and school districts for various activities to improve 
students' safety, health, well-being, and academic achievement 
during and after the school day. Funds can be used to build 
school district capacity to improve conditions for learning, 
promote safe and drug-free environments, prevent and reduce 
harassment and bullying, and strengthen parent and community 
engagement.
    States can use funds for activities related to training, 
technical assistance, and capacity building for school 
districts and must publically report on how funds are being 
used. States may also use funds to expand access and 
coordination of school-based counseling and mental health 
programs, activities and programs that offer a variety of well-
rounded educational experiences to students, and other 
activities that foster a safe and healthy environment for 
students. States will provide an assurance that they will 
review existing resources and programs related to student 
safety and well-being, coordinate any new plans and resources 
with existing State activities, and describe how they will use 
funds for the State-level activities.
    School districts are eligible to receive a subgrant from 
the State as a single school district or as part of a 
consortium of school districts and may also partner with 
nonprofit organizations with a demonstrated track-record of 
success in implementing activities under this part. To receive 
funding a school district must conduct a needs assessment 
through consultation with various stakeholders. The needs 
assessment takes into account school level measures of school 
quality, climate, safety, and discipline. Additional risk 
factors in the community, school, and family are also 
considered, and funding must be prioritized among the schools 
with the greatest need. School districts will use funds to 
foster safe, healthy, supportive and drug-free environments 
that support academic achievement. These activities may include 
drug and violence prevention activities, programs that support 
extended learning opportunities, school-based mental health 
services and supports, including programs that train school 
personnel to identify the warning signs of youth drug abuse and 
suicide, mentoring programs, guidance counseling, 
implementation of positive behavioral interventions and 
supports, programs or activities such as nutritional education, 
physical education, or physical activity and fitness programs, 
programs or activities designed to increase school safety and 
improve school climate, programs to support a well-rounded 
education, and other activities that are identified by the 
school district through their needs assessment.
    The committee bill requires compliance with proper privacy 
laws. No funds in this part may be used for construction, 
medical services or drug treatment or rehabilitation, except 
for integrated student supports or referral to treatment for 
impacted students, which may include students who are victims 
of, or witnesses to, crime or who illegally use drugs. There is 
also a prohibition on mandatory medication consistent with the 
Controlled Substances Act.
Other Title IV Programs
            21st Century Community Learning Centers
    The committee bill reflects broad bipartisan support for 
several programs within the ECAA. The committee recognizes that 
the 21st Century Community Learning Center (21st CCLC) 
initiative is the only dedicated Federal funding source 
authorized specifically to support before-school, afterschool, 
and summer learning programs for students attending high-
poverty, low-performing schools. Data demonstrates that high 
quality afterschool programs have a positive impact on a number 
of measures of student academic achievement, in-school behavior 
and discipline, homework completion, and out-of-school risky 
behaviors, and that they allow parents to remain productive at 
work without worry about their children's safety.
    The committee unanimously supported an amendment by 
Senators Murkowski, Franken, Sanders, Cassidy, Collins, 
Baldwin, and Warren to reauthorize and strengthen the 21st CCLC 
program in order to support academic and enrichment activities 
that are aligned with challenging State academic standards and 
to increase student achievement and enhance student engagement. 
The amendment requires States to award 21st CCLC funds to 
eligible entities for community learning centers that provide 
before-school, afterschool and summer learning programs. The 
amendment also allows States to award grants to support those 
enrichment and engaging academic activities described in 
section 4205(a) that an eligible entity delivers as part of an 
expanded learning program that meets certain requirements, and 
that portion of the salaries of teachers and other 
instructional staff who provide such activities. In order to be 
eligible, an expanded learning program must add at least 300 
program hours before, during or after the traditional school 
day, week, or year, supplement but not supplant the traditional 
school day, week, or year requirements or activities that the 
school would otherwise provide in the absence of the 21st CCLC 
funds, and meet the requirements of section 4204(i). The 
committee further advises that 21st CCLC funds may not be used 
to pay costs associated with any other activities described in 
section 9101(22). These changes will ensure 21st CCLC funds 
will provide enriching, high-quality care to students during 
the hours when parents are at work and students would otherwise 
be unsupervised.
            Elementary and Secondary School Counseling
    The committee also approved the inclusion of an amendment 
offered by Senator Franken to reauthorize the Elementary and 
Secondary School Counseling Program (ESSCP). This program is 
critically important to thousands of students, allowing 
districts to hire school counselors, school psychologists, 
school social workers, and other school-based mental health 
service providers to help students deal with academic, 
nonacademic, and behavioral challenges, and college planning 
and career development, putting them on a path to a more 
successful future. The ESSCP has served tens of thousands of 
students nationwide since it began as a demonstration program 
in 1999. Students need access to support services and the 
professionals that help remove barriers to learning.
            Physical Education
    The committee recognizes the important role physical 
education plays in a student's school day and that lessons 
provided through physical education can help enhance a 
student's physical and mental health, as well as their academic 
achievement. The committee approved the inclusion of an 
amendment offered by Senator Baldwin to reauthorize the 
Physical Education Program (PEP), a dedicated funding stream 
for physical education. PEP enables schools and community 
organizations to initiate, expand, and improve school physical 
education.
    For over a decade, PEP has enabled schools to create 
innovative physical education and nutrition programs and train 
teachers in an effective manner. PEP requires schools to focus 
on the sustainability of these programs and to ensure that the 
entire school community is benefiting. The intention of the 
committee is that funds allocated for physical education 
programs include innovative best practices that can be shared 
with other schools, districts, and States.
            School Emergency Response to Violence
    The committee also approved inclusion of an amendment by 
Ranking Member Murray to authorize Project SERV (School 
Emergency Response to Violence program). The Nation's schools 
must increasingly respond to a number of emergency situations, 
including school shootings, natural disasters, and other 
violent and traumatic events. After these events, schools often 
incur additional costs to provide supports for their students 
and communities, including additional staff time, 
transportation costs, counseling services, and crisis-response 
training. The committee recognizes the need to provide support 
for these schools in which the learning environment has been 
disrupted.

     title v: empowering parents and expanding opportunity through 
                               innovation

    Title V of the ECAA focuses on innovation and parental 
choice. This title includes important changes and updates to 
programs relating to public charter schools, as well as minor 
updates to the Magnet School Program. The bill also includes 
dedicated funding for member priorities, including funding for 
education technology, innovation, accelerated learning 
programs, gifted and talented programs, Ready-To-Learn 
Television, literacy and arts programs, and early learning 
alignment and improvement grants.
Public Charter Schools
    Part A of title V of the ECAA authorizes the Federal 
Charter Schools Program by improving charter school 
authorizing, quality, and access. This bill is reflective of 
the Empowering Parents through Quality Charter Schools Act, a 
bill that has received bipartisan support in the Senate. In 
addition, its similar House companion, the Success and 
Opportunity through Quality Charter Schools Act passed the 
House of Representatives with overwhelming support from both 
Democrats and Republicans.
    High-quality charter schools offer parents important 
choices for avenues through which they can improve their 
children's future. In addition, the charter model affords 
greater autonomy for teachers and principals to design an 
instructional program that meets the needs of their students. 
In the 2014-15 school year, nearly 3 million children are 
attending more than 6,700 public charter schools in 43 States 
and the District of Columbia. The ECAA solidifies Federal 
support for high-quality charter schools with a proven record 
of success and improves access for traditionally underserved 
populations, while giving States flexibility to invest in new 
school models and encouraging them to strengthen charter school 
authorizing practices.
    On promoting stronger authorizer quality and practices in 
particular, this bill includes a provision that reserves 7 
percent of each State grant to support initiatives to improve 
authorizing practices. State grantees should support 
authorizers in developing capacity for and conducting fiscal 
oversight and auditing of charter schools and ensuring that 
charter schools are recruiting, enrolling, retaining, and 
meeting the needs of all students, including each of the 
categories of students as defined in the bill. Additionally, 
the bill requires State grantees to describe how they will 
provide oversight of authorizer activities in their 
application. The committee intends the requirement to describe 
such oversight activities will not inhibit participation in the 
program by States with legal, constitutional, or structural 
barriers that constrain the State's authority over the 
authorized public chartering agency or the type or number of 
authorized public chartering agencies. Additionally, oversight 
of authorizing activity must not abolish all public chartering 
agencies in a given State. The committee bill ensures that 
authorizers have the flexibility they need to ensure charter 
schools meet their expectations and still operate in an 
autonomous manner to meet the goals of the school. Furthermore, 
the bill references three categories of performance measures 
several times when addressing a quality charter school sector 
and authorizing practices: academic, financial, and 
operational. In this context, operational performance measures 
are intended to focus on the charter school's fulfillment of: 
legal obligations, fiduciary duties, and sound public 
stewardship.
    In modernizing the program, ECAA combines two existing 
programs into one cohesive Charter Schools Program consisting 
of three grant competitions: High-Quality Charter Schools, 
Facilities Financing Assistance, and Replication and Expansion 
Grants.
    The committee provides High-Quality Charter School grants 
to State entities to start new charter schools and to replicate 
or expand high-quality charter schools. The bill also offers 
more flexibility to charter school developers to fund startup 
costs associated with developing facilities, hiring and 
preparing teachers, and providing transportation. Continued 
support for financing charter school facilities occurs through 
Facilities Financing Assistance grants, which include grants to 
public or private nonprofit entities to demonstrate innovative 
methods of enhancing credit to finance the acquisition, 
construction, or renovation of facilities for charter schools. 
These grants will encourage States to ensure their charter 
schools are able to access suitable facilities. Additionally, 
following the efforts of the Appropriations committee to 
support a reservation for replication and expansion of high-
quality charter school models, ECAA provides grants directly to 
charter management organizations under National Activities for 
the purposes of replicating and expanding models with a 
demonstrated record of success, including by meeting a rigorous 
definition of quality.
    ECAA includes provisions to ensure greater compliance with 
the Federal definition of a charter school. Instances of 
subgrants awarded to schools that do not continue operating as 
a charter school or revert to district control after their 
grant ends threatens the integrity of the program. These new 
application requirements will ensure that State entities 
demonstrate how they will safeguard against making awards to 
proposed schools without true autonomy over personnel, budget 
and operations, and other characteristics that are required 
through the Federal definition of a charter school.
    Finally, the Charter School Program must focus not only on 
increasing the number of charter schools available, but also on 
increasing the number of quality education options for parents. 
ECAA provides additional tools to assist charter schools in 
reaching all students who may benefit from the opening or 
expansion of new charter schools. In particular, this 
legislation includes provisions to help grantees reach out to 
charter school developers and school leaders to recruit 
traditionally underserved students, including students with 
disabilities and English language learners, promote inclusion, 
and meet the needs of those students. States must also describe 
how they will ensure effective community engagement in the 
implementation and operation of charter schools.
    High-quality, transparent, accountable charter schools that 
meet the needs of local communities are an important part of 
the educational ecosystem. By sharing best practices and 
collaborating with traditional public schools, high-quality 
charter schools can help to improve the academic achievement of 
all students. The committee bill makes needed improvements to 
emphasize charter school quality, accountability, and equity.
Magnet Schools Assistance
    Part B of title V of the ECAA reauthorizes the Magnet 
School Program (MSP), which offers students unique 
opportunities to attend specialized schools with rigorous 
curricula. ECAA updates MSP to reward magnet school models with 
a proven track record of success and support evidence-based 
magnet school programs, including inter-district and regional 
magnet programs. The bill also requires magnet school programs 
to assess, monitor, and evaluate the impact of the activities 
to improve socioeconomic and racial integration and student 
achievement. The committee recognizes that magnet school 
programs may need to utilize MSP funding to provide 
transportation for students during the initial years of a 
magnet program, but expects that magnet school programs will 
have a plan for ensuring that funding for transportation is 
sustainable beyond the grant period. Finally, the bill also 
makes adjustments to the grant cycle to a 3-year grant period, 
while allowing for opportunities to apply for a 2-year 
extension further to reflect the time necessary to startup a 
successful magnet school program.
Other Title V Programs
    The committee bill recognizes the importance of dedicated 
funding for several programs related to member priorities. The 
rest of title V includes funds for seven programs, including:

     Supporting High-Ability Learners and Learning
     Education Innovation and Research
     Accelerated Learning
     Ready to Learn Television
     Education Technology
     Literacy and Arts Education
     Early Learning Alignment and Improvement Grants
Supporting High-Ability Learners and Research
    The committee recognizes the importance of closing 
achievement gaps between student populations, including the 
gaps at the top of the achievement spectrum. The committee bill 
seeks to build State and school district capacity to close 
those gaps by addressing the learning needs of students with 
high ability from populations that are underrepresented in 
gifted education programs and in other advanced learning 
opportunities, including economically disadvantaged students, 
English learners, and students with disabilities. Understanding 
the link between high quality research activities and best 
classroom practices, ECAA reauthorizes the Jacob K. Javits 
Gifted and Talented Students Education Program, through which 
coordinated demonstration projects, innovative strategies, and 
other evidence-based programs, can assists schools in 
identifying and serving high-ability students who may not be 
identified as gifted through traditional assessment methods.
Innovation Fund
    This amendment would create a dedicated funding stream to 
support the development, implementation, replication, and 
scaling up of evidence-based practices that encourage 
innovations in policy and practice. This grant would provide 
flexible funding for a broad range of field-driven projects and 
allow schools, districts, non-profits, and small businesses to 
develop proposals based on the specific needs of students and 
the community. Grants would be awarded based on past success, 
with funding levels tied to the strength of the evidence the 
applicant is able to present of their program's effectiveness.
Accelerated Learning
    The committee adopted an amendment to maintain support for 
accelerated learning programs which include Advanced Placement 
(AP) and International Baccalaureate (IB) courses, dual 
enrollment programs, and early college high schools in order to 
better provide low-income students with access to rigorous 
coursework that can ultimately lead to college credit.
    The bill updates current law program provisions to 
authorize State educational agencies to use grant funds to 
reimburse low-
income students to cover part or all of the costs of 
accelerated learning examinations that are widely accepted for 
credit at institutions of higher education and provide 
resources to increase the number of teachers and students in 
high-need schools to participate in accelerated learning 
courses, dual enrollment programs, and early college high 
school courses.
Ready to Learn Television
    The committee reauthorizes the Ready to Learn program in 
order to leverage the power and reach of public television to 
help prepare children, especially disadvantaged children, to 
enter school. Ready To Learn grants shall be made available 
only to public telecommunications entities with a demonstrated 
track record in high-quality educational television production, 
distribution at the national and local levels, and in 
increasing early learning skills for preschool and/or 
elementary school-aged children, especially in literacy, math, 
and/or science. The committee urges the Department of Education 
to work with local and national public television entities to 
ensure that Ready To Learn content has the broadest reach and 
continues to provide the greatest positive educational impact 
for our Nation's children.
Innovative Technology Expands Children's Horizon (I-TECH)
    The bill includes a program to increase student learning by 
ensuring that students have access to a personalized learning 
experience supported through technology, and that educators 
have the knowledge and skills to use technology effectively. 
The committee intends for grants to be provided by formula, 
however, should appropriations for the I-TECH program be below 
$300 million in a fiscal year, State educational agencies will 
award grants to districts on a competitive basis.
Literacy and Arts
    Title V, Part C of the Every Child Achieves Act of 2015, 
continues activities currently implemented through the 
Innovative Approaches to Literacy program that support national 
nonprofit organizations or school libraries in providing books 
and childhood literacy activities to children and families 
living in high-need communities. These programs will continue 
support for developing and enhancing effective school library 
programs, including professional development for school 
librarians and providing books and up-to-date materials. The 
committee expects that funds will be used to assist school 
libraries in increasing access to a wide range of print and 
electronic resources that provide learning opportunities to all 
students, but particularly those less likely to have access to 
such materials at home in a similar fashion to how the program 
is currently operating. ECAA also authorizes competitive 
funding to be used for promoting arts education for 
disadvantaged students and students who are children with 
disabilities. Activities may include professional development, 
development and dissemination of resources, and community and 
national outreach.
Early Learning Alignment and Improvement Grants
    The committee bill authorizes Early Learning Alignment and 
Improvement grants to provide funding for States that propose 
to improve coordination, quality, and access for early 
childhood education. These grants will assist States and local 
areas to target fragmentation and overlap across the various 
Federal, State, and local early childhood programs, and address 
substantial gaps in access to high-quality early learning and 
care that exist across States. States will apply for a 3-year, 
non-renewable grant and provide matching funds that support 
sustainable improvements and better coordination to focus on 
resources to low- and moderate-
income families. The bill also includes a setaside for States 
that propose to use program funds to serve underserved rural 
areas, which often lack high-quality early education programs, 
to ensure that funds are prioritized and available for rural 
areas that are often overlooked in the competitive grant 
process. The committee expects that States eligible under this 
setaside will use the large majority of funds to serve children 
living in rural areas.
    The committee understands the need for increased 
coordination across the various Federal, State, and local early 
childhood programs, and recognizes that funds may also be used 
for expanding access to existing quality early childhood 
education programs, and the development of such programs if no 
high-quality programs exist in the area. The committee intends 
that these grants will help States build on the work already 
undertaken to strengthen and build capacity in State and local 
systems by addressing incongruous programming and resources and 
improving program quality. The committee also calls attention 
to the availability of funds to support high-quality early 
learning and care for infants and toddlers. The bill includes a 
prohibition for this program on a Federal definition for what 
constitutes a high-quality program.

                  TITLE VI: INNOVATION AND FLEXIBILITY

Improving Academic Achievement
    The committee bill allows for the complete transferability 
of funds between part A of title II and title IV, and into 
title I for the supplemental education of low-income students. 
This flexibility is essential to ensuring that States and local 
communities have the Federal resources that they need to best 
equip their educators and schools for ensuring that every child 
is achieving to their maximum potential. Under ESEA waivers, 
many school districts are taking advantage of the flexibility 
that transferability provides in order to better serve 
students.
Rural Education Initiative
    The committee acknowledges that rural communities continue 
to face unique challenges, including those related to resources 
and staffing. ECAA reauthorizes both the Small, Rural School 
Achievement Program (SRSA) and the Rural and Low-Income School 
Program (RLIS).
    ECAA updates the locale codes that designate rural areas to 
ensure that the most accurate information is available in 
deciding eligibility for rural education programs. Since the 
2000 Decennial Census, improvements have been made to the 
geocoding technology necessary to more accurately determine 
which areas are rural and which areas are urban based upon 
proximity to metropolitan areas, rather than on population 
figures alone. Technological advancements as well as further 
work in accurately determining rural areas of the country by 
the Office of Management and Budget (OMB) provides greater 
confidence to the committee that rural education program funds 
will be better targeted and focused on truly rural areas, far 
from urban and metropolitan fringes. The committee acknowledges 
this shift in methodology will have an impact on grant 
recipients and includes hold harmless language for districts 
that were previously eligible for funding under this part. If a 
district is no longer eligible for funding due to the updated 
locale codes, but was previously eligible prior to the 
enactment of this bill, for fiscal year 2016, they will receive 
75 percent of the amount they received in fiscal year 2015, for 
fiscal year 2017, 50 percent of such funds, and for fiscal year 
2018, 25 percent of such funds.
    Further, the bill provides flexibility for school districts 
that qualify both for the RLIS and SRSA programs by giving 
school districts the option of choosing the program for which 
they would prefer to receive funding.

    title vii: indian, native hawaiian, and alaska native education

    Title VII of the committee bill makes changes to Title VII 
of ESEA that are designed to better focus the use of funds on 
programs and activities that meet the unique cultural, 
language, and educational needs of American Indian students to 
ensure that such students graduate from high school prepared 
for post-secondary education or the workforce without the need 
for post-secondary remediation. Key reforms included in the 
ECAA include additional flexibility to enable tribes and tribal 
educational agencies more authority over the education and 
development of Native students; improved collaboration between 
tribes and school districts; a focus on the provision of high 
quality early childhood education and care services to ensure 
that children begin school ready to learn and recognition of 
the critical role tribal leaders can play in the education and 
development of Native students.
Indian Education
    The committee bill authorizes grants to tribes and tribal 
educational agencies to promote the coordination and 
collaboration of tribal education agencies with States and LEAs 
to promote tribal self-determination in education. The goal of 
these grants funds are to enable tribes and tribal educational 
agencies to directly administer education programs, including 
formula grant programs under this Act with the cooperation and 
collaboration of State educational agencies and LEAs. The bill 
also authorizes a grant program to support the preservation and 
revitalization of Native American and Alaska Native languages. 
This grant program will support Native American and Alaska 
Native language immersion schools and programs, acknowledging 
the role that these programs can have in supporting the 
academic achievement. Funds shall be used to support Native 
American or Alaska Native language development, provide 
professional development for teachers, and to carry out other 
activities that will support the revitalization of Native 
American and Alaska Native languages.
Native Hawaiian Education
    The committee bill makes improvements to part B of Title 
VII of ESEA that are designed to improve the educational 
attainment and accomplishments of the Native Hawaiian 
community. The committee bill focuses on enhancing transparency 
and strengthening the Native Hawaiian Education Council's 
efforts to address the education and workforce needs of Native 
Hawaiian students. This is accomplished by redesigning the 
composition of the Native Hawaiian Education Council, and 
reaffirming its purpose to ensure the proper coordination of 
educational and related services and programs available for 
these students. It is the intent of the committee that Council 
members will include island community representatives with 
diverse education sector expertise.
Alaska Native Education
    The committee adopted a comprehensive amendment to 
restructure part C. Under this amendment, Alaska Native tribes, 
tribal organizations, and regional nonprofit corporations that 
have experience in providing programs and services that meet 
the purposes of part C, and such entities without such 
experience in partnership with LEAs, will be eligible to apply 
for a part C grant. This change is intended to maximize the 
leadership role of Alaska Native educators and leaders in the 
delivery of part C supplemental educational services to Alaska 
Native students. The committee also eliminated the earmarks 
built into the statute and updated the authorized activities to 
reflect the current and future needs of Alaska Native children, 
youth, and adults.
    The committee intends that in verifying which specific 
entities are eligible under part C definitions described under 
section 7306, the Department will look to the most current list 
of Alaska Native federally recognized tribes as published in 
the Federal Register pursuant to section 104 of the Federally 
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a) and, 
in verifying which specific entities are described pursuant to 
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.) that the Department will look to the list of Alaska 
Native Corporations and Regional Nonprofit Corporations 
published by the Alaska Federation of Natives at http://
www.nativefederation.org/resources/regional-organizations.
    The committee did not choose to limit eligibility in 
section 7304(a)(1)(C), to entities whose entire governing board 
is comprised of Alaska Native leaders, nor to set a specific 
percentage of such leaders that must be met. The committee does 
intend, however, that the Department will interpret the word 
``predominantly'' in the spirit of the Findings and Purposes of 
this part, specifically sections 7302(6) and section 7303(6) to 
ensure that any eligible applicant is, in fact, led by a 
significant majority of Alaska Natives.

                         title viii: impact aid

    Title VIII of the ECAA makes significant changes to the 
Impact Aid program under current law to address the following 
major issues:
Payments Relating to Federal Acquisition of Real Property
    The committee removed the complicated ``highest and best 
uses'' standard for identifying and then calculating the tax 
assessment classifications of taxable adjacent property. In 
exchange, the committee supports a simplified calculation based 
on the total taxable value of property within the LEA by then 
multiplying that value by the federally impacted acreage.
Payments for Eligible Federally Connected Children
    The committee recognizes the burden on both the LEA and the 
Department of Education in determining the number of children 
relocated off-base during the duration of a housing renovation, 
repair, modernization, or demolition project. The ECAA 
establishes a hold harmless student count based on the number 
of on-base children enrolled prior to the project start date. 
In addition, the ECAA defines what is considered a renovation, 
repair, and/or modernization project. Such terms do not include 
normal ``sustainment projects'' such as painting, carpeting or 
minor repairs. An eligible project must also be one that will 
last more than 30 days. It is the intent of the committee to 
lessen the time the Department currently spends conducting 
annual audits of students claimed as on-base students. The 
committee also included language to support the transition of 
consolidated LEAs related to their eligibility for the Impact 
Aid program.
    The committee bill addresses a pro-ratio problem with the 
Learning Opportunity Threshold (LOT) formula. It ensures that 
LOT formula dollars are equally prorated to school districts 
when funds are either less than required to fully fund the LOT 
formula as well as when funds are sufficient to increase the 
LOT percentage allocation above 100 percent. This change will 
ensure that all districts are treated equitably within the LOT 
distribution formula.
    In addition, the committee language updates the hold 
harmless provision under section 8003 of current law to ensure 
funding stability for districts that face a reduction in 
payments due to drops in student numbers as the result of base 
realignments, deployments, potential base closure, school 
consolidations or other unexpected local actions causing a drop 
in eligible federally connected students.
Authorization of Appropriations
    The committee bill adds language within section 8010 of 
current law requiring the Secretary of Education to pay LEAs 
the full amount that the agency is eligible to receive for a 
fiscal year by September 30 of the following fiscal year for 
which the payment is based. Many of these changes were made in 
the fiscal year 2013 and fiscal year 2015 National Defense 
Authorization Act, but with a sunset.

                      TITLE IX: GENERAL PROVISIONS

    Title IX of the ECAA amends title IX of current law to 
address the following major issues:
Definitions
    The committee bill updates important definitions under the 
ESEA.
    Graduation Rates: ECAA codifies the terms ``4-year adjusted 
cohort graduation rate'' and ``extended-year adjusted cohort 
graduation rate,'' as defined in the 2008 regulation from the 
Department of Education. States would be required to use the 4-
year rate for accountability and reporting purposes, and 
allowed to use the extended year rate. In 2005, all 50 of the 
Nation's Governors agreed to a common definition for 
calculating high school graduation rates.
    Core Academic Subjects: ECAA expands the current law 
definition of core academic subjects to also include writing, 
engineering, computer science, music, physical education, and 
any other subject determined by the State or school district. 
For the purposes of this definition, the term ``arts'' may 
include the subjects of dance, media arts, music, theatre and 
visual arts, and other arts disciplines as determined by the 
State or local educational agency.
    Early Childhood Education Program: ECAA uses the Higher 
Education Act definition for this term to standardize it across 
Federal education laws.
    Evidence-Based: ECAA includes a definition of evidence-
based that contains 4 tiers of evidence. This means an activity 
must demonstrate a:

     statistically significant effect on outcomes based 
on: (1) strong evidence; (2) moderate evidence; or (3) 
promising evidence; and
     (4) rationale that is based on high-quality 
research findings that such activity is likely to improve 
student outcomes and includes ongoing efforts to examine the 
effects of such activity.

    All activities under part A of title I of the ECAA must 
meet the strong or moderate evidence base. The committee 
intends to ensure that activities are based on the highest 
available level of evidence, starting with rigorous, well-
designed studies or building evidence on effectiveness if no 
such evidence is available.
    Professional Development: ECAA updates this definition to 
focus more on providing high-quality, sustained, intensive, 
collaborative, job-embedded, data-driven, and classroom-focused 
professional development to teachers that is not 1-day or 
short-term workshops or conferences. This will help ensure 
professional development focuses on supporting teachers in 
addressing the actual needs of their classroom students. The 
committee does not intend to disrupt on-going educator 
preparation work and professional development offered at 
institutions of higher education or other public or private 
entities.
    Paraprofessional: ECCA includes a definition of 
paraprofessional to clarify that paraprofessionals are also 
known as paraeducators and include education assistants and 
instructional assistants.
Waivers
    ECAA clarifies and limits the Secretary's authority to 
issue waivers of the statutory and regulatory requirements of 
ESEA. The bill clarifies that LEAs submit waiver requests 
through the State, and schools submit waiver requests through 
LEAs, who then submit those school waiver requests through the 
State. The intent of this language is to ensure the Department 
of Education cannot go around a State's authority for education 
by allowing local school districts and schools to request 
waivers from the law directly to the Secretary. ECAA is clear 
that the Secretary may not add, impose, or require any new 
conditions on States, school districts, and schools in exchange 
for granting a waiver.
    The committee bill maintains the authority of the Secretary 
to provide waivers of certain statutory and regulatory 
requirements to States and school districts affected by 
unexpected and unforeseen circumstances, while prohibiting this 
authority from being used to place new mandates or requirements 
on States and school districts in exchange for that 
flexibility. Under the bill, waiver requests will only contain 
information directly related to the statute to be waived. The 
entity requesting the waiver will also describe how waiving 
those statutory requirements will increase the quality of 
instruction for students and improve the academic achievement 
of students. Additionally, the bill updates the timeline for 
the approval process for the waivers to mirror the timeline for 
the approval process for title I plans. The Secretary shall 
approve or disapprove a waiver request not more than 90 days 
after it is submitted unless the Secretary determines that the 
waiver does not meet the requirements of section 9401, which 
include a demonstration by the State that the waiver will 
increase student achievement, or that the waiver is not 
permitted under ECAA. If the Secretary finds the waiver request 
does not meet the requirements for such a request, the 
Secretary shall provide States with immediate notice, a 
detailed reason for the determination, an opportunity to revise 
and resubmit the waiver request, and an opportunity for a 
public hearing.
    The bill maintains authority for the Secretary to terminate 
a waiver if, after providing States with notice, a 
justification for determination, and an opportunity for a 
hearing, the Secretary presents substantial evidence that 
clearly demonstrates that the waiver is not making progress 
toward improving student academic achievement, or if the waiver 
is no longer necessary to achieve its original purposes.
Prohibitions
    The committee bill expands prohibitions on the Federal 
Government and use of Federal funds. The bill is clear that an 
officer or employee of the Federal Government, through grants, 
contract, or other cooperative agreements cannot mandate, 
direct, control, incentivize, or make financial support 
conditioned upon adoption of any specific instructional 
content, standards, assessments, curriculum, or program of 
instruction, including the Common Core State Standards. This 
language will help address long-standing concerns that the 
Federal Government became too involved pushing States to adopt 
the Common Core.
State and Local Protections
    The committee bill maintains and improves important 
protections in current law, including Prohibition Against Funds 
for Religious Worship or Instruction; Private, Religious, and 
Home Schools; Prohibition Regarding State Aid; Privacy of 
Assessment Results; School Prayer; Equal Access to Public 
School Facilities; Prohibition on Nationwide Data base; 
Prohibition on Discrimination; and Sec. 9534 Civil Rights.
Consultation with Indian Tribes and Tribal Organizations
    This provision requires local educational agencies with 
enrollments of American Indian and Alaska Native students above 
specified thresholds to engage in meaningful and timely 
consultation with representatives of local tribes or tribal 
organizations during the design of services and activities 
under all covered programs, as defined by the bill.
    The purpose of these provisions is to better meet the 
unique cultural, language, and educational needs of American 
Indian and Alaska Native students. These provisions will help 
to address concerns that tribal representatives, who know the 
needs of their Indian children best, can provide valuable 
guidance about how to best meet these needs before decisions 
are made about how to best serve them and meet their needs in 
the public school setting.
Rural Education
    The committee acknowledges that rural districts face unique 
challenges when implementing the requirements of this bill. 
ECAA provides additional support and flexibility to rural 
school districts by requiring the Secretary of Education to 
engage in outreach to rural districts on opportunities to apply 
for competitive grant programs and, if requested, to provide 
technical assistance to rural districts most likely to need 
support. The bill also allows for two or more rural local 
educational agencies or educational service agencies to submit 
a consolidated plan for funded programs, and requires State 
educational agencies to consult with rural school districts 
when developing their State plan in order to receive title I 
funding.
Program Evaluations
    The committee bill reinforces that the Institute of 
Education Sciences (IES) is the main evaluation arm of the 
programs operated by the Department of Education. The bill 
directs the Secretary of Education to work with IES if the 
Secretary chooses to exercise authority to reserve 0.5 percent 
of funds from each program for an evaluation. All authority for 
program evaluation is consolidated into section 9601 of the 
bill. The bill also ensures that funds be prioritized for 
impact program evaluations to gather useful information on if 
Federal education programs are working to increase student 
achievement. The bill requires IES to develop a multi-year, 
comprehensive plan for carrying out evaluations, and submit 
that plan to Congress and the public for review and comment. 
This will help ensure program evaluations are coordinated, 
objective, and provide useful information regarding the 
effectiveness of Federal education initiatives.
Program Consolidation
    While maintaining dedicated funding for important and 
critical programs for student success, the committee bill 
consolidates 49 programs under current law. The committee 
intends to allow more flexibility to States and school 
districts to use funding in the innovative ways that they feel 
will help improve student achievement.

           TITLE X: EDUCATION FOR HOMELESS CHILDEN AND YOUTHS

McKinney-Vento Homeless Assistance Act
    The committee recognizes the unique challenges to academic 
achievement faced by the growing population of homeless 
students. In the 2012-13 school year, public schools enrolled 
1,360,747 homeless children and youth--a 100 percent increase 
since the 2006-7 school year. The ECAA helps these children and 
youth by removing barriers to their identification, enrollment, 
attendance, and success in school. The amendments build on 
current law to enhance school stability and access to 
educational opportunities for all homeless children, including 
preschool-age homeless children. In particular, the bill 
ensures that school district liaisons have the necessary time 
and training to fulfill their responsibilities, and improves 
provisions designed to increase school stability for homeless 
students. The bill also ensures that homeless youth have access 
to all services provided by the State and school districts, 
including charter and magnet schools, summer school, career and 
technical education, advanced courses, online learning 
opportunities, enhanced credit accrual, and extra-curricular 
activities.
    The committee is concerned about the history of inadequate 
oversight by the U.S. Department of Education of this important 
Federal program, as evidenced in a recent GAO report (GAO 14-
465). The committee expects that the Department will recognize 
the urgent need to improve oversight, and dedicate sufficient 
time, effort, and attention to the implementation of the 
amendments contained in this section, and to the oversight of 
this program in general.

                    IV. Regulatory Impact Statement

    The committee has determined that there will be minimal 
increases in the regulatory burden imposed by this bill.

            V. Application of Law to the Legislative Branch

    The committee bill reauthorizes and amends the Elementary 
and Secondary Education Act of 1965 to continue programs 
primarily offering assistance to States and local educational 
agencies on behalf of elementary and secondary school students 
and teachers and, as such, has no application to the 
legislative branch.

                           VI. Cost Estimate

S.1177--Every Child Achieves Act of 2015
    Summary: S.1177 would amend and reauthorize the Elementary 
and Secondary Education Act of 1965 (the ESEA, commonly 
referred to, in its most recently reauthorized form, as No 
Child Left Behind). The underlying authorizations for those 
programs have expired, although most have continued to receive 
appropriations.
    This bill would authorize the appropriation of ``such sums 
as may be necessary'' through fiscal year 2021 for various 
grant programs; those authorizations would automatically be 
extended 1 year, through 2022, under the General Education 
Provisions Act (GEPA). The bill also would amend and 
reauthorize the McKinney-Vento Homeless Assistance Act, which 
authorizes grants to assist in the education of homeless 
children.
    CBO estimates that S.1177 would authorize the appropriation 
of $23.9 billion in 2016 and $124.2 billion over the 2016-20 
period. Assuming appropriation of those amounts, CBO estimates 
that implementing the bill would have discretionary costs of 
$92.1 billion over the 2016-20 period.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    S.1177 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of the bill is shown in the following table. 
The costs of this legislation fall within budget function 500 
(education, training, employment, and social services).

 
----------------------------------------------------------------------------------------------------------------
                                                                  By Fiscal Year, in millions of dollars
                                                        --------------------------------------------------------
                                                           2016     2017     2018     2019     2020     2016-20
----------------------------------------------------------------------------------------------------------------
 
 
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Title I--Improving the Academic Achievement of the
 Disadvantaged:
  Estimated Authorization Level........................   15,918   16,201   16,530   16,859   17,204      82,712
  Estimated Outlays....................................      318   12,422   15,508   16,453   16,780      61,482
Title II--Preparing, Training, and Recruiting High-
 Quality Teachers, Principals, and Other School
 Leaders:
  Estimated Authorization Level........................    2,987    3,040    3,101    3,163    3,228      15,519
  Estimated Outlays....................................       60    1,793    2,721    3,073    3,134      10,780
Title III--Language Instruction for Limited English
 Proficient and Immigrant Students:
  Estimated Authorization Level........................      748      762      777      793      809       3,889
  Estimated Outlays....................................        7      472      705      741      756       2,680
Title IV--Safe and Healthy Students:
  Estimated Authorization Level........................    1,563    1,591    1,623    1,656    1,689       8,122
  Estimated Outlays....................................       31      938    1,424    1,608    1,640       5,642
Title V--Empowering Parents and Expanding Opportunity
 Through Innovation:
  Estimated Authorization Level........................      943      960      979      999    1,019       4,900
  Estimated Outlays....................................       19      566      859      970      989       3,404
Title VI--Flexibility and Accountability:
  Estimated Authorization Level........................      172      175      179      183      186         896
  Estimated Outlays....................................        3      103      157      177      181         622
Title VII--Indian, Native Hawaiian, and Alaska Native
 Education:
  Estimated Authorization Level........................      198      201      205      209      214       1,027
  Estimated Outlays....................................        4      174      193      201      205         777
Title VIII--Impact Aid:
  Estimated Authorization Level........................    1,308    1,331    1,358    1,385    1,413       6,796
  Estimated Outlays....................................    1,163    1,214    1,351    1,380    1,408       6,515
Title IX--General Provisions:
  Estimated Authorization Level........................        1        1        1        1        1           4
  Estimated Outlays....................................        *        1        1        1        1           3
Title X--Education for Homeless Children and Youths:
  Estimated Authorization Level........................       66       67       69       70       71         343
  Estimated Outlays....................................        1       40       60       68       69         238
                                                        --------------------------------------------------------
  Total Changes:
    Estimated Authorization Level......................   23,904   24,328   24,823   25,317  25,835,     124,207
    Estimated Outlays..................................    1,608   17,723   22,979   24,671   25,163      92,143
----------------------------------------------------------------------------------------------------------------
Notes: Some programs have received advance appropriations for fiscal year 2016; those amounts are not reflected
  in the table. Instead, the table shows the additional funding that would be authorized for 2016.
Components may not sum to totals because of rounding.
* = less than $500,000.

    Basis of estimate: S.1177 would authorize the appropriation 
of ``such sums as may be necessary'' for each of fiscal years 
2016 to 2021 for programs in the ESEA; those authorizations 
would automatically be extended 1 year, through 2022, under 
GEPA. CBO based the estimate of authorization levels on funding 
levels provided for fiscal year 2015 (or previous years if 
funding was not provided in 2015) for the same or similar 
programs administered by the Department of Education, adjusted 
each year for inflation. For this estimate, CBO assumes that 
the bill will be enacted before the start of fiscal year 2016, 
that the estimated amounts will be appropriated for each year, 
and that spending will follow historical patterns for the 
affected programs. In addition, title and part headings in this 
estimate refer to the ESEA as amended by S.1177.
    In total, CBO estimates that S.1177 would authorize the 
appropriation of $23.9 billion in fiscal year 2016 and $124.2 
billion over the 2016-20 period. Assuming appropriation of the 
estimated amounts, CBO estimates that implementing the 
provisions of the bill would cost about $92.1 billion over the 
2016-20 period and an additional $58 billion after 2020. The 
Congress appropriated about $23 billion in fiscal year 2015 for 
activities similar to those that would be authorized in this 
bill.
    Title I--Improving the Academic Achievement of the 
Disadvantaged. Title I of S.1177 would amend title I of the 
current ESEA and authorize grants for school districts with 
high proportions of low-income students, as well as funding for 
the children of migrant workers and other at-risk children. The 
bill also would authorize the appropriation of funds for States 
to develop and administer student assessments. CBO estimates 
those authorizations would total $82.7 billion over the 2016-20 
period and that implementing title I would cost $61.5 billion 
over that same period, subject to appropriation of the 
estimated amounts.
    Specifically, the funding authorized by title I would 
support programs in four new parts:

    Part A, Improving Basic Programs Operated by Local 
Educational Agencies. S.1177 would amend provisions governing 
title I grants to local educational agencies and reauthorize 
funding for those grants. The bill also would reauthorize 
funding to identify and support schools in meeting State 
academic standards. CBO estimates that the bill would authorize 
$15.1 billion in 2016 for grants in part A; the Congress 
appropriated $14.9 billion for similar activities in fiscal 
year 2015. Implementing those provisions would cost $58.3 
billion over the 2016-20 period, CBO estimates.
    Part B, Academic Assessments. The bill would reauthorize 
programs for grants to States to develop and administer 
assessments of student achievement. CBO estimates that the bill 
would authorize about $385 million in 2016 for those 
activities; the Congress appropriated almost $380 million for 
similar activities in fiscal year 2015. Implementing that 
provision would cost $1.5 billion over the 2016-20 period, CBO 
estimates.
    Part C, Education of Migratory Children. Part C would make 
changes to programs that support the education of children of 
migrant workers. CBO estimates that the bill would authorize 
the appropriation of $380 million in 2016 for part D; the 
Congress appropriated $375 million for similar activities in 
fiscal year 2015. Implementing that provision would cost $1.5 
billion over the 2016-20 period, CBO estimates.
    Part D, Prevention and Intervention Programs for Children 
and Youth Who Are Neglected, Delinquent, or At-Risk. S.1177 
would reauthorize programs that support the education of 
delinquent and at-risk children. CBO estimates that this part 
would authorize the appropriation of about $50 million for 
fiscal year 2016 for part D; the Congress appropriated a 
similar amount for at-risk children for fiscal year 2015. 
Implementing that provision would cost almost $190 million over 
the 2016-20 period, CBO estimates.

    Title II--Preparing, Training, and Recruiting High-Quality 
Teachers, Principals, and Other School Leaders. Title II would 
authorize appropriations for a range of grant programs, the 
largest of which would support teacher and principal training, 
retention, and compensation. CBO estimates that those 
authorizations would total $15.5 billion in over the 2016-20 
period; implementing title II would cost $10.8 billion over 
that same period, assuming appropriation of the estimated 
amounts.
    Specifically, the funding authorized by title II would 
support programs in five new parts:

    Part A, Fund for the Improvement of Teaching and Learning. 
S.1177 would amend provisions for grants to improve the 
effectiveness of teachers, principals, and other school staff. 
CBO estimates that the bill would authorize about $2.4 billion 
in 2016 for those grants; the Congress appropriated $2.3 
billion for State grants to improve teacher quality under title 
II of the ESEA in fiscal year 2015. Implementing that provision 
would cost $8.6 billion over the 2016-20 period, CBO estimates.
    Part B, Teacher and School Leader Incentive Fund. The bill 
would reauthorize grants to develop, implement, expand, and 
study performance-based compensation systems for teachers, 
principals, and other school staff. CBO estimates that the bill 
would authorize about $230 million in 2016 for those 
activities; the Congress appropriated about the same amount for 
the Teacher Incentive Fund in fiscal year 2015 to support 
similar activities. Implementing that provision would cost 
about $850 million over the 2016-20 period, CBO estimates.
    Part C, American History and Civics Education. This part 
would amend and reauthorize grants to improve the teaching of 
American history and civics. Based on the most recent 
appropriation for those programs (fiscal years 2010 and 2011), 
CBO estimates that the bill would authorize the appropriation 
of about $50 million in 2016. Implementing that provision would 
cost about $180 million over the 2016-20 period, CBO estimates.
    Part D, Literacy Education for All, Results for the Nation. 
The bill would authorize grants to improve reading and literacy 
instruction from early education through secondary school, 
similar to activities supported by the Striving Readers 
Program. CBO estimates that this part would authorize the 
appropriation of about $160 million for fiscal year 2016; for 
fiscal year 2015, the Congress appropriated a similar amount 
for the Striving Readers Program. Implementing that provision 
would cost about $590 million over the 2016-20 period, CBO 
estimates.
    Part E, Improving Science, Technology, Engineering, and 
Mathematics Instruction and Student Achievement. Part E would 
authorize a new grant program to improve academic achievement 
in science, technology, engineering, and mathematics in 
elementary and secondary schools. Based on the funding provided 
for 2015 for the Math and Science Partnerships Program (about 
$155 million), CBO estimates that the bill would authorize the 
appropriation of a similar amount in 2016. Implementing that 
provision would cost almost $560 million over the 2016-20 
period, CBO estimates.

    Title III--Language Instruction for Limited English 
Proficient and Immigrant Students. Title III would modify the 
programs that provide support for teaching the English language 
to recent immigrants and other nonnative speakers under Title 
III of the ESEA. CBO estimates that the bill would authorize 
the appropriation of about $750 million in 2016 and $3.9 
billion over the 2016-20 period. Assuming appropriation of the 
estimated amounts, implementing this title would cost about 
$2.7 billion over the same period, CBO estimates. The Congress 
appropriated roughly $740 million for similar activities in 
fiscal year 2015.
    Title IV--Safe and Healthy Students. Title IV of S.1177 
would authorize grants to improve students' safety, physical 
and mental well-being, and academic achievement after the 
school day. CBO estimates that authorizations in that title 
would total $8.1 billion over the 2016-20 period. Assuming the 
appropriation of the estimated amounts, implementing those 
provisions would cost $5.6 billion over the same period, CBO 
estimates.
    Title IV would authorize funding in four parts:

    Part A, Grants to States and Local Educational Agencies. 
This part would authorize grants to States and school districts 
to improve students' safety and health and to improve academic 
achievement after the school day. Based on the most recent 
funding level for State grants for safe and drug-free schools 
and communities (fiscal year 2009), CBO estimates that the bill 
would authorize the appropriation of $300 million in 2016; for 
fiscal year 2015, the Congress appropriated $70 million to 
support national activities for safe and drug-free schools and 
communities but provided no funding for grants to States. 
Implementing those grants would cost $1.1 billion over the 
2016-20 period, CBO estimates.
    Part B, 21st Century Community Learning Centers. Part B 
would reauthorize the 21st Century Community Learning Centers 
Program, which provides grants to provide academic enrichment 
during periods when school is not in session. CBO estimates 
that the bill would authorize the appropriation of $1.2 billion 
in 2016 for those purposes; the Congress appropriated a similar 
amount for this program in 2015. Implementing this title would 
cost $4.2 billion over the 2016-20 period, CBO estimates.
    Part C, Elementary School and Secondary School Counseling 
Programs. This part would reauthorize grants to establish or 
expand counseling programs for students in elementary and 
secondary schools. CBO estimates that the bill would authorize 
the appropriation of about $50 million in 2016; the Congress 
appropriated a similar amount for elementary and secondary 
school counseling in 2015. Implementing those programs would 
cost about $180 million over the 2016-20 period.
    Part D, Physical Education Program. Part D would 
reauthorize grants to initiate, expand, and improve physical 
education programs for elementary and secondary school 
students. CBO estimates that part D would authorize the 
appropriation of about $45 million in 2016 for this program; 
the Congress appropriated a similar amount for those activities 
in 2015. Implementing that program would cost about $160 
million over the 2016-20 period.

    Title V--Empowering Parents and Expanding Opportunity 
Through Innovation. Title V would authorize appropriations to 
support a range of grants, including those for charter and 
magnet school programs, education technology, and preschool 
education. CBO estimates title V would authorize the 
appropriation of $4.9 billion over the 2016-20 period. Assuming 
the appropriation of the estimated amounts, CBO estimates that 
implementing those provisions would cost $3.4 billion over the 
same period.
    Specifically, the title would authorize the following 
activities in the following parts:

    Part A, Public Charter Schools. The bill would authorize 
grants for charter schools, similar to activities previously 
authorized in the Charter School Program and the Credit 
Enhancement for Charter School Initiatives. CBO estimates that 
part A would authorize the appropriation of about $255 million 
for fiscal year 2016; in 2015, the Congress appropriated a 
similar amount for charter schools. Implementing that provision 
would cost about $925 million over the 2016-20 period, CBO 
estimates.
    Part B, Magnet School Assistance. This part would modify 
the Magnet School Program, and CBO estimates it would authorize 
the appropriation of about $95 million for fiscal year 2016; 
the Congress appropriated a similar amount for magnet schools 
in 2015. Implementing that provision would cost about $335 
million over the 2016-20 period, CBO estimates.
    Part C, Supporting High-Ability Learners and Learning. The 
bill would amend and reauthorize the Gifted and Talented 
Students Program, which is designed to enhance educational 
opportunities for gifted and talented students. CBO estimates 
that the bill would authorize the appropriation of $10 million 
in 2016 for part C; the Congress appropriated the same amount 
for those activities in fiscal year 2015. Implementing that 
provision would cost about $35 million over the 2016-20 period, 
CBO estimates.
    Part D, Education Innovation and Research. The bill would 
authorize grants to develop, implement, and test programs that 
improve student achievement and attainment, similar to those 
activities supported by the Investing in Innovation Program 
authorized by the American Recovery and Reinvestment Act. CBO 
estimates that the bill would authorize the appropriation of 
about $120 million for fiscal years 2016 for this program; the 
Congress appropriated a similar amount for grants for Investing 
in Innovation in 2015. Implementing that provision would cost 
$440 million over the 2016-20 period, CBO estimates.
    Part E, Accelerated Learning. S.1177 would authorize a 
grant program to improve academic achievement through 
accelerated learning programs, such as Advanced Placement and 
International Baccalaureate programs. CBO estimates that the 
bill would authorize the appropriation of about $30 million in 
2016 for part E; the Congress appropriated a similar amount for 
the Advanced Placement Program in 2015. Implementing that 
provision would cost about $100 million over the 2016-20 
period, CBO estimates.
    Part F, Ready-to-Learn Television. This part would 
reauthorize the Ready-to-Learn Television Program, which 
supports the development of educational television and digital 
media for preschool and elementary school children. CBO 
estimates the bill would authorize the appropriation of about 
$25 million in 2016 for the Ready-to-Learn Program; the 
Congress appropriated a similar amount for the Ready-to-Learn 
Program in fiscal year 2015. Implementing that provision would 
cost almost $100 million over the 2016-20 period, CBO 
estimates.
    Part G, Innovative Technology Expands Children's Horizons 
(I-TECH). S.1177 would authorize a new grant program to expand 
access to and improve students' and educators' knowledge and 
skills with technology. Based on the most recent funding level 
for the Enhancing Education Through Technology State Grant 
Program (fiscal year 2010), CBO estimates that this part would 
authorize the appropriation of about $100 million for fiscal 
years 2016. Implementing this provision would cost about $360 
million over the 2016-20 period, CBO estimates.
    Part H, Literacy and Arts Education. Part H would authorize 
funding for grants to support arts education for disadvantaged 
students and those with disabilities and to support literacy 
programs for low-income communities. Based on funding for two 
similar programs, CBO estimates that the bill would authorize 
the appropriation of about $50 million for fiscal years 2016 
for these activities; for fiscal year 2015, the Congress 
appropriated $25 million for each of the Arts in Education and 
the Innovative Approaches to Literacy programs. Implementing 
that provision would cost about $185 million over the 2016-20 
period, CBO estimates.
    Part I, Early Learning Alignment and Improvement Grants. 
The bill would authorize grants to improve and expand early 
childhood education. Based on funding for Preschool Development 
Grants, CBO estimates that the bill would authorize the 
appropriation of about $255 million for fiscal year 2016 for 
early childhood education; the Congress appropriated $250 
million for Preschool Development Grants in 2015 to support 
similar activities. Implementing those grants would cost about 
$915 million over the 2016-20 period, CBO estimates.

    Title VI--Flexibility and Accountability. Title VI would 
modify and reauthorize the rural education achievement 
programs, which provide grants to assist rural school districts 
in improving teaching and learning outcomes. CBO estimates that 
the bill would authorize the appropriation of about $170 
million in 2016 and about $900 million over the 2016-20 period 
for those programs. Assuming appropriation of the estimated 
amounts, implementing that title would cost about $620 million 
over the same period, CBO estimates. The Congress appropriated 
about $170 million for similar activities for rural school 
districts in fiscal year 2015.
    Title VII--Indian, Native Hawaiian, and Alaska Native and 
Education. S.1177 would reauthorize and modify grant programs 
for American Indians, Alaska Natives, and Native Hawaiians and 
authorize the appropriation of funds for a new program for 
Native American and Alaska Native language immersion schools 
and programs. CBO estimates that the bill would authorize the 
appropriation of about $200 million for fiscal year 2016 and 
$1.0 billion over the 2016-20 period for title VII. Assuming 
appropriation of the estimated amounts, implementing that title 
would cost about $775 million over the same period, CBO 
estimates. Of that total, about $500 million would be spent on 
education programs for American Indians, about $125 million 
would be spent for each of the programs for Alaska Natives and 
Native Hawaiians, and about $30 million would be spent on 
language immersion schools. The Congress appropriated about 
$190 million for those programs in fiscal year 2015.
    Title VIII--Impact Aid. Title VIII of the bill would amend 
the impact aid programs that provide funding to assist local 
education agencies (LEAs) affected by the activities of the 
Federal Government, such as those on a military base or Indian 
reservation. CBO estimates that the bill would authorize the 
appropriation of $1.3 billion in fiscal year 2016 and $6.8 
billion over the 2016-20 period for impact aid. Assuming the 
appropriation of the estimated amounts, CBO estimates that 
implementing that title would result in discretionary costs of 
$6.5 billion over the same period. The bulk of that spending 
(about $6.1 billion), would be for basic support payments to 
LEAs to assist in the education of children in areas affected 
by Federal activities. The other $400 million would be used to 
construct and maintain schools that educate children in such 
areas. The Congress appropriated almost $1.3 billion for impact 
aid in 2015.
    Title IX--General Provisions. Title IX would authorize 
assessments of the effectiveness of grants to schools with high 
enrollments of low-income students authorized in title I. CBO 
estimates that the bill would authorize the appropriation of 
less than $1 million for each of fiscal years 2016-20 for those 
activities; available funding for evaluations under title I 
totaled less than $1 million in fiscal year 2015. Implementing 
that provision would cost about $3 million over the 2016-20 
period, assuming the availability of the necessary amounts.
    Title X--Education for Homeless Children and Youths. Title 
X would reauthorize the McKinney-Vento Homeless Assistance Act, 
which authorizes grants to States to assist in the education of 
homeless children. CBO estimates that the bill would authorize 
the appropriation of about $65 million in 2016 and about $345 
million over the 2016-20 period for this assistance; the 
Congress appropriated a similar amount for the education of 
homeless children in fiscal year 2015. Implementing this title 
would cost about $240 million over the 2016-20 period, assuming 
appropriation of the estimated amounts.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: The bill 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. State, local, and tribal governments would 
benefit from grants authorized in the bill for elementary and 
secondary education. Any costs associated with the grants would 
be incurred voluntary as a result of complying with conditions 
of Federal assistance.
    Previous CBO estimates: On February 18, 2015, CBO 
transmitted a cost estimate for H.R.5, the Student Success Act, 
as ordered reported by the House Committee on Education and the 
Workforce on February 11, 2015. CBO estimates that enacting 
H.R.5 would authorize the appropriation of $23.3 billion for 
fiscal year 2016 and $116.5 billion over the 2016-20 period and 
that implementing the bill would cost $87.7 billion over the 
same period.
    Estimate prepared by: Federal Costs: Justin Humphrey; 
Impact on State, Local, and Tribal Governments: J'nell Blanco 
Suchy; Impact on the Private Sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                    VII. Section-By-Section Analysis

Section 1--Short title
    States the short title of the bill as the Every Child 
Achieves Act of 2015.
Section 2--Table of contents
    Lists the Table of Contents of the Every Child Achieves Act 
of 2015.
Section 3--References
    Except as otherwise expressly provided, an amendment or 
repeal in this Act will be a reference made to a section or 
provision of the Elementary and Secondary Education Act of 1965 
[20 U.S.C. 6301 et seq.].
Section 4--Statement of purpose
    The purpose of this Act is to enable States and local 
communities to improve and support our Nation's public schools 
and ensure that every child has an opportunity to achieve.
Section 5--Table of Contents of the Elementary and Secondary Elementary 
        Act of 1965
    Amends the Table of Contents of the Elementary and 
Secondary Elementary Act of 1965.

     title i--improving basic programs operated by state and local 
                          educational agencies

Section 1001--Statement of purpose
    Amends section 1001 [20 U.S.C. 6301] to change the purpose 
to ensure that all children have an opportunity to receive a 
high-quality education that prepares them for post-secondary 
education or the workforce, without the need for post-secondary 
remediation, and to close educational achievement gaps.
Section 1002--Authorization of appropriations
    Amends section 1002 [20 U.S.C. 6302] by changing the 
authorization levels of title I to ``such sums as may be 
necessary for each of fiscal years 2016 through 2021'' to carry 
out: Part A--Local Educational Agency Grants, Part B--State 
Assessments, Part C--Education of Migratory Children, Part D--
Prevention and Intervention Programs for Children and Youth Who 
are Neglected, Delinquent, or At-Risk, Part E--Federal 
Activities, and Part F--School Intervention and Support.
Section 1003--School improvement and State administration
    Strikes section 1003 [20 U.S.C. 6303] and redesignates 
section 1004 [20 U.S.C. 6304] as section 1003. Maintains the 
requirement that States reserve 2 percent of the State's 
allocation for administrative purposes. Amends this section by 
allowing each State to reserve not more than 4 percent of the 
State's allocation, for a fiscal year, to carry out the State's 
responsibilities related to school intervention and support, 
and to carry out a statewide system of technical assistance for 
local educational agencies. States will allocate 95 percent of 
the reserved funds directly to local educational agencies, 
prioritizing those that, as determined by the State, serve the 
lowest performing schools, demonstrate the greatest need for 
funds, and demonstrate the strongest commitment to evidence-
based interventions.
Section 1004--Basic program requirements
    Strikes section 1111 [20 U.S.C. 6311] through section 1117 
[20 U.S.C. 6317] and inserts section 1111 through section 1114. 
Also strikes section 1119 [20 U.S.C. 6319] and redesignates 
sections 1118, 1120, 1120A, and 1120B, as sections 1115, 1116, 
1117, and 1118, respectively.
            Sec. 1111. State plans
    All States that desire to receive title I funds are 
required to submit a plan to the Secretary.
    Consultation with Key Stakeholders--In the development of 
the title I State plan, each State must consult with the 
Governor, local educational agencies, representatives of Indian 
tribes located in the State, teachers, principals, other school 
leaders, specialized instructional support personnel, and 
paraprofessionals (including organizations representing such 
individuals), administrators, other staff, and parents, 
describe how the State will implement evidence-based strategies 
for improving student achievement, and coordinate the plan with 
other Federal laws.
    Peer Review--State plans are reviewed by a geographically 
diverse and varied team of researchers and practitioners with 
recent school-level and classroom experience to provide useful, 
objective feedback to States about how the plan might be 
implemented. The same peer reviewers will not review all of the 
State plans, but a peer reviewer may review more than one plan.
    Approval and Disapproval Process--All State plans are 
deemed as approved within 90 days of submission unless the 
Secretary presents substantial evidence that the plan does not 
meet Federal requirements. In this situation, the Secretary 
will immediately notify the State, provide a detailed 
description of the requirements the plan does not meet, provide 
all peer review documents to the State, offer the State the 
opportunity to resubmit the plan within 60 days, provide 
technical assistance (upon request), and conduct a public 
hearing within 30 days (upon request). The Secretary has the 
authority to disapprove a State plan if the State has been 
notified, offered an opportunity to revise and resubmit the 
plan, and it chooses not to do so, or does so and the plan 
still does not meet title I requirements. The Secretary also 
has the authority to approve or disapprove any significant 
changes that States make to State title I plans in accordance 
with the same requirements for approval and disapproval for 
initial plan submission.
    Limitations on the Secretary--The Secretary does not have 
the authority to require a State, as a condition of approval of 
the State plan, to adopt specific academic standards, academic 
assessments, set specific annual goals or timelines for such 
goals, the specific indicators in the accountability system, or 
the indicators or specific measures of teacher, principal, or 
other school leader evaluation systems. The Secretary may not 
require specific criteria, targets, goals, or metrics for 
academic and non-academic measures in a State's accountability 
system.
    Academic Standards--Each State will provide an assurance 
that it has adopted challenging academic content and 
achievement standards (with at least 3 levels of achievement), 
but no State shall be required to submit those standards to the 
Secretary. The standards must be aligned with: entrance 
requirements for the system of public higher education in the 
State, relevant career and technical education standards, and 
relevant early learning guidelines. Each State may adopt 
alternate academic achievement standards for students with the 
most significant cognitive disabilities, provided those 
standards are aligned with the challenging State academic 
content standards, consistent with other Federal laws, and 
ensure that such students are on track for further education or 
employment. Each State is required to adopt English language 
proficiency standards that are aligned with the challenging 
State academic standards.
    Prohibitions on Standards--Each State will not be required 
to submit any standards to the Secretary for review or 
approval. The Secretary will not have the authority to mandate, 
direct, control, coerce, or exercise any direction or 
supervision over the adopted State standards.
    Academic Assessments--Each State is required to implement 
statewide academic assessments in mathematics, reading or 
language arts, and science. Mathematics and reading or language 
arts assessments will be administered annually in each of 
grades 3 through 8, and at least once in grades 9 through 12. 
Science assessments will be administered at least one time each 
in grades 3 through 5, 6 through 9, and 10 through 12. Results 
from such assessments shall be disaggregated by the following 
categories of students: each major racial and ethnic group, 
economically disadvantaged students, children with 
disabilities, English proficiency status, gender, and migrant 
status. Each State can provide alternate assessments aligned 
with the challenging State academic content standards and 
alternate academic achievement standards for students with the 
most significant cognitive disabilities, but the total number 
of students assessed using the alternate assessments may not 
exceed 1 percent of the total number of students in the State 
who are assessed in each subject and not more than 1 percent of 
assessments used in determining the achievement of students in 
the State accountability system may be alternate assessments 
for students with the most significant cognitive disabilities. 
Each State will also annually assess English proficiency for 
students who are English learners. Computer adaptive tests can 
be administered to meet these requirements. Last, the bill 
clarifies nothing in title I, part A preempts State or local 
law regarding the decision of a parent or guardian to opt his/
her child out of participating in these assessments.
    Accountability System--Each State will develop and 
implement a single, statewide State accountability system. The 
system must annually establish State-designed goals for 
academic achievement and graduation rates for all students and 
categories of students, defined as economically disadvantaged 
students, students from major racial or ethnic groups, children 
with disabilities, and English learners. The system must 
annually measure and report on, for all students and each 
category of students: academic achievement as measured by the 
State assessments; a statewide indicator of academic success 
for elementary schools; high school graduation rates; English 
proficiency of English learners; and an additional State-
determined indicator of school quality, success, or student 
supports. States may use additional indicators in their 
accountability systems if they choose, while using assessments, 
the elementary school indicator, and high school graduation 
rates as substantial factors. The system must use these 
indicators to annually identify and differentiate among all 
public schools. The system must measure the annual academic 
progress of not less than 95 percent of all students and each 
of the categories of students.
    Prohibitions on Federal Interference with State and Local 
Decisions--The Secretary cannot specify, define, or prescribe 
academic standards, specific types of academic assessments, or 
specific goals adopted by the State within the accountability 
system. The Secretary cannot require specific metrics to 
measure student growth or specific benchmarks, targets, or 
goals for any measures or indicators in the accountability 
systems, the specific weight or significance of any measures or 
indicators used to measure, identify, or differentiate schools 
in the accountability systems developed by the States, or the 
specific methods used to identify and meaningfully 
differentiate schools.
    Other Plan Provisions--Each State must describe the minimum 
number of students it will use for the disaggregation of data 
by individual categories of students; the State's system for 
monitoring and evaluating the intervention and support 
strategies implemented by school districts for identified 
schools and the steps States will take to further assist school 
districts if the strategies are not effective; how low-income 
and minority children enrolled in title I schools are not 
served at disproportionate rates by ineffective, out-of-field, 
and inexperienced teachers; how the State will make public the 
methods or criteria the State uses to evaluate teachers; how 
the State determines the goals for progress necessary to move 
English learners to proficiency; the steps the State will take 
to ensure collaboration with child welfare agencies to improve 
the educational stability of foster youth; how the State plans 
to protect students from physical or mental abuse, aversive 
behavioral interventions, or any physical restraint or 
seclusion imposed for purposes of discipline or convenience; 
and how the State will address school discipline and climate 
issues, among others.
    State Report Card--Each State will prepare and disseminate 
to the public an annual State report card. Each State report 
card must include information for all students and 
disaggregated by each category of students, including: a 
description of the State accountability system; the weights of 
the indicators used in the State accountability system, student 
academic performance; the percentage of students assessed and 
not assessed, high school graduation rates, information on the 
academic indicator for elementary schools; information on 
indicators or measures of school quality, climate, safety, and 
discipline included in the Civil Rights Data Collection 
biennial survey; the minimum number of students used for 
disaggregation purposes in reporting requirements; the 
professional qualifications of teachers, principals, and other 
school leaders, including the percentage and distribution of 
inexperienced, out-of-field, and emergency certified teachers, 
principals, and other schools leaders; information on the 
schools identified by the State accountability system as in 
need of intervention and support; the evaluation results of 
teachers, principals, and other school leaders in the aggregate 
(if a State chooses to implement an evaluation system); per-
pupil expenditures of Federal, State, and local funds by 
source; information on the students with the most significant 
cognitive disabilities taking an alternate assessment; 
information on English language proficiency for English 
Learners; National Assessment of Educational Progress (NAEP) 
results; the percentage of all students and each category of 
students who did not meet annual State goals for achievement 
and graduation rates; and assessment results for military-
connected children, homeless children, and children in foster 
care.
    Local Report Cards--Each local educational agency will 
prepare and disseminate an annual local educational agency 
report card with information on the agency, as a whole, and for 
each school served by the agency. The report card will include 
all of the information on the State report card.
    Secretary's Report Card--The Secretary is required to 
submit to Congress a report card on the status of elementary 
and secondary education in the United States, including much of 
the information from the State and local report cards. However, 
the information on the report card will be derived from 
existing data sources and not require new data collections.
    Public Recognition--The Secretary may identify and publicly 
recognize States, local educational agencies, schools, and 
programs for exemplary performance.
    Prohibitions--The Secretary is prohibited from requiring 
States to enter into voluntary partnerships to get a State plan 
or waiver request approved, as a condition of Federal funds, or 
for any preference or priority for receipt of Federal funds.
            Sec. 1112. Local educational agency plans
    Local Educational Agency Plan--Each local educational 
agency is required to submit a title I plan to the State for 
review after consultation with various education stakeholders. 
The plan must include many similar descriptions to the State 
plan. Of note, the plan must: describe how the local 
educational agency will address any disparities that result in 
low-income and minority students being taught at higher rates 
than other students by ineffective, inexperienced, or out-of-
field teachers; ensure that all instructional staff meet 
applicable State certification and licensure requirements; 
describe the actions the local educational agency will take to 
assist and monitor schools identified under the State 
accountability system as in need of intervention and support; 
how the local educational agency will provide opportunities for 
the enrollment, attendance, and success of homeless children; 
if applicable, how the local educational agency will coordinate 
and integrate services with preschool programs; and a 
description of how the local educational agency will address 
school climate and discipline issues. The local educational 
agency is also required to inform parents of each student that, 
at their request, they can receive information regarding the 
professional qualifications of the student's classroom teachers 
and must also provide information related to their child's 
academic achievement. Additionally, local educational agencies 
must inform parents of English learners the reasons the child 
was identified and the services for which they are eligible. 
Local educational agencies must also implement effective means 
of outreach to parents of children who are English learners to 
inform them of how they can be involved and active participants 
in their child's education.
            Sec. 1113. Eligible school attendance areas; schoolwide 
                    programs; targeted assistance programs
    Eligible School Attendance Areas--The bill maintains 
current law requirements related to eligible school attendance 
areas. In ranking schools in order to determine who must be 
served first, local educational agencies must rank high schools 
with 50 percent more or poverty highest to lowest in terms of 
the percentage of children in poverty. However, in determining 
which schools will receive title I funds, a local educational 
agency will not have to reduce funds that elementary schools 
are currently receiving in order to serve high schools. A local 
educational agency must reserve funds to serve homeless 
children, children in institutions for neglected children, and 
if appropriate, children in local institutions for delinquent 
children and may reserve funds for early childhood education 
programs for eligible children.
    Schoolwide and Targeted Assistance Programs--All title I 
schools will conduct a needs assessment to determine if they 
should operate a targeted assistance or schoolwide program to 
best serve students at risk of failing to meet State standards. 
Schools with 40 percent or more children in poverty may 
automatically operate a schoolwide program. However, if a 
school is under the 40 percent poverty threshold and the needs 
assessment conducted demonstrates a schoolwide program would 
better serve title I students in the school, the local 
educational agency may waive the 40 percent requirement and 
allow a school under that threshold to operate a schoolwide 
program.
            Sec. 1114. School identification, interventions, and 
                    supports
    School Identification, Interventions, and Supports--Each 
State must annually identify the public schools that are in 
need of intervention and support using the State accountability 
system. States must indicate on local educational agency and 
school report cards whether schools have been identified for 
interventions and supports. Local educational agencies must 
then intervene in all title I schools that are identified using 
an evidence-based intervention or support strategy. Each State 
must monitor and evaluate the implemented strategies, provide 
technical assistance to districts, and take appropriate steps 
to further assist local educational agencies if the 
interventions are not effective in raising student achievement. 
Each local educational agency with identified schools must 
conduct a review of each school, including examining the 
indicators in the State accountability system, policies, 
procedures, personnel decisions, and budgetary decisions to 
determine the reason the school was identified as in need of 
intervention and support. The local educational agency must 
also develop an appropriate evidence-based strategy that is 
proportional to the identified needs of the school to improve 
the school and directly related to the reasons for 
identification and a comprehensive plan to ensure successful 
implementation of the intervention and support strategies. The 
strategies the local educational agencies develop and implement 
must distinguish between the lowest performing schools and 
other schools identified for other reasons, including schools 
with categories of students not meeting State goals. States may 
also establish intervention and support strategies, consistent 
with State law, that local educational agencies may implement. 
A local educational agency shall promptly provide notice to 
parents of children in identified schools of the reasons for 
and explanation of the identification, what the agency will do 
to assist the school, and the options parents have for their 
child.
    Prohibition on Federal Interference with State and Local 
Decisions--The Secretary is prohibited from establishing any 
criterion that specifies, defines, or prescribes any school 
intervention or support strategy that States or local 
educational agencies are required to use to assist schools 
identified by the State accountability system.
    Funds for Local School Interventions and Supports--
Dedicated funding for school intervention and support is 
maintained. States will apply to the Secretary for formula 
funds, and those funds will be competitively granted to local 
educational agencies with identified schools who apply for 
those funds, including by prioritizing local educational 
agencies with the lowest performing schools in the State. Funds 
may also be awarded to statewide school districts, consortium 
of local educational agencies, or educational service agencies 
that serve identified schools if those entities are legally 
constituted or recognized as local educational agencies in the 
State.
Section 1005--Parent and family engagement
            Sec. 1115. Parental involvement
    Amends section 1118 [20 U.S.C. 6318] to expand local 
educational agency parental involvement policies to include 
other family members. It also requires local educational 
agencies to conduct outreach and provide opportunities for 
participation to all parents and family members, and conduct an 
annual evaluation of parental and family engagement policies in 
order to improve such policies and remove barriers to 
participation. Furthermore, parents and family members must be 
involved in jointly developing the local educational agency 
plan under section 1112 and the process of school review and 
intervention and support under section 1114. Local educational 
agencies will continue to receive 1 percent of the title I 
allocation for parental and family engagement, but may reserve 
15 percent of such funds for local educational agency-level 
parental and family engagement activities, including activities 
such as supporting nonprofits to provide professional 
development regarding parent and family engagement strategies, 
home visitation, disseminating best practices on parent and 
family engagement, or supporting schools to collaborate with 
community-based organizations to increase parent and family 
engagement. The other 85 percent of the reservation will be 
allocated to schools for parent and family engagement.
Section 1006--Participation of children enrolled in private schools
            Sec. 1116. Participation of Children Enrolled in Private 
                    Schools
    Amends section 1120 [20 U.S.C. 6320] to clarify that the 
proportional share of funds to provide services to eligible 
private school children must be determined based on the total 
allocation a local educational agency receives and prior to any 
other allowable expenditures or transfers are reserved by the 
local educational agency. Adds more transparency into how the 
proportional share of funds is determined and if the services 
for private school children will be provided by a third-party.
Section 1007--Supplement, not supplant
            Sec. 1117. Fiscal requirements
    Amends subsection (b) of section 1120A [20 U.S.C. 6321] to 
maintain the requirement for State or local educational 
agencies to use Federal funds to supplement, but not supplant, 
funds from non-Federal sources. Requires within 2 years after 
the enactment of this Act that local educational agencies will 
comply with the supplement, not supplant requirement in this 
subsection by demonstrating that the methodology used by the 
local educational agency to allocate State and local funds to 
title I schools ensures that the school receives all of the 
non-Federal funds it would otherwise receive in the absence of 
title I funds. Prohibits the Secretary from establishing, 
defining, or prescribing the specific methodology a local 
educational agency must use. Local educational agencies are not 
required to identify individual costs or services as being 
supplemental, or provide title I services through a particular 
instructional method or in a particular setting in order to 
demonstrate compliance with this subsection.
Section 1008--Coordination requirements
            Sec. 1118. Coordination requirements
    Amends section 1120B [20 U.S.C. 6322] by striking 
references to Early Reading First, updating references to early 
childhood education programs, and requiring that local 
educational agencies using title I funds for early childhood 
education develop agreements with Head Start agencies and other 
entities to carry out such activities.
Section 1009--Grants for the outlying areas and the Secretary of the 
        Interior
            Sec. 1121. Grants for the outlying areas and the Secretary 
                    of the Interior
    Makes technical changes to section 1121 [20 U.S.C. 6331].
Section 1010--Allocation to States
            Sec. 1122. Allocations to States
    Makes technical changes to section 1122(a) [20 U.S.C. 
6332].
Section 1011--Maintenance of effort
            Sec. 1125A. Education finance incentive grant program
    Makes technical changes to section 1125A [20 U.S.C. 6337]. 
Amends subsection (b) to allow a State, for 1 year, to not be 
subject to Federal fund reductions as a consequence of failing 
to maintain 90 percent of the State fiscal effort per student 
or aggregate State expenditures from the previous fiscal year, 
provided the State has not failed to maintain such fiscal 
effort for one or more of the five immediately preceding fiscal 
years.
Section 1012--Academic assessments
    Amends part B of title I [20 U.S.C. 6361 et seq.] as 
follows:
            Sec. 1201. Grants for State assessments and related 
                    activities
    Authorizes the Secretary to award formula assessment grants 
to States for activities including developing assessments 
aligned with State standards with accommodations for English 
learners and children with disabilities; developing English 
language proficiency assessments; refining State assessments in 
reading, mathematics, or science, or creating assessments for 
subjects not required; or developing, or supporting local 
educational agencies to develop, assessment systems with 
summative, interim, and formative assessments.
            Sec. 1202. Grants for enhanced assessments instruments
    Authorizes the Secretary to award competitive assessment 
grants to States for activities including collaborating with 
other organizations to improve assessments; developing 
assessments using the principles of universal design for 
learning; developing assessments to measure student growth; or 
developing innovative assessments such as technology- or 
competency-based assessments, computer adaptive assessments, or 
portfolio or extended performance task assessments.
            Sec. 1203. Audits of assessment systems
    Authorizes the Secretary to award competitive grants to 
States and local school districts to conduct audits of their 
State and local testing systems to describe, for each test 
administered, information including the grade and subject 
assessed; the annual cost and administration time of the 
assessment; the Federal, State, or local law that requires the 
assessment; and the schedule and calendar for the assessment. 
Requires the development of a plan to address the findings of 
the audit, including eliminating unnecessary assessments.
            Sec. 1204. Funding
    Authorizes such sums for the purposes of title I, part B.
            Sec. 1205. Innovative assessment and accountability 
                    demonstration authority
    Authorizes a demonstration program for the creation of 
innovative assessment systems, such as competency- or 
performance-based assessments. Authorizes the Secretary to 
initially give five States authority to develop such 
assessments for accountability purposes and in lieu of the 
current State assessment system, provided the innovative 
assessments meet a high bar of technical quality. Allows 
additional States to apply to the Secretary to develop 
innovative assessment systems if overall, the first five State 
systems demonstrate progress for students on student 
achievement, graduation rates, retention rates, or decreased 
remediation rates.
Section 1013--Education of migratory children
    Makes technical changes to part C [20 U.S.C. 6391 et seq.] 
of title I. Prioritizes services for migratory children who are 
failing to meet State standards or have dropped out of school. 
Inserts and improves definitions for ``migratory agricultural 
worker,'' ``migratory child,'' ``migratory fisher,'' and 
``qualifying move.''
Section 1014--Prevention and intervention programs for children and 
        youth who are neglected, delinquent, or at-risk
    Makes technical changes to part D [20 U.S.C. 6421 et seq.] 
of title I to strengthen and improve educational services for 
children and youth in local and State institutions for 
neglected and delinquent juveniles. Amends section 1414(a) [20 
U.S.C. 6434] to include an assurance that each State 
educational agency has established procedures to ensure the 
prompt re-enrollment of each student who has been placed in the 
juvenile justice system in a secondary school or in a re-entry 
program. Amends section 1415(a) [20 U.S.C. 6434] to allow funds 
to be used for pay for success initiatives. Amends section 
1418(a) [20 U.S.C. 6438] to allow a focus on projects that 
facilitate the transition of children between State-, Secretary 
of the Interior-, or Bureau of Indian Education-operated 
institutions and schools in local educational agencies. Amends 
section 1423 [20 U.S.C. 6453] to add a greater emphasis on 
ensuring the successful transition of children and youth in 
correctional institutions into schools served by the local 
educational agency or into career and technical education and 
post-secondary education programs. Amends section 1424 [20 
U.S.C. 6454] to allow funds to be used for programs for at-risk 
Indian children and youth and pay for success initiatives. 
Amends section 1425 [20 U.S.C. 6455] to require, to the extent 
practicable, the development of initial educational services 
and transition plans for each child or youth served and 
consultation between the correctional facility and the local 
educational agency to coordinate educational services in order 
to minimize disruption to the child's or youth's achievement.
Section 1015--General provisions
    Repeals parts E, F, G, and H and title I; redesignates part 
I as part E; strikes sections 1904, 1907, and 1908; 
redesignates sections 1901, 1902, 1903, 1905, and 1906, as 
sections 1501, 1502, 1503, 1504, and 1505, respectively.
    Amends sections 1901 [20 U.S.C. 6571], 1902 [20 U.S.C. 
6572], and 1903 [20 U.S.C. 6573] to update the negotiated 
rulemaking process for title I regulations. Requires negotiated 
rulemaking for regulations related to standards, assessments, 
State accountability systems, school intervention and supports, 
and supplement, not supplant requirements. Requires an 
alternative process for regulations if consensus is not reached 
through negotiated rulemaking, including a review of the time, 
cost, and paperwork burden of any proposed regulations, and a 
required public comment and review period. Adds specialized 
instructional support personnel, representatives of charter 
schools, as appropriate, and paraprofessionals to the committee 
of practitioners created by the State.
Section 1016--Report on educational stability of children in foster 
        care
    Within 2 years of enactment of this Act, the Secretary of 
Education and the Secretary of Health and Human Services shall 
submit to Congress a report that provides information on the 
educational stability of children in foster care, including a 
description of any barriers to coordination between local 
educational agencies and child welfare agencies, a description 
of the benefits and challenges of keeping a foster care child 
in the school of origin, including transportation costs, an 
examination of barriers to credit transfer, and an examination 
of the impact on local educational agencies to designate a 
point of contact for a child welfare agency.
Section 1017--Report on subgroup sample size
    Within 90 days of enactment of this Act, the Institute of 
Education Sciences shall publish a report on best practices for 
determining valid, reliable, and statistically significant 
minimum numbers of students for inclusion in each of the 
categories of students in the State accountability system. The 
report will be widely disseminated.

 title ii--high-quality teachers, principals, and other school leaders

Section 2001--Transfer of certain provisions
    Makes technical changes, and redesignates subpart 5 of part 
C of title II [20 U.S.C. 6731 et seq.] as subpart 3 of part F 
of title IX, redesignates subpart 4 of part D of title II [20 
U.S.C. 6777] as subpart 4 of part F of title IX. Transfers 
section 2361 through 2368 [20 U.S.C. 6731-6738] to title IX.
Section 2002--Fund for the improvement of teaching and learning
    Title II of The No Child Left Behind Act [20 U.S.C. 6301 et 
seq.] is amended:
Section 2001--Purpose
    Describes the purposes of the section.
Section 2002--Definitions
    Defines ``school leader residency program,'' ``State,'' and 
``teacher residency program.''
Section 2003--Authorization of appropriations
    Authorizes funding at ``such sums as may be necessary for 
each of fiscal years 2016 through 2021'' to carry out: Grants 
to States and Local Educational Agencies; National Activities; 
Teacher and School Leader Incentive Fund; American History and 
Civics Education; Literacy Education for All, Results for the 
Nation; and Improving STEM Instruction and Student Achievement.

       Part A--Fund for the Improvement of Teaching and Learning

Section 2101--Formula grants to States
    State Allotments--Requires the Secretary to reserve funds 
for the U.S. territories and the Bureau of Indian Education, 
and then distribute the remaining funds to States through a 
formula. First, States will receive a portion of what they 
received under title II, part A for fiscal year 2001. This 
amount will decrease over the course of 7 fiscal years. The 
remaining funds will be distributed with 20 percent based upon 
the population of children ages 5 through 17, and 80 percent 
based upon population of children ages 5 through 17 in poverty.
    State Activities--Allows States to reserve up to 5 percent 
of funds before distributing the remaining to local educational 
agencies. States may reserve an additional 3 percent for 
activities related to principals and school leaders so long as 
that additional reservation does not come from the existing 5 
percent setaside or the existing subgrants to local educational 
agencies. States may use funds for reforming teacher, principal 
and other school leader certification and licensing, developing 
and improving evaluation systems and recruitment and retention 
systems, improving equitable access to effective teachers, and 
supporting efforts to train teachers, principals and school 
leaders.
    State Plan--Requires States to submit a plan to the 
Secretary that is created in consultation with teachers, 
teacher organizations, principals, other school leaders, 
specialized instructional support personnel, parents, and 
others. Requires a description of the uses of funds and 
assurances that the State will monitor the implementation of 
activities carried out with title II funds. States will need to 
describe various activities, including the State system for 
licensing teachers, how title II activities are aligned with 
State standards, and if the State is going to use the funds to 
improve equitable access to teachers, a description of how 
funds will be used to meet title I requirements related to that 
purpose.
    Prohibitions--Prohibits the Secretary or any other officer 
of the Federal Government from mandating, directing, or 
controlling any elements of evaluation systems, the definition 
of teacher, principal, or other school leader effectiveness, or 
professional standards, certification, or licensing for 
teachers, principals, or school leaders.
Section 2102--Subgrants to local educational agencies
    Local Allotments--Local educational agencies receive funds 
from the State on a formula based on 20 percent population of 
children ages 5 through 17 and 80 percent population of 
children ages 5 through 17 in poverty.
    Local Applications--Local educational agencies must submit 
a needs assessment, conducted in consultation with education 
stakeholders, to the State that is designed to determine the 
schools with the most acute staffing needs.
Section 2103--Local use of funds
    Allows local educational agencies to use funds to implement 
activities based upon the needs assessment. Includes a list of 
activities for which local educational agencies can use funds, 
or any other evidence-based activities identified by the 
agency.
Section 2104--Reporting
    Requires that each State and local educational agency 
annually submit a report that identifies information related to 
teacher qualifications and how title II funds are used.
Section 2105--National activities of demonstrated effectiveness
    Authorizes the Secretary to use funds for technical 
assistance to States and local educational agencies, and 
evaluations of title II activities. Requires competitive grants 
to be awarded to eligible entities, such as institutions of 
higher education or national nonprofit or for-profit entities, 
for alternative teacher certification or preparation, or 
professional development or professional enhancement for 
teachers or school leaders. Also requires competitive grants to 
be awarded to State or local educational agencies, or nonprofit 
organizations or institutions of higher education, for 
activities related to improving recruitment, preparation, 
placement, support, and retention of effective principals and 
other school leaders.
Section 2106--Supplement not supplant
    Ensures that Federal funds received under this part are 
supplemental to non-Federal funds.

          Part B--Teacher and School Leader Incentive Program

    Authorizes the Secretary to award competitive grants to 
eligible entities for the purposes of developing, implementing, 
improving, or expanding performance-based compensation systems 
or human capital management systems. Applicants may only 
receive a grant twice, for a period that shall not exceed 3 
years, with the availability for a 2-year extension. Each 
eligible entity must fulfill a matching requirement of 50 
percent from non-Federal sources.
Section 2003--American history and civics education

             Part C--American History and Civics Education

    Authorizes the Secretary to award competitive grants to 
carry out: a Teaching of Traditional American History Program 
to promote teaching traditional American history in schools as 
a separate academic subject outside of a social studies course; 
Presidential and congressional Academies for American History 
and Civics to enable institutions of higher education, 
nonprofit educational organizations, museums, libraries, or 
research centers to provide professional development for 
teachers and opportunities for students to grow in the field of 
American history and civics through a seminar or institute, and 
National Activities to promote innovative history, civic, and 
geography instruction, and learning strategies and professional 
development for educators related to those subjects.
Section 2004--Literacy education

       Part D--Literacy Education for All, Results for the Nation

    Authorizes the Secretary to award competitive grants to 
States to develop, enhance, and implement comprehensive 
literacy instruction plans to improve comprehensive literacy 
instruction for at-risk students. Subgrants to eligible 
entities (one or more high-need local educational agencies, one 
or more State-designated early childhood education programs, or 
such entities in partnership with public or private nonprofit 
organizations) will support high-quality early literacy 
initiatives for children from birth through kindergarten and 
high-quality literacy initiatives in grades kindergarten 
through 5 and in grades 6 through 12.
Section 2005--Improving science, technology, engineering, and 
        mathematics instruction and student achievement

  Part E--Improving Science, Technology, Engineering, and Mathematics 
                  Instruction and Student Achievement

    Authorizes the Secretary to award formula grants to States 
to improve classroom instruction, enhance student engagement, 
and increase student achievement in STEM subjects. Grants are 
based on 35 percent of the State population of students age 5 
through 17, and 65 percent of the population of students age 5 
through 17 from families living in poverty. States may 
distribute subgrants to high-need local educational agencies, 
an educational service agency, or outside partners, which may 
include nonprofit or community-based organizations, businesses, 
or institutions of higher education. States may also utilize 
funds to recruit qualified teachers and instructional leaders 
in STEM subjects or to develop a STEM master teacher corps.
Section 2006--General provisions

                       Part F--General Provisions

    Prohibits the Secretary or any other officer or employee of 
the Federal Government from mandating, directing, or 
controlling a State, local educational agency, or school's 
instructional content or materials, program of instruction, 
standards, or assessments; educator evaluation systems; 
definition of teacher, principals, or other school leader 
effectiveness; or professional standards, certification, or 
licensing of educators. Nothing in this title will alter or 
affect local collective bargaining agreements.

  title iii--language instruction for english learners and immigrant 
                                students

Section 3001--General provisions
    Amends title III [20 U.S.C. 6901 et seq.] by striking 
section 3122 [20 U.S.C. 6842] in part A, all of part B [20 
U.S.C. 6891 et seq.], and section 3302 [20 U.S.C. 7012] in part 
C. Redesignates title III sections and parts accordingly.
Section 3002--Authorization of appropriations
    Amends section 3001 [20 U.S.C. 6801] to update 
authorization years and levels as such sums as may be necessary 
for each of fiscal years 2016-21.
Section 3003--English language acquisition, language enhancement, and 
        academic achievement
    Amends part A of title III [20 U.S.C. 6812] by updating the 
purposes of the title.
    State Uses of Funds and Activities--Amends section 3111(b) 
[20 U.S.C. 6821] to include establishing and implementing, with 
consultation with local educational agencies, standardized 
statewide entrance and exit procedures for English learners; 
educator professional development and preparation activities to 
improve teaching skills in meeting the diverse needs of English 
learners; technical assistance to improve the education of 
English learners; and providing recognition to subgrantees who 
improve the progress of English learners in meeting timelines 
and goals for English proficiency and the challenging State 
academic standards.
    Reservations and Allotments--Amends section 3111(c) [20 
U.S.C. 6821] to make technical edits. Updates the data used to 
make State title III formula allotments to include: data from 
the American Community Survey, the number of students taking 
the State English language proficiency assessment, or a 
combination of data available from both sources, to determine 
the number of English learners in a State; and data from the 
American Community Survey to determine the number of immigrant 
children and youth in the State.
    State and Specially Qualified Agency Plans--Amends section 
3113 [20 U.S.C. 6823] to require States to describe the 
standardized statewide entrance and exit procedures for English 
learners, how the State will assist and monitor the progress of 
eligible entities in meeting annual timelines and goals for 
progress for English learners on English language proficiency 
and academic assessments, and the steps the agency will take if 
strategies are not effective; how the State will decrease the 
number of long-term English learners; and provide assurances 
that States will: annually assess English learners in English 
who have been in the United States for 3 or more years on the 
State assessments; annually assess the English proficiency of 
English learners; and help build capacity for eligible entities 
to offer effective language instruction educational programs 
for English learners.
Section 3115--Subgrants to eligible entities
    Amends section 3115 [20 U.S.C. 6825] to require subgrantees 
to use language instruction educational programs that are based 
on high-quality research demonstrating success in increasing 
English learner academic achievement and English proficiency; 
effective professional development to improve instructional 
strategies for English learners; and implement effective family 
engagement strategies to support English learners. Lists other 
allowable uses of funds for subgrantees.
Section 3116--Local plans
    Amends section 3116 [20 U.S.C. 6826] to require that local 
plans submitted by eligible entities include descriptions of 
high-quality programs and activities to be implemented with 
title III funds to increase English learner academic 
achievement and English language proficiency; how English 
learners will meet goals and timelines for English proficiency 
and student achievement described in title I; and how the 
eligible entity will promote parent, family, and community 
engagement. Includes assurances that plans are made in 
consultation with teachers, parents and family members, 
researchers, community members, school administrators, public 
or private entities, and institutions of higher education and 
that local educational agencies are complying with title I 
``parent-right-to-know'' requirements and State law regarding 
English learners.
Section 3121--Reporting
    Amends section 3121 [20 U.S.C. 6841] to include reporting 
on the number and percentage of English learners: meeting 
State-determined goals for progress, disaggregated by long-term 
English learners and English learners with a disability; 
attaining English proficiency; meeting challenging State 
academic standards for 2 years after such students are no 
longer identified as English learners, disaggregated by long-
term English learners and English learners with a disability; 
and who have not attained English proficiency within 5 years of 
classification as an English learner. Makes other technical 
changes.
Section 3131--National professional development project
    Amends section 3131 [20 U.S.C. 6861] to include ``public or 
private entities with relevant experience and capacity'' as 
eligible entities for competitive grants under the National 
Professional Development Project. Grants will be used for 
professional development, capacity building, or evidence-based 
activities that will improve classroom instruction for English 
learners. Allows funding to support strategies to promote 
school readiness for English learners and their transition to 
elementary school. Promotes the sharing of best-practices for 
instructing English learners, and emphasizes support strategies 
that strengthen parent, family, and community engagement.
Section 3141--Definitions
    Amends section 3141 [20 U.S.C. 6871] to expand the 
definition of ``eligible entity,'' and defines the terms 
``English Learner with a disability'' and ``long-term English 
learner.''
Section 3004--Other provisions
    Amends part C of title III [20 U.S.C. 7011 et seq.] to 
replace the term ``limited English proficient'' with ``English 
Learners.''

                  title iv--safe and healthy students

Section 4001--General provisions
    Transfers section 4141 [20 U.S.C. 7151], section 4155 [20 
U.S.C. 7165], and sections 4301-4304 [20 U.S.C. 7181-7184] to 
title IX; and strikes the title heading, replacing it with 
``Title IV--Safe and Healthy Students.''
Section 4002--Grants to States and local educational agencies
    Strikes and replaces part A of title IV [20 U.S.C. 7101 et 
seq.].
Section 4101--Purpose
    Amends the purposes of title IV to focus on improving 
students' safety, health, well-being, and academic achievement.
Section 4102--Definitions
    Includes definitions for ``controlled substance,'' 
``drug,'' ``drug and violence prevention,'' ``school-based 
mental health services provider'', and ``State.''
Section 4103--Formula grants to States
    Authorizes the Secretary to reserve up to 5 percent of 
funds for national activities, one-half of 1 percent of funds 
for outlying areas, one-half of 1 percent for funds for schools 
operated or funded by the Bureau of Indian Education, and such 
funds as may be necessary for the ``Project School Emergency 
Response to Violence'' (Project SERV), which provides 
education-related services to local school districts and 
institutions of higher education that have been impacted by a 
violent or traumatic crisis that has severely disrupted the 
teaching and learning environment in the school. States will 
also receive formula grant funds, in proportion to the number 
of individuals aged 5-17 from families with incomes below the 
poverty line in the State, and may reserve up to 5 percent of 
funding to provide State-level activities such as training and 
technical assistance to local educational agencies, and for 
other allowable activities related to safe and healthy 
students. Each State must submit a plan and report to the 
Secretary on how the State and local educational agencies use 
funds provided under this part.
Section 4104--Subgrants to local educational agencies
    Requires States to allocate the remaining percentage of 
funds to local educational agencies based on the number of 
individuals aged 5-17 from families with incomes below the 
poverty line. Local educational agencies are required to 
consult with community, education, and local government 
stakeholders to conduct a needs assessment of the agency that 
takes into account measures or indicators of school quality, 
climate and safety, discipline, and risk factors in the 
community. Requires local educational agencies to submit a plan 
to the State including the results of the needs assessment and 
a description of the activities and performance indicators the 
local educational agency will use to implement and evaluate 
programs funded under this part. Funds must be targeted to 
schools with the greatest need and that have the highest 
percentages of at-risk students.
Section 4105--Local educational agency authorized activities
    Authorizes local educational agencies, or a consortium of 
local educational agencies, to develop, implement, and evaluate 
a range of activities and programs to foster safe, healthy, 
supportive and drug-free environments that support academic 
achievement. Local educational agencies must coordinate with 
other schools and community-based services and programs and may 
partner with nonprofit organizations with a demonstrated track-
record of success in implementing the activities. Includes 
allowable uses of funds based on need as determined by the 
local needs assessment, including drug and violence prevention 
programs; extended learning opportunities; school-based mental 
health services; mentoring programs and activities; school 
counseling programs; programs or activities that support 
healthy and active lifestyles and physical education; positive 
behavioral interventions and supports implementation; programs 
that offer a variety of well-rounded educational experiences 
for students; programs and activities designed to increase 
school safety and improve school climate; and other activities 
determined by the local educational agency.
Section 4106--Supplement, not supplant
    Requires that funds used be used to supplement, not 
supplant, non-Federal funds.
Section 4107--Prohibitions
    Prohibits the use of funds under this part for construction 
or for medical services or drug treatment or rehabilitation, 
except for integrated student supports or referral to treatment 
for impacted students. Prohibits the mandatory medication of 
children.
Section 4108--Authorization of appropriations
    Authorizes such sums as may be necessary for each of fiscal 
years 2016 through 2021.
Section 4003--21st Century community learning centers

            Part B--21st Century Community Learning Centers

    Amends part B of title IV [20 U.S.C. 7171 et seq.] to 
reauthorize and strengthen the 21st Century Community Learning 
Centers program to provide learning and enriching opportunities 
for students during non-school hours, focused on students 
attending high-poverty and low performing schools. The program 
also allows funds to be used for some expanded learning program 
activities.
Section 4004--Elementary school and secondary school counseling 
        programs

   Part C--Elementary School and Secondary School Counseling Programs

    Adds a new part C to title IV to reauthorize the Elementary 
School and Secondary School Counseling Program, which provides 
funds to local educational agencies or educational service 
agencies to establish or expand elementary and secondary school 
counseling programs. Includes uses of funds for developing, 
implementing, and evaluating comprehensive, evidence-based, 
school counseling programs. Priority is given to applicants 
with the greatest need, including those in rural and remote 
areas and with the greatest percentages of students in poverty, 
who propose promising and innovative approaches, or show strong 
potential for replication and dissemination. Grants are awarded 
for a 3-year period and cannot exceed $400,000 for any fiscal 
year.
Section 4005--Physical education program

                   Part D--Physical Education Program

    Adds a new part D to title IV to reauthorize the Physical 
Education Program. The Secretary is authorized to award grants 
and contracts to local educational agencies and community-based 
organizations to initiate, expand, and improve physical 
education programs for students in kindergarten through grade 
12. Includes uses of funds for providing materials and support 
to enable students to participate actively in physical 
education programs and for staff and teacher training and 
education relating to physical education. To the extent 
practicable, the Secretary must ensure that grants awarded 
under this section are equitably distributed among local 
educational agencies and community-based organizations serving 
urban and rural areas.

     title v--empowering parents and expanding opportunity through 
                               innovation

Section 5001--General provisions
    Amends title V [20 U.S.C. 7201 et seq.] by striking part A; 
subparts 2 and 3 of part B; part D; and sections 5308 and 5310. 
Redesignates parts B and C and other sections accordingly.
Section 5002--Public charter schools
    Amends part A of title V [20 U.S.C. 7221 et seq.] by 
striking sections 5201 [20 U.S.C. 7221] through 5205 [20 U.S.C. 
7221d].
Section 5101--Purpose
    Expands purposes to encourage charter schools to expand 
opportunities for children with disabilities, English learners, 
and other traditionally underserved students; and to support 
efforts to strengthen the charter authorizing process.
Section 5102--Program authorized
    Authorizes the charter school program to support a State 
competition for startup, replication, and expansion of charter 
schools, assist charter schools in accessing credit to finance 
acquisition and renovation of facilities, and to carry out 
national activities.
Section 5103--Grants to support high quality charter schools
    Amends the State competition to award grants to State 
educational agencies, a State charter school board, a Governor 
of a State, or a charter school support organization for the 
purposes of opening new, or replicating or expanding high-
quality charter schools, and to provide technical assistance to 
improve the quality of authorized public chartering agencies 
(including developing capacity for and conducting fiscal 
oversight and auditing of charter schools).
    Use of Lottery Mechanism--Allows for the use of a weighted 
lottery in school admissions to give educationally 
disadvantaged students a better chance to attend a charter 
school, if allowable under State law, provided the weighted 
lottery is not used for the purposes of creating schools 
exclusively to serve a particular subset of students.
    Program Periods & Peer Review--Maintains the 3-year program 
period, and adds an additional one-time 2-year renewal 
opportunity. Requires a peer review process for awarding both 
grants and subgrants.
    Applications--Enhances State application requirements to 
require a description of: how the State will work with charter 
schools to promote inclusion and retention of all students and 
on their recruitment practices to engage groups that may 
otherwise have limited opportunities to attend charter schools; 
how a State will actively monitor and hold authorized public 
chartering agencies accountable; and the extent to which the 
State entity will solicit and consider input from parents and 
community members. Includes assurances that States will promote 
quality authorizing and make publicly available, including on 
the Web site of the school, information about the charter 
school in order to help parents make informed decisions about 
the educational options available to their children.
    Selection Criteria & Priority--Amends the selection 
criteria the Secretary will use to award grants to include the 
quality of the State's plan to monitor applicants and provide 
technical assistance to support quality authorizing efforts. 
Establishes an application priority for States that: allow 
entities besides local educational agencies to be charter 
school authorizers, or which have an appeals process for the 
denial of an application if the local educational agency is the 
only authorizer; use best practices from charter schools to 
help improve struggling schools and local educational agencies; 
and ensure that all authorized public chartering agencies 
implement best practices for charter school authorizing.
    Local Uses of Funds--Offers more flexibility to charter 
school developers to fund startup costs associated with charter 
school facilities; provide transportation to students; 
implement teacher and principal or other school leader 
professional development programs; and provide early childhood 
education programs.
    Reporting Requirements--Requires States to submit a report 
to the Secretary, after 3 years and again at the end of the 
renewal period, including the number of students served; the 
amount of subgrants awarded for startup, replication and 
expansion of high-quality charter schools; and a description of 
the progress the State entity made toward meeting the 
priorities and assurances of the grant competition.
Section 5104--Facilities financing assistance
    Streamlines the Credit Enhancement Initiatives to Assist 
Charter School Facility Acquisition, Construction and 
Renovation Program, and the Per-Pupil Facilities Aid Programs 
to improve facilities financing grants. Encourages States to 
ensure that charter schools are able to access suitable 
facilities. Requires the Secretary to reserve not less than 50 
percent of the available facilities financing funds to award 
not less than three competitive grants to entities that have 
the highest-quality applications that demonstrate innovative 
methods of helping charter schools to address the cost of 
acquiring, constructing, and renovating facilities by enhancing 
loan or bond financing availability. The remainder of the funds 
will be used for the Per-Pupil Facilities Aid Program. Grant 
applications must address proposed assistance activities, the 
extent of charter schools' involvement in project development, 
level of expertise in capital market financing and education, 
and the strategy for leveraging the maximum amount of funding 
for the proposed project.
Section 5105--National activities
    Authorizes the Secretary to reserve not less than 80 
percent of funds reserved for National Activities to awards 
grants to charter management organizations or non-profit 
organizations that oversee and coordinate the activities of 
charter management organizations for the replication and 
expansion of high-quality charter schools. The remainder of 
funds will be used by the Secretary to provide technical 
assistance and disseminate best practices regarding charter 
schools, evaluate the impact of the charter school program on 
student achievement, and award grants directly to eligible 
applicants that desire to open a charter school in States that 
did not apply for or receive a grant under the State grant 
competition.
    Grants for Replication and Expansion of High-Quality 
Charter Schools--Enables charter management organizations that 
manage or oversee multiple charter schools to apply for funding 
for replication and expansion of high-quality charter schools.
    Applications--Requires applications to address objectives 
for implementing a high-quality charter school; intended 
measures of progress; a description of the educational program 
and plan for inclusion of all students; a multiyear financial 
plan; and a sustainability plan for continuation after program 
funding expires.
    Priority and Criteria--Prioritizes organizations that serve 
primarily low-income students.
    Amends section 5206 [20 U.S.C. 7221e] to clarify hold 
harmless protections for new or significantly expanded charter 
schools; Makes technical edits to section 5208 [20 U.S.C. 
7221g]. Amends section 5210 [20 U.S.C. 7221i] to add or modify 
the definitions of ``new or significantly expanding charter 
schools,'' ``charter school,'' ``charter management 
organization,'' ``charter support organization,'' ``expansion 
of a high-quality charter school,'' ``high-quality charter 
school,'' and ``replication of a high-quality charter school.'' 
Amends section 5211 [20 U.S.C. 7221j] to authorize such sums as 
may be necessary for each of fiscal years 2016 through 2021.
Section 5003. Magnet schools assistance
    Amends part C of title V [20 U.S.C. 7231 et seq.] to update 
the magnet schools assistance program. Requires the magnet 
school programs to assess, monitor, and evaluate the impact of 
activities to improve socioeconomic and racial integration and 
student achievement. Amends section 5306 [20 U.S.C. 7231e] to 
prioritize evidence-based magnet school programs and provide 
opportunities to expand magnet school programs with a 
demonstrated record of success. Enables local educational 
agencies or consortium of such agencies to establish, expand, 
or strengthen inter-district and regional magnet programs. 
Amends section 5309 [20 U.S.C. 7231h] to adjust the magnet 
school program grant cycle to a 3-year grant period, with an 
opportunity to apply for a 2-year extension. Amends section 
5311 20 U.S.C. 7231j] to authorize such sums as may be 
necessary for each of fiscal years 2016 through 2021.
Section 5004. Supporting high-ability learners and learning
    Adds a new part C of title V to reauthorize the Jacob K. 
Javits Gifted and Talented Students program. Authorizes the 
Secretary to award grants, or enter into contracts with, 
entities to meet the educational needs of gifted and talented 
students, including the training of personnel in the education 
of gifted and talented students. Establishes a National 
Research Center for the Education of Gifted and Talented 
Children and Youth.
Section 5005. Education innovation and research
    Adds a new part D of title V to authorize a competitive 
grant program for the development, implementation, replication, 
or scaling and rigorous testing of entrepreneurial, evidence-
based, field-initiated innovations to improve student 
achievement and attainment for high-need students. Authorizes 
the Secretary to award grants to eligible entities (local 
educational agencies, State educational agencies, or such 
entities in partnership with nonprofits, small businesses, 
charter management organizations, educational service agencies, 
or institutions of higher education) for grants in three phases 
based on the strength of the proposed project's evidence base.
Section 5006--Accelerated learning
    Adds a new part E to title V to authorize the Accelerated 
Learning Program to expand access to and increase participation 
in Advanced Placement programs, International Baccalaureate 
(IB) programs, dual enrollment programs, and early college high 
schools providing postsecondary-level instruction or exams that 
can be accepted for higher education credits. Authorizes grants 
to States to reimburse fees associated with taking accelerated 
learning exams for low-income students. Authorizes competitive 
grants to States, local educational agencies, or a partnership 
between nonprofit organizations and State or local educational 
agencies to increase the number of educators qualified to 
instruct accelerated learning courses.
Section 5007--Ready-to-learn television
    Adds a new part F to title V to reauthorize the Ready-to-
Learn Television program. Authorizes grants to public 
telecommunications entities for the development and national 
distribution of educational and instructional high-quality 
television programming accessible to disadvantaged preschool 
and elementary school children.
Section 5008--Innovative technology expands children's horizons 
        (I-TECH)
    Adds a new part G to title V to authorize the Innovative 
Technology Expands Children's Horizons (I-TECH) program. 
Authorizes the Secretary to reserve funds for national 
activities and for grants to States and local educational 
agencies to strengthen State and local technological 
infrastructure and provide professional learning opportunities 
to educators, school leaders, and administrators to ensure that 
they have the ability to utilize technology effectively and 
support digital learning. Funds can be used to support 
activities related to education technology including: 
technology and content purchases, blended learning projects, 
and educator professional development to incorporate technology 
into classrooms effectively and improve student achievement. 
Funds are awarded on a formula basis to States based on the 
State's allocation under part A of title I. Funds are 
subgranted to local educational agencies on a competitive basis 
if Federal appropriations are lower than $300 million for any 
fiscal year and by formula if funds are above $300 million. 
Local educational agencies must use funds to meet the goals 
identified under their technology readiness survey and build 
capacity to improve digital learning.
Section 5009--Literacy and arts education
    Adds a new part H to title V to authorize the Secretary to 
award competitive grants to local educational agencies with 20 
percent or more of students in poverty or national nonprofit 
organizations. Grants will be awarded to promote arts education 
through activities such as professional development, 
development or dissemination of instructional materials, and 
community and national outreach, or to promote literacy 
programs, including pediatric literacy programs, school library 
programs, or programs that provide access to high-quality books 
and reading materials for children and adolescents from 
disadvantaged communities.
Section 5010--Early learning alignment and improvement grants
    Adds a new part I to title V to authorize Early Learning 
Alignment and Improvement Grants. The Secretary is authorized 
to award 3-year, nonrenewable competitive grants to States to 
improve coordination, quality, and access for early childhood 
education. Prioritizes States that focus on serving eligible 
children who are 3 and 4 years of age, and whose family income 
does not exceed 130 percent of the poverty line. Funds will be 
used to improve, strengthen, and expand existing high-quality 
early education or care, or if no such programming is 
available, expand access to high-quality early learning and 
care. States must coordinate existing funding streams and 
delivery models to promote program quality, parental choice, 
and access to high-quality early care and learning for children 
from birth to kindergarten entry. Prohibits the Secretary from 
establishing criteria that specifies, defines, or prescribes 
early learning development guidelines; specific measures or 
indicators of quality early learning and care; curriculum, 
program of instruction, or instructional content; teacher and 
staff qualifications and salaries; class size and child-to-
instructional staff ratios; or any aspect or parameter of a 
teacher, principal, or school leader staff evaluation system.

                  title vi--innovation and flexibility

Section 6001--Purposes
    Establishes this title to support State, local, and tribal 
leadership and innovation, provide States and local educational 
agencies with maximum flexibility in using Federal funds, and 
support education in rural areas.
Section 6002--Improving academic achievement
    Amends part A of title VI [20 U.S.C. 7301 et seq.] by 
striking Subparts 1, 3, and 4. Redesignates various subparts 
and sections. Makes technical edits. Amends section 6123 [20 
U.S.C. 7305b] by allowing a State or local educational agency 
to transfer all of the funds allotted to the State or local 
educational agency under part A of title II, part A title IV, 
or part G of title V between such programs, or into part A of 
title I. Authorizes a 2-year Weighted Student Funding 
Flexibility Pilot Program to allow no more than 25 local 
educational agencies the flexibility to consolidate Federal, 
State, and local funds to create a single school funding system 
based on weighted per-pupil allocations. This pilot will allow 
a local educational agency to consolidate funds received under 
titles I, II, III, and IV to create a weighted per-pupil 
allocation funding system provided the local educational agency 
meets certain requirements.
Section 6003--Rural education initiative
    Amends part B of title VI [20 U.S.C. 7341 et seq.] to make 
technical edits. Amends section 6211 [20 U.S.C. 7345] to update 
references to applicable funding sources and locale codes used 
to designate eligible local educational agencies. Clarifies 
eligibility for local educational agencies that are members of 
educational service agencies that meet certain requirements. 
Amends section 6212 [20 U.S.C. 7345a] to update references to 
provisions for which funds may be used and the method of 
allocation for educational service agencies. Increases minimum 
and maximum grant award amounts to $25,000 and $80,000, 
respectively, if appropriations for part B reach $252 million 
and adds hold harmless language for those local educational 
agencies that are no longer eligible due to the updated 
eligibility requirements. Amends section 6213 [20 U.S.C. 7345b] 
to require local educational agencies that receive funding 
under this subpart to administer assessments consistent with 
section 1111(b)(2). Amends section 6221 [20 U.S.C. 7351] to 
make technical edits and update locale codes to determine local 
educational agency eligibility for funds. Amends section 6222 
[20 U.S.C. 7351a] to update references to activities for which 
funds may be used. Amends section 6223 [20 U.S.C. 7351b] to 
make technical changes and modifications to application content 
requirements. Amends section 6224 [20 U.S.C. 7351c] to make 
technical edits and streamline the required report to Congress. 
Adds a new section 6225 to enable a local educational agency 
eligible for funding under both the Small, Rural School 
Achievement Program and the Rural and Low-Income School Program 
to choose under which program it would like to receive funds.
Section 6004--General provisions
    Makes technical changes to part C of title VI [20 U.S.C. 
7371 et seq.].

    title vii--indian, native hawaiian, and alaska native education

Section 7001--Indian education
    Amends part A of title VII [20 U.S.C. 7401 et seq.] to 
strike sections 7131 [20 U.S.C. 7451], 7132 [20 U.S.C. 7452], 
7133 [20 U.S.C. 7453], 7134 [20 U.S.C. 7454], 7136 [20 U.S.C. 
7456], 7102 [20 U.S.C. 7402], and 7111 [20 U.S.C. 7421] and 
redesignate various sections.
Section 7102--Purpose
    Updates the purposes of part A of title VII [20 U.S.C. 7402 
et seq.], the Indian Education program.
Section 7111. Purpose
    Updates the purposes of section 7111 [20 U.S.C. 7421].
Section 7112--Grants to local educational agencies and tribes
    Amends section 7112 [20 U.S.C. 7422] to allow the Secretary 
to make grants to consortia of tribes, and to allow local 
educational agencies to enter into cooperative agreements with 
Indian tribes under certain circumstances. Provides 
requirements for eligible ``Indian tribes and Indian 
organizations,'' ``Indian community-based organizations,'' and 
``consortia.'' Modifies application requirements and allowable 
activities.
Section 7114--Applications
    Requires local educational agencies to describe how 
activities will address the unique educational needs of 
American Indian students. Adds consultation requirements for 
local educational agencies to consult with representatives of 
Indian tribes within 50 miles of any school the local 
educational agency will serve if the tribe has children in that 
school.
Section 7115--Authorized services and activities
    Amends section 7115 [20 U.S.C. 7425] to clarify that title 
VII funds can be used to support various activities including 
Native American language programs, early childhood programs, 
culturally related activities, and career preparation 
activities.
    Amends section 7118 [20 U.S.C. 7428] to align maintenance 
of effort requirements to those included in title IX [20 U.S.C. 
7801 et seq.].
    Makes technical changes to subpart 2 of part A [20 U.S.C. 
7441 et seq.].
    Amends section 7132 [20 U.S.C. 7455] to award grants to 
tribes to allow tribes, tribal organizations, or tribal 
educational agencies to directly administer education programs 
under a written agreement.
    Amends section 7152 [20 U.S.C. 7492] to authorize such sums 
as may be necessary for each of fiscal years 2016-21.
Section 7002--Native Hawaiian education
    Amends part B of title VII [20 U.S.C. 7511 et seq.] by 
striking paragraphs (14) through (21) of section 7202 [20 
U.S.C. 7512]. Amends section 7204 [20 U.S.C. 7514] to revise 
the members of the Native Hawaiian Education Council and 
authorize grants to better effectuate the purposes of this 
section through coordination of educational and related 
services and programs available to Native Hawaiians. Makes 
technical changes to section 7205 [20 U.S.C. 7515]. Amends 
section 7207 [20 U.S.C. 7517] to add a definition of 
``community consultation.''
Section 7003--Native Alaskan education
    Amends part C of title VII [20 U.S.C. 7451 et seq.] by 
amending paragraphs (1) through (7) in section 7302 [20 U.S.C. 
7542]. Amends section 7303 [20 U.S.C. 7543] to update the 
purposes of the program. Amends section 7304 [20 U.S.C. 7544] 
to authorize grants for Indian Tribes and tribal organizations 
to develop and implement plans, methods, strategies and 
activities to improve educational outcomes of Alaska Native 
peoples and evaluate programs for such people. Updates 
allowable uses of funds to include developing curricula and 
instructional programs that use Native Alaskan languages and 
cultures, training educators to serve Alaska Natives, and 
implementing early childhood and parenting programs, and 
programs aimed at increasing graduation rates and enrichment 
activities. Amends section 7305 [20 U.S.C. 7545] to require 
grant recipients to use not more than 5 percent of award 
funding for administrative purposes.
Section 7004--Native American language immersion schools and programs
    Adds a new part D of title VII to authorize the Secretary 
to award competitive grants to eligible entities (an Indian 
tribe, a Tribal College or University, a tribal educational 
agency, a public school, a Bureau of Indian Education school, 
an Alaska Native Regional Corporation, or a private, tribal, or 
Alaska Native nonprofit organization) to support schools that 
administer Native American or Alaska Native language immersion 
programs. Requires that entities receiving grants support 
native language education and development, provide professional 
development to strengthen a school's overall language and 
academic goals, and carry out other activities to promote the 
maintenance and revitalization of the native language relevant 
to the grant program. Authorizes such sums as may be necessary 
for fiscal years 2016-21.

                         title viii--impact aid

Section 8001--Purpose
    Amends section 8001[20 U.S.C. 7701] to make technical 
changes.
Section 8002--Amendment to Impact Aid Improvement Act of 2012
    Amends section 563(c) of the National Defense Authorization 
Act for fiscal year 2013 (Public Law 112-239; 126 Stat. 1748; 
20 U.S.C. 6301 note), by striking paragraphs (1) and (4).
Section 8003--Payments relating to Federal acquisition of real property
    Amends section 8002 [20 U.S.C. 7702] to update and clarify 
eligibility requirements and the calculation of taxable land.
Section 8004--Payments for eligible federally connected children
    Amends section 8003 [20 U.S.C. 7703] to clarify hold 
harmless provisions for local educational agencies that receive 
payments for eligible federally connected children. Streamlines 
and simplifies eligibility for heavily impacted local 
educational agencies, including loss of eligibility provisions 
and maximum award amounts. Eliminates the maintenance of effort 
provision.
Section 8005--Policies and procedures relating to children residing on 
        Indian lands
    Amends section 8004 [20 U.S.C. 7704] to make technical 
changes.
Section 8006--Application for payments under sections 8002 and 8003
    Amends section 8005 [20 U.S.C. 7705] to allow a local 
educational agency to count the number of children served on 
the date by which such agency requires all students to register 
for the school year of the fiscal year for which the 
application is filed.
Section 8007--Construction
    Amends section 8007 [20 U.S.C. 7707] to clarify that a 
local educational agency is eligible for an emergency or 
modernization grant if at least 10 percent of the property in 
such agency is exempt from State and local taxation. Strikes 
the Secretary's ability to require a local educational agency 
applying for an emergency or modernization grant to submit 
additional information beyond what is required in statute in 
its grant application.
Section 8008--State consideration of payments in providing State aid
    Amends section 8009 [20 U.S.C. 7709] to clarify under the 
procedures for review of State equalization plans that the 
Secretary cannot require additional information beyond what is 
required in statute.
Section 8009--Definitions
    Amends section 8013 [20 U.S.C. 7713] to clarify the 
definition of Federal property and update information regarding 
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411).
Section 8010--Federal administration
    Amends section 8014 [20 U.S.C. 7714] to update 
authorization levels to such sums as may be necessary for 
fiscal years 2016 through 2021.

                      title ix--general provisions

Title IX--Part A--Definitions
Section 9101--Definitions
    Amends section 9101 [20 U.S.C. 7801] to update and include 
definitions of ``4-Year Adjusted Cohort Graduation Rate,'' 
``Core Academic Subjects,'' ``Early Childhood Education 
program,'' ``English Learner,'' ``Evidence-Based,'' ``Expanded 
Learning Time,'' ``Extended-Year Adjusted Cohort Graduation 
Rate,'' ``High School,'' ``Multi-Tier System of Supports,'' 
``Professional Development,'' ``School Leader,'' ``State,'' 
``Specialized Instructional Support Personnel,'' and 
``Universal Design for Learning.'' Strikes the definitions of 
``Beginning Teacher,'' ``Exemplary Teacher,'' ``Highly 
Qualified'', ``Public Telecommunications Entity,'' 
``Scientifically Based Research'', and ``Teacher Mentoring.''
Section 9102--Applicability to Bureau of Indian education operated 
        schools
    Amends section 9103 [20 U.S.C. 7803] to replace the term 
``Bureau of Indian Affairs'' with ``Bureau of Indian 
Education.''
Section 9103--Consolidation of funds for local administration
    Makes technical changes to section 9203b [20 U.S.C. 7823b].
Section 9104--Rural consolidated plan
    Amends section 9305 [20 U.S.C. 7845] to allow two or more 
eligible rural local educational agencies or educational 
service agencies to submit a consolidated plan for covered 
programs.
Section 9105--Waivers of statutory and regulatory requirements
    Amends section 9401 [20 U.S.C. 7861] by clarifying the 
submission and application process for waiver requests. 
Describes the waiver approval and disapproval process where a 
waiver is approved or disapproved within 90 days unless the 
Secretary demonstrates that the waiver does not meet the 
requirements of, or is not permitted under, statute. If the 
Secretary determines the waiver does not meet requirements of 
statute, the Secretary must immediately notify the applying 
entity, including with the reasons for noncompliance, offer 
technical assistance, and offer the opportunity to revise and 
resubmit the request. Prohibits the Secretary from disapproving 
a waiver based on conditions outside the scope of the waiver 
request. Prohibits the Secretary from placing any requirements 
on State educational agencies, local educational agencies, or 
other entities as a condition of waiver approval that are not 
otherwise required under the Act and directly related to the 
waiver request. Clarifies annual report requirements.
Section 9106--Plan approval process
    Amends title IX by redesignating sections and parts. Adds a 
new part E to describe the approval and disapproval of title II 
and IV State and local plans and applications, and the 
consolidated plan and application. Mirrors this process with 
the limits and prohibitions on the Secretary's approval 
authority for the title I State plan.
Section 9107--Participation by private school children and teachers
    Amends sections 9501 [20 U.S.C. 7881] by updating the 
programs to which equitable participation applies. Removes the 
limitation that part A of title II equitable services are 
determined only to the extent that such funds are used for 
professional development. Adds more transparency into how 
equitable services are determined and if the services will be 
provided by a third-party.
Section 9108--Maintenance of effort
    Amends section 9521 [20 U.S.C. 7901] to allow a local 
educational agency, for 1 year, to not be subject to Federal 
fund reductions as a consequence of failing to maintain 90 
percent of the combined fiscal effort per student or aggregate 
State and agency expenditures from the previous fiscal year, 
provided the local educational agency has not failed to 
maintain such fiscal effort for one or more of the five 
immediately preceding fiscal years. Adds an additional 
exceptional circumstance, a change in organizational structure 
of the local educational agency, in which maintenance of effort 
requirements may be waived.
Section 9109--School prayer
    Amends section 9524 [20 U.S.C. 7904] to make technical 
changes.
Section 9110--Prohibitions on Federal Government and use of Federal 
        funds
    Amends section 9527 [20 U.S.C. 7907] to strengthen 
prohibitions against the Federal Government from mandating, 
directing, controlling, incentivizing, or making financial 
support conditioned upon the adoption of specific academic 
standards or assessments (such as the Common Core State 
Standards or assessments aligned to such standards), 
curriculum, program of instruction, or instructional content. 
Includes prohibitions on the Federal endorsement of curriculum, 
and against Federal approval or certification of standards.
Section 9111--Armed Forces recruiter access to student and student 
        recruiting information
    Strikes the special rule in section 9528 [20 U.S.C. 7908].
Section 9112--Prohibition on federally sponsored testing
    Amends section 9529 [20 U.S.C. 7909] to strengthen 
prohibitions on the development of any federally sponsored 
national test, including assessments or testing materials 
aligned to the Common Core State Standards. Adds a Rule of 
Construction to ensure State and local educational agencies can 
use funds for the development or implementation of any 
instructional content, academic standards, academic 
assessments, curriculum, or program of instruction that a State 
or local educational agency or school chooses, as permitted 
under State and local law.
Section 9113--Limitations on national testing or certification for 
        teachers
    Amends section 9530 [20 U.S.C. 7910] to include principals. 
Adds further prohibitions against incentivizing national 
testing or certification for teachers or principals.
Section 9114--Consultation with Indian tribes and tribal organizations
    Adds a new section 9538 to ensure timely and meaningful 
consultation with tribes or tribal organizations in the 
development of local educational agencies programs under this 
Act if a local educational agency has at least 50 percent 
enrollment of American Indian and Alaska Native students, or no 
less than 50 of such students.
Section 9115--Outreach and technical assistance for rural and local 
        educational agencies
    Adds a new section 9539 to ensure the Secretary will 
provide outreach and assistance to rural local educational 
agencies.
Section 9116--Evaluations
    Amends section 9601 [20 U.S.C. 7941] to require the 
Director of the Institute of Education Sciences to be consulted 
in reserving funds for evaluations of programs under this Act. 
Prioritizes impact evaluations of programs using rigorous 
methodology. Requires program evaluation findings to be widely 
disseminated. Allows the Secretary and Director of the 
Institute of Education Sciences to consolidate funds from the 
reservations made from programs to conduct program evaluation, 
while not requiring evaluations of each program each year. 
Requires the Director of the Institute of Education Sciences to 
develop a biennial evaluation plan. Consolidates all program 
evaluations across the Act under this authority.

          title x--education for homeless children and youths

Section 10101--Statement of policy
    Amends section 721 of the McKinney-Vento Homeless 
Assistance Act [42 U.S.C. 11431] to improve the statement of 
policy and make technical edits.
Section 10102--Grants for State and local activities
    Amends section 722 of the McKinney-Vento Homeless 
Assistance Act [42 U.S.C. 11432] to strengthen the functions of 
the Office of the Coordinator for Education of Homeless 
Children and Youth and improve collaboration and coordination 
between the coordinator, educators, local educational agency 
liaisons, and various service providers. Improves policies and 
procedures related to school stability and access to academic 
and extra-curricular activities for homeless students. Ensures 
that local educational agency liaisons focus on identification 
and services for homeless students, including preschool-age and 
unaccompanied homeless students. Requires that local 
educational agencies have policies and procedures to ensure 
that homeless youth are able to receive credit for prior 
coursework and that records are transferred to an enrolling 
school.
Section 10103--Local educational agency subgrants
    Amends section 723 of the McKinney-Vento Homeless 
Assistance Act [42 U.S.C. 11433] to improve application 
requirements for local educational agencies requesting funds to 
serve homeless students. Adds assurances that local educational 
agencies will meaningfully engage families of homeless children 
and youth and that States will prioritize funds to local 
educational agencies that will leverage other resources to 
support homeless youth.
Section 10104--Secretarial responsibilities
    Amends section 724 of the McKinney-Vento Homeless 
Assistance Act [42 U.S.C. 11434] to require the Secretary to 
publish and disseminate a notice nationwide of the services 
available to homeless youth. Requires the Secretary to provide 
support and technical assistance to States concerning areas in 
which documented barriers to a free appropriate public 
education persist. Requires the Secretary to issue guidelines 
for how a State may assist local educational agencies to meet 
the requirements of the Act and revise procedures that may 
present barriers for identification of and services for 
homeless youth.
Section 10105--Definitions
    Amends section 725 of the McKinney-Vento Homeless 
Assistance Act [42 U.S.C. 11434a(6)] to clarify the definition 
of unaccompanied youth.
Section 10106--Authorization of appropriations
    Amends section 726 of the McKinney-Vento Homeless 
Assistance Act [42 U.S.C. 11435] by authorizing such sums as 
necessary for fiscal years 2016 through 2021.

                         VIII. Additional Views

    Every child deserves a quality education. When Congress 
originally passed the Elementary and Secondary Education Act 
(ESEA) in 1965 it was a promise to the American people to 
provide a free, quality education to all children no matter 
their background and situation in life. With the 
reauthorization of ESEA, we have the opportunity to ensure that 
we keep that promise.
    The committee bill makes positive changes to restore the 
responsibility of educating our Nation's children back to the 
States and local school districts, and continues to give 
parents a choice on which school is best for their child by 
strengthening the public charter schools program. However, the 
committee bill lacks policies and resources to specifically 
help students with dyslexia.
    Dyslexia is defined as an unexpected difficulty in reading 
for an individual who has the intelligence to be a much better 
reader. Dyslexia reflects a difficulty in getting to the 
individual sounds of spoken language which impacts speaking, 
reading, spelling, and often, learning a second language. It is 
the most common learning disability. A National Institutes of 
Health study found the prevalence rate of dyslexia is nearly 20 
percent. Dyslexia impacts Americans from all walks of life, 
including Members of Congress, our staff, our families, and 
thousands of constituents. As a parent of a dyslexic child and 
as a U.S. Senator, I am amazed at how much is known about 
dyslexia yet, far too often, not incorporated into education 
policies.
    As such, I commend the committee for their efforts to find 
a path forward to ensure that resources for children with 
specific learning disabilities, including dyslexia, are a part 
of the final reauthorization bill. The final conference 
reported bill contains a provision to establish a comprehensive 
center for students at risk of not attaining full literacy 
skills due to a disability, including dyslexia.
    Comprehensive centers provide training, technical 
assistance, and professional development to build State 
capacity to provide high-quality education for all students. 
The centers provide support to State educational agencies, and 
through them, to local school districts and schools, helping 
them to make evidence-based investments that have been shown to 
improve student outcomes.
    The comprehensive center created in the final conference 
reported bill will specifically:

     Identify or develop free or low cost evidence-
based assessment tools for identifying students at risk of not 
attaining full literacy skill due to a disability, including 
dyslexia impacting reading or writing; or developmental delay 
impacting reading, writing, language processing, comprehension, 
or executive functioning;
     Identify evidence-based literacy instruction, 
strategies, and accommodations, including assistive technology, 
designed to meet the specific needs of such students;
     Provide families of such student with information;
     Identify or develop evidence-based professional 
development for teachers, principals, other school leaders, and 
specialized instructional support personnel to----

         Lunderstand early indicators of students at 
        risk of not attaining full literacy skills due to a 
        disability, including dyslexia impacting reading or 
        writing; or developmental delay impacting reading, 
        writing, language processing, comprehension, or 
        executive functioning;
         Luse evidence-based screening assessments for 
        early identification of such students beginning no 
        later than kindergarten; and
         Limplement evidence-based instruction designed 
        to meet the specific needs of such students; and

     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 and regional education 
laboratories.

    I look forward to the creation of the center. It is my hope 
that the U.S. Department of Education will award the center to 
a highly qualified entity with demonstrated ability and 
experience in the specific research on dyslexia and knowledge 
of the use of evidence-based programs that have proven 
efficacy.
    While Committee Democrats voted in support of advancing the 
Every Child Achieves Act (ECAA), we believe additional 
improvements should be made when it comes to provisions 
critical to building an equitable education system that 
provides opportunity for all children and fulfills the promise 
of the Elementary and Secondary Education Act (ESEA) as a civil 
rights statute.
    The last reauthorization of ESEA, also known as No Child 
Left Behind (NCLB), required States for the first time to hold 
schools accountable for the performance of all students, 
including groups of historically disadvantaged students such as 
low-income students, students of color, students with 
disabilities, and students who are English learners.
    However, many of NCLB's provisions, particularly the 
requirement that 100 percent of students be proficient by the 
year 2014 and NCLB's one-size-fits-all requirements for school 
identification and intervention had significant flaws and were 
overly prescriptive, burdensome, and in need of replacement. 
Even with these flaws, since NCLB was enacted, the achievement 
gap has narrowed, high school graduation rates have increased, 
and our Nation's students have seen stronger educational 
opportunities. As the ESEA reauthorization process moves 
forward, Committee Democrats will continue to seek to balance 
the need for greater State and local flexibility with the need 
for important guardrails to ensure that States maintain focus 
on the academic needs of all students, regardless of their 
backgrounds or the zip codes in which they live.
    Provisions in ECAA demonstrate that States are still 
expected to hold schools accountable for the performance of all 
students, including low-income students, students of color, 
students with disabilities, and English learners. For example, 
States must include the performance of all students and these 
groups of students individually in their accountability 
systems. These requirements are intended to ensure that each 
school is held accountable not only for overall academic 
achievement of all students, but also for the academic 
achievement of individual groups of students.
    ECAA also requires States and school districts to 
distinguish between the lowest performing schools and schools 
identified for other reasons, including schools with groups of 
students not meeting their annual goals, when identifying and 
developing intervention and support strategies for those 
schools. It allows districts to tailor interventions and 
supports to the needs of the students and schools identified.
    While this requirement is intended to send a clear signal 
to States that they are still expected to identify the lowest 
performing schools and schools where groups of students are 
neither growing sufficiently academically nor achieving 
academically, and while the Department of Education would be 
able to monitor States' compliance with this provision in 
accordance with its administrative responsibilities and general 
enforcement powers, there are no provisions in the bill that 
specifically require States to identify such schools.
    This bill does not include a direct requirement to identify 
schools where groups of students are underperforming and a 
minimum percentage of elementary and secondary schools that are 
chronically underperforming, including those high schools in 
which high percentages of students do not graduate and which 
are not showing significant increases in graduation rates. As a 
result, there are valid concerns that States may come under 
pressure to no longer identify schools where students are 
neither growing academically nor achieving academically. 
Identifying these schools and taking the action necessary to 
improve schools can be among the most difficult decisions that 
State and local leaders face, and support from the Federal 
Government is essential to help ensure action is taken.
    ECAA provides dedicated funding for States and districts to 
implement evidence-based school intervention and support 
strategies in these underperforming schools. Committee 
Democrats believe the bill must require districts and States to 
improve and support chronically low-performing schools and 
schools where groups of students are not growing academically 
nor achieving academically.
    Committee Democrats are also concerned about the nature of 
State accountability systems that could be designed under this 
bill. States must consider student achievement, graduation 
rates for high schools, and one other academic indicator for 
elementary and middle schools as ``substantial'' factors. There 
are concerns that some States may place insufficient weight on 
student outcomes, including on the outcomes of disadvantaged 
groups of students.
    While NCLB placed too much emphasis on one indicator of 
student success derived from a single assessment proficiency 
score, it is possible that some States could develop 
complicated indexes of metrics to mask low academic performance 
of disadvantaged students. While we firmly believe that 
accountability systems must take into account multiple measures 
of student success, academic achievement and graduation rates 
must be the primary factors in such systems. As ECAA moves 
forward, the bill needs to ensure academic outcomes are at the 
forefront of State accountability systems. It is essential that 
the Department of Education has the ability to implement these 
and other provisions of the law to ensure that it protects at-
risk students and provides accountability for taxpayer funds.
    Congress also needs to continue working to strengthen the 
provisions in ECAA related to school interventions and supports 
as this bill moves forward. Once schools are identified, 
districts and States must provide those schools with the 
resources and support needed to carry out evidence-based and 
effective interventions to improve. States and districts should 
also be responsible for monitoring those interventions and 
taking steps to modify, change, or strengthen those 
interventions if they are not effective.
    While ECAA requires States and districts to establish 
systems for this type of monitoring, the bill does not include 
a timeline for the additional steps States have to take to 
assist school districts if interventions have not proven 
effective in low performing schools. Committee Democrats 
believe that interventions and supports should be tailored to 
unique community needs, school challenges, and reasons for 
identification, but also believe that States should establish 
timelines for improvement, ensure that schools receive the 
support needed to implement interventions, and take additional 
steps such as strengthening interventions and supports if 
schools do not improve after a certain number of years.
    Committee Democrats remain committed to continuing to 
strengthen access to equitable resources for all our schools 
and students. While this bill improves reporting requirements 
for teacher quality, per-pupil expenditures, access to early 
childhood education, and other factors, States must also be 
required to take responsibility for ensuring that all students 
receive equitable access to the resources they need to succeed.
    Further, Committee Democrats remain concerned that this 
bill does not include legislative language to ensure truly 
comparable education spending in high-poverty and low poverty 
schools within districts receiving Federal assistance through 
title I. The failure to require true comparability of education 
spending as a condition of receipt of title I funds has serious 
impact on the most under-resourced schools, which often have 
higher concentrations of low-income students. The 
reauthorization of the ESEA must be seized as an opportunity to 
address educational inequity, and ECAA should continue to move 
in that direction as it advances.
    Committee Democrats remain optimistic that these important 
concerns can be addressed as the process moves forward. NCLB is 
a broken law that needs to be fixed, and we are very glad that 
this bipartisan bill is moving in the right direction. We are 
committed to working with our Republican colleagues to advance 
these priorities and ensure that every child has the 
opportunity to attain an excellent education that prepares him 
or her for success in post-secondary education and the 
workforce.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing rules of the Senate, changes in existing law made by 
the bill as reported are shown as follows: Existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman:

           *       *       *       *       *       *       *

ELEMENTARY AND SECONDARY EDUCATION ACT of 1965

           *       *       *       *       *       *       *

SECTION 1. SHORT TITLE.

    * * *

[SEC. 2. TABLE OF CONTENTS.

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

[Sec. 1. Short title.
[Sec. 2. Table of contents.

   [TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED]

[Sec. 1001. Statement of purpose.
[Sec. 1002. Authorization of appropriations.
[Sec. 1003. School improvement.
[Sec. 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. Academic assessment and local educational agency and school 
          improvement.
[Sec. 1117. School support and recognition.
[Sec. 1118. Parental involvement.
[Sec. 1119. Qualifications for teachers and paraprofessionals.
[Sec. 1120. Participation of children enrolled in private schools.
[Sec. 1120A. Fiscal requirements.
[Sec. 1120B. 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--Student Reading Skills Improvement Grants]

                       [Subpart 1--Reading First]

[Sec. 1201. Purposes.
[Sec. 1202. Formula grants to State educational agencies.
[Sec. 1203. State formula grant applications.
[Sec. 1204. Targeted assistance grants.
[Sec. 1205. External evaluation.
[Sec. 1206. National activities.
[Sec. 1207. Information dissemination.
[Sec. 1208. Definitions.

                    [Subpart 2--Early Reading First]

[Sec. 1221. Purposes; definitions.
[Sec. 1222. Local Early Reading First grants.
[Sec. 1223. Federal administration.
[Sec. 1224. Information dissemination.
[Sec. 1225. Reporting requirements.
[Sec. 1226. Evaluation.

  [Subpart 3--William F. Goodling Even Start Family Literacy Programs]

[Sec. 1231. Statement of purpose.
[Sec. 1232. Program authorized.
[Sec. 1233. State educational agency programs.
[Sec. 1234. Uses of funds.
[Sec. 1235. Program elements.
[Sec. 1236. Eligible participants.
[Sec. 1237. Applications.
[Sec. 1238. Award of subgrants.
[Sec. 1239. Evaluation.
[Sec. 1240. Indicators of program quality.
[Sec. 1241. Research.
[Sec. 1242. Construction.

        [Subpart 4--Improving Literacy Through School Libraries]

[Sec. 1251. Improving literacy through school libraries.

                [Part C--Education of Migratory Children]

[Sec. 1301. Program purpose.
[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.
[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--National Assessment of Title I

[Sec. 1501. Evaluations.
[Sec. 1502. Demonstrations of innovative practices.
[Sec. 1503. Assessment evaluation.
[Sec. 1504. Close Up fellowship program.

                  [Part F--Comprehensive School Reform]

[Sec. 1601. Purpose.
[Sec. 1602. Program authorization.
[Sec. 1603. State applications.
[Sec. 1604. State use of funds.
[Sec. 1605. Local applications.
[Sec. 1606. Local use of funds.
[Sec. 1607. Evaluation and reports.
[Sec. 1608. Quality initiatives.

                  [Part G--Advanced Placement Programs]

[Sec. 1701. Short title.
[Sec. 1702. Purposes.
[Sec. 1703. Funding distribution rule.
[Sec. 1704. Advanced placement test fee program.
[Sec. 1705. Advanced placement incentive program grants.
[Sec. 1706. Supplement, not supplant.
[Sec. 1707. Definitions.

                   [Part H--School Dropout Prevention]

[Sec. 1801. Short title.
[Sec. 1802. Purpose.
[Sec. 1803. Authorization of appropriations.

               [Subpart 1--Coordinated National Strategy]

[Sec. 1811. National activities.

            [Subpart 2--School Dropout Prevention Initiative]

[Sec. 1821. Definitions.
[Sec. 1822. Program authorized.
[Sec. 1823. Applications.
[Sec. 1824. State reservation.
[Sec. 1825. Strategies and capacity building.
[Sec. 1826. Selection of local educational agencies for subgrants.
[Sec. 1827. Community based organizations.
[Sec. 1828. Technical assistance.
[Sec. 1829. School dropout rate calculation.
[Sec. 1830. Reporting and accountability.

                      [Part I--General Provisions]

[Sec. 1901. Federal regulations.
[Sec. 1902. Agreements and records.
[Sec. 1903. State administration.
[Sec. 1904. Local educational agency spending audits.
[Sec. 1905. Prohibition against Federal mandates, direction, or control.
[Sec. 1906. Rule of construction on equalized spending.
[Sec. 1907. State report on dropout data.
[Sec. 1908. Regulations for sections 1111 and 1116.

[TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND 
                               PRINCIPALS]

      [Part A--Teacher and Principal Training and Recruiting Fund]

[Sec. 2101. Purpose.
[Sec. 2102. Definitions.
[Sec. 2103. Authorizations of appropriations.

                      [Subpart 1--Grants to States]

[Sec. 2111. Allotments to States.
[Sec. 2112. State applications.
[Sec. 2113. State use of funds.

          [Subpart 2--Subgrants to Local Educational Agencies]

[Sec. 2121. Allocations to local educational agencies.
[Sec. 2122. Local applications and needs assessment.
[Sec. 2123. Local use of funds.

             [Subpart 3--Subgrants to Eligible Partnerships]

[Sec. 2131. Definitions.
[Sec. 2132. Subgrants.
[Sec. 2133. Applications.
[Sec. 2134. Use of funds.

                       [Subpart 4--Accountability]

[Sec. 2141. Technical assistance and accountability.

                    [Subpart 5--National Activities]

[Sec. 2151. National activities of demonstrated effectiveness.

             [Part B--Mathematics and Science Partnerships]

[Sec. 2201. Purpose; definitions.
[Sec. 2202. Grants for mathematics and science partnerships.
[Sec. 2203. Authorization of appropriations.

                [Part C--Innovation for Teacher Quality]

                  [Subpart 1--Transitions to Teaching]

  [Chapter A (relating to Troops-To-Teachers Program) was repealed by 
          section 541(d) of division A of Public Law 112-239.]

               [CHAPTER B--TRANSITION TO TEACHING PROGRAM]

[Sec. 2311. Purposes.
[Sec. 2312. Definitions.
[Sec. 2313. Grant program.
[Sec. 2314. Evaluation and accountability for recruiting and retaining 
          teachers.

                     [CHAPTER C--GENERAL PROVISIONS]

[Sec. 2321. Authorization of appropriations.

                  [Subpart 2--National Writing Project]

[Sec. 2331. Purposes.
[Sec. 2332. National Writing Project.

                      [Subpart 3--Civic Education]

[Sec. 2341. Short title.
[Sec. 2342. Purpose.
[Sec. 2343. General authority.
[Sec. 2344. We the People program.
[Sec. 2345. Cooperative civic education and economic education exchange 
          programs.
[Sec. 2346. Authorization of appropriations.

          [Subpart 4--Teaching of Traditional American History]

[Sec. 2351. Establishment of program.
[Sec. 2352. Authorization of appropriations.

                [Subpart 5--Teacher Liability Protection]

[Sec. 2361. Short title.
[Sec. 2362. Purpose.
[Sec. 2363. Definitions.
[Sec. 2364. Applicability.
[Sec. 2365. Preemption and election of State nonapplicability.
[Sec. 2366. Limitation on liability for teachers.
[Sec. 2367. Allocation of responsibility for noneconomic loss.
[Sec. 2368. Effective date.

            [Part D--Enhancing Education Through Technology]

[Sec. 2401. Short title.
[Sec. 2402. Purposes and goals.
[Sec. 2403. Definitions.
[Sec. 2404. Authorization of appropriations.

             [Subpart 1--State and Local Technology Grants]

[Sec. 2411. Allotment and reallotment.
[Sec. 2412. Use of allotment by State.
[Sec. 2413. State applications.
[Sec. 2414. Local applications.
[Sec. 2415. State activities.
[Sec. 2416. Local activities.

               [Subpart 2--National Technology Activities]

[Sec. 2421. National activities.
[Sec. 2422. National education technology plan.

                 [Subpart 3--Ready-to-Learn Television]

[Sec. 2431. Ready-to-Learn Television.

  [Subpart 4--Limitation on Availability of Certain Funds for Schools]

[Sec. 2441. Internet safety.

  [TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND 
                           IMMIGRANT STUDENTS]

[Sec. 3001. Authorizations of appropriations; condition on effectiveness 
          of parts.

    [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. Evaluations.
[Sec. 3122. Achievement objectives and accountability.
[Sec. 3123. Reporting requirements.
[Sec. 3124. Coordination with related programs.
[Sec. 3125. Rules of construction.
[Sec. 3126. Legal authority under State law.
[Sec. 3127. Civil rights.
[Sec. 3128. Programs for Native Americans and Puerto Rico.
[Sec. 3129. Prohibition.

                    [Subpart 3--National Activities]

[Sec. 3131. National professional development project.

                        [Subpart 4--Definitions]

[Sec. 3141. Eligible entity.

      [Part B--Improving Language Instruction Educational Programs]

[Sec. 3201. Short title.
[Sec. 3202. Purpose.
[Sec. 3203. Native American children in school.
[Sec. 3204. Residents of the territories and freely associated states.

            [Subpart 1--Program Development and Enhancement]

[Sec. 3211. Financial assistance for language instruction educational 
          programs.
[Sec. 3212. Program enhancement activities.
[Sec. 3213. Comprehensive school and systemwide improvement activities.
[Sec. 3214. Applications.
[Sec. 3215. Capacity building.
[Sec. 3216. Programs for Native Americans and Puerto Rico.
[Sec. 3217. Evaluations.
[Sec. 3218. Construction.

          [Subpart 2--Research, Evaluation, and Dissemination]

[Sec. 3221. Authority.
[Sec. 3222. Research.
[Sec. 3223. Academic excellence awards.
[Sec. 3224. State grant program.
[Sec. 3225. Instruction materials development.

                  [Subpart 3--Professional Development]

[Sec. 3231. Professional development grants.

           [Subpart 4--Emergency Immigrant Education Program]

[Sec. 3241. Purpose.
[Sec. 3242. State administrative costs.
[Sec. 3243. Withholding.
[Sec. 3244. State allotments.
[Sec. 3245. State applications.
[Sec. 3246. Administrative provisions.
[Sec. 3247. Uses of funds.
[Sec. 3248. Reports.

                       [Subpart 5--Administration]

[Sec. 3251. Release time.
[Sec. 3252. Notification.
[Sec. 3253. Coordination and reporting requirements.

                       [Part C--General Provisions

[Sec. 3301. Definitions.
[Sec. 3302. Parental notification.
[Sec. 3303. National Clearinghouse.
[Sec. 3304. Regulations.

                    [TITLE IV--21ST CENTURY SCHOOLS]

          [Part A--Safe and Drug-Free Schools and Communities]

[Sec. 4001. Short title.
[Sec. 4002. Purpose.
[Sec. 4003. Authorization of appropriations.

                        [Subpart 1--State Grants]

[Sec. 4111. Reservations and allotments.
[Sec. 4112. Reservation of State funds for safe and drug-free schools.
[Sec. 4113. State application.
[Sec. 4114. Local educational agency program.
[Sec. 4115. Authorized activities.
[Sec. 4116. Reporting.
[Sec. 4117. Programs for Native Hawaiians.

                     [Subpart 2--National Programs]

[Sec. 4121. Federal activities.
[Sec. 4122. Impact evaluation.
[Sec. 4123. Hate crime prevention.
[Sec. 4124. Safe and Drug-Free Schools and Communities Advisory 
          Committee.
[Sec. 4125. National coordinator program.
[Sec. 4126. Community service grant program.
[Sec. 4127. School Security Technology and Resource Center.
[Sec. 4128. National Center for School and Youth Safety.
[Sec. 4129. Grants to reduce alcohol abuse.
[Sec. 4130. Mentoring programs.

                       [Subpart 3--Gun Possession]

[Sec. 4141. Gun-free requirements.

                     [Subpart 4--General Provisions]

[Sec. 4151. Definitions.
[Sec. 4152. Message and materials.
[Sec. 4153. Parental consent.
[Sec. 4154. Prohibited uses of funds.
[Sec. 4155. Transfer of school disciplinary records.

            [Part B--21st Century Community Learning Centers]

[Sec. 4201. Purpose; definitions.
[Sec. 4202. Allotments to States.
[Sec. 4203. State application.
[Sec. 4204. Local competitive grant program.
[Sec. 4205. Local activities.
[Sec. 4206. Authorization of appropriations.

                  [Part C--Environmental Tobacco Smoke]

[Sec. 4301. Short title.
[Sec. 4302. Definitions.
[Sec. 4303. Nonsmoking policy for children's services.
[Sec. 4304. Preemption.

  [TITLE V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS]

                      [Part A--Innovative Programs]

[Sec. 5101. Purposes, State and local responsibility.

                  [Subpart 1--State and Local Programs]

[Sec. 5111. Allotment to States.
[Sec. 5112. Allocation to local educational agencies.

                       [Subpart 2--State Programs]

[Sec. 5121. State uses of funds.
[Sec. 5122. State applications.

            [Subpart 3--Local Innovative Education Programs]

[Sec. 5131. Local uses of funds.
[Sec. 5132. Administrative authority.
[Sec. 5133. Local applications.

                     [Subpart 4--General Provisions]

[Sec. 5141. Maintenance of effort.
[Sec. 5142. Participation of children enrolled in private schools.
[Sec. 5143. Federal administration.
[Sec. 5144. Supplement, not supplant.
[Sec. 5145. Definitions.
[Sec. 5146. Authorization of appropriations.

                    [Part B--Public Charter Schools]

                  [Subpart 1--Charter School Programs]

[Sec. 5201. Purpose.
[Sec. 5202. Program authorized.
[Sec. 5203. Applications.
[Sec. 5204. Administration.
[Sec. 5205. National activities.
[Sec. 5206. Federal formula allocation during first year and for 
          successive enrollment expansions.
[Sec. 5207. Solicitation of input from charter school operators.
[Sec. 5208. Records transfer.
[Sec. 5209. Paperwork reduction.
[Sec. 5210. Definitions.
[Sec. 5211. Authorization of appropriations.

  [Subpart 2--Credit Enhancement Initiatives To Assist Charter School 
           Facility Acquisition, Construction, and Renovation]

[Sec. 5221. Purpose.
[Sec. 5222. Grants to eligible entities.
[Sec. 5223. Applications.
[Sec. 5224. Charter school objectives.
[Sec. 5225. Reserve account.
[Sec. 5226. Limitation on administrative costs.
[Sec. 5227. Audits and reports.
[Sec. 5228. No full faith and credit for grantee obligations.
[Sec. 5229. Recovery of funds.
[Sec. 5230. Definitions.
[Sec. 5231. Authorization of appropriations.

          [Subpart 3--Voluntary Public School Choice Programs]

[Sec. 5241. Grants.
[Sec. 5242. Uses of funds.
[Sec. 5243. Applications.
[Sec. 5244. Priorities.
[Sec. 5245. Requirements and voluntary participation.
[Sec. 5246. Evaluations.
[Sec. 5247. Definitions.
[Sec. 5248. Authorization of appropriations.

                   [Part C--Magnet Schools Assistance]

[Sec. 5301. Findings and purpose.
[Sec. 5302. Definition.
[Sec. 5303. Program authorized.
[Sec. 5304. Eligibility.
[Sec. 5305. Applications and requirements.
[Sec. 5306. Priority.
[Sec. 5307. Use of funds.
[Sec. 5308. Prohibition.
[Sec. 5309. Limitations.
[Sec. 5310. Evaluations.
[Sec. 5311. Authorization of appropriations; reservation.

             [Part D--Fund for the Improvement of Education]

[Sec. 5401. Authorization of appropriations.

           [Subpart 1--Fund for the Improvement of Education]

[Sec. 5411. Programs authorized.
[Sec. 5412. Applications.
[Sec. 5413. Program requirements.
[Sec. 5414. Studies of national significance.

    [Subpart 2--Elementary and Secondary School Counseling Programs]

[Sec. 5421. Elementary and secondary school counseling programs.

            [Subpart 3--Partnerships in Character Education]

[Sec. 5431. Partnerships in Character Education program.

                [Subpart 4--Smaller Learning Communities]

[Sec. 5441. Smaller learning communities.

   [Subpart 5--Reading Is Fundamental--Inexpensive Book Distribution 
                                Program ]

[Sec. 5451. Inexpensive book distribution program for reading 
          motivation.

                [Subpart 6--Gifted and Talented Students]

[Sec. 5461. Short title.
[Sec. 5462. Purpose.
[Sec. 5463. Rule of construction.
[Sec. 5464. Authorized programs.
[Sec. 5465. Program priorities.
[Sec. 5466. General provisions.

                    [Subpart 7--Star Schools Program]

[Sec. 5471. Short title.
[Sec. 5472. Purposes.
[Sec. 5473. Grant program authorized.
[Sec. 5474. Applications.
[Sec. 5475. Other grant assistance.
[Sec. 5476. Administrative provisions.
[Sec. 5477. Definitions.

                       [Subpart 8--Ready to Teach]

[Sec. 5481. Grants.
[Sec. 5482. Application required.
[Sec. 5483. Reports and evaluation.
[Sec. 5484. Digital educational programming grants.
[Sec. 5485. Administrative costs.

            [Subpart 9--Foreign Language Assistance Program]

[Sec. 5491. Short title.
[Sec. 5492. Program authorized.
[Sec. 5493. Applications.
[Sec. 5494. Elementary school foreign language incentive program.

                    [Subpart 10--Physical Education]

[Sec. 5501. Short title.
[Sec. 5502. Purpose.
[Sec. 5503. Program authorized.
[Sec. 5504. Applications.
[Sec. 5505. Requirements.
[Sec. 5506. Administrative provisions.
[Sec. 5507. Supplement, not supplant.

               [Subpart 11--Community Technology Centers]

[Sec. 5511. Purpose and program authorization.
[Sec. 5512. Eligibility and application requirements.
[Sec. 5513. Uses of funds.

    [Subpart 12--Educational, Cultural, Apprenticeship, and Exchange 
  Programs for Alaska Natives, Native Hawaiians, and Their Historical 
             Whaling and Trading Partners in Massachusetts]

[Sec. 5521. Short title.
[Sec. 5522. Findings and purposes.
[Sec. 5523. Program authorization.
[Sec. 5524. Administrative provisions.
[Sec. 5525. Availability of funds.
[Sec. 5526. Definitions.

             [Subpart 13--Excellence in Economic Education]

[Sec. 5531. Short title.
[Sec. 5532. Purpose and goals.
[Sec. 5533. Grant program authorized.
[Sec. 5534. Applications.
[Sec. 5535. Requirements.
[Sec. 5536. Administrative provisions.
[Sec. 5537. Supplement, not supplant.

      [Subpart 14--Grants to Improve the Mental Health of Children]

[Sec. 5541. Grants for the integration of schools and mental health 
          systems.
[Sec. 5542. Promotion of school readiness through early childhood 
          emotional and social development.

                     [Subpart 15--Arts in Education]

[Sec. 5551. Assistance for arts education.

 [Subpart 16--Parental Assistance and Local Family Information Centers]

[Sec. 5561. Purposes.
[Sec. 5562. Grants authorized.
[Sec. 5563. Applications.
[Sec. 5564. Uses of funds.
[Sec. 5565. Administrative provisions.
[Sec. 5566. Local family information centers.

               [Subpart 17--Combatting Domestic Violence]

[Sec. 5571. Grants to combat the impact of experiencing or witnessing 
          domestic violence on elementary and secondary school children.

             [Subpart 18--Healthy, High-Performance Schools]

[Sec. 5581. Grant program authorized.
[Sec. 5582. State uses of funds.
[Sec. 5583. Local uses of funds.
[Sec. 5584. Report to Congress.
[Sec. 5585. Limitations.
[Sec. 5586. Healthy, high-performance school building defined.

[Subpart 19--Grants for Capital Expenses of Providing Equitable Services 
                      for Private School Students]

[Sec. 5591. Grant program authorized.
[Sec. 5592. Uses of funds.
[Sec. 5593. Allotments to States.
[Sec. 5594. Subgrants to local educational agencies.
[Sec. 5595. Capital expenses defined.
[Sec. 5596. Termination.

    [Subpart 20--Additional Assistance for Certain Local Educational 
           Agencies Impacted by Federal Property Acquisition]

[Sec. 5601. Reservation.
[Sec. 5602. Eligibility.
[Sec. 5603. Maximum amount.

              [Subpart 21--Women's Educational Equity Act]

[Sec. 5611. Short title and findings.
[Sec. 5612. Statement of purpose.
[Sec. 5613. Programs authorized.
[Sec. 5614. Applications.
[Sec. 5615. Criteria and priorities.
[Sec. 5616. Report.
[Sec. 5617. Administration.
[Sec. 5618. Amount.

               [TITLE VI--FLEXIBILITY AND ACCOUNTABILITY]

                [Part A--Improving Academic Achievement]

                       [Subpart 1--Accountability]

[Sec. 6111. Grants for State assessments and related activities.
[Sec. 6112. Grants for enhanced assessment instruments.
[Sec. 6113. Funding.

  [Subpart 2--Funding Transferability for State and Local Educational 
                                Agencies]

[Sec. 6121. Short title.
[Sec. 6122. Purpose.
[Sec. 6123. Transferability of funds.

         [Subpart 3--State and Local Flexibility Demonstration]

[Sec. 6131. Short title.
[Sec. 6132. Purpose.
[Sec. 6133. General provision.

                [CHAPTER A--STATE FLEXIBILITY AUTHORITY]

[Sec. 6141. State flexibility.
[Sec. 6142. Consolidation and use of funds.
[Sec. 6143. Performance review and penalties.
[Sec. 6144. Renewal of grant of flexibility authority.

              [CHAPTER B--LOCAL FLEXIBILITY DEMONSTRATION]

[Sec. 6151. Local flexibility demonstration agreements.
[Sec. 6152. Consolidation and use of funds.
[Sec. 6153. Limitations on administrative expenditures.
[Sec. 6154. Performance review and penalties.
[Sec. 6155. Renewal of local flexibility demonstration agreement.
[Sec. 6156. Reports.

     [Subpart 4--State Accountability for Adequate Yearly Progress]

[Sec. 6161. Accountability for adequate yearly progress.
[Sec. 6162. Peer review.
[Sec. 6163. Technical assistance.
[Sec. 6164. Report to Congress.

                  [Part B--Rural Education Initiative]

[Sec. 6201. Short title.
[Sec. 6202. Purpose.

          [Subpart 1--Small, Rural School Achievement Program]

[Sec. 6211. Use of applicable funding.
[Sec. 6212. Grant program authorized.
[Sec. 6213. Accountability.

            [Subpart 2--Rural and Low-Income School Program]

[Sec. 6221. Program authorized.
[Sec. 6222. Uses of funds.
[Sec. 6223. Applications.
[Sec. 6224. Accountability.

                     [Subpart 3--General Provisions]

[Sec. 6231. Annual average daily attendance determination.
[Sec. 6232. Supplement, not supplant.
[Sec. 6233. Rule of construction.
[Sec. 6234. orization of appropriations.

                      [Part C--General Provisions]

[Sec. 6301. Prohibition against Federal mandates, direction, or control.
[Sec. 6302. Rule of construction on equalized spending.

    [TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION]

                       [Part A--Indian Education]

[Sec. 7101. Statement of policy.
[Sec. 7102. Purpose.

        [Subpart 1--Formula Grants to Local Educational Agencies]

[Sec. 7111. Purpose.
[Sec. 7112. Grants to local educational agencies and tribes.
[Sec. 7113. Amount of grants.
[Sec. 7114. Applications.
[Sec. 7115. Authorized services and activities.
[Sec. 7116. Integration of services authorized.
[Sec. 7117. Student eligibility forms.
[Sec. 7118. Payments.
[Sec. 7119. State educational agency review.

    [Subpart 2--Special Programs and Projects To Improve Educational 
                   Opportunities for Indian Children]

[Sec. 7121. Improvement of educational opportunities for Indian 
          children.
[Sec. 7122. Professional development for teachers and education 
          professionals.

                    [Subpart 3--National Activities]

[Sec. 7131. National research activities.
[Sec. 7132. In-service training for teachers of Indian children.
[Sec. 7133. Fellowships for Indian students.
[Sec. 7134. Gifted and talented Indian students.
[Sec. 7135. Grants to tribes for education administrative planning and 
          development.
[Sec. 7136. Improvement of educational opportunities for adult Indians.

                   [Subpart 4--Federal Administration]

[Sec. 7141. National Advisory Council on Indian Education.
[Sec. 7142. Peer review.
[Sec. 7143. Preference for Indian applicants.
[Sec. 7144. Minimum grant criteria.

       [Subpart 5--Definitions; Authorizations of Appropriations]

[Sec. 7151. Definitions.
[Sec. 7152. Authorizations of appropriations.

                   [Part B--Native Hawaiian Education]

[Sec. 7201. Short title.
[Sec. 7202. Findings.
[Sec. 7203. Purposes.
[Sec. 7204. Native Hawaiian Education Council and island councils.
[Sec. 7205. Program authorized.
[Sec. 7206. Administrative provisions.
[Sec. 7207. Definitions.

                   [Part C--Aalaska Native Education]

[Sec. 7301. Short title.
[Sec. 7302. Findings.
[Sec. 7303. Purposes.
[Sec. 7304. Program authorized.
[Sec. 7305. Administrative provisions.
[Sec. 7306. Definitions.

                        [TITLE VIII--IMPACT AID]

[Sec. 8001. Purpose.
[Sec. 8002. Payments relating to Federal acquisition of real property.
[Sec. 8003. Payments for eligible federally connected children.
[Sec. 8004. Policies and procedures relating to children residing on 
          Indian lands.
[Sec. 8005. Application for payments under sections 8002 and 8003.
[Sec. 8007. Construction.
[Sec. 8008. Facilities.
[Sec. 8009. State consideration of payments in providing State aid.
[Sec. 8010. Federal administration.
[Sec. 8011. Administrative hearings and judicial review.
[Sec. 8012. Forgiveness of overpayments.
[Sec. 8013. Definitions.
[Sec. 8014. Authorization of appropriations.

                     [TITLE IX--GENERAL PROVISIONS]

                          [Part A--Definitions]

[Sec. 9101. Definitions.
[Sec. 9102. Applicability of title.
[Sec. 9103. Applicability to Bureau of Indian Affairs operated schools.

   [Part B--Flexibility in the use of Administrative and Other Funds]

[Sec. 9201. Consolidation of State administrative funds for elementary 
          and secondary education programs.
[Sec. 9202. Single local educational agency States.
[Sec. 9203. Consolidation of funds for local administration.
[Sec. 9204. Consolidated set-aside for Department of the Interior funds.

 [Part C--Coordination of Programs; Consolidated State and Local Plans 
                            and Applications]

[Sec. 9301. Purpose.
[Sec. 9302. Optional consolidated State plans or applications.
[Sec. 9303. Consolidated reporting.
[Sec. 9304. General applicability of State educational agency 
          assurances.
[Sec. 9305. Consolidated local plans or applications.
[Sec. 9306. Other general assurances.

                            [Part D--Waivers]

[Sec. 9401. Waivers of statutory and regulatory requirements.

                      [Part E--Uniform Provisions]

                      [Subpart 1--Private Schools]

[Sec. 9501. Participation by private school children and teachers.
[Sec. 9502. Standards for by-pass.
[Sec. 9503. Complaint process for participation of private school 
          children.
[Sec. 9504. By-pass determination process.
[Sec. 9505. Prohibition against funds for religious worship or 
          instruction.
[Sec. 9506. Private, religious, and home schools.

                      [Subpart 2--Other Provisions]

[Sec. 9521. Maintenance of effort.
[Sec. 9522. Prohibition regarding State aid.
[Sec. 9523. Privacy of assessment results.
[Sec. 9524. School prayer.
[Sec. 9525. Equal access to public school facilities.
[Sec. 9526. General prohibitions.
[Sec. 9527. Prohibitions on Federal Government and use of Federal funds.
[Sec. 9528. Armed Forces recruiter access to students and student 
          recruiting information.
[Sec. 9529. Prohibition on federally sponsored testing.
[Sec. 9530. Limitations on national testing or certification for 
          teachers.
[Sec. 9531. Prohibition on nationwide database.
[Sec. 9532. Unsafe school choice option.
[Sec. 9533. Prohibition on discrimination.
[Sec. 9534. Civil rights.
[Sec. 9535. Rulemaking.
[Sec. 9536. Severability.

                          [Part F--Evaluations]

[Sec. 9601. Evaluations.]

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

    TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

Sec. 1001. Statement of purpose.
Sec. 1002. Authorization of appropriations.
Sec. 1003. 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; schoolwide programs; 
                            targeted assistance programs.
Sec. 1114. School identification, interventions, and supports.
Sec. 1115. Parent and family engagement.
Sec. 1116. Participation of children enrolled in private schools.
Sec. 1117. Fiscal requirements.
Sec. 1118. 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. Funding.
Sec. 1205. Innovative assessment and accountability demonstration 
                            authority.

                PART C--Education of Migratory Children

Sec. 1301. Program purpose.
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.
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--General Provisions

Sec. 1501. Federal regulations.
Sec. 1502. Agreements and records.
Sec. 1503. State administration.
Sec. 1504. Prohibition against Federal mandates, direction, or control.
Sec. 1505. 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--Fund for the Improvement of Teaching and Learning

Sec. 2101. Formula grants to States.
Sec. 2102. Subgrants to local educational agencies.
Sec. 2103. Local use of funds.
Sec. 2104. Reporting.
Sec. 2105. National activities of demonstrated effectiveness.
Sec. 2106. Supplement, not supplant.

          PART B--Teacher and School Leader Incentive Program

Sec. 2201. Purposes; definitions.
Sec. 2202. Teacher and school leader incentive fund grants.
Sec. 2203. Reports.

             PART C--American History and Civics Education

Sec. 2301. Program authorized.
Sec. 2302. Teaching of traditional American history.
Sec. 2303. Presidential and congressional academies for American 
                            history and civics.
Sec. 2304. National activities.
Sec. 2305. Authorization of appropriations.

       PART D--Literacy Education For All, Results For the Nation

Sec. 2401. Purposes; definitions.
Sec. 2402. Comprehensive literacy State development grants.
Sec. 2403. Subgrants to eligible entities in support of birth through 
                            kindergarten entry literacy.
Sec. 2404. Subgrants to eligible entities in support of kindergarten 
                            through grade 12 literacy.
Sec. 2405. National evaluation and information dissemination.
Sec. 2406. Supplement, not supplant.

  PART E--Improving Science, Technology, Engineering, and Mathematics 
                  Instruction and Student Achievement.

Sec. 2451. Purpose.
Sec. 2452. Definitions.
Sec. 2453. Grants; allotments.
Sec. 2454. Applications.
Sec. 2455. Authorized activities.
Sec. 2456. Performance metrics; report; evaluation.
Sec. 2406. Supplement, not supplant.

                       PART F--General Provisions

Sec. 2501. 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. 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.

                         subpart 4--definitions

Sec. 3141. Definitions.

                       PART B--General Provisions

Sec. 3201. Definitions.
Sec. 3202. National clearinghouse.
Sec. 3203. Regulations.

                  TITLE IV--SAFE AND HEALTHY STUDENTS

        PART A--Grants to States and Local Educational Agencies

Sec. 4101. Purpose.
Sec. 4102. Definitions.
Sec. 4103. Formula grants to States.
Sec. 4104. Subgrants to local educational agencies.
Sec. 4105. Local educational agency authorized activities.
Sec. 4106. Supplement, not supplant.
Sec. 4107. Prohibitions.
Sec. 4108. Authorization of appropriations.

            PART B--21st Century Community Learning Centers

Sec. 4201. Purpose; definitions.
Sec. 4202. Allotments to States.
Sec. 4203. State application.
Sec. 4204. Local competitive grant program.
Sec. 4205. Local activities.
Sec. 4206. Authorization of appropriations.

   PART C--Elementary School and Secondary School Counseling Programs

Sec. 4301. Elementary school and secondary school counseling programs.

                   PART D--Physical Education Program

Sec. 4401. Purpose.
Sec. 4402. Program authorized.
Sec. 4403. Applications.
Sec. 4404. Requirements.
Sec. 4405. Administrative provisions.
Sec. 4406. Supplement, not supplant.
Sec. 4407. Authorization of appropriations.

     TITLE V--EMPOWERING PARENTS AND EXPANDING OPPORTUNITY THROUGH 
                               INNOVATION

                     PART A--Public Charter Schools

Sec. 5101. Purpose.
Sec. 5102. Program authorized.
Sec. 5103. Grants to support high-quality charter schools.
Sec. 5104. Facilities financing assistance.
Sec. 5105. National activities.
Sec. 5106. Federal formula allocation during first year and for 
                            successive enrollment expansions.
Sec. 5107. Solicitation of input from charter school operators.
Sec. 5108. Records transfer.
Sec. 5109. Paperwork reduction.
Sec. 5110. Definitions.
Sec. 5111. Authorization of appropriations.

                   PART B--Magnet Schools Assistance

Sec. 5201. Findings and purpose.
Sec. 5202. Definition.
Sec. 5203. Program authorized.
Sec. 5204. Eligibility.
Sec. 5205. Applications and requirements.
Sec. 5206. Priority.
Sec. 5207. Use of funds.
Sec. 5208. Limitations.
Sec. 5209. Authorization of appropriations; reservation.

         PART C--Supporting High-ability Learners and Learning

Sec. 5301. Short title.
Sec. 5302. Purpose.
Sec. 5303. Rule of construction.
Sec. 5304. Authorized programs.
Sec. 5305. Program priorities.
Sec. 5306. General provisions.
Sec. 5307. Authorization of appropriations.

               PART D--Education Innovation and Research

Sec. 5401. Grants for education innovation and research.

                      PART E--Accelerated Learning

Sec. 5501. Short title.
Sec. 5502. Purposes.
Sec. 5503. Funding distribution rule.
Sec. 5504. Accelerated learning examination fee program.
Sec. 5505. Accelerated learning incentive program grants.
Sec. 5506. Supplement, not supplant.
Sec. 5507. Definitions.
Sec. 5508. Authorization of appropriations.

                   PART F--Ready-to-Learn Television

Sec. 5601. Ready-To-Learn.

   PART G--Innovative Technology Expands Children's Horizons (I-TECH)

Sec. 5701. Purposes.
Sec. 5702. Definitions.
Sec. 5703. Technology grants program authorized.
Sec. 5704. State applications.
Sec. 5705. State use of grant funds.
Sec. 5706. Local subgrants.
Sec. 5707. Reporting.
Sec. 5708. Authorization.

                  PART H--Literacy and Arts Education

Sec. 5801. Literacy and arts education.

        PART I--Early Learning Alignment and Improvement Grants

Sec. 5901. Purposes; definitions.
Sec. 5902. Early learning alignment and improvement grants.
Sec. 5903. Authorization of appropriations.

                TITLE VI--FLEXIBILITY AND ACCOUNTABILITY

Sec. 6001. Purposes.

                 PART A--Improving Academic Achievement

  subpart 1--funding transferability for state and local educational 
                                agencies

Sec. 6111. Short title.
Sec. 6112. Purpose.
Sec. 6113. Transferability of funds.

     subpart 2--weighted student funding flexibility pilot program

Sec. 6121. Weighted student funding flexibility pilot program.

                   PART B--Rural Education Initiative

Sec. 6201. Short title.
Sec. 6202. Purpose.

           subpart 1--small, rural school achievement program

Sec. 6211. Use of applicable funding.
Sec. 6212. Grant program authorized.
Sec. 6213. Academic achievement assessments.

             subpart 2--rural and low-income school program

Sec. 6221. Program authorized.
Sec. 6222. Uses of funds.
Sec. 6223. Applications.
Sec. 6224. Accountability.
Sec. 6225. Choice of participation.

                     subpart 3--general provisions

Sec. 6231. Annual average daily attendance determination.
Sec. 6232. Supplement, not supplant.
Sec. 6233. Rule of construction.
Sec. 6234. Authorization of appropriations.

                       PART C--General Provisions

Sec. 6301. Prohibition against Federal mandates, direction, or control.
Sec. 6302. Rule of construction on equalized spending.

    TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

                        PART A--Indian Education

Sec. 7101. Statement of policy.
Sec. 7102. Purpose.

        subpart 1--formula grants to local educational agencies

Sec. 7111. Purpose.
Sec. 7112. Grants to local educational agencies and tribes.
Sec. 7113. Amount of grants.
Sec. 7114. Applications.
Sec. 7115. Authorized services and activities.
Sec. 7116. Integration of services authorized.
Sec. 7117. Student eligibility forms.
Sec. 7118. Payments.
Sec. 7119. State educational agency review.

    subpart 2--special programs and projects to improve educational 
                   opportunities for indian children

Sec. 7121. Improvement of educational opportunities for Indian children 
                            and youth.
Sec. 7122. Professional development for teachers and education 
                            professionals.

                     subpart 3--national activities

Sec. 7131. National research activities.
Sec. 7132. Grants to tribes for education administrative planning, 
                            development, and coordination.

                   subpart 4--federal administration

Sec. 7141. National Advisory Council on Indian Education.
Sec. 7142. Peer review.
Sec. 7143. Preference for Indian applicants.
Sec. 7144. Minimum grant criteria.

        subpart 5--definitions; authorizations of appropriations

Sec. 7151. Definitions.
Sec. 7152. Authorizations of appropriations.

                   PART B--Native Hawaiian Education

Sec. 7201. Short title.
Sec. 7202. Findings.
Sec. 7203. Purposes.
Sec. 7204. Native Hawaiian Education Council.
Sec. 7205. Program authorized.
Sec. 7206. Administrative provisions.
Sec. 7207. Definitions.

                    PART C--Alaska Native Education

Sec. 7301. Short title.
Sec. 7302. Findings.
Sec. 7303. Purposes.
Sec. 7304. Program authorized.
Sec. 7305. Funds for administrative purposes.
Sec. 7306. Definitions.

 PART D--Native American and Alaska Native Language Immersion Schools 
                              and Programs

Sec. 7401. Native American and Alaska Native language immersion 
                            schools.

                         TITLE VIII--IMPACT AID

Sec. 8001. Purpose.
Sec. 8002. Payments relating to Federal acquisition of real property.
Sec. 8003. Payments for eligible federally connected children.
Sec. 8004. Policies and procedures relating to children residing on 
                            Indian lands.
Sec. 8005. Application for payments under sections 8002 and 8003.
Sec. 8007. Construction.
Sec. 8008. Facilities.
Sec. 8009. State consideration of payments in providing State aid.
Sec. 8010. Federal administration.
Sec. 8011. Administrative hearings and judicial review.
Sec. 8012. Forgiveness of overpayments.
Sec. 8013. Definitions.
Sec. 8014. Authorization of appropriations.

                      TITLE IX--GENERAL PROVISIONS

                          PART A--Definitions

Sec. 9101. Definitions.
Sec. 9102. Applicability of title.
Sec. 9103. Applicability to Bureau of Indian Education operated 
                            schools.

    PART B--Flexibility in the Use of Administrative and Other Funds

Sec. 9201. Consolidation of State administrative funds for elementary 
                            and secondary education programs.
Sec. 9202. Single local educational agency States.
Sec. 9203. Consolidation of funds for local administration.
Sec. 9204. Consolidated set-aside for Department of the Interior funds.

 PART C--Coordination of Programs; Consolidated State and Local Plans 
                            and Applications

Sec. 9301. Purpose.
Sec. 9302. Optional consolidated State plans or applications.
Sec. 9303. Consolidated reporting.
Sec. 9304. General applicability of State educational agency 
                            assurances.
Sec. 9305. Consolidated local plans or applications.
Sec. 9306. Other general assurances.

                            PART D--Waivers

Sec. 9401. Waivers of statutory and regulatory requirements.

 PART E--Approval and Disapproval of State Plans and Local Applications

Sec. 9451. Approval and disapproval of State plans.
Sec. 9452. Approval and disapproval of local educational agency 
                            applications.

                       PART F--Uniform Provisions

                       subpart 1--private schools

Sec. 9501. Participation by private school children and teachers.
Sec. 9502. Standards for by-pass.
Sec. 9503. Complaint process for participation of private school 
                            children.
Sec. 9504. By-pass determination process.
Sec. 9505. Prohibition against funds for religious worship or 
                            instruction.
Sec. 9506. Private, religious, and home schools.

                      subpart 2--other provisions

Sec. 9521. Maintenance of effort.
Sec. 9522. Prohibition regarding State aid.
Sec. 9523. Privacy of assessment results.
Sec. 9524. School prayer.
Sec. 9525. Equal access to public school facilities.
Sec. 9526. General prohibitions.
Sec. 9527. Prohibitions on Federal Government and use of Federal funds.
Sec. 9528. Armed Forces recruiter access to students and student 
                            recruiting information.
Sec. 9529. Prohibition on federally sponsored testing.
Sec. 9530. Limitations on national testing or certification for 
                            teachers.
Sec. 9531. Prohibition on nationwide database.
Sec. 9532. Unsafe school choice option.
Sec. 9533. Prohibition on discrimination.
Sec. 9534. Civil rights.
Sec. 9535. Rulemaking.
Sec. 9536. Severability.
Sec. 9537. Transfer of school disciplinary records.
Sec. 9538. Consultations with Indian tribes and tribal organizations.

                subpart 3--teacher liability protection

Sec. 9541. Short title.
Sec. 9542. Purpose.
Sec. 9543. Definitions.
Sec. 9544. Applicability.
Sec. 9545. Preemption and election of State nonapplicability.
Sec. 9546. Limitation on liability for teachers.
Sec. 9547. Allocation of responsibility for noneconomic loss.
Sec. 9548. Effective date.

                       subpart 4--internet safety

Sec. 9551. Internet safety.

                       subpart 5--gun possession

Sec. 9561. Gun-free requirements.

                 subpart 6--environmental tobacco smoke

Sec. 9571. Short title.
Sec. 9572. Definitions.
Sec. 9573. Nonsmoking policy for children's services.
Sec. 9574. Preemption.

                          PART G--Evaluations

Sec. 9601. Evaluations.

   [TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED]

[SEC. 1001. STATEMENT OF PURPOSE.

     [The purpose of this title is to ensure that all children 
have a fair, equal, and significant opportunity to obtain a 
high-quality education and reach, at a minimum, proficiency on 
challenging State academic achievement standards and state 
academic assessments. This purpose can be accomplished by--
            [(1) ensuring that high-quality academic 
        assessments, accountability systems, teacher 
        preparation and training, curriculum, and instructional 
        materials are aligned with challenging State academic 
        standards so that students, teachers, parents, and 
        administrators can measure progress against common 
        expectations for student academic achievement;
            [(2) meeting the educational needs of low-achieving 
        children in our Nation's highest-poverty schools, 
        limited English proficient children, migratory 
        children, children with disabilities, Indian children, 
        neglected or delinquent children, and young children in 
        need of reading assistance;
            [(3) closing the achievement gap between high- and 
        low-performing children, especially the achievement 
        gaps between minority and nonminority students, and 
        between disadvantaged children and their more 
        advantaged peers;
            [(4) holding schools, local educational agencies, 
        and States accountable for improving the academic 
        achievement of all students, and identifying and 
        turning around low-performing schools that have failed 
        to provide a high-quality education to their students, 
        while providing alternatives to students in such 
        schools to enable the students to receive a high-
        quality education;
            [(5) distributing and targeting resources 
        sufficiently to make a difference to local educational 
        agencies and schools where needs are greatest;
            [(6) improving and strengthening accountability, 
        teaching, and learning by using State assessment 
        systems designed to ensure that students are meeting 
        challenging State academic achievement and content 
        standards and increasing achievement overall, but 
        especially for the disadvantaged;
            [(7) providing greater decisionmaking authority and 
        flexibility to schools and teachers in exchange for 
        greater responsibility for student performance;
            [(8) providing children an enriched and accelerated 
        educational program, including the use of schoolwide 
        programs or additional services that increase the 
        amount and quality of instructional time;
            [(9) promoting schoolwide reform and ensuring the 
        access of children to effective, scientifically based 
        instructional strategies and challenging academic 
        content;
            [(10) significantly elevating the quality of 
        instruction by providing staff in participating schools 
        with substantial opportunities for professional 
        development;
            [(11) coordinating services under all parts of this 
        title with each other, with other educational services, 
        and, to the extent feasible, with other agencies 
        providing services to youth, children, and families; 
        and
            [(12) affording parents substantial and meaningful 
        opportunities to participate in the education of their 
        children.]

SEC. 1001. STATEMENT OF PURPOSE.

    The purpose of this title is to ensure that all children 
have a fair, equitable, and significant opportunity to receive 
a high-quality education that prepares them for postsecondary 
education or the workforce, without the need for postsecondary 
remediation, and to close educational achievement gaps.

[SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

    [(a) Local Educational Agency Grants.--For the purpose of 
carrying out part A, there are authorized to be appropriated--
            [(1) $13,500,000,000 for fiscal year 2002;
            [(2) $16,000,000,000 for fiscal year 2003;
            [(3) $18,500,000,000 for fiscal year 2004;
            [(4) $20,500,000,000 for fiscal year 2005;
            [(5) $22,750,000,000 for fiscal year 2006; and
            [(6) $25,000,000,000 for fiscal year 2007.
    [(b) Reading First.--
            [(1) Reading first.--For the purpose of carrying 
        out subpart 1 of part B, there are authorized to be 
        appropriated $900,000,000 for fiscal year 2002 and such 
        sums as may be necessary for each of the 5 succeeding 
        fiscal years.
            [(2) Early reading first.--For the purpose of 
        carrying out subpart 2 of part B, there are authorized 
        to be appropriated $75,000,000 for fiscal year 2002 and 
        such sums as may be necessary for each of the 5 
        succeeding fiscal years.
            [(3) Even start.--For the purpose of carrying out 
        subpart 3 of part B, there are authorized to be 
        appropriated $260,000,000 for fiscal year 2002 and such 
        sums as may be necessary for each of the 5 succeeding 
        fiscal years.
            [(4) Improving literacy through school libraries.--
        For the purpose of carrying out subpart 4 of part B, 
        there are authorized to be appropriated $250,000,000 
        for fiscal year 2002 and such sums as may be necessary 
        for each of the 5 succeeding fiscal years.
    [(c) Education of Migratory Children.--For the purpose of 
carrying out part C, there are authorized to be appropriated 
$410,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years.
    [(d) Prevention and Intervention Programs for Youth Who Are 
Neglected, Delinquent, or at Risk.--For the purpose of carrying 
out part D, there are authorized to be appropriated $50,000,000 
for fiscal year 2002 and such sums as may be necessary for each 
of the 5 succeeding fiscal years.
    [(e) Federal Activities.--
            [(1) Sections 1501 and 1502.--For the purpose of 
        carrying out sections 1501 and 1502, there are 
        authorized to be appropriated such sums as may be 
        necessary for fiscal year 2002 and each of the 5 
        succeeding fiscal years.
            [(2) Section 1504.--
                    [(A) In general.--For the purpose of 
                carrying out section 1504, there are authorized 
                to be appropriated such sums as may be 
                necessary for fiscal year 2002 and for each of 
                the 5 succeeding fiscal years.
                    [(B) Special rule.--Of the funds 
                appropriated pursuant to subparagraph (A), not 
                more than 30 percent may be used for teachers 
                associated with students participating in the 
                programs described in subsections (a)(1), 
                (b)(1), and (c)(1).
    [(f) Comprehensive School Reform.--For the purpose of 
carrying out part F, there are authorized to be appropriated 
such sums as may be necessary for fiscal year 2002 and each of 
the 5 succeeding fiscal years.
    [(g) Advanced Placement.--For the purposes of carrying out 
part G, there are authorized to be appropriated such sums for 
fiscal year 2002 and each 5 succeeding fiscal year.
    [(h) School Dropout Prevention.--For the purpose of 
carrying out part H, there are authorized to be appropriated 
$125,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years, of which--
            [(1) up to 10 percent shall be available to carry 
        out subpart 1 of part H for each fiscal year; and
            [(2) the remainder shall be available to carry out 
        subpart 2 of part H for each fiscal year.
    [(i) School Improvement.--For the purpose of carrying out 
section 1003(g), there are authorized to be appropriated 
$500,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years.]

SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

    (a) Local Educational Agency Grants.--For the purpose of 
carrying out part A, there are authorized to be appropriated 
such sums as may be necessary for each of fiscal years 2016 
through 2021.
    (b) State Assessments.--For the purpose of carrying out 
part B, there are authorized to be appropriated such sums as 
may be necessary for each of fiscal years 2016 through 2021.
    (c) Education of Migratory Children.--For the purpose of 
carrying out part C, there are authorized to be appropriated 
such sums as may be necessary for each of fiscal years 2016 
through 2021.
    (d) Prevention and Intervention Programs for Children and 
Youth Who Are Neglected, Delinquent, or At-risk.--For the 
purpose of carrying out part D, there are authorized to be 
appropriated such sums as may be necessary for each of fiscal 
years 2016 through 2021.
    (e) Federal Activities.--For the purpose of carrying out 
evaluation activities related to title I under section 9601, 
there are authorized to be appropriated such sums as may be 
necessary for each of fiscal years 2016 through 2021.
    (f) School Intervention and Support.--For the purpose of 
carrying out section 1114, there are authorized to be 
appropriated such sums as may be necessary for each of fiscal 
years 2016 through 2021.

[SEC. 1003. SCHOOL IMPROVEMENT.

    [(a) State Reservations.-- Each State shall reserve 2 
percent of the amount the State receives under subpart 2 of 
part A for fiscal years 2002 and 2003, and 4 percent of the 
amount received under such subpart for fiscal years 2004 
through 2007, to carry out subsection (b) and to carry out the 
State's responsibilities under sections 1116 and 1117, 
including carrying out the State educational agency's statewide 
system of technical assistance and support for local 
educational agencies.
    [(b) Uses.-- Of the amount reserved under subsection (a) 
for any fiscal year, the State educational agency--
            [(1) shall allocate not less than 95 percent of 
        that amount directly to local educational agencies for 
        schools identified for school improvement, corrective 
        action, and restructuring, for activities under section 
        1116(b); or
            [(2) 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 or educational 
        service agencies.
    [(c) 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 the lowest-achieving schools;
            [(2) demonstrate the greatest need for such funds; 
        and
            [(3) demonstrate the strongest commitment to 
        ensuring that such funds are used to enable the lowest-
        achieving schools to meet the progress goals in school 
        improvement plans under section 1116 (b)(3)(A)(v).
    [(d) 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).
    [(e) Special Rule.-- Notwithstanding any other provision of 
this section, the amount of funds reserved by the State 
educational agency under subsection (a) in any 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.
    [(f) Reporting.-- The State educational agency shall make 
publicly available a list of those schools that have received 
funds or services pursuant to subsection (b) and the percentage 
of students from each school from families with incomes below 
the poverty line.
    [(g) Assistance for Local School Improvement.--
            [(1) Program authorized.-- The Secretary shall 
        award grants to States to enable the States to provide 
        subgrants to local educational agencies for the purpose 
        of providing assistance for school improvement 
        consistent with section 1116.
            [(2) State allotments.-- Such grants shall be 
        allotted among States, the Bureau of Indian Affairs, 
        and the outlying areas, in proportion to the funds 
        received by the States, the Bureau of Indian Affairs, 
        and the outlying areas, respectively, for the fiscal 
        year under parts A, C, and D of this title. The 
        Secretary shall expeditiously allot a portion of such 
        funds to States for the purpose of assisting local 
        educational agencies and schools that were in school 
        improvement status on the date preceding the date of 
        enactment of the No Child Left Behind Act of 2001.
            [(3) Reallocations.-- If a State does not receive 
        funds under this subsection, the Secretary shall 
        reallocate such funds to other States in the same 
        proportion funds are allocated under paragraph (2).
            [(4) State applications.-- Each State educational 
        agency that desires to receive funds under this 
        subsection shall submit an application to the Secretary 
        at such time, and containing such information, as the 
        Secretary shall reasonably require, except that such 
        requirement shall be waived if a State educational 
        agency submitted such information as part of its State 
        plan under this part. Each State application shall 
        describe how the State educational agency will allocate 
        such funds in order to assist the State educational 
        agency and local educational agencies in complying with 
        school improvement, corrective action, and 
        restructuring requirements of section 1116.
            [(5) Local educational agency grants.-- A grant to 
        a local educational agency under this subsection shall 
        be--
                    [(A) of sufficient size and scope to 
                support the activities required under sections 
                1116 and 1117, but not less than $50,000 and 
                not more than $500,000 for each participating 
                school;
                    [(B) integrated with other funds awarded by 
                the State under this Act; and
                    [(C) renewable for two additional 1-year 
                periods if schools are meeting the goals in 
                their school improvement plans developed under 
                section 1116.
            [(6) Priority.-- The State, in awarding such 
        grants, shall give priority to local educational 
        agencies with the lowest-achieving schools that 
        demonstrate--
                    [(A) the greatest need for such funds; and
                    [(B) the strongest commitment to ensuring 
                that such funds are used to provide adequate 
                resources to enable the lowest-achieving 
                schools to meet the goals under school and 
                local educational agency improvement, 
                corrective action, and restructuring plans 
                under section 1116.
            [(7) Allocation.-- A State educational agency that 
        receives a grant under this subsection shall allocate 
        at least 95 percent of the grant funds directly to 
        local educational agencies for schools identified for 
        school improvement, corrective action, or restructuring 
        to carry out activities under section 1116(b), or 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 or educational service agencies.
            [(8) Administrative costs.-- A State educational 
        agency that receives a grant award under this 
        subsection may reserve not more than 5 percent of such 
        grant funds for administration, evaluation, and 
        technical assistance expenses.
            [(9) Local awards.--Each local educational agency 
        that applies for assistance under this subsection shall 
        describe how it will provide the lowest-achieving 
        schools the resources necessary to meet goals under 
        school and local educational agency improvement, 
        corrective action, and restructuring plans under 
        section 1116.]

SEC. [1004]1003. STATE ADMINISTRATION.

    (a) In General.--Except as provided in subsection (b), to 
carry out administrative duties assigned under parts A, C, and 
D of this title, each State may reserve the greater of--
            (1) * * *
    (b) Exception.--* * *
    (c) Technical Assistance and Support.--
            (1) In general.--Each State may reserve not more 
        than 4 percent of the amount the State receives under 
        subpart 2 of part A for a fiscal year to carry out 
        paragraph (2) and to carry out the State educational 
        agency's responsibilities under section 1114(a), 
        including carrying out the State educational agency's 
        statewide system of technical assistance and support 
        for local educational agencies.
            (2) Uses.--Of the amount reserved under paragraph 
        (1) for any fiscal year, the State educational agency--
                    (A) shall use not less than 95 percent of 
                such amount by allocating such sums directly to 
                local educational agencies for activities 
                required under section 1114; or
                    (B) may, with the approval of the local 
                educational agency, directly provide for such 
                activities or arrange for their provision 
                through other entities such as school support 
                teams, educational service agencies, or other 
                nonprofit or for-profit organizations that use 
                evidence-based strategies to improve student 
                achievement, teaching, and schools.
            (3) Priority.--The State educational agency, in 
        allocating funds to local educational agencies under 
        this subsection, shall give priority to local 
        educational agencies that--
                    (A) serve the lowest performing elementary 
                schools and secondary schools, as identified by 
                the State under section 1114;
                    (B) demonstrate the greatest need for such 
                funds, as determined by the State; and
                    (C) demonstrate the strongest commitment to 
                using evidence-based interventions to enable 
                the lowest-performing schools to improve 
                student achievement and student outcomes.
            (4) 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 this subsection for a fiscal year 
        is greater than the amount needed to provide the 
        assistance described in this subsection, the State 
        educational agency shall allocate the excess amount to 
        local educational agencies in accordance with--
                    (A) the relative allocations the State 
                educational agency made to those agencies for 
                that fiscal year under subpart 2 of part A; or
                    (B) section 1126(c).
            (5) Special rule.--Notwithstanding any other 
        provision of this subsection, the amount of funds 
        reserved by the State educational agency under this 
        subsection in any 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.
            (6) Reporting.--Each State educational agency shall 
        make publicly available a list of those schools that 
        have received funds or services pursuant to this 
        subsection and the percentage of students from each 
        such school from families with incomes below the 
        poverty line.

PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES

                 Subpart 1--Basic Program Requirements

[SEC. 1111. STATE PLANS.

    [(a) Plans Required.--
            [(1) In general.--For any State desiring to receive 
        a grant under this part, the State educational agency 
        shall submit to the Secretary a plan, developed by the 
        State educational agency, in consultation with local 
        educational agencies, teachers, principals, pupil 
        services personnel, administrators (including 
        administrators of programs described in other parts of 
        this title), other staff, and parents, that satisfies 
        the requirements of this section and that is 
        coordinated with other programs under this Act, the 
        Individuals with Disabilities Education Act, the Carl 
        D. Perkins Career and Technical Education Act of 2006, 
        the Head Start Act, the Adult Education and Family 
        Literacy Act, and the McKinney-Vento Homeless 
        Assistance Act.
            [(2) Consolidated plan.--A State plan submitted 
        under paragraph (1) may be submitted as part of a 
        consolidated plan under section 9302.
    [(b) Academic Standards, Academic Assessments, and 
Accountability.--
            [(1) Challenging academic standards.--
                    [(A) In general.--Each State plan shall 
                demonstrate that the State has adopted 
                challenging academic content standards and 
                challenging student academic achievement 
                standards that will be used by the State, its 
                local educational agencies, and its schools to 
                carry out this part, except that a State shall 
                not be required to submit such standards to the 
                Secretary.
                    [(B) Same standards.--The academic 
                standards required by subparagraph (A) shall be 
                the same academic standards that the State 
                applies to all schools and children in the 
                State.
                    [(C) Subjects.--The State shall have such 
                academic standards for all public elementary 
                school and secondary school children, including 
                children served under this part, in subjects 
                determined by the State, but including at least 
                mathematics, reading or language arts, and 
                (beginning in the 2005-2006 school year) 
                science, which shall include the same 
                knowledge, skills, and levels of achievement 
                expected of all children.
                    [(D) Challenging academic standards.--
                Standards under this paragraph shall include--
                            [(i) challenging academic content 
                        standards in academic subjects that--
                                    [(I) specify what children 
                                are expected to know and be 
                                able to do;
                                    [(II) contain coherent and 
                                rigorous content; and
                                    [(III) encourage the 
                                teaching of advanced skills; 
                                and
                            [(ii) challenging student academic 
                        achievement standards that--
                                    [(I) are aligned with the 
                                State's academic content 
                                standards;
                                    [(II) describe two levels 
                                of high achievement (proficient 
                                and advanced) that determine 
                                how well children are mastering 
                                the material in the State 
                                academic content standards; and
                                    [(III) describe a third 
                                level of achievement (basic) to 
                                provide complete information 
                                about the progress of the 
                                lower-achieving children toward 
                                mastering the proficient and 
                                advanced levels of achievement.
                    [(E) Information.--For the subjects in 
                which students will be served under this part, 
                but for which a State is not required by 
                subparagraphs (A), (B), and (C) to develop, and 
                has not otherwise developed, such academic 
                standards, the State plan shall describe a 
                strategy for ensuring that students are taught 
                the same knowledge and skills in such subjects 
                and held to the same expectations as are all 
                children.
                    [(F) Existing standards.--Nothing in this 
                part shall prohibit a State from revising, 
                consistent with this section, any standard 
                adopted under this part before or after the 
                date of enactment of the No Child Left Behind 
                Act of 2001.
            [(2) Accountability.--
                    [(A) In general.--Each State plan shall 
                demonstrate that the State has developed and is 
                implementing a single, statewide State 
                accountability system that will be effective in 
                ensuring that all local educational agencies, 
                public elementary schools, and public secondary 
                schools make adequate yearly progress as 
                defined under this paragraph. Each State 
                accountability system shall--
                            [(i) be based on the academic 
                        standards and academic assessments 
                        adopted under paragraphs (1) and (3), 
                        and other academic indicators 
                        consistent with subparagraph (C)(vi) 
                        and (vii), and shall take into account 
                        the achievement of all public 
                        elementary school and secondary school 
                        students;
                            [(ii) be the same accountability 
                        system the State uses for all public 
                        elementary schools and secondary 
                        schools or all local educational 
                        agencies in the State, except that 
                        public elementary schools, secondary 
                        schools, and local educational agencies 
                        not participating under this part are 
                        not subject to the requirements of 
                        section 1116; and
                            [(iii) include sanctions and 
                        rewards, such as bonuses and 
                        recognition, the State will use to hold 
                        local educational agencies and public 
                        elementary schools and secondary 
                        schools accountable for student 
                        achievement and for ensuring that they 
                        make adequate yearly progress in 
                        accordance with the State's definition 
                        under subparagraphs (B) and (C).
                    [(B) Adequate yearly progress.--Each State 
                plan shall demonstrate, based on academic 
                assessments described in paragraph (3), and in 
                accordance with this paragraph, what 
                constitutes adequate yearly progress of the 
                State, and of all public elementary schools, 
                secondary schools, and local educational 
                agencies in the State, toward enabling all 
                public elementary school and secondary school 
                students to meet the State's student academic 
                achievement standards, while working toward the 
                goal of narrowing the achievement gaps in the 
                State, local educational agencies, and schools.
                    [(C) Definition.-- ``Adequate yearly 
                progress'' shall be defined by the State in a 
                manner that--
                            [(i) applies the same high 
                        standards of academic achievement to 
                        all public elementary school and 
                        secondary school students in the State;
                            [(ii) is statistically valid and 
                        reliable;
                            [(iii) results in continuous and 
                        substantial academic improvement for 
                        all students;
                            [(iv) measures the progress of 
                        public elementary schools, secondary 
                        schools and local educational agencies 
                        and the State based primarily on the 
                        academic assessments described in 
                        paragraph (3);
                            [(v) includes separate measurable 
                        annual objectives for continuous and 
                        substantial improvement for each of the 
                        following:
                                    [(I) The achievement of all 
                                public elementary school and 
                                secondary school students.
                                    [(II) The achievement of--
                                            [(aa) economically 
                                        disadvantaged students;
                                            [(bb) students from 
                                        major racial and ethnic 
                                        groups;
                                            [(cc) students with 
                                        disabilities; and
                                            [(dd) students with 
                                        limited English 
                                        proficiency;
                                [except that disaggregation of 
                                data under subclause (II) shall 
                                not be required in a case in 
                                which the number of students in 
                                a category is insufficient to 
                                yield statistically reliable 
                                information or the results 
                                would reveal personally 
                                identifiable information about 
                                an individual student;
                            [(vi) in accordance with 
                        subparagraph (D), includes graduation 
                        rates for public secondary school 
                        students (defined as the percentage of 
                        students who graduate from secondary 
                        school with a regular diploma in the 
                        standard number of years) and at least 
                        one other academic indicator, as 
                        determined by the State for all public 
                        elementary school students; and
                            [(vii) in accordance with 
                        subparagraph (D), at the State's 
                        discretion, may also include other 
                        academic indicators, as determined by 
                        the State for all public school 
                        students, measured separately for each 
                        group described in clause (v), such as 
                        achievement on additional State or 
                        locally administered assessments, 
                        decreases in grade-to-grade retention 
                        rates, attendance rates, and changes in 
                        the percentages of students completing 
                        gifted and talented, advanced 
                        placement, and college preparatory 
                        courses.
                    [(D) Requirements for other indicators.--In 
                carrying out subparagraph (C)(vi) and (vii), 
                the State--
                            [(i) shall ensure that the 
                        indicators described in those 
                        provisions are valid and reliable, and 
                        are consistent with relevant, 
                        nationally recognized professional and 
                        technical standards, if any; and
                            [(ii) except as provided in 
                        subparagraph (I)(i), may not use those 
                        indicators to reduce the number of, or 
                        change, the schools that would 
                        otherwise be subject to school 
                        improvement, corrective action, or 
                        restructuring under section 1116 if 
                        those additional indicators were not 
                        used, but may use them to identify 
                        additional schools for school 
                        improvement or in need of corrective 
                        action or restructuring.
                    [(E) Starting point.--Each State, using 
                data for the 2001-2002 school year, shall 
                establish the starting point for measuring, 
                under subparagraphs (G) and (H), the percentage 
                of students meeting or exceeding the State's 
                proficient level of academic achievement on the 
                State assessments under paragraph (3) and 
                pursuant to the timeline described in 
                subparagraph (F). The starting point shall be, 
                at a minimum, based on the higher of the 
                percentage of students at the proficient level 
                who are in--
                            [(i) the State's lowest achieving 
                        group of students described in 
                        subparagraph (C)(v)(II); or
                            [(ii) the school at the 20th 
                        percentile in the State, based on 
                        enrollment, among all schools ranked by 
                        the percentage of students at the 
                        proficient level.
                    [(F) Timeline.--Each State shall establish 
                a timeline for adequate yearly progress. The 
                timeline shall ensure that not later than 12 
                years after the end of the 2001-2002 school 
                year, all students in each group described in 
                subparagraph (C)(v) will meet or exceed the 
                State's proficient level of academic 
                achievement on the State assessments under 
                paragraph (3).
                    [(G) Measurable objectives.--Each State 
                shall establish statewide annual measurable 
                objectives, pursuant to subparagraph (C)(v), 
                for meeting the requirements of this paragraph, 
                and which--
                            [(i) shall be set separately for 
                        the assessments of mathematics and 
                        reading or language arts under 
                        subsection (a)(3);
                            [(ii) shall be the same for all 
                        schools and local educational agencies 
                        in the State;
                            [(iii) shall identify a single 
                        minimum percentage of students who are 
                        required to meet or exceed the 
                        proficient level on the academic 
                        assessments that applies separately to 
                        each group of students described in 
                        subparagraph (C)(v);
                            [(iv) shall ensure that all 
                        students will meet or exceed the 
                        State's proficient level of academic 
                        achievement on the State assessments 
                        within the State's timeline under 
                        subparagraph (F); and
                            [(v) may be the same for more than 
                        1 year, subject to the requirements of 
                        subparagraph (H).
                    [(H) Intermediate goals for annual yearly 
                progress.--Each State shall establish 
                intermediate goals for meeting the 
                requirements, including the measurable 
                objectives in subparagraph (G), of this 
                paragraph and that shall--
                            [(i) increase in equal increments 
                        over the period covered by the State's 
                        timeline under subparagraph (F);
                            [(ii) provide for the first 
                        increase to occur in not more than 2 
                        years; and
                            [(iii) provide for each following 
                        increase to occur in not more than 3 
                        years.
                    [(I) Annual improvement for schools.--Each 
                year, for a school to make adequate yearly 
                progress under this paragraph--
                            [(i) each group of students 
                        described in subparagraph (C)(v) must 
                        meet or exceed the objectives set by 
                        the State under subparagraph (G), 
                        except that if any group described in 
                        subparagraph (C)(v) does not meet those 
                        objectives in any particular year, the 
                        school shall be considered to have made 
                        adequate yearly progress if the 
                        percentage of students in that group 
                        who did not meet or exceed the 
                        proficient level of academic 
                        achievement on the State assessments 
                        under paragraph (3) for that year 
                        decreased by 10 percent of that 
                        percentage from the preceding school 
                        year and that group made progress on 
                        one or more of the academic indicators 
                        described in subparagraph (C)(vi) or 
                        (vii); and
                            [(ii) not less than 95 percent of 
                        each group of students described in 
                        subparagraph (C)(v) who are enrolled in 
                        the school are required to take the 
                        assessments, consistent with paragraph 
                        (3)(C)(xi) and with accommodations, 
                        guidelines, and alternative assessments 
                        provided in the same manner as those 
                        provided under section 612(a)(16)(A) of 
                        the Individuals with Disabilities 
                        Education Act and paragraph (3), on 
                        which adequate yearly progress is based 
                        (except that the 95 percent requirement 
                        described in this clause shall not 
                        apply in a case in which the number of 
                        students in a category is insufficient 
                        to yield statistically reliable 
                        information or the results would reveal 
                        personally identifiable information 
                        about an individual student).
                    [(J) Uniform averaging procedure.--For the 
                purpose of determining whether schools are 
                making adequate yearly progress, the State may 
                establish a uniform procedure for averaging 
                data which includes one or more of the 
                following:
                            [(i) The State may average data 
                        from the school year for which the 
                        determination is made with data from 
                        one or two school years immediately 
                        preceding that school year.
                            [(ii) Until the assessments 
                        described in paragraph (3) are 
                        administered in such manner and time to 
                        allow for the implementation of the 
                        uniform procedure for averaging data 
                        described in clause (i), the State may 
                        use the academic assessments that were 
                        required under paragraph (3) as that 
                        paragraph was in effect on the day 
                        preceding the date of enactment of the 
                        No Child Left Behind Act of 2001, 
                        provided that nothing in this clause 
                        shall be construed to undermine or 
                        delay the determination of adequate 
                        yearly progress, the requirements of 
                        section 1116, or the implementation of 
                        assessments under this section.
                            [(iii) The State may use data 
                        across grades in a school.
                    [(K) Accountability for charter schools.--
                The accountability provisions under this Act 
                shall be overseen for charter schools in 
                accordance with State charter school law.
            [(3) 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 high-
                quality, yearly student academic assessments 
                that include, at a minimum, academic 
                assessments in mathematics, reading or language 
                arts, and science that will be used as the 
                primary means of determining the yearly 
                performance of the State and of each local 
                educational agency and school in the State in 
                enabling all children to meet the State's 
                challenging student academic achievement 
                standards, except that no State shall be 
                required to meet the requirements of this part 
                relating to science assessments until the 
                beginning of the 2007-2008 school year.
                    [(B) Use of assessments.--Each State 
                educational agency may incorporate the data 
                from the assessments under this paragraph into 
                a State-developed longitudinal data system that 
                links student test scores, length of 
                enrollment, and graduation records over time.
                    [(C) Requirements.--Such assessments 
                shall--
                            [(i) be the same academic 
                        assessments used to measure the 
                        achievement of all children;
                            [(ii) be aligned with the State's 
                        challenging academic content and 
                        student academic achievement standards, 
                        and provide coherent information about 
                        student attainment of such standards;
                            [(iii) be used for purposes for 
                        which such assessments are valid and 
                        reliable, and be consistent with 
                        relevant, nationally recognized 
                        professional and technical standards;
                            [(iv) be used only if the State 
                        educational agency provides to the 
                        Secretary evidence from the test 
                        publisher or other relevant sources 
                        that the assessments used are of 
                        adequate technical quality for each 
                        purpose required under this Act and are 
                        consistent with the requirements of 
                        this section, and such evidence is made 
                        public by the Secretary upon request;
                            [(v)(I) except as otherwise 
                        provided for grades 3 through 8 under 
                        clause vii, measure the proficiency of 
                        students in, at a minimum, mathematics 
                        and reading or language arts, and be 
                        administered not less than once 
                        during--
                                    [(aa) grades 3 through 5;
                                    [(bb) grades 6 through 9; 
                                and
                                    [(cc) grades 10 through 12;
                            [(II) beginning not later than 
                        school year 2007-2008, measure the 
                        proficiency of all students in science 
                        and be administered not less than one 
                        time during--
                                    [(aa) grades 3 through 5;
                                    [(bb) grades 6 through 9; 
                                and
                                    [(cc) grades 10 through 12;
                            [(vi) involve multiple up-to-date 
                        measures of student academic 
                        achievement, including measures that 
                        assess higher-order thinking skills and 
                        understanding;
                            [(vii) beginning not later than 
                        school year 2005-2006, measure the 
                        achievement of students against the 
                        challenging State academic content and 
                        student academic achievement standards 
                        in each of grades 3 through 8 in, at a 
                        minimum, mathematics, and reading or 
                        language arts, except that the 
                        Secretary may provide the State 1 
                        additional year if the State 
                        demonstrates that exceptional or 
                        uncontrollable circumstances, such as a 
                        natural disaster or a precipitous and 
                        unforeseen decline in the financial 
                        resources of the State, prevented full 
                        implementation of the academic 
                        assessments by that deadline and that 
                        the State will complete implementation 
                        within the additional 1-year period;
                            [(viii) at the discretion of the 
                        State, measure the proficiency of 
                        students in academic subjects not 
                        described in clauses (v), (vi), (vii) 
                        in which the State has adopted 
                        challenging academic content and 
                        academic achievement standards;
                            [(ix) provide for--
                                    [(I) the participation in 
                                such assessments of all 
                                students;
                                    [(II) the reasonable 
                                adaptations and accommodations 
                                for students with disabilities 
                                (as defined under section 
                                602(3) of the Individuals with 
                                Disabilities Education Act) 
                                necessary to measure the 
                                academic achievement of such 
                                students relative to State 
                                academic content and State 
                                student academic achievement 
                                standards; and
                                    [(III) the inclusion of 
                                limited English proficient 
                                students, who shall be assessed 
                                in a valid and reliable manner 
                                and provided reasonable 
                                accommodations on assessments 
                                administered to such students 
                                under this paragraph, 
                                including, to the extent 
                                practicable, assessments in the 
                                language and form most likely 
                                to yield accurate data on what 
                                such students know and can do 
                                in academic content areas, 
                                until such students have 
                                achieved English language 
                                proficiency as determined under 
                                paragraph (7);
                            [(x) notwithstanding subclause 
                        (III), the academic assessment (using 
                        tests written in English) of reading or 
                        language arts of any student who has 
                        attended school in the United States 
                        (not including Puerto Rico) for three 
                        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 two 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;
                            [(xi) include students who have 
                        attended schools in a local educational 
                        agency for a full academic year but 
                        have not attended a single school for a 
                        full academic year, except that the 
                        performance of students who have 
                        attended more than 1 school in the 
                        local educational agency in any 
                        academic year shall be used only in 
                        determining the progress of the local 
                        educational agency;
                            [(xii) produce individual student 
                        interpretive, descriptive, and 
                        diagnostic reports, consistent with 
                        clause (iii) that allow parents, 
                        teachers, and principals to understand 
                        and address the specific academic needs 
                        of students, and include information 
                        regarding achievement on academic 
                        assessments aligned with State academic 
                        achievement standards, and that are 
                        provided to parents, teachers, and 
                        principals, as soon as is practicably 
                        possible after the assessment is given, 
                        in an understandable and uniform 
                        format, and to the extent practicable, 
                        in a language that parents can 
                        understand;
                            [(xiii) enable results to be 
                        disaggregated within each State, local 
                        educational agency, and school by 
                        gender, by each major racial and ethnic 
                        group, by English proficiency status, 
                        by migrant status, by students with 
                        disabilities as compared to nondisabled 
                        students, and by economically 
                        disadvantaged students as compared to 
                        students who are not economically 
                        disadvantaged, 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 category is 
                        insufficient to yield statistically 
                        reliable information or the results 
                        would reveal personally identifiable 
                        information about an individual 
                        student;
                            [(xiv) be consistent with widely 
                        accepted professional 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; 
                        and
                            [(xv) enable itemized score 
                        analyses to be produced and reported, 
                        consistent with clause (iii), to local 
                        educational agencies and schools, so 
                        that parents, teachers, principals, and 
                        administrators can interpret and 
                        address the specific academic needs of 
                        students as indicated by the students' 
                        achievement on assessment items.
                    [(D) Deferral.--A State may defer the 
                commencement, or suspend the administration, 
                but not cease the development, of the 
                assessments described in this paragraph, that 
                were not required prior to the date of 
                enactment of the No Child Left Behind Act of 
                2001, for 1 year for each year for which the 
                amount appropriated for grants under section 
                6113(a)(2) is less than--
                            [(i) $370,000,000 for fiscal year 
                        2002;
                            [(ii) $380,000,000 for fiscal year 
                        2003;
                            [(iii) $390,000,000 for fiscal year 
                        2004; and
                            [(iv) $400,000,000 for fiscal years 
                        2005 through 2007.
            [(4) Special rule.--Academic assessment measures in 
        addition to those in paragraph (3) that do not meet the 
        requirements of such paragraph may be included in the 
        assessment under paragraph (3) as additional measures, 
        but may not be used in lieu of the academic assessments 
        required under paragraph (3). Such additional 
        assessment measures may not be used to reduce the 
        number of or change, the schools that would otherwise 
        be subject to school improvement, corrective action, or 
        restructuring under section 1116 if such additional 
        indicators were not used, but may be used to identify 
        additional schools for school improvement or in need of 
        corrective action or restructuring except as provided 
        in paragraph (2)(I)(i).
            [(5) 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 curriculum content and student academic 
        achievement standards, and academic assessments aligned 
        with such academic 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--
                    [(A) 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
                    [(B) adopting and implementing policies 
                that ensure that each local educational agency 
                in the State that receives grants under this 
                part will adopt curriculum 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.
            [(6) Language assessments.--Each State plan shall 
        identify the languages other than English that are 
        present in the participating student population and 
        indicate the languages for which yearly student 
        academic assessments are not available and are needed. 
        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.
            [(7) Academic assessments of english language 
        proficiency.--Each State plan shall demonstrate that 
        local educational agencies in the State will, beginning 
        not later than school year 2002-2003, provide for an 
        annual assessment of English proficiency (measuring 
        students' oral language, reading, and writing skills in 
        English) of all students with limited English 
        proficiency in the schools served by the State 
        educational agency, except that the Secretary may 
        provide the State 1 additional year if the State 
        demonstrates that exceptional or uncontrollable 
        circumstances, such as a natural disaster or a 
        precipitous and unforeseen decline in the financial 
        resources of the State, prevented full implementation 
        of this paragraph by that deadline and that the State 
        will complete implementation within the additional 1-
        year period.
            [(8) Requirement.--Each State plan shall describe--
                    [(A) how the State educational agency will 
                assist each local educational agency and school 
                affected by the State plan to develop the 
                capacity to comply with each of the 
                requirements of sections 1112(c)(1)(D), 
                1114(b), and 1115(c) that is applicable to such 
                agency or school;
                    [(B) how the State educational agency will 
                assist each local educational agency and school 
                affected by the State plan to provide 
                additional educational assistance to individual 
                students assessed as needing help to achieve 
                the State's challenging academic achievement 
                standards;
                    [(C) the specific steps the State 
                educational agency will take to ensure that 
                both schoolwide programs and targeted 
                assistance schools provide instruction by 
                highly qualified instructional staff as 
                required by sections 1114(b)(1)(C) and 
                1115(c)(1)(E), including steps that the State 
                educational agency will take to ensure that 
                poor and minority children are not taught at 
                higher rates than other children by 
                inexperienced, unqualified, or out-of-field 
                teachers, and the measures that the State 
                educational agency will use to evaluate and 
                publicly report the progress of the State 
                educational agency with respect to such steps;
                    [(D) an assurance that the State 
                educational agency will assist local 
                educational agencies in developing or 
                identifying high-quality effective curricula 
                aligned with State academic achievement 
                standards and how the State educational agency 
                will disseminate such curricula to each local 
                educational agency and school within the State; 
                and
                    [(E) such other factors the State 
                educational agency determines appropriate to 
                provide students an opportunity to achieve the 
                knowledge and skills described in the 
                challenging academic content standards adopted 
                by the State.
            [(9) Factors affecting student achievement.--Each 
        State plan shall include an assurance that the State 
        educational agency will coordinate and collaborate, to 
        the extent feasible and necessary as determined by the 
        State educational agency, with agencies providing 
        services to children, youth, and families, with respect 
        to local educational agencies within the State that are 
        identified under section 1116 and that request 
        assistance with addressing major factors that have 
        significantly affected the academic achievement of 
        students in the local educational agency or schools 
        served by such agency.
            [(10) Use of academic assessment results to improve 
        student academic achievement.--Each State plan shall 
        describe how the State educational agency will ensure 
        that the results of the State assessments described in 
        paragraph (3)--
                    [(A) will be promptly provided to local 
                educational agencies, schools, and teachers in 
                a manner that is clear and easy to understand, 
                but not later than before the beginning of the 
                next school year; and
                    [(B) be used by those local educational 
                agencies, schools, and teachers to improve the 
                educational achievement of individual students.
    [(c) Other Provisions To Support Teaching and Learning.--
Each State plan shall contain assurances that--
            [(1) the State educational agency will meet the 
        requirements of subsection (h)(1) and, beginning with 
        the 2002-2003 school year, will produce the annual 
        State report cards described in such subsection, except 
        that the Secretary may provide the State educational 
        agency 1 additional year if the State educational 
        agency demonstrates that exceptional or uncontrollable 
        circumstances, such as a natural disaster or a 
        precipitous and unforeseen decline in the financial 
        resources of the State, prevented full implementation 
        of this paragraph by that deadline and that the State 
        will complete implementation within the additional 1-
        year period;
            [(2) the State will, beginning in school year 2002-
        2003, participate in biennial State academic 
        assessments of 4th and 8th grade reading and 
        mathematics under the National Assessment of 
        Educational Progress carried out under section 
        303(b)(2) of the National Assessment of Educational 
        Progress Authorization Act if the Secretary pays the 
        costs of administering such assessments;
            [(3) the State educational agency, in consultation 
        with the Governor, will include, as a component of the 
        State plan, a plan to carry out the responsibilities of 
        the State under sections 1116 and 1117, including 
        carrying out the State educational agency's statewide 
        system of technical assistance and support for local 
        educational agencies;
            [(4) the State educational agency will work with 
        other agencies, including educational service agencies 
        or other local consortia, and institutions to provide 
        technical assistance to local educational agencies and 
        schools, including technical assistance in providing 
        professional development under section 1119, technical 
        assistance under section 1117, and technical assistance 
        relating to parental involvement under section 1118;
            [(5)(A) where educational service agencies exist, 
        the State educational agency will consider providing 
        professional development and technical assistance 
        through such agencies; and
            [(B) where educational service agencies do not 
        exist, the State educational agency will consider 
        providing professional development and technical 
        assistance through other cooperative agreements such as 
        through a consortium of local educational agencies;
            [(6) the State educational agency will notify local 
        educational agencies and the public of the content and 
        student academic achievement standards and academic 
        assessments developed under this section, and of the 
        authority to operate schoolwide programs, and will 
        fulfill the State educational agency's responsibilities 
        regarding local educational agency improvement and 
        school improvement under section 1116, including such 
        corrective actions as are necessary;
            [(7) the State educational agency will provide the 
        least restrictive and burdensome regulations for local 
        educational agencies and individual schools 
        participating in a program assisted under this part;
            [(8) the State educational agency will inform the 
        Secretary and the public of how Federal laws, if at 
        all, hinder the ability of States to hold local 
        educational agencies and schools accountable for 
        student academic achievement;
            [(9) the State educational agency will encourage 
        schools to consolidate funds from other Federal, State, 
        and local sources for schoolwide reform in schoolwide 
        programs under section 1114;
            [(10) the State educational agency will modify or 
        eliminate State fiscal and accounting barriers so that 
        schools can easily consolidate funds from other 
        Federal, State, and local sources for schoolwide 
        programs under section 1114;
            [(11) the State educational agency has involved the 
        committee of practitioners established under section 
        1903(b) in developing the plan and monitoring its 
        implementation;
            [(12) the State educational agency will inform 
        local educational agencies in the State of the local 
        educational agency's authority to transfer funds under 
        title VI, to obtain waivers under part D of title IX, 
        and, if the State is an Ed-Flex Partnership State, to 
        obtain waivers under the Education Flexibility 
        Partnership Act of 1999;
            [(13) the State educational agency will coordinate 
        activities funded under this part with other Federal 
        activities as appropriate; and
            [(14) the State educational agency will encourage 
        local educational agencies and individual schools 
        participating in a program assisted under this part to 
        offer family literacy services (using funds under this 
        part), if the agency or school determines that a 
        substantial number of students served under this part 
        by the agency or school have parents who do not have a 
        secondary school diploma or its recognized equivalent 
        or who have low levels of literacy.
    [(d) Parental Involvement.--Each State plan shall describe 
how the State educational agency will support the collection 
and dissemination to local educational agencies and schools of 
effective parental involvement practices. Such practices 
shall--
            [(1) be based on the most current research that 
        meets the highest professional and technical standards, 
        on effective parental involvement that fosters 
        achievement to high standards for all children; and
            [(2) be geared toward lowering barriers to greater 
        participation by parents in school planning, review, 
        and improvement experienced.
    [(e) Peer Review and Secretarial Approval.--
            [(1) Secretarial duties.--The Secretary shall--
                    [(A) establish a peer-review process to 
                assist in the review of State plans;
                    [(B) appoint individuals to the peer-review 
                process who are representative of parents, 
                teachers, State educational agencies, and local 
                educational agencies, and who are familiar with 
                educational standards, assessments, 
                accountability, the needs of low-performing 
                schools, and other educational needs of 
                students;
                    [(C) approve a State plan within 120 days 
                of its submission unless the Secretary 
                determines that the plan does not meet the 
                requirements of this section;
                    [(D) if the Secretary determines that the 
                State plan does not meet the requirements of 
                subsection (a), (b), or (c), immediately notify 
                the State of such determination and the reasons 
                for such determination;
                    [(E) 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 subsections 
                        (a), (b), and (c); and
                            [(iii) providing a hearing; and
                    [(F) have the authority to disapprove a 
                State plan for not meeting the requirements of 
                this part, but shall not have the authority to 
                require a State, as a condition of approval of 
                the State plan, to include in, or delete from, 
                such plan one or more specific elements of the 
                State's academic content standards or to use 
                specific academic assessment instruments or 
                items.
            [(2) State revisions.--A State plan shall be 
        revised by the State educational agency if it is 
        necessary to satisfy the requirements of this section.
    [(f) Duration of the Plan.--
            [(1) In general.--Each State plan shall--
                    [(A) remain in effect for the duration of 
                the State's participation under this part; and
                    [(B) be periodically reviewed and revised 
                as necessary by the State educational agency to 
                reflect changes in the State's strategies and 
                programs under this part.
            [(2) Additional information.--If significant 
        changes are made to a State's plan, such as the 
        adoption of new State academic content standards and 
        State student achievement standards, new academic 
        assessments, or a new definition of adequate yearly 
        progress, such information shall be submitted to the 
        Secretary.
    [(g) Penalties.--
            [(1) Failure to meet deadlines enacted in 1994.--
                    [(A) In general.--If a State fails to meet 
                the deadlines established by the Improving 
                America's Schools Act of 1994 (or under any 
                waiver granted by the Secretary or under any 
                compliance agreement with the Secretary) for 
                demonstrating that the State has in place 
                challenging academic content standards and 
                student achievement standards, and a system for 
                measuring and monitoring adequate yearly 
                progress, the Secretary shall withhold 25 
                percent of the funds that would otherwise be 
                available to the State for State administration 
                and activities under this part in each year 
                until the Secretary determines that the State 
                meets those requirements.
                    [(B) No extension.--Notwithstanding any 
                other provision of law, 90 days after the date 
                of enactment of the No Child Left Behind Act of 
                2001 the Secretary shall not grant any 
                additional waivers of, or enter into any 
                additional compliance agreements to extend, the 
                deadlines described in subparagraph (A) for any 
                State.
            [(2) Failure to meet requirements enacted in 
        2001.--If a State fails to meet any of the requirements 
        of this section, other than the requirements described 
        in paragraph (1), then the Secretary may withhold funds 
        for State administration under this part until the 
        Secretary determines that the State has fulfilled those 
        requirements.
    [(h) Reports.--
            [(1) Annual state report card.--
                    [(A) In general.--Not later than the 
                beginning of the 2002-2003 school year, unless 
                the State has received a 1-year extension 
                pursuant to subsection (c)(1), a State that 
                receives assistance under this part shall 
                prepare and disseminate an annual State report 
                card.
                    [(B) Implementation.--The State report card 
                shall be--
                            [(i) concise; and
                            [(ii) presented in an 
                        understandable and uniform format and, 
                        to the extent practicable, provided in 
                        a language that the parents can 
                        understand.
                    [(C) Required information.--The State shall 
                include in its annual State report card--
                            [(i) information, in the aggregate, 
                        on student achievement at each 
                        proficiency level on the State academic 
                        assessments described in subsection 
                        (b)(3) (disaggregated by race, 
                        ethnicity, gender, disability status, 
                        migrant status, English proficiency, 
                        and status as economically 
                        disadvantaged, 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);
                            [(ii) information that provides a 
                        comparison between the actual 
                        achievement levels of each group of 
                        students described in subsection 
                        (b)(2)(C)(v) and the State's annual 
                        measurable objectives for each such 
                        group of students on each of the 
                        academic assessments required under 
                        this part;
                            [(iii) the percentage of students 
                        not tested (disaggregated by the same 
                        categories and subject to the same 
                        exception described in clause (i));
                            [(iv) the most recent 2-year trend 
                        in student achievement in each subject 
                        area, and for each grade level, for 
                        which assessments under this section 
                        are required;
                            [(v) aggregate information on any 
                        other indicators used by the State to 
                        determine the adequate yearly progress 
                        of students in achieving State academic 
                        achievement standards;
                            [(vi) graduation rates for 
                        secondary school students consistent 
                        with subsection (b)(2)(C)(vi);
                            [(vii) information on the 
                        performance of local educational 
                        agencies in the State regarding making 
                        adequate yearly progress, including the 
                        number and names of each school 
                        identified for school improvement under 
                        section 1116; and
                            [(viii) the professional 
                        qualifications of teachers in the 
                        State, the percentage of such teachers 
                        teaching with emergency or provisional 
                        credentials, and the percentage of 
                        classes in the State not taught by 
                        highly qualified teachers, in the 
                        aggregate and disaggregated by high-
                        poverty compared to low-poverty schools 
                        which, for the purpose of this clause, 
                        means schools in the top quartile of 
                        poverty and the bottom quartile of 
                        poverty in the State.
                    [(D) Optional information.--The State may 
                include in its annual State report card such 
                other information as 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 public secondary 
                schools. Such information may include 
                information regarding--
                            [(i) school attendance rates;
                            [(ii) average class size in each 
                        grade;
                            [(iii) academic achievement and 
                        gains in English proficiency of limited 
                        English proficient students;
                            [(iv) the incidence of school 
                        violence, drug abuse, alcohol abuse, 
                        student suspensions, and student 
                        expulsions;
                            [(v) the extent and type of 
                        parental involvement in the schools;
                            [(vi) the percentage of students 
                        completing advanced placement courses, 
                        and the rate of passing of advanced 
                        placement tests; and
                            [(vii) a clear and concise 
                        description of the State's 
                        accountability system, including a 
                        description of the criteria by which 
                        the State evaluates school performance, 
                        and the criteria that the State has 
                        established, consistent with subsection 
                        (b)(2), to determine the status of 
                        schools regarding school improvement, 
                        corrective action, and restructuring.
            [(2) Annual local educational agency report 
        cards.--
                    [(A) Report cards.--
                            [(i) In general.--Not later than 
                        the beginning of the 2002-2003 school 
                        year, a local educational agency that 
                        receives assistance under this part 
                        shall prepare and disseminate an annual 
                        local educational agency report card, 
                        except that the State educational 
                        agency may provide the local 
                        educational agency 1 additional year if 
                        the local educational agency 
                        demonstrates that exceptional or 
                        uncontrollable circumstances, such as a 
                        natural disaster or a precipitous and 
                        unforeseen decline in the financial 
                        resources of the local educational 
                        agency, prevented full implementation 
                        of this paragraph by that deadline and 
                        that the local educational agency will 
                        complete implementation within the 
                        additional 1-year period.
                            [(ii) Special rule.--If a State 
                        educational agency has received an 
                        extension pursuant to subsection 
                        (c)(1), then a local educational agency 
                        within that State shall not be required 
                        to include the information required 
                        under paragraph (1)(C) in such report 
                        card during such extension.
                    [(B) 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) as applied to the local 
                educational agency and each school served by 
                the local educational agency, and--
                            [(i) in the case of a local 
                        educational agency--
                                    [(I) the number and 
                                percentage of schools 
                                identified for school 
                                improvement under section 
                                1116(c) and how long the 
                                schools have been so 
                                identified; and
                                    [(II) information that 
                                shows how students served by 
                                the local educational agency 
                                achieved on the statewide 
                                academic assessment compared to 
                                students in the State as a 
                                whole; and
                            [(ii) in the case of a school--
                                    [(I) whether the school has 
                                been identified for school 
                                improvement; and
                                    [(II) information that 
                                shows how the school's students 
                                achievement on the statewide 
                                academic assessments and other 
                                indicators of adequate yearly 
                                progress compared to students 
                                in the local educational agency 
                                and the State as a whole.
                    [(C) Other information.--A local 
                educational agency may include in its annual 
                local educational agency report card any other 
                appropriate information, whether or not such 
                information is included in the annual State 
                report card.
                    [(D) 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, as determined by the State, and 
                that do not reveal personally identifiable 
                information about an individual student.
                    [(E) Public dissemination.--The local 
                educational agency shall, not later than the 
                beginning of the 2002-2003 school year, unless 
                the local educational agency has received a 1-
                year extension pursuant to subparagraph (A), 
                publicly disseminate the information described 
                in this paragraph to all schools in the school 
                district served by the local educational agency 
                and to all parents of students attending those 
                schools in an understandable and uniform format 
                and, to the extent practicable, provided in a 
                language that the parents can understand, and 
                make the information widely available through 
                public means, such as posting on the Internet, 
                distribution to the media, and distribution 
                through public agencies, except that if a local 
                educational agency 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 that was providing 
        public report cards on the performance of students, 
        schools, local educational agencies, or the State prior 
        to the enactment of the No Child Left Behind Act of 
        2001 may use those report cards for the purpose of this 
        subsection, so long as any such report card is 
        modified, as may be needed, to contain the information 
        required by this subsection.
            [(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) beginning with school year 2002-2003, 
                information on the State's progress in 
                developing and implementing the academic 
                assessments described in subsection (b)(3);
                    [(B) beginning not later than school year 
                2002-2003, information on the achievement of 
                students on the academic assessments required 
                by subsection (b)(3), including the 
                disaggregated results for the categories of 
                students identified in subsection (b)(2)(C)(v);
                    [(C) in any year before the State begins to 
                provide the information described in 
                subparagraph (B), information on the results of 
                student academic assessments (including 
                disaggregated results) required under this 
                section;
                    [(D) beginning not later than school year 
                2002-2003, unless the State has received an 
                extension pursuant to subsection (c)(1), 
                information on the acquisition of English 
                proficiency by children with limited English 
                proficiency;
                    [(E) the number and names of each school 
                identified for school improvement under section 
                1116(c), the reason why each school was so 
                identified, and the measures taken to address 
                the achievement problems of such schools;
                    [(F) the number of students and schools 
                that participated in public school choice and 
                supplemental service programs and activities 
                under this title; and
                    [(G) beginning not later than the 2002-2003 
                school year, information on the quality of 
                teachers and the percentage of classes being 
                taught by highly qualified teachers in the 
                State, local educational agency, and school.
            [(5) 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 
        (4).
            [(6) Parents right-to-know.--
                    [(A) Qualifications.--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 teacher has met 
                        State qualification and licensing 
                        criteria for the grade levels and 
                        subject areas in which the teacher 
                        provides instruction.
                            [(ii) Whether the teacher is 
                        teaching under emergency or other 
                        provisional status through which State 
                        qualification or licensing criteria 
                        have been waived.
                            [(iii) The baccalaureate degree 
                        major of the teacher and any other 
                        graduate certification or degree held 
                        by the teacher, and the field of 
                        discipline of the certification or 
                        degree.
                            [(iv) 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--
                            [(i) information on the level of 
                        achievement of the parent's child in 
                        each of the State academic assessments 
                        as required under this part; and
                            [(ii) timely notice that the 
                        parent's child has been assigned, or 
                        has been taught for four or more 
                        consecutive weeks by, a teacher who is 
                        not highly qualified.
                    [(C) Format.--The notice and information 
                provided to parents under this paragraph shall 
                be in an understandable and uniform format and, 
                to the extent practicable, provided in a 
                language that the parents can understand.
    [(i) Privacy.--Information collected under this section 
shall be collected and disseminated in a manner that protects 
the privacy of individuals.
    [(j) Technical Assistance.--The Secretary shall provide a 
State educational agency, at the State educational agency's 
request, technical assistance in meeting the requirements of 
this section, including the provision of advice by experts in 
the development of high-quality academic assessments, the 
setting of State standards, the development of measures of 
adequate yearly progress that are valid and reliable, and other 
relevant areas.
    [(k) Voluntary Partnerships.--A State may enter into a 
voluntary partnership with another State to develop and 
implement the academic assessments and standards required under 
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.
    [(m) Special Rule With Respect to Bureau-Funded Schools.--
In determining the assessments to be used by each operated or 
funded by BIA school receiving funds under this part, the 
following shall apply:
            [(1) Each such school that is accredited by the 
        State in which it is operating shall use the 
        assessments the State has developed and implemented to 
        meet the requirements of this section, or such other 
        appropriate assessment as approved by the Secretary of 
        the Interior.
            [(2) Each such school that is accredited by a 
        regional accrediting organization shall adopt an 
        appropriate assessment, in consultation with and with 
        the approval of, the Secretary of the Interior and 
        consistent with assessments adopted by other schools in 
        the same State or region, that meets 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 developed by such 
        agency or division, except that the Secretary of the 
        Interior shall ensure that such assessment meets the 
        requirements of this section.

[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 is coordinated with other 
        programs under this Act, the Individuals with 
        Disabilities Education Act, the Carl D. Perkins Career 
        and Technical Education Act of 2006, the McKinney-Vento 
        Homeless Assistance Act, and other Acts, as 
        appropriate.
            [(2) Consolidated application.--The plan may be 
        submitted as part of a consolidated application under 
        section 9305.
    [(b) Plan Provisions.--
            [(1) In general.--In order to help low-achieving 
        children meet challenging achievement academic 
        standards, each local educational agency plan shall 
        include--
                    [(A) a description of high-quality student 
                academic assessments, if any, that are in 
                addition to the academic assessments described 
                in the State plan under section 1111(b)(3), 
                that the local educational agency and schools 
                served under this part will use--
                            [(i) to determine the success of 
                        children served under this part in 
                        meeting the State student academic 
                        achievement standards, and to provide 
                        information to teachers, parents, and 
                        students on the progress being made 
                        toward meeting the State student 
                        academic achievement standards 
                        described in section 1111(b)(1)(D)(ii);
                            [(ii) to assist in diagnosis, 
                        teaching, and learning in the classroom 
                        in ways that best enable low-achieving 
                        children served under this part to meet 
                        State student achievement academic 
                        standards and do well in the local 
                        curriculum;
                            [(iii) to determine what revisions 
                        are needed to projects under this part 
                        so that such children meet the State 
                        student academic achievement standards; 
                        and
                            [(iv) to identify effectively 
                        students who may be at risk for reading 
                        failure or who are having difficulty 
                        reading, through the use of screening, 
                        diagnostic, and classroom-based 
                        instructional reading assessments, as 
                        defined under section 1208;
                    [(B) at the local educational agency's 
                discretion, a description of any other 
                indicators that will be used in addition to the 
                academic indicators described in section 1111 
                for the uses described in such section;
                    [(C) a description of how the local 
                educational agency will provide additional 
                educational assistance to individual students 
                assessed as needing help in meeting the State's 
                challenging student academic achievement 
                standards;
                    [(D) a description of the strategy the 
                local educational agency will use to coordinate 
                programs under this part with programs under 
                title II to provide professional development 
                for teachers and principals, and, if 
                appropriate, pupil services personnel, 
                administrators, parents and other staff, 
                including local educational agency level staff 
                in accordance with sections 1118 and 1119;
                    [(E) a description of how the local 
                educational agency will coordinate and 
                integrate services provided under this part 
                with other educational services at the local 
                educational agency or individual school level, 
                such as--
                            [(i) Even Start, Head Start, 
                        Reading First, Early Reading First, and 
                        other preschool programs, including 
                        plans for the transition of 
                        participants in such programs to local 
                        elementary school programs; and
                            [(ii) services for children with 
                        limited English proficiency, children 
                        with disabilities, migratory children, 
                        neglected or delinquent youth, Indian 
                        children served under part A of title 
                        VII, homeless children, and immigrant 
                        children in order to increase program 
                        effectiveness, eliminate duplication, 
                        and reduce fragmentation of the 
                        instructional program;
                    [(F) an assurance that the local 
                educational agency will participate, if 
                selected, in the State National Assessment of 
                Educational Progress in 4th and 8th grade 
                reading and mathematics carried out under 
                section 303(b)(2) of the National Assessment of 
                Educational Progress Authorization Act;
                    [(G) a description of the poverty criteria 
                that will be used to select school attendance 
                areas under section 1113;
                    [(H) a description of how teachers, in 
                consultation with parents, administrators, and 
                pupil services personnel, in targeted 
                assistance schools under section 1115, will 
                identify the eligible children most in need of 
                services under this part;
                    [(I) a general description of 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;
                    [(J) a description of how the local 
                educational agency will 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;
                    [(K) if appropriate, a description of how 
                the local educational agency will use funds 
                under this part to support preschool programs 
                for children, particularly children 
                participating in Early Reading First, or in a 
                Head Start or Even Start program, which 
                services may be provided directly by the local 
                educational agency or through a subcontract 
                with the local Head Start agency designated by 
                the Secretary of Health and Human Services 
                under section 641 of the Head Start Act, or an 
                agency operating an Even Start program, an 
                Early Reading First program, or another 
                comparable public early childhood development 
                program;
                    [(L) a description of the actions the local 
                educational agency will take to assist its low-
                achieving schools identified under section 1116 
                as in need of improvement;
                    [(M) a description of the actions the local 
                educational agency will take to implement 
                public school choice and supplemental services, 
                consistent with the requirements of section 
                1116;
                    [(N) a description of how the local 
                educational agency will meet the requirements 
                of section 1119;
                    [(O) a description of the services the 
                local educational agency will provide homeless 
                children, including services provided with 
                funds reserved under section 1113(c)(3)(A);
                    [(P) a description of the strategy the 
                local educational agency will use to implement 
                effective parental involvement under section 
                1118; and
                    [(Q) where appropriate, a description of 
                how the local educational agency will use funds 
                under this part to support after school 
                (including before school and summer school) and 
                school-year extension programs.
            [(2) Exception.--The academic assessments and 
        indicators described in subparagraphs (A) and (B) of 
        paragraph (1) shall not be used--
                    [(A) in lieu of the academic assessments 
                required under section 1111(b)(3) and other 
                State academic indicators under section 
                1111(b)(2); or
                    [(B) to reduce the number of, or change 
                which, schools would otherwise be subject to 
                school improvement, corrective action, or 
                restructuring under section 1116, if such 
                additional assessments or indicators described 
                in such subparagraphs were not used, but such 
                assessments and indicators may be used to 
                identify additional schools for school 
                improvement or in need of corrective action or 
                restructuring.
    [(c) Assurances.--
            [(1) In general.--Each local educational agency 
        plan shall provide assurances that the local 
        educational agency will--
                    [(A) inform eligible schools and parents of 
                schoolwide program authority and the ability of 
                such schools to consolidate funds from Federal, 
                State, and local sources;
                    [(B) provide technical assistance and 
                support to schoolwide programs;
                    [(C) work in consultation with schools as 
                the schools develop the schools' plans pursuant 
                to section 1114 and assist schools as the 
                schools implement such plans or undertake 
                activities pursuant to section 1115 so that 
                each school can make adequate yearly progress 
                toward meeting the State student academic 
                achievement standards;
                    [(D) fulfill such agency's school 
                improvement responsibilities under section 
                1116, including taking actions under paragraphs 
                (7) and (8) of section 1116(b);
                    [(E) provide services to eligible children 
                attending private elementary schools and 
                secondary schools in accordance with section 
                1120, and timely and meaningful consultation 
                with private school officials regarding such 
                services;
                    [(F) take into account the experience of 
                model programs for the educationally 
                disadvantaged, and the findings of relevant 
                scientifically based research indicating that 
                services may be most effective if focused on 
                students in the earliest grades at schools that 
                receive funds under this part;
                    [(G) in the case of a local educational 
                agency that chooses to use funds under this 
                part to provide early childhood development 
                services to low-income children below the age 
                of compulsory school attendance, ensure that 
                such services comply with the education 
                performance standards in effect under section 
                641A(a)(1)(B) of the Head Start Act;
                    [(H) work in consultation with schools as 
                the schools develop and implement their plans 
                or activities under sections 1118 and 1119;
                    [(I) comply with the requirements of 
                section 1119 regarding the qualifications of 
                teachers and paraprofessionals and professional 
                development;
                    [(J) inform eligible schools of the local 
                educational agency's authority to obtain 
                waivers on the school's behalf under title IX 
                and, if the State is an Ed-Flex Partnership 
                State, to obtain waivers under the Education 
                Flexibility Partnership Act of 1999;
                    [(K) coordinate and collaborate, to the 
                extent feasible and necessary as determined by 
                the local educational agency, with the State 
                educational agency and other agencies providing 
                services to children, youth, and families with 
                respect to a school in school improvement, 
                corrective action, or restructuring under 
                section 1116 if such a school requests 
                assistance from the local educational agency in 
                addressing major factors that have 
                significantly affected student achievement at 
                the school;
                    [(L) ensure, through incentives for 
                voluntary transfers, the provision of 
                professional development, recruitment programs, 
                or other effective strategies, that low-income 
                students and minority students are not taught 
                at higher rates than other students by 
                unqualified, out-of-field, or inexperienced 
                teachers;
                    [(M) use the results of the student 
                academic assessments required under section 
                1111(b)(3), and other measures or indicators 
                available to the agency, to review annually the 
                progress of each school served by the agency 
                and receiving funds under this part to 
                determine whether all of the schools are making 
                the progress necessary to ensure that all 
                students will meet the State's proficient level 
                of achievement on the State academic 
                assessments described in section 1111(b)(3) 
                within 12 years from the end of the 2001-2002 
                school year;
                    [(N) ensure that the results from the 
                academic assessments required under section 
                1111(b)(3) will be provided to parents and 
                teachers as soon as is practicably possible 
                after the test is taken, in an understandable 
                and uniform format and, to the extent 
                practicable, provided in a language that the 
                parents can understand; and
                    [(O) assist each school served by the 
                agency and assisted under this part in 
                developing or identifying examples of high-
                quality, effective curricula consistent with 
                section 1111(b)(8)(D).
            [(2) Special rule.--In carrying out subparagraph 
        (G) of paragraph (1), the Secretary--
                    [(A) shall consult with the Secretary of 
                Health and Human Services and shall establish 
                procedures (taking into consideration existing 
                State and local laws, and local teacher 
                contracts) to assist local educational agencies 
                to comply with such subparagraph; and
                    [(B) shall disseminate to local educational 
                agencies the education performance standards in 
                effect under section 641A(a)(1)(B) of the Head 
                Start Act, and such agencies affected by such 
                subparagraph shall plan for the implementation 
                of such subparagraph (taking into consideration 
                existing State and local laws, and local 
                teacher contracts), including pursuing the 
                availability of other Federal, State, and local 
                funding sources to assist in compliance with 
                such subparagraph.
            [(3) Inapplicability.--Paragraph (1)(G) of this 
        subsection shall not apply to preschool programs using 
        the Even Start model or to Even Start programs that are 
        expanded through the use of funds under this part.
    [(d) Plan Development and Duration.--
            [(1) Consultation.--Each local educational agency 
        plan shall be developed in consultation with teachers, 
        principals, administrators (including administrators of 
        programs described in other parts of this title), and 
        other appropriate school personnel, and with parents of 
        children in schools served under this part.
            [(2) Duration.--Each such plan shall be submitted 
        for the first year for which this part is in effect 
        following the date of enactment of the No Child Left 
        Behind Act of 2001 and shall remain in effect for the 
        duration of the agency's participation under this part.
            [(3) Review.--Each local educational agency shall 
        periodically review and, as necessary, revise its plan.
    [(e) State Approval.--
            [(1) In general.--Each local educational agency 
        plan shall be filed according to a schedule established 
        by the State educational agency.
            [(2) 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--
                    [(A) enables schools served under this part 
                to substantially help children served under 
                this part meet the academic standards expected 
                of all children described in section 
                1111(b)(1); and
                    [(B) meets the requirements of this 
                section.
            [(3) Review.--The State educational agency shall 
        review the local educational agency's plan to determine 
        if such agencies activities are in accordance with 
        sections 1118 and 1119.
    [(f) Program Responsibility.--The local educational agency 
plan shall reflect the shared responsibility of schools, 
teachers, and the local educational agency in making decisions 
regarding activities under sections 1114 and 1115.
    [(g) Parental Notification.--
            [(1) In general.--
                    [(A) Notice.--Each local educational agency 
                using funds under this part to provide a 
                language instruction educational program as 
                determined in part C of title III shall, not 
                later than 30 days after the beginning of the 
                school year, inform a parent or parents of a 
                limited English proficient child identified for 
                participation or participating in, such a 
                program of--
                            [(i) the reasons for the 
                        identification of their child as 
                        limited English proficient 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 limited English 
                        proficient children, and the expected 
                        rate of graduation from secondary 
                        school for such program if funds under 
                        this part are used for children in 
                        secondary 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;
                            [(viii) information pertaining to 
                        parental rights that includes written 
                        guidance--
                                    [(I) detailing--
                                            [(aa) the right 
                                        that parents have to 
                                        have their child 
                                        immediately removed 
                                        from such program upon 
                                        their request; and
                                            [(bb) 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
                                    [(II) assisting parents in 
                                selecting among various 
                                programs and methods of 
                                instruction, if more than one 
                                program or method is offered by 
                                the eligible entity.
                    [(B) Separate notification.--In addition to 
                providing the information required to be 
                provided under paragraph (1), each eligible 
                entity that is using funds provided under this 
                part to provide a language instruction 
                educational program, and that has failed to 
                make progress on the annual measurable 
                achievement objectives described in section 
                3122 for any fiscal year for which part A is in 
                effect, shall separately inform a parent or the 
                parents of a child identified for participation 
                in such program, or participating in such 
                program, of such failure not later than 30 days 
                after such failure occurs.
            [(2) Notice.--The notice and information provided 
        in paragraph (1) to a parent or parents of a child 
        identified for participation in a language instruction 
        educational program for limited English proficient 
        children shall be in an understandable and uniform 
        format and, to the extent practicable, provided in a 
        language that the parents can understand.
            [(3) Special rule applicable during the school 
        year.--For those children who have not been identified 
        as limited English proficient prior to the beginning of 
        the school year the local educational agency shall 
        notify parents within the first 2 weeks of the child 
        being placed in a language instruction educational 
        program consistent with paragraphs (1) and (2).
            [(4) Parental participation.--Each local 
        educational agency receiving funds under this part 
        shall implement an effective means of outreach to 
        parents of limited English proficient students 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 challenging State 
        academic achievement standards and State academic 
        content 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.
            [(5) 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.

[SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

    [(a) Determination.--
            [(1) In general.--A local educational agency shall 
        use funds received under this part only in eligible 
        school attendance areas.
            [(2) Eligible school attendance areas.--For the 
        purposes of this part--
                    [(A) the term ``school attendance area'' 
                means, in relation to a particular school, the 
                geographical area in which the children who are 
                normally served by that school reside; and
                    [(B) the term ``eligible school attendance 
                area'' means a school attendance area in which 
                the percentage of children from low-income 
                families is at least as high as the percentage 
                of children from low-income families served by 
                the local educational agency as a whole.
            [(3) Ranking order.--If funds allocated in 
        accordance with subsection (c) are insufficient to 
        serve all eligible school attendance areas, a local 
        educational agency shall--
                    [(A) 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
                    [(B) serve such eligible school attendance 
                areas in rank order.
            [(4) Remaining funds.--If funds remain after 
        serving all eligible school attendance areas under 
        paragraph (3), a local educational agency shall--
                    [(A) annually rank such agency's remaining 
                eligible school attendance areas from highest 
                to lowest either by grade span or for the 
                entire local educational agency according to 
                the percentage of children from low-income 
                families; and
                    [(B) serve such eligible school attendance 
                areas in rank order either within each grade-
                span grouping or within the local educational 
                agency as a whole.
            [(5) Measures.--The local educational agency shall 
        use the same measure of poverty, which measure shall be 
        the number of children ages 5 through 17 in poverty 
        counted in the most recent census data approved by the 
        Secretary, the number of children eligible for free and 
        reduced priced lunches under the Richard B. Russell 
        National School Lunch Act, 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--
                    [(A) to identify eligible school attendance 
                areas;
                    [(B) to determine the ranking of each area; 
                and
                    [(C) to determine allocations under 
                subsection (c).
            [(6) Exception.--This subsection shall not apply to 
        a local educational agency with a total enrollment of 
        less than 1,000 children.
            [(7) Waiver for desegregation plans.--The Secretary 
        may approve a local educational agency's written 
        request for a waiver of the requirements of subsections 
        (a) and (c), and permit such agency to treat as 
        eligible, and serve, any school that children attend 
        with a State-ordered, court-ordered school 
        desegregation plan or a plan that continues to be 
        implemented in accordance with a State-ordered or 
        court-ordered desegregation plan, if--
                    [(A) the number of economically 
                disadvantaged children enrolled in the school 
                is at least 25 percent of the school's total 
                enrollment; and
                    [(B) the Secretary determines on the basis 
                of a written request from such agency and in 
                accordance with such criteria as the Secretary 
                establishes, that approval of that request 
                would further the purposes of this part.
    [(b) Local Educational Agency Discretion.--
            [(1) In general.--Notwithstanding subsection 
        (a)(2), a local educational agency may--
                    [(A) designate as eligible any school 
                attendance area or school in which at least 35 
                percent of the children are from low-income 
                families;
                    [(B) use funds received under this part in 
                a school that is not in an eligible school 
                attendance area, if the percentage of children 
                from low-income families enrolled in the school 
                is equal to or greater than the percentage of 
                such children in a participating school 
                attendance area of such agency;
                    [(C) designate and serve a school 
                attendance area or school that is not eligible 
                under this section, but that was eligible and 
                that was served in the preceding fiscal year, 
                but only for 1 additional fiscal year; and
                    [(D) elect not to serve an eligible school 
                attendance area or eligible school that has a 
                higher percentage of children from low-income 
                families if--
                            [(i) the school meets the 
                        comparability requirements of section 
                        1120A(c);
                            [(ii) the school is receiving 
                        supplemental funds from other State or 
                        local sources that are spent according 
                        to the requirements of section 1114 or 
                        1115; and
                            [(iii) the funds expended from such 
                        other sources equal or exceed the 
                        amount that would be provided under 
                        this part.
            [(2) Special rule.--Notwithstanding paragraph 
        (1)(D), the number of children attending private 
        elementary schools and secondary schools who are to 
        receive services, and the assistance such children are 
        to receive under this part, shall be determined without 
        regard to whether the public school attendance area in 
        which such children reside is assisted under 
        subparagraph (A).
    [(c) Allocations.--
            [(1) In general.--A local educational agency shall 
        allocate funds received under this part to eligible 
        school attendance areas or eligible schools, identified 
        under subsections (a) and (b), in rank order, on the 
        basis of the total number of children from low-income 
        families in each area or school.
            [(2) Special rule.--
                    [(A) In general.--Except as provided in 
                subparagraph (B), the per-pupil amount of funds 
                allocated to each school attendance area or 
                school under paragraph (1) shall be at least 
                125 percent of the per-pupil amount of funds a 
                local educational agency received for that year 
                under the poverty criteria described by the 
                local educational agency in the plan submitted 
                under section 1112, except that this paragraph 
                shall not apply to a local educational agency 
                that only serves schools in which the 
                percentage of such children is 35 percent or 
                greater.
                    [(B) Exception.--A local educational agency 
                may reduce the amount of funds allocated under 
                subparagraph (A) for a school attendance area 
                or school by the amount of any supplemental 
                State and local funds expended in that school 
                attendance area or school for programs that 
                meet the requirements of section 1114 or 1115.
            [(3) Reservation.--A local educational agency shall 
        reserve such funds as are necessary under this part to 
        provide services comparable to those provided to 
        children in schools funded under this part to serve--
                    [(A) homeless children who do not attend 
                participating schools, including providing 
                educationally related support services to 
                children in shelters and other locations where 
                children may live;
                    [(B) children in local institutions for 
                neglected children; and
                    [(C) if appropriate, children in local 
                institutions for delinquent children, and 
                neglected or delinquent children in community 
                day school programs.
            [(4) Financial incentives and rewards 
        reservation.--A local educational agency may reserve 
        such funds as are necessary from those funds received 
        by the local educational agency under title II, and not 
        more than 5 percent of those funds received by the 
        local educational agency under subpart 2, to provide 
        financial incentives and rewards to teachers who serve 
        in schools eligible under this section and identified 
        for school improvement, corrective action, and 
        restructuring under section 1116(b) for the purpose of 
        attracting and retaining qualified and effective 
        teachers.

[SEC. 1114. SCHOOLWIDE PROGRAMS.

    [(a) Use of Funds for Schoolwide Programs.--
            [(1) In general.--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.
            [(2) Identification of students not required.--
                    [(A) In general.--No school participating 
                in a schoolwide program shall be required--
                            [(i) to identify particular 
                        children under this part as eligible to 
                        participate in a schoolwide program; or
                            [(ii) to provide services to such 
                        children that are supplementary, as 
                        otherwise required by section 1120A(b).
                    [(B) Supplemental funds.--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 children with limited 
                English proficiency.
            [(3) Exemption from statutory and regulatory 
        requirements.--
                    [(A) Exemption.--Except as provided in 
                subsection (b), 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, except as provided in section 
                613(a)(2)(D) of such Act), or any discretionary 
                grant program administered by the Secretary, to 
                support schoolwide programs if the intent and 
                purposes of such other programs are met.
                    [(B) Requirements.--A school that chooses 
                to use funds from such other programs shall not 
                be relieved of the requirements relating to 
                health, safety, civil rights, student and 
                parental participation and involvement, 
                services to private school children, 
                maintenance of effort, comparability of 
                services, uses of Federal funds to supplement, 
                not supplant non-Federal funds, 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 consolidates 
                and uses 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.
            [(4) Professional development.--Each school 
        receiving funds under this part for any fiscal year 
        shall devote sufficient resources to effectively carry 
        out the activities described in subsection (b)(1)(D) in 
        accordance with section 1119 for such fiscal year, 
        except that a school may enter into a consortium with 
        another school to carry out such activities.
    [(b) Components of a Schoolwide Program.--
            [(1) In general.--A schoolwide program shall 
        include the following components:
                    [(A) A comprehensive needs assessment of 
                the entire school (including taking into 
                account the needs of migratory children as 
                defined in section 1309(2)) that is based on 
                information which includes the achievement of 
                children in relation to the State academic 
                content standards and the State student 
                academic achievement standards described in 
                section 1111(b)(1).
                    [(B) Schoolwide reform strategies that--
                            [(i) provide opportunities for all 
                        children to meet the State's proficient 
                        and advanced levels of student academic 
                        achievement described in section 
                        1111(b)(1)(D);
                            [(ii) use effective methods and 
                        instructional strategies that are based 
                        on scientifically based research that--
                                    [(I) strengthen the core 
                                academic program in the school;
                                    [(II) increase the amount 
                                and quality of learning time, 
                                such as providing an extended 
                                school year and before- and 
                                after-school and summer 
                                programs and opportunities, and 
                                help provide an enriched and 
                                accelerated curriculum; and
                                    [(III) include strategies 
                                for meeting the educational 
                                needs of historically 
                                underserved populations;
                            [(iii)(I) include strategies to 
                        address the needs of all children in 
                        the school, but particularly the needs 
                        of low-achieving children and those at 
                        risk of not meeting the State student 
                        academic achievement standards who are 
                        members of the target population of any 
                        program that is included in the 
                        schoolwide program, which may include--
                                    [(aa) counseling, pupil 
                                services, and mentoring 
                                services;
                                    [(bb) college and career 
                                awareness and preparation, such 
                                as college and career guidance, 
                                personal finance education, and 
                                innovative teaching methods, 
                                which may include applied 
                                learning and team-teaching 
                                strategies; and
                                    [(cc) the integration of 
                                vocational and technical 
                                education programs; and
                            [(II) address how the school will 
                        determine if such needs have been met; 
                        and
                            [(iv) are consistent with, and are 
                        designed to implement, the State and 
                        local improvement plans, if any.
                    [(C) Instruction by highly qualified 
                teachers.
                    [(D) In accordance with section 1119 and 
                subsection (a)(4), high-quality and ongoing 
                professional development for teachers, 
                principals, and paraprofessionals and, if 
                appropriate, pupil services personnel, parents, 
                and other staff to enable all children in the 
                school to meet the State's student academic 
                achievement standards.
                    [(E) Strategies to attract high-quality 
                highly qualified teachers to high-need schools.
                    [(F) Strategies to increase parental 
                involvement in accordance with section 1118, 
                such as family literary services.
                    [(G) Plans for assisting preschool children 
                in the transition from early childhood 
                programs, such as Head Start, Even Start, Early 
                Reading First, or a State-run preschool 
                program, to local elementary school programs.
                    [(H) Measures to include teachers in the 
                decisions regarding the use of academic 
                assessments described in section 1111(b)(3) in 
                order to provide information on, and to 
                improve, the achievement of individual students 
                and the overall instructional program.
                    [(I) Activities to ensure that students who 
                experience difficulty mastering the proficient 
                or advanced levels of academic achievement 
                standards required by section 1111(b)(1) shall 
                be provided with effective, timely additional 
                assistance which shall include measures to 
                ensure that students' difficulties are 
                identified on a timely basis and to provide 
                sufficient information on which to base 
                effective assistance.
                    [(J) Coordination and integration of 
                Federal, State, and local services and 
                programs, including programs supported under 
                this Act, violence prevention programs, 
                nutrition programs, housing programs, Head 
                Start, adult education, vocational and 
                technical education, and job training.
            [(2) Plan.--
                    [(A) In general.--Any eligible school that 
                desires to operate a schoolwide program shall 
                first develop (or amend a plan for such a 
                program that was in existence on the day before 
                the date of enactment of the No Child Left 
                Behind Act of 2001), in consultation with the 
                local educational agency and its school support 
                team or other technical assistance provider 
                under section 1117, a comprehensive plan for 
                reforming the total instructional program in 
                the school that--
                            [(i) describes how the school will 
                        implement the components described in 
                        paragraph (1);
                            [(ii) describes how the school will 
                        use resources under this part and from 
                        other sources to implement those 
                        components;
                            [(iii) includes a list of State 
                        educational agency and local 
                        educational agency programs and other 
                        Federal programs under subsection 
                        (a)(3) that will be consolidated in the 
                        schoolwide program; and
                            [(iv) describes how the school will 
                        provide individual student academic 
                        assessment results in a language the 
                        parents can understand, including an 
                        interpretation of those results, to the 
                        parents of a child who participates in 
                        the academic assessments required by 
                        section 1111(b)(3).
                    [(B) Plan development.--The comprehensive 
                plan shall be--
                            [(i) developed during a one-year 
                        period, unless--
                                    [(I) the local educational 
                                agency, after considering the 
                                recommendation of the technical 
                                assistance providers under 
                                section 1117, determines that 
                                less time is needed to develop 
                                and implement the schoolwide 
                                program; or
                                    [(II) the school is 
                                operating a schoolwide program 
                                on the day preceding the date 
                                of enactment of the No Child 
                                Left Behind Act of 2001, 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;
                            [(ii) 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, 
                        and administrators (including 
                        administrators of programs described in 
                        other parts of this title), and, if 
                        appropriate, pupil services personnel, 
                        technical assistance providers, school 
                        staff, and, if the plan relates to a 
                        secondary school, students from such 
                        school;
                            [(iii) in effect for the duration 
                        of the school's participation under 
                        this part and reviewed and revised, as 
                        necessary, by the school;
                            [(iv) 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
                            [(v) if appropriate, developed in 
                        coordination with programs under 
                        Reading First, Early Reading First, 
                        Even Start, the Carl D. Perkins Career 
                        and Technical Education Act of 2006, 
                        and the Head Start Act.
    [(c) Prekindergarten Program.--A school that is eligible 
for a schoolwide program under this section may use funds made 
available under this part to establish or enhance 
prekindergarten programs for children below the age of 6, such 
as Even Start programs or Early Reading First programs.

[SEC. 1115. TARGETED ASSISTANCE SCHOOLS.

    [(a) In General.--In all schools selected to receive funds 
under section 1113(c) that are ineligible for a schoolwide 
program under section 1114, or that 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 (b) 
identified as having the greatest need for special assistance.
    [(b) Eligible Children.--
            [(1) Eligible population.--
                    [(A) In general.--The eligible population 
                for services under this section is--
                            [(i) children not older than age 21 
                        who are entitled to a free public 
                        education through grade 12; and
                            [(ii) children who are not yet at a 
                        grade level at which the local 
                        educational agency provides a free 
                        public education.
                    [(B) Eligible children from eligible 
                population.--From the population described in 
                subparagraph (A), eligible children are 
                children identified by the school as failing, 
                or most at risk of failing, to meet the State's 
                challenging student academic achievement 
                standards on the basis of multiple, 
                educationally related, objective criteria 
                established by the local educational agency and 
                supplemented by the school, except that 
                children from preschool through grade 2 shall 
                be selected solely on the basis of such 
                criteria as teacher judgment, interviews with 
                parents, and developmentally appropriate 
                measures.
            [(2) Children included.--
                    [(A) In general.--Children who are 
                economically disadvantaged, children with 
                disabilities, migrant children or limited 
                English proficient children, are eligible for 
                services under this part on the same basis as 
                other children selected to receive services 
                under this part.
                    [(B) Head start, even start, or early 
                reading first children.--A child who, at any 
                time in the 2 years preceding the year for 
                which the determination is made, participated 
                in a Head Start, Even Start, or Early Reading 
                First program, or in preschool services under 
                this title, is eligible for services under this 
                part.
                    [(C) Part c children.--A child who, at any 
                time in the 2 years preceding the year for 
                which the determination is made, received 
                services under part C is eligible for services 
                under this part.
                    [(D) Neglected or delinquent children.--A 
                child in a local institution for neglected or 
                delinquent children and youth or attending a 
                community day program for such children is 
                eligible for services under this part.
                    [(E) Homeless children.--A child who is 
                homeless and attending any school served by the 
                local educational agency is eligible for 
                services under this part.
            [(3) Special rule.--Funds received under this part 
        may not be used to provide services that are otherwise 
        required by law to be made available to children 
        described in paragraph (2) but may be used to 
        coordinate or supplement such services.
    [(c) Components of a Targeted Assistance School Program.--
            [(1) In general.--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) use such program's resources under 
                this part to help participating children meet 
                such State's challenging student academic 
                achievement standards expected for all 
                children;
                    [(B) ensure that planning for students 
                served under this part is incorporated into 
                existing school planning;
                    [(C) use effective methods and 
                instructional strategies that are based on 
                scientifically based research that strengthens 
                the core academic program of the school and 
                that--
                            [(i) give primary consideration to 
                        providing extended learning time, such 
                        as an extended school year, before- and 
                        after-school, and summer programs and 
                        opportunities;
                            [(ii) help provide an accelerated, 
                        high-quality curriculum, including 
                        applied learning; and
                            [(iii) minimize removing children 
                        from the regular classroom during 
                        regular school hours for instruction 
                        provided under this part;
                    [(D) coordinate with and support the 
                regular education program, which may include 
                services to assist preschool children in the 
                transition from early childhood programs such 
                as Head Start, Even Start, Early Reading First 
                or State-run preschool programs to elementary 
                school programs;
                    [(E) provide instruction by highly 
                qualified teachers;
                    [(F) in accordance with subsection (e)(3) 
                and section 1119, provide opportunities for 
                professional development with resources 
                provided under this part, and, to the extent 
                practicable, from other sources, for teachers, 
                principals, and paraprofessionals, including, 
                if appropriate, pupil services personnel, 
                parents, and other staff, who work with 
                participating children in programs under this 
                section or in the regular education program;
                    [(G) provide strategies to increase 
                parental involvement in accordance with section 
                1118, such as family literacy services; and
                    [(H) coordinate and integrate Federal, 
                State, and local services and programs, 
                including programs supported under this Act, 
                violence prevention programs, nutrition 
                programs, housing programs, Head Start, adult 
                education, vocational and technical education, 
                and job training.
            [(2) Requirements.--Each school conducting a 
        program under this section shall assist participating 
        children selected in accordance with subsection (b) to 
        meet the State's proficient and advanced levels of 
        achievement by--
                    [(A) the coordinating of resources provided 
                under this part with other resources; and
                    [(B) reviewing, on an ongoing basis, the 
                progress of participating children and revising 
                the targeted assistance program, if necessary, 
                to provide additional assistance to enable such 
                children to meet the State's challenging 
                student academic achievement standards, such as 
                an extended school year, before- and after-
                school, and summer programs and opportunities, 
                training for teachers regarding how to identify 
                students who need additional assistance, and 
                training for teachers regarding how to 
                implement student academic achievement 
                standards in the classroom.
    [(d) Integration of Professional Development.--To promote 
the integration of staff supported with funds under this part 
into the regular school program and overall school planning and 
improvement efforts, public school personnel who are paid with 
funds received under this part may--
            [(1) participate in general professional 
        development and school planning activities; and
            [(2) assume limited duties that are assigned to 
        similar personnel who are not so paid, including duties 
        beyond classroom instruction or that do not benefit 
        participating children, so long as the amount of time 
        spent on such duties is the same proportion of total 
        work time as prevails with respect to similar personnel 
        at the same school.
    [(e) Special Rules.--
            [(1) Simultaneous service.--Nothing in this section 
        shall be construed to prohibit a school from serving 
        students under this section simultaneously with 
        students with similar educational needs, in the same 
        educational settings where appropriate.
            [(2) Comprehensive services.--If--
                    [(A) health, nutrition, and other social 
                services are not otherwise available to 
                eligible children in a targeted assistance 
                school and such school, if appropriate, has 
                engaged in a comprehensive needs assessment and 
                established a collaborative partnership with 
                local service providers; and
                    [(B) funds are not reasonably available 
                from other public or private sources to provide 
                such services, then a portion of the funds 
                provided under this part may be used as a last 
                resort to provide such services, including--
                            [(i) the provision of basic medical 
                        equipment, such as eyeglasses and 
                        hearing aids;
                            [(ii) compensation of a 
                        coordinator; and
                            [(iii) professional development 
                        necessary to assist teachers, pupil 
                        services personnel, other staff, and 
                        parents in identifying and meeting the 
                        comprehensive needs of eligible 
                        children.
            [(3) Professional development.--Each school 
        receiving funds under this part for any fiscal year 
        shall devote sufficient resources to carry out 
        effectively the professional development activities 
        described in subparagraph (F) of subsection (c)(1) in 
        accordance with section 1119 for such fiscal year, and 
        a school may enter into a consortium with another 
        school to carry out such activities.

[SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL 
                    IMPROVEMENT.

    [(a) Local Review.--
            [(1) In general.--Each local educational agency 
        receiving funds under this part shall--
                    [(A) use the State academic assessments and 
                other indicators described in the State plan to 
                review annually the progress of each school 
                served under this part to determine whether the 
                school is making adequate yearly progress as 
                defined in section 1111(b)(2);
                    [(B) at the local educational agency's 
                discretion, use any academic assessments or any 
                other academic indicators described in the 
                local educational agency's plan under section 
                1112(b)(1)(A) and (B) to review annually the 
                progress of each school served under this part 
                to determine whether the school is making 
                adequate yearly progress as defined in section 
                1111(b)(2), except that the local educational 
                agency may not use such indicators (other than 
                as provided for in section 1111(b)(2)(I)) if 
                the indicators reduce the number or change the 
                schools that would otherwise be subject to 
                school improvement, corrective action, or 
                restructuring under section 1116 if such 
                additional indicators were not used, but may 
                identify additional schools for school 
                improvement or in need of corrective action or 
                restructuring;
                    [(C) publicize and disseminate the results 
                of the local annual review described in 
                paragraph (1) to parents, teachers, principals, 
                schools, and the community so that the 
                teachers, principals, other staff, and schools 
                can continually refine, in an instructionally 
                useful manner, the program of instruction to 
                help all children served under this part meet 
                the challenging State student academic 
                achievement standards established under section 
                1111(b)(1); and
                    [(D) review the effectiveness of the 
                actions and activities the schools are carrying 
                out under this part with respect to parental 
                involvement, professional development, and 
                other activities assisted under this part.
            [(2) Available results.--The State educational 
        agency shall ensure that the results of State academic 
        assessments administered in that school year are 
        available to the local educational agency before the 
        beginning of the next school year.
    [(b) School Improvement.--
            [(1) General requirements.--
                    [(A) Identification.--Subject to 
                subparagraph (C), a local educational agency 
                shall identify for school improvement any 
                elementary school or secondary school served 
                under this part that fails, for 2 consecutive 
                years, to make adequate yearly progress as 
                defined in the State's plan under section 
                1111(b)(2).
                    [(B) Deadline.--The identification 
                described in subparagraph (A) shall take place 
                before the beginning of the school year 
                following such failure to make adequate yearly 
                progress.
                    [(C) Application.--Subparagraph (A) shall 
                not apply to a school if almost every student 
                in each group specified in section 
                1111(b)(2)(C)(v) enrolled in such school is 
                meeting or exceeding the State's proficient 
                level of academic achievement.
                    [(D) Targeted assistance schools.--To 
                determine if an elementary school or a 
                secondary school that is conducting a targeted 
                assistance program under section 1115 should be 
                identified for school improvement, corrective 
                action, or restructuring under this section, a 
                local educational agency may choose to review 
                the progress of only the students in the school 
                who are served, or are eligible for services, 
                under this part.
                    [(E) Public school choice.--
                            [(i) In general.--In the case of a 
                        school identified for school 
                        improvement under this paragraph, the 
                        local educational agency shall, not 
                        later than the first day of the school 
                        year following such identification, 
                        provide all students enrolled in the 
                        school with the option to transfer to 
                        another public school served by the 
                        local educational agency, which may 
                        include a public charter school, that 
                        has not been identified for school 
                        improvement under this paragraph, 
                        unless such an option is prohibited by 
                        State law.
                            [(ii) Rule.--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 purposes 
                        of allocating funds to schools under 
                        section 1113(c)(1).
                    [(F) Transfer.--Students who use the option 
                to transfer under subparagraph (E) and 
                paragraph (5)(A), (7)(C)(i), or (8)(A)(i) or 
                subsection (c)(10)(C)(vii) 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.
            [(2) Opportunity to review and present evidence; 
        time limit.--
                    [(A) Identification.--Before identifying an 
                elementary school or a secondary school for 
                school improvement under paragraphs (1) or 
                (5)(A), for corrective action under paragraph 
                (7), or for restructuring under paragraph (8), 
                the local educational agency shall provide the 
                school with an opportunity to review the 
                school-level data, including academic 
                assessment data, on which the proposed 
                identification is based.
                    [(B) Evidence.--If the principal of a 
                school proposed for identification under 
                paragraph (1), (5)(A), (7), or (8) believes, or 
                a majority of the parents of the students 
                enrolled in such school believe, that the 
                proposed identification is in error for 
                statistical or other substantive reasons, the 
                principal may provide supporting evidence to 
                the local educational agency, which shall 
                consider that evidence before making a final 
                determination.
                    [(C) Final determination.--Not later than 
                30 days after a local educational agency 
                provides the school with the opportunity to 
                review such school-level data, the local 
                educational agency shall make public a final 
                determination on the status of the school with 
                respect to the identification.
            [(3) School plan.--
                    [(A) Revised plan.--After the resolution of 
                a review under paragraph (2), each school 
                identified under paragraph (1) for school 
                improvement shall, not later than 3 months 
                after being so identified, develop or revise a 
                school plan, in consultation with parents, 
                school staff, the local educational agency 
                serving the school, and outside experts, for 
                approval by such local educational agency. The 
                school plan shall cover a 2-year period and--
                            [(i) incorporate strategies based 
                        on scientifically based research that 
                        will strengthen the core academic 
                        subjects in the school and address the 
                        specific academic issues that caused 
                        the school to be identified for school 
                        improvement, and may include a strategy 
                        for the implementation of a 
                        comprehensive school reform model that 
                        includes each of the components 
                        described in part F;
                            [(ii) adopt policies and practices 
                        concerning the school's core academic 
                        subjects that have the greatest 
                        likelihood of ensuring that all groups 
                        of students specified in section 
                        1111(b)(2)(C)(v) and enrolled in the 
                        school will meet the State's proficient 
                        level of achievement on the State 
                        academic assessment described in 
                        section 1111(b)(3) not later than 12 
                        years after the end of the 2001-2002 
                        school year;
                            [(iii) provide an assurance that 
                        the school will spend not less than 10 
                        percent of the funds made available to 
                        the school under section 1113 for each 
                        fiscal year that the school is in 
                        school improvement status, for the 
                        purpose of providing to the school's 
                        teachers and principal high-quality 
                        professional development that--
                                    [(I) directly addresses the 
                                academic achievement problem 
                                that caused the school to be 
                                identified for school 
                                improvement;
                                    [(II) meets the 
                                requirements for professional 
                                development activities under 
                                section 1119; and
                                    [(III) is provided in a 
                                manner that affords increased 
                                opportunity for participating 
                                in that professional 
                                development;
                            [(iv) specify how the funds 
                        described in clause (iii) will be used 
                        to remove the school from school 
                        improvement status;
                            [(v) establish specific annual, 
                        measurable objectives for continuous 
                        and substantial progress by each group 
                        of students specified in section 
                        1111(b)(2)(C)(v) and enrolled in the 
                        school that will ensure that all such 
                        groups of students will, in accordance 
                        with adequate yearly progress as 
                        defined in section 1111(b)(2), meet the 
                        State's proficient level of achievement 
                        on the State academic assessment 
                        described in section 1111(b)(3) not 
                        later than 12 years after the end of 
                        the 2001-2002 school year;
                            [(vi) describe how the school will 
                        provide written notice about the 
                        identification to parents of each 
                        student enrolled in such school, in a 
                        format and, to the extent practicable, 
                        in a language that the parents can 
                        understand;
                            [(vii) specify the responsibilities 
                        of the school, the local educational 
                        agency, and the State educational 
                        agency serving the school under the 
                        plan, including the technical 
                        assistance to be provided by the local 
                        educational agency under paragraph (4) 
                        and the local educational agency's 
                        responsibilities under section 1120A;
                            [(viii) include strategies to 
                        promote effective parental involvement 
                        in the school;
                            [(ix) incorporate, as appropriate, 
                        activities before school, after school, 
                        during the summer, and during any 
                        extension of the school year; and
                            [(x) incorporate a teacher 
                        mentoring program.
                    [(B) Conditional approval.--The local 
                educational agency may condition approval of a 
                school plan under this paragraph on--
                            [(i) inclusion of one or more of 
                        the corrective actions specified in 
                        paragraph (7)(C)(iv); or
                            [(ii) feedback on the school 
                        improvement plan from parents and 
                        community leaders.
                    [(C) Plan implementation.--Except as 
                provided in subparagraph (D), a school shall 
                implement the school plan (including a revised 
                plan) expeditiously, but not later than the 
                beginning of the next full school year 
                following the identification under paragraph 
                (1).
                    [(D) Plan approved during school year.--
                Notwithstanding subparagraph (C), if a plan is 
                not approved prior to the beginning of a school 
                year, such plan shall be implemented 
                immediately upon approval.
                    [(E) Local educational agency approval.--
                The local educational agency, within 45 days of 
                receiving a school plan, shall--
                            [(i) establish a peer review 
                        process to assist with review of the 
                        school plan; and
                            [(ii) promptly review the school 
                        plan, work with the school as 
                        necessary, and approve the school plan 
                        if the plan meets the requirements of 
                        this paragraph.
            [(4) Technical assistance.--
                    [(A) In general.--For each school 
                identified for school improvement under 
                paragraph (1), the local educational agency 
                serving the school shall ensure the provision 
                of technical assistance as the school develops 
                and implements the school plan under paragraph 
                (3) throughout the plan's duration.
                    [(B) Specific assistance.--Such technical 
                assistance--
                            [(i) shall include assistance in 
                        analyzing data from the assessments 
                        required under section 1111(b)(3), and 
                        other examples of student work, to 
                        identify and address problems in 
                        instruction, and problems if any, in 
                        implementing the parental involvement 
                        requirements described in section 1118, 
                        the professional development 
                        requirements described in section 1119, 
                        and the responsibilities of the school 
                        and local educational agency under the 
                        school plan, and to identify and 
                        address solutions to such problems;
                            [(ii) shall include assistance in 
                        identifying and implementing 
                        professional development, instructional 
                        strategies, and methods of instruction 
                        that are based on scientifically based 
                        research and that have proven effective 
                        in addressing the specific 
                        instructional issues that caused the 
                        school to be identified for school 
                        improvement;
                            [(iii) shall include assistance in 
                        analyzing and revising the school's 
                        budget so that the school's resources 
                        are more effectively allocated to the 
                        activities most likely to increase 
                        student academic achievement and to 
                        remove the school from school 
                        improvement status; and
                            [(iv) may be provided--
                                    [(I) by the local 
                                educational agency, through 
                                mechanisms authorized under 
                                section 1117; or
                                    [(II) by the State 
                                educational agency, an 
                                institution of higher education 
                                (that is in full compliance 
                                with all the reporting 
                                provisions of title II of the 
                                Higher Education Act of 1965), 
                                a private not-for-profit 
                                organization or for-profit 
                                organization, an educational 
                                service agency, or another 
                                entity with experience in 
                                helping schools improve 
                                academic achievement.
                    [(C) Scientifically based research.--
                Technical assistance provided under this 
                section by a local educational agency or an 
                entity approved by that agency shall be based 
                on scientifically based research.
            [(5) Failure to make adequate yearly progress after 
        identification.--In the case of any school served under 
        this part that fails to make adequate yearly progress, 
        as set out in the State's plan under section 
        1111(b)(2), by the end of the first full school year 
        after identification under paragraph (1), the local 
        educational agency serving such school--
                    [(A) shall continue to provide all students 
                enrolled in the school with the option to 
                transfer to another public school served by the 
                local educational agency in accordance with 
                subparagraphs (E) and (F);
                    [(B) shall make supplemental educational 
                services available consistent with subsection 
                (e)(1); and
                    [(C) shall continue to provide technical 
                assistance.
            [(6) Notice to parents.--A local educational agency 
        shall promptly provide to a parent or parents (in an 
        understandable and uniform format and, to the extent 
        practicable, in a language the parents can understand) 
        of each student enrolled in an elementary school or a 
        secondary school identified for school improvement 
        under paragraph (1), for corrective action under 
        paragraph (7), or for restructuring under paragraph 
        (8)--
                    [(A) an explanation of what the 
                identification means, and how the school 
                compares in terms of academic achievement to 
                other elementary schools or secondary schools 
                served by the local educational agency and the 
                State educational agency involved;
                    [(B) the reasons for the identification;
                    [(C) an explanation of what the school 
                identified for school improvement is doing to 
                address the problem of low achievement;
                    [(D) an explanation of what the local 
                educational agency or State educational agency 
                is doing to help the school address the 
                achievement problem;
                    [(E) an explanation of how the parents can 
                become involved in addressing the academic 
                issues that caused the school to be identified 
                for school improvement; and
                    [(F) an explanation of the parents' option 
                to transfer their child to another public 
                school under paragraphs (1)(E), (5)(A), 
                (7)(C)(i), (8)(A)(i), and subsection 
                (c)(10)(C)(vii) (with transportation provided 
                by the agency when required by paragraph (9)) 
                or to obtain supplemental educational services 
                for the child, in accordance with subsection 
                (e).
            [(7) Corrective action.--
                    [(A) In general.--In this subsection, the 
                term ``corrective action'' means action, 
                consistent with State law, that--
                            [(i) substantially and directly 
                        responds to--
                                    [(I) the consistent 
                                academic failure of a school 
                                that caused the local 
                                educational agency to take such 
                                action; and
                                    [(II) any underlying 
                                staffing, curriculum, or other 
                                problems in the school; and
                            [(ii) is designed to increase 
                        substantially the likelihood that each 
                        group of students described in 
                        1111(b)(2)(C) enrolled in the school 
                        identified for corrective action will 
                        meet or exceed the State's proficient 
                        levels of achievement on the State 
                        academic assessments described in 
                        section 1111(b)(3).
                    [(B) System.--In order to help students 
                served under this part meet challenging State 
                student academic achievement standards, each 
                local educational agency shall implement a 
                system of corrective action in accordance with 
                subparagraphs (C) through (E).
                    [(C) Role of local educational agency.--In 
                the case of any school served by a local 
                educational agency under this part that fails 
                to make adequate yearly progress, as defined by 
                the State under section 1111(b)(2), by the end 
                of the second full school year after the 
                identification under paragraph (1), the local 
                educational agency shall--
                            [(i) continue to provide all 
                        students enrolled in the school with 
                        the option to transfer to another 
                        public school served by the local 
                        educational agency, in accordance with 
                        paragraph (1)(E) and (F);
                            [(ii) continue to provide technical 
                        assistance consistent with paragraph 
                        (4) while instituting any corrective 
                        action under clause (iv);
                            [(iii) continue to make 
                        supplemental educational services 
                        available, in accordance with 
                        subsection (e), to children who remain 
                        in the school; and
                            [(iv) identify the school for 
                        corrective action and take at least one 
                        of the following corrective actions:
                                    [(I) Replace the school 
                                staff who are relevant to the 
                                failure to make adequate yearly 
                                progress.
                                    [(II) Institute and fully 
                                implement a new curriculum, 
                                including providing appropriate 
                                professional development for 
                                all relevant staff, that is 
                                based on scientifically based 
                                research and offers substantial 
                                promise of improving 
                                educational achievement for 
                                low-achieving students and 
                                enabling the school to make 
                                adequate yearly progress.
                                    [(III) Significantly 
                                decrease management authority 
                                at the school level.
                                    [(IV) Appoint an outside 
                                expert to advise the school on 
                                its progress toward making 
                                adequate yearly progress, based 
                                on its school plan under 
                                paragraph (3).
                                    [(V) Extend the school year 
                                or school day for the school.
                                    [(VI) Restructure the 
                                internal organizational 
                                structure of the school.
                    [(D) Delay.--Notwithstanding any other 
                provision of this paragraph, the local 
                educational agency may delay, for a period not 
                to exceed 1 year, implementation of the 
                requirements under paragraph (5), corrective 
                action under this paragraph, or restructuring 
                under paragraph (8) if the school makes 
                adequate yearly progress for 1 year or if its 
                failure to make adequate yearly progress is due 
                to exceptional or uncontrollable circumstances, 
                such as a natural disaster or a precipitous and 
                unforeseen decline in the financial resources 
                of the local educational agency or school. No 
                such period shall be taken into account in 
                determining the number of consecutive years of 
                failure to make adequate yearly progress.
                    [(E) Publication and dissemination.--The 
                local educational agency shall publish and 
                disseminate information regarding any 
                corrective action the local educational agency 
                takes under this paragraph at a school--
                            [(i) to the public and to the 
                        parents of each student enrolled in the 
                        school subject to corrective action;
                            [(ii) in an understandable and 
                        uniform format and, to the extent 
                        practicable, provided in a language 
                        that the parents can understand; and
                            [(iii) through such means as the 
                        Internet, the media, and public 
                        agencies.
            [(8) Restructuring.--
                    [(A) Failure to make adequate yearly 
                progress.--If, after 1 full school year of 
                corrective action under paragraph (7), a school 
                subject to such corrective action continues to 
                fail to make adequate yearly progress, then the 
                local educational agency shall--
                            [(i) continue to provide all 
                        students enrolled in the school with 
                        the option to transfer to another 
                        public school served by the local 
                        educational agency, in accordance with 
                        paragraph (1)(E) and (F);
                            [(ii) continue to make supplemental 
                        educational services available, in 
                        accordance with subsection (e), to 
                        children who remain in the school; and
                            [(iii) prepare a plan and make 
                        necessary arrangements to carry out 
                        subparagraph (B).
                    [(B) Alternative governance.--Not later 
                than the beginning of the school year following 
                the year in which the local educational agency 
                implements subparagraph (A), the local 
                educational agency shall implement one of the 
                following alternative governance arrangements 
                for the school consistent with State law:
                            [(i) Reopening the school as a 
                        public charter school.
                            [(ii) Replacing all or most of the 
                        school staff (which may include the 
                        principal) who are relevant to the 
                        failure to make adequate yearly 
                        progress.
                            [(iii) Entering into a contract 
                        with an entity, such as a private 
                        management company, with a demonstrated 
                        record of effectiveness, to operate the 
                        public school.
                            [(iv) Turning the operation of the 
                        school over to the State educational 
                        agency, if permitted under State law 
                        and agreed to by the State.
                            [(v) Any other major restructuring 
                        of the school's governance arrangement 
                        that makes fundamental reforms, such as 
                        significant changes in the school's 
                        staffing and governance, to improve 
                        student academic achievement in the 
                        school and that has substantial promise 
                        of enabling the school to make adequate 
                        yearly progress as defined in the State 
                        plan under section 1111(b)(2). In the 
                        case of a rural local educational 
                        agency with a total of less than 600 
                        students in average daily attendance at 
                        the schools that are served by the 
                        agency and all of whose schools have a 
                        School Locale Code of 7 or 8, as 
                        determined by the Secretary, the 
                        Secretary shall, at such agency's 
                        request, provide technical assistance 
                        to such agency for the purpose of 
                        implementing this clause.
                    [(C) Prompt notice.--The local educational 
                agency shall--
                            [(i) provide prompt notice to 
                        teachers and parents whenever 
                        subparagraph (A) or (B) applies; and
                            [(ii) provide the teachers and 
                        parents with an adequate opportunity 
                        to--
                                    [(I) comment before taking 
                                any action under those 
                                subparagraphs; and
                                    [(II) participate in 
                                developing any plan under 
                                subparagraph (A)(iii).
            [(9) Transportation.--In any case described in 
        paragraph (1)(E) for schools described in paragraphs 
        (1)(A), (5), (7)(C)(i), and (8)(A), and subsection 
        (c)(10)(C)(vii), the local educational agency shall 
        provide, or shall pay for the provision of, 
        transportation for the student to the public school the 
        student attends.
            [(10) Funds for transportation and supplemental 
        educational services.--
                    [(A) In general.--Unless a lesser amount is 
                needed to comply with paragraph (9) and to 
                satisfy all requests for supplemental 
                educational services under subsection (e), a 
                local educational agency shall spend an amount 
                equal to 20 percent of its allocation under 
                subpart 2, from which the agency shall spend--
                            [(i) an amount equal to 5 percent 
                        of its allocation under subpart 2 to 
                        provide, or pay for, transportation 
                        under paragraph (9);
                            [(ii) an amount equal to 5 percent 
                        of its allocation under subpart 2 to 
                        provide supplemental educational 
                        services under subsection (e); and
                            [(iii) an amount equal to the 
                        remaining 10 percent of its allocation 
                        under subpart 2 for transportation 
                        under paragraph (9), supplemental 
                        educational services under subsection 
                        (e), or both, as the agency determines.
                    [(B) Total amount.--The total amount 
                described in subparagraph (A)(ii) is the 
                maximum amount the local educational agency 
                shall be required to spend under this part on 
                supplemental educational services described in 
                subsection (e).
                    [(C) Insufficient funds.--If the amount of 
                funds described in subparagraph (A)(ii) or 
                (iii) and available to provide services under 
                this subsection is insufficient to provide 
                supplemental educational services to each child 
                whose parents request the services, the local 
                educational agency shall give priority to 
                providing the services to the lowest-achieving 
                children.
                    [(D) Prohibition.--A local educational 
                agency shall not, as a result of the 
                application of this paragraph, reduce by more 
                than 15 percent the total amount made available 
                under section 1113(c) to a school described in 
                paragraph (7)(C) or (8)(A) of subsection (b).
            [(11) Cooperative agreement.--In any case described 
        in paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), 
        or subsection (c)(10)(C)(vii) if all public schools 
        served by the local educational agency to which a child 
        may transfer are identified for school improvement, 
        corrective action or restructuring, the agency shall, 
        to the extent practicable, establish a cooperative 
        agreement with other local educational agencies in the 
        area for a transfer.
            [(12) Duration.--If any school identified for 
        school improvement, corrective action, or restructuring 
        makes adequate yearly progress for two consecutive 
        school years, the local educational agency shall no 
        longer subject the school to the requirements of school 
        improvement, corrective action, or restructuring or 
        identify the school for school improvement for the 
        succeeding school year.
            [(13) Special rule.--A local educational agency 
        shall permit a child who transferred to another school 
        under this subsection to remain in that school until 
        the child has completed the highest grade in that 
        school. The obligation of the local educational agency 
        to provide, or to provide for, transportation for the 
        child ends at the end of a school year if the local 
        educational agency determines that the school from 
        which the child transferred is no longer identified for 
        school improvement or subject to corrective action or 
        restructuring.
            [(14) State educational agency responsibilities.--
        The State educational agency shall--
                    [(A) make technical assistance under 
                section 1117 available to schools identified 
                for school improvement, corrective action, or 
                restructuring under this subsection consistent 
                with section 1117(a)(2);
                    [(B) if the State educational agency 
                determines that a local educational agency 
                failed to carry out its responsibilities under 
                this subsection, take such corrective actions 
                as the State educational agency determines to 
                be appropriate and in compliance with State 
                law;
                    [(C) ensure that academic assessment 
                results under this part are provided to schools 
                before any identification of a school may take 
                place under this subsection; and
                    [(D) for local educational agencies or 
                schools identified for improvement under this 
                subsection, notify the Secretary of major 
                factors that were brought to the attention of 
                the State educational agency under section 
                1111(b)(9) that have significantly affected 
                student academic achievement.
    [(c) State Review and Local Educational Agency 
Improvement.--
            [(1) In general.--A State shall--
                    [(A) annually review the progress of each 
                local educational agency receiving funds under 
                this part to determine whether schools 
                receiving assistance under this part are making 
                adequate yearly progress as defined in section 
                1111(b)(2) toward meeting the State's student 
                academic achievement standards and to determine 
                if each local educational agency is carrying 
                out its responsibilities under this section and 
                sections 1117, 1118, and 1119; and
                    [(B) publicize and disseminate to local 
                educational agencies, teachers and other staff, 
                parents, students, and the community the 
                results of the State review, including 
                statistically sound disaggregated results, as 
                required by section 1111(b)(2).
            [(2) Rewards.--In the case of a local educational 
        agency that, for 2 consecutive years, has exceeded 
        adequate yearly progress as defined in the State plan 
        under section 1111(b)(2), the State may make rewards of 
        the kinds described under section 1117 to the agency.
            [(3) Identification of local educational agency for 
        improvement.--A State shall identify for improvement 
        any local educational agency that, for 2 consecutive 
        years, including the period immediately prior to the 
        date of enactment of the No Child Left Behind Act of 
        2001, failed to make adequate yearly progress as 
        defined in the State's plan under section 1111(b)(2).
            [(4) Targeted assistance schools.--When reviewing 
        targeted assistance schools served by a local 
        educational agency, a State educational agency may 
        choose to review the progress of only the students in 
        such schools who are served, or are eligible for 
        services, under this part.
            [(5) Opportunity to review and present evidence.--
                    [(A) Review.--Before identifying a local 
                educational agency for improvement under 
                paragraph (3) or corrective action under 
                paragraph (10), a State educational agency 
                shall provide the local educational agency with 
                an opportunity to review the data, including 
                academic assessment data, on which the proposed 
                identification is based.
                    [(B) Evidence.--If the local educational 
                agency believes that the proposed 
                identification is in error for statistical or 
                other substantive reasons, the agency may 
                provide supporting evidence to the State 
                educational agency, which shall consider the 
                evidence before making a final determination 
                not later than 30 days after the State 
                educational agency provides the local 
                educational agency with the opportunity to 
                review such data under subparagraph (A).
            [(6) Notification to parents.--The State 
        educational agency shall promptly provide to the 
        parents (in a format and, to the extent practicable, in 
        a language the parents can understand) of each student 
        enrolled in a school served by a local educational 
        agency identified for improvement, the results of the 
        review under paragraph (1) and, if the agency is 
        identified for improvement, the reasons for that 
        identification and how parents can participate in 
        upgrading the quality of the local educational agency.
            [(7) Local educational agency revisions.--
                    [(A) Plan.--Each local educational agency 
                identified under paragraph (3) shall, not later 
                than 3 months after being so identified, 
                develop or revise a local educational agency 
                plan, in consultation with parents, school 
                staff, and others. Such plan shall--
                            [(i) incorporate scientifically 
                        based research strategies that 
                        strengthen the core academic program in 
                        schools served by the local educational 
                        agency;
                            [(ii) identify actions that have 
                        the greatest likelihood of improving 
                        the achievement of participating 
                        children in meeting the State's student 
                        academic achievement standards;
                            [(iii) address the professional 
                        development needs of the instructional 
                        staff serving the agency by committing 
                        to spend not less than 10 percent of 
                        the funds received by the local 
                        educational agency under subpart 2 for 
                        each fiscal year in which the agency is 
                        identified for improvement for 
                        professional development (including 
                        funds reserved for professional 
                        development under subsection 
                        (b)(3)(A)(iii)), but excluding funds 
                        reserved for professional development 
                        under section 1119;
                            [(iv) include specific measurable 
                        achievement goals and targets for each 
                        of the groups of students identified in 
                        the disaggregated data pursuant to 
                        section 1111(b)(2)(C)(v), consistent 
                        with adequate yearly progress as 
                        defined under section 1111(b)(2);
                            [(v) address the fundamental 
                        teaching and learning needs in the 
                        schools of that agency, and the 
                        specific academic problems of low-
                        achieving students, including a 
                        determination of why the local 
                        educational agency's prior plan failed 
                        to bring about increased student 
                        academic achievement;
                            [(vi) incorporate, as appropriate, 
                        activities before school, after school, 
                        during the summer, and during an 
                        extension of the school year;
                            [(vii) specify the responsibilities 
                        of the State educational agency and the 
                        local educational agency under the 
                        plan, including specifying the 
                        technical assistance to be provided by 
                        the State educational agency under 
                        paragraph (9) and the local educational 
                        agency's responsibilities under section 
                        1120A; and
                            [(viii) include strategies to 
                        promote effective parental involvement 
                        in the school.
                    [(B) Implementation.--The local educational 
                agency shall implement the plan (including a 
                revised plan) expeditiously, but not later than 
                the beginning of the next school year after the 
                school year in which the agency was identified 
                for improvement.
            [(9) State educational agency responsibility.--
                    [(A) Technical or other assistance.--For 
                each local educational agency identified under 
                paragraph (3), the State educational agency 
                shall provide technical or other assistance if 
                requested, as authorized under section 1117, to 
                better enable the local educational agency to--
                            [(i) develop and implement the 
                        local educational agency's plan; and
                            [(ii) work with schools needing 
                        improvement.
                    [(B) Methods and strategies.--Technical 
                assistance provided under this section by the 
                State educational agency or an entity 
                authorized by such agency shall be supported by 
                effective methods and instructional strategies 
                based on scientifically based research. Such 
                technical assistance shall address problems, if 
                any, in implementing the parental involvement 
                activities described in section 1118 and the 
                professional development activities described 
                in section 1119.
            [(10) Corrective action.--In order to help students 
        served under this part meet challenging State student 
        academic achievement standards, each State shall 
        implement a system of corrective action in accordance 
        with the following:
                    [(A) Definition.--As used in this 
                paragraph, the term ``corrective action'' means 
                action, consistent with State law, that--
                            [(i) substantially and directly 
                        responds to the consistent academic 
                        failure that caused the State to take 
                        such action and to any underlying 
                        staffing, curricular, or other problems 
                        in the agency; and
                            [(ii) is designed to meet the goal 
                        of having all students served under 
                        this part achieve at the proficient and 
                        advanced student academic achievement 
                        levels.
                    [(B) General requirements.--After providing 
                technical assistance under paragraph (9) and 
                subject to subparagraph (E), the State--
                            [(i) may take corrective action at 
                        any time with respect to a local 
                        educational agency that has been 
                        identified under paragraph (3);
                            [(ii) shall take corrective action 
                        with respect to any local educational 
                        agency that fails to make adequate 
                        yearly progress, as defined by the 
                        State, by the end of the second full 
                        school year after the identification of 
                        the agency under paragraph (3); and
                            [(iii) shall continue to provide 
                        technical assistance while instituting 
                        any corrective action under clause (i) 
                        or (ii).
                    [(C) Certain corrective actions required.--
                In the case of a local educational agency 
                identified for corrective action, the State 
                educational agency shall take at least one of 
                the following corrective actions:
                            [(i) Deferring programmatic funds 
                        or reducing administrative funds.
                            [(ii) Instituting and fully 
                        implementing a new curriculum that is 
                        based on State and local academic 
                        content and achievement standards, 
                        including providing appropriate 
                        professional development based on 
                        scientifically based research for all 
                        relevant staff, that offers substantial 
                        promise of improving educational 
                        achievement for low-achieving students.
                            [(iii) Replacing the local 
                        educational agency personnel who are 
                        relevant to the failure to make 
                        adequate yearly progress.
                            [(iv) Removing particular schools 
                        from the jurisdiction of the local 
                        educational agency and establishing 
                        alternative arrangements for public 
                        governance and supervision of such 
                        schools.
                            [(v) Appointing, through the State 
                        educational agency, a receiver or 
                        trustee to administer the affairs of 
                        the local educational agency in place 
                        of the superintendent and school board.
                            [(vi) Abolishing or restructuring 
                        the local educational agency.
                            [(vii) Authorizing students to 
                        transfer from a school operated by the 
                        local educational agency to a higher-
                        performing public school operated by 
                        another local educational agency in 
                        accordance with subsections (b)(1)(E) 
                        and (F), and providing to such students 
                        transportation (or the costs of 
                        transportation) to such schools 
                        consistent with subsection (b)(9), in 
                        conjunction with carrying out not less 
                        than one additional action described 
                        under this subparagraph.
                    [(D) Hearing.--Prior to implementing any 
                corrective action under this paragraph, the 
                State educational agency shall provide notice 
                and a hearing to the affected local educational 
                agency, if State law provides for such notice 
                and hearing. The hearing shall take place not 
                later than 45 days following the decision to 
                implement corrective action.
                    [(E) Notice to parents.--The State 
                educational agency shall publish, and 
                disseminate to parents and the public, 
                information on any corrective action the State 
                educational agency takes under this paragraph 
                through such means as the Internet, the media, 
                and public agencies.
                    [(F) Delay.--Notwithstanding subparagraph 
                (B)(ii), a State educational agency may delay, 
                for a period not to exceed 1 year, 
                implementation of corrective action under this 
                paragraph if the local educational agency makes 
                adequate yearly progress for 1 year or its 
                failure to make adequate yearly progress is due 
                to exceptional or uncontrollable circumstances, 
                such as a natural disaster or a precipitous and 
                unforeseen decline in the financial resources 
                of the local educational agency. No such period 
                shall be taken into account in determining the 
                number of consecutive years of failure to make 
                adequate yearly progress.
            [(11) Special rule.--If a local educational agency 
        makes adequate yearly progress for two consecutive 
        school years beginning after the date of identification 
        of the agency under paragraph (3), the State 
        educational agency need no longer identify the local 
        educational agency for improvement or subject the local 
        educational agency to corrective action for the 
        succeeding school year.
    [(d) Construction.--Nothing in this section 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.
    [(e) Supplemental Educational Services.--
            [(1) Supplemental educational services.--In the 
        case of any school described in paragraph (5), (7), or 
        (8) of subsection (b), the local educational agency 
        serving such school shall, subject to this subsection, 
        arrange for the provision of supplemental educational 
        services to eligible children in the school from a 
        provider with a demonstrated record of effectiveness, 
        that is selected by the parents and approved for that 
        purpose by the State educational agency in accordance 
        with reasonable criteria, consistent with paragraph 
        (5), that the State educational agency shall adopt.
            [(2) Local educational agency responsibilities.--
        Each local educational agency subject to this 
        subsection shall--
                    [(A) provide, at a minimum, annual notice 
                to parents (in an understandable and uniform 
                format and, to the extent practicable, in a 
                language the parents can understand) of--
                            [(i) the availability of services 
                        under this subsection;
                            [(ii) the identity of approved 
                        providers of those services that are 
                        within the local educational agency or 
                        whose services are reasonably available 
                        in neighboring local educational 
                        agencies; and
                            [(iii) a brief description of the 
                        services, qualifications, and 
                        demonstrated effectiveness of each such 
                        provider;
                    [(B) if requested, assist parents in 
                choosing a provider from the list of approved 
                providers maintained by the State;
                    [(C) apply fair and equitable procedures 
                for serving students if the number of spaces at 
                approved providers is not sufficient to serve 
                all students; and
                    [(D) not disclose to the public the 
                identity of any student who is eligible for, or 
                receiving, supplemental educational services 
                under this subsection without the written 
                permission of the parents of the student.
            [(3) Agreement.--In the case of the selection of an 
        approved provider by a parent, the local educational 
        agency shall enter into an agreement with such 
        provider. Such agreement shall--
                    [(A) require the local educational agency 
                to develop, in consultation with parents (and 
                the provider chosen by the parents), a 
                statement of specific achievement goals for the 
                student, how the student's progress will be 
                measured, and a timetable for improving 
                achievement that, in the case of a student with 
                disabilities, is consistent with the student's 
                individualized education program under section 
                614(d) of the Individuals with Disabilities 
                Education Act;
                    [(B) describe how the student's parents and 
                the student's teacher or teachers will be 
                regularly informed of the student's progress;
                    [(C) provide for the termination of such 
                agreement if the provider is unable to meet 
                such goals and timetables;
                    [(D) contain provisions with respect to the 
                making of payments to the provider by the local 
                educational agency; and
                    [(E) prohibit the provider from disclosing 
                to the public the identity of any student 
                eligible for, or receiving, supplemental 
                educational services under this subsection 
                without the written permission of the parents 
                of such student.
            [(4) State educational agency responsibilities.--A 
        State educational agency shall--
                    [(A) in consultation with local educational 
                agencies, parents, teachers, and other 
                interested members of the public, promote 
                maximum participation by providers to ensure, 
                to the extent practicable, that parents have as 
                many choices as possible;
                    [(B) develop and apply objective criteria, 
                consistent with paragraph (5), to potential 
                providers that are based on a demonstrated 
                record of effectiveness in increasing the 
                academic proficiency of students in subjects 
                relevant to meeting the State academic content 
                and student achievement standards adopted under 
                section 1111(b)(1);
                    [(C) maintain an updated list of approved 
                providers across the State, by school district, 
                from which parents may select;
                    [(D) develop, implement, and publicly 
                report on standards and techniques for 
                monitoring the quality and effectiveness of the 
                services offered by approved providers under 
                this subsection, and for withdrawing approval 
                from providers that fail, for 2 consecutive 
                years, to contribute to increasing the academic 
                proficiency of students served under this 
                subsection as described in subparagraph (B); 
                and
                    [(E) provide annual notice to potential 
                providers of supplemental educational services 
                of the opportunity to provide services under 
                this subsection and of the applicable 
                procedures for obtaining approval from the 
                State educational agency to be an approved 
                provider of those services.
            [(5) Criteria for providers.--In order for a 
        provider to be included on the State list under 
        paragraph (4)(C), a provider shall agree to carry out 
        the following:
                    [(A) Provide parents of children receiving 
                supplemental educational services under this 
                subsection and the appropriate local 
                educational agency with information on the 
                progress of the children in increasing 
                achievement, in a format and, to the extent 
                practicable, a language that such parents can 
                understand.
                    [(B) Ensure that instruction provided and 
                content used by the provider are consistent 
                with the instruction provided and content used 
                by the local educational agency and State, and 
                are aligned with State student academic 
                achievement standards.
                    [(C) Meet all applicable Federal, State, 
                and local health, safety, and civil rights 
                laws.
                    [(D) Ensure that all instruction and 
                content under this subsection are secular, 
                neutral, and nonideological.
            [(6) Amounts for supplemental educational 
        services.--The amount that a local educational agency 
        shall make available for supplemental educational 
        services for each child receiving those services under 
        this subsection shall be the lesser of--
                    [(A) the amount of the agency's allocation 
                under subpart 2, divided by the number of 
                children from families below the poverty level 
                counted under section 1124(c)(1)(A); or
                    [(B) the actual costs of the supplemental 
                educational services received by the child.
            [(7) Funds provided by state educational agency.--
        Each State educational agency may use funds that the 
        agency reserves under this part, and part A of title V, 
        to assist local educational agencies that do not have 
        sufficient funds to provide services under this 
        subsection for all eligible students requesting such 
        services.
            [(8) Duration.--The local educational agency shall 
        continue to provide supplemental educational services 
        to a child receiving such services under this 
        subsection until the end of the school year in which 
        such services were first received.
            [(9) Prohibition.--Nothing contained in this 
        subsection shall permit the making of any payment for 
        religious worship or instruction.
            [(10) Waiver.--
                    [(A) Requirement.--At the request of a 
                local educational agency, a State educational 
                agency may waive, in whole or in part, the 
                requirement of this subsection to provide 
                supplemental educational services if the State 
                educational agency determines that--
                            [(i) none of the providers of those 
                        services on the list approved by the 
                        State educational agency under 
                        paragraph (4)(C) makes those services 
                        available in the area served by the 
                        local educational agency or within a 
                        reasonable distance of that area; and
                            [(ii) the local educational agency 
                        provides evidence that it is not able 
                        to provide those services.
                    [(B) Notification.--The State educational 
                agency shall notify the local educational 
                agency, within 30 days of receiving the local 
                educational agency's request for a waiver under 
                subparagraph (A), whether the request is 
                approved or disapproved and, if disapproved, 
                the reasons for the disapproval, in writing.
            [(11) Special rule.--If State law prohibits a State 
        educational agency from carrying out one or more of its 
        responsibilities under paragraph (4) with respect to 
        those who provide, or seek approval to provide, 
        supplemental educational services, each local 
        educational agency in the State shall carry out those 
        responsibilities with respect to its students who are 
        eligible for those services.
            [(12) Definitions.--In this subsection--
                    [(A) the term ``eligible child'' means a 
                child from a low-income family, as determined 
                by the local educational agency for purposes of 
                allocating funds to schools under section 
                1113(c)(1);
                    [(B) the term ``provider'' means a non-
                profit entity, a for-profit entity, or a local 
                educational agency that--
                            [(i) has a demonstrated record of 
                        effectiveness in increasing student 
                        academic achievement;
                            [(ii) is capable of providing 
                        supplemental educational services that 
                        are consistent with the instructional 
                        program of the local educational agency 
                        and the academic standards described 
                        under section 1111; and
                            [(iii) is financially sound; and
                    [(C) the term ``supplemental educational 
                services'' means tutoring and other 
                supplemental academic enrichment services that 
                are--
                            [(i) in addition to instruction 
                        provided during the school day; and
                            [(ii) are of high quality, 
                        research-based, and specifically 
                        designed to increase the academic 
                        achievement of eligible children on the 
                        academic assessments required under 
                        section 1111 and attain proficiency in 
                        meeting the State's academic 
                        achievement standards.
    [(f) Schools and LEAs Previously Identified for Improvement 
or Corrective Action.--
            [(1) Schools.--
                    [(A) School improvement.--
                            [(i) Schools in school-improvement 
                        status before date of enactment.--Any 
                        school that was in the first year of 
                        school improvement status under this 
                        section on the day preceding the date 
                        of enactment of the No Child Left 
                        Behind Act of 2001 (as this section was 
                        in effect on such day) shall be treated 
                        by the local educational agency as a 
                        school that is in the first year of 
                        school improvement status under 
                        paragraph (1).
                            [(ii) Schools in school-improvement 
                        status for 2 or more years before date 
                        of enactment.--Any school that was in 
                        school improvement status under this 
                        section for two or more consecutive 
                        school years preceding the date of 
                        enactment of the No Child Left Behind 
                        Act of 2001 (as this section was in 
                        effect on such day) shall be treated by 
                        the local educational agency as a 
                        school described in subsection (b)(5).
                    [(B) Corrective action.--Any school that 
                was in corrective action status under this 
                section on the day preceding the date of 
                enactment of the No Child Left Behind Act of 
                2001 (as this section was in effect on such 
                day) shall be treated by the local educational 
                agency as a school described in paragraph (7).
            [(2) LEAs.--
                    [(A) LEA improvement.--A State shall 
                identify for improvement under subsection 
                (c)(3) any local educational agency that was in 
                improvement status under this section as this 
                section was in effect on the day preceding the 
                date of enactment of the No Child Left Behind 
                Act of 2001.
                    [(B) Corrective action.--A State shall 
                identify for corrective action under subsection 
                (c)(10) any local educational agency that was 
                in corrective action status under this section 
                as this section was in effect on the day 
                preceding the date of enactment of the No Child 
                Left Behind Act of 2001.
                    [(C) Special rule.--For the schools and 
                other local educational agencies described 
                under paragraphs (1) and (2), as required, the 
                State shall ensure that public school choice in 
                accordance with subparagraphs (b)(1)(E) and (F) 
                and supplemental education services in 
                accordance with subsection (e) are provided not 
                later than the first day of the 2002-2003 
                school year.
                    [(D) Transition.--With respect to a 
                determination that a local educational agency 
                has for 2 consecutive years failed to make 
                adequate yearly progress as defined in the 
                State plan under section 1111(b)(2), such 
                determination shall include in such 2-year 
                period any continuous period of time 
                immediately preceding the date of enactment of 
                the No Child Left Behind Act of 2001 during 
                which the agency has failed to make such 
                progress.
    [(g) Schools Funded by the Bureau of Indian Affairs.--
            [(1) Adequate yearly progress for bureau funded 
        schools.--
                    [(A) Development of definition.--
                            [(i) Definition.--The Secretary of 
                        the Interior, in consultation with the 
                        Secretary if the Secretary of Interior 
                        requests the consultation, using the 
                        process set out in section 1138(b) of 
                        the Education Amendments of 1978, shall 
                        define adequate yearly progress, 
                        consistent with section 1111(b), for 
                        the schools funded by the Bureau of 
                        Indian Affairs on a regional or tribal 
                        basis, as appropriate, taking into 
                        account the unique circumstances and 
                        needs of such schools and the students 
                        served by such schools.
                            [(ii) Use of definition.--The 
                        Secretary of the Interior, consistent 
                        with clause (i), may use the definition 
                        of adequate yearly progress that the 
                        State in which the school that is 
                        funded by the Bureau is located uses 
                        consistent with section 1111(b), or in 
                        the case of schools that are located in 
                        more than one State, the Secretary of 
                        the Interior may use whichever State 
                        definition of adequate yearly progress 
                        that best meets the unique 
                        circumstances and needs of such school 
                        or schools and the students the schools 
                        serve.
                    [(B) Waiver.--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 definition of adequate yearly 
                progress established pursuant to paragraph (A) 
                where such definition is determined by such 
                body or school board to be inappropriate. If 
                such definition is waived, the tribal governing 
                body or school board shall, within 60 days 
                thereafter, submit to the Secretary of Interior 
                a proposal for an alternative definition of 
                adequate yearly progress, consistent with 
                section 1111(b), that takes into account the 
                unique circumstances and needs of such school 
                or schools and the students served. The 
                Secretary of the Interior, in consultation with 
                the Secretary if the Secretary of Interior 
                requests the consultation, shall approve such 
                alternative definition unless the Secretary 
                determines that the definition does not meet 
                the requirements of section 1111(b), taking 
                into account the unique circumstances and needs 
                of such school or schools and the students 
                served.
                    [(C) Technical assistance.--The Secretary 
                of Interior shall, in consultation with the 
                Secretary if the Secretary of Interior requests 
                the consultation, 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 to develop an 
                alternative definition of adequate yearly 
                progress.
            [(2) Accountability for bia schools.--For the 
        purposes of this section, schools funded by the Bureau 
        of Indian Affairs shall be considered schools subject 
        to subsection (b), as specifically provided for in this 
        subsection, except that such schools shall not be 
        subject to subsection (c), or the requirements to 
        provide public school choice and supplemental 
        educational services under subsections (b) and (e).
            [(3) School improvement for bureau schools.--
                    [(A) Contract and grant schools.--For a 
                school funded by the Bureau of Indian Affairs 
                which is operated under a contract issued by 
                the Secretary of the Interior pursuant to the 
                Indian Self-Determination Act (25 U.S.C. 450 et 
                seq.) or under a grant issued by the Secretary 
                of the Interior pursuant to the Tribally 
                Controlled Schools Act of 1988 (25 U.S.C. 2501 
                et seq.), the school board of such school shall 
                be responsible for meeting the requirements of 
                subsection (b) relating to development and 
                implementation of any school improvement plan 
                as described in subsections (b)(1) through 
                (b)(3), and subsection (b)(5), other than 
                subsection (b)(1)(E). The Bureau of Indian 
                Affairs shall be responsible for meeting the 
                requirements of subsection (b)(4) relating to 
                technical assistance.
                    [(B) Bureau operated schools.--For schools 
                operated by the Bureau of Indian Affairs, the 
                Bureau shall be responsible for meeting the 
                requirements of subsection (b) relating to 
                development and implementation of any school 
                improvement plan as described in subsections 
                (b)(1) through (b)(5), other than subsection 
                (b)(1)(E).
            [(4) Corrective action and restructuring for 
        bureau-funded schools.--
                    [(A) Contract and grant schools.--For a 
                school funded by the Bureau of Indian Affairs 
                which is operated under a contract issued by 
                the Secretary of the Interior pursuant to the 
                Indian Self-Determination Act (25 U.S.C. 450 et 
                seq.) or under a grant issued by the Secretary 
                of the Interior pursuant to the Tribally 
                Controlled Schools Act of 1988 (25 U.S.C. 2501 
                et seq.), the school board of such school shall 
                be responsible for meeting the requirements of 
                subsection (b) relating to corrective action 
                and restructuring as described in subsection 
                (b)(7) and (b)(8). Any action taken by such 
                school board under subsection (b)(7) or (b)(8) 
                shall take into account the unique 
                circumstances and structure of the Bureau of 
                Indian Affairs-funded school system and the 
                laws governing that system.
                    [(B) Bureau operated schools.--For schools 
                operated by the Bureau of Indian Affairs, the 
                Bureau shall be responsible for meeting the 
                requirements of subsection (b) relating to 
                corrective action and restructuring as 
                described in subsection (b)(7) and (b)(8). Any 
                action taken by the Bureau under subsection 
                (b)(7) or (b)(8) shall take into account the 
                unique circumstances and structure of the 
                Bureau of Indian Affairs-funded school system 
                and the laws governing that system.
            [(5) Annual report.--On an annual basis, the 
        Secretary of the Interior shall report to the Secretary 
        of Education and to the appropriate committees of 
        Congress regarding any schools funded by the Bureau of 
        Indian Affairs which have been identified for school 
        improvement. Such report shall include--
                    [(A) the identity of each school;
                    [(B) a statement from each affected school 
                board regarding the factors that lead to such 
                identification; and
                    [(C) an analysis by the Secretary of the 
                Interior, in consultation with the Secretary if 
                the Secretary of Interior requests the 
                consultation, as to whether sufficient 
                resources were available to enable such school 
                to achieve adequate yearly progress.
    [(h) Other Agencies.--After receiving the notice described 
in subsection (b)(14)(D), the Secretary may notify, to the 
extent feasible and necessary as determined by the Secretary, 
other relevant Federal agencies regarding the major factors 
that were determined by the State educational agency to have 
significantly affected student academic achievement.

[SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.

    [(a) System for Support.--
            [(1) In general.--Each State shall establish a 
        statewide system of intensive and sustained support and 
        improvement for local educational agencies and schools 
        receiving funds under this part, in order to increase 
        the opportunity for all students served by those 
        agencies and schools to meet the State's academic 
        content standards and student academic achievement 
        standards.
            [(2) Priorities.--In carrying out this subsection, 
        a State shall--
                    [(A) first, provide support and assistance 
                to local educational agencies with schools 
                subject to corrective action under section 1116 
                and assist those schools, in accordance with 
                section 1116(b)(11), for which a local 
                educational agency has failed to carry out its 
                responsibilities under paragraphs (7) and (8) 
                of section 1116(b);
                    [(B) second, provide support and assistance 
                to other local educational agencies with 
                schools identified as in need of improvement 
                under section 1116(b); and
                    [(C) third, provide support and assistance 
                to other local educational agencies and schools 
                participating under this part that need that 
                support and assistance in order to achieve the 
                purpose of this part.
            [(3) Regional centers.--Such a statewide system 
        shall, to the extent practicable, work with and receive 
        support and assistance from regional educational 
        laboratories established under part D of the Education 
        Sciences Reform Act of 2002 and comprehensive centers 
        established under the Educational Technical Assistance 
        Act of 2002 and the comprehensive regional technical 
        assistance centers and the regional educational 
        laboratories under section 941(h) of the Educational 
        Research, Development, Dissemination, and Improvement 
        Act of 1994 (as such section existed on the day before 
        the date of enactment of the Education Sciences Reform 
        Act of 2002), or other providers of technical 
        assistance.
            [(4) Statewide system.--
                    [(A) In order to achieve the purpose 
                described in paragraph (1), the statewide 
                system shall include, at a minimum, the 
                following approaches:
                            [(i) Establishing school support 
                        teams in accordance with subparagraph 
                        (C) for assignment to, and working in, 
                        schools in the State that are described 
                        in paragraph (2).
                            [(ii) Providing such support as the 
                        State educational agency determines 
                        necessary and available in order to 
                        ensure the effectiveness of such teams.
                            [(iii) Designating and using 
                        distinguished teachers and principals 
                        who are chosen from schools served 
                        under this part that have been 
                        especially successful in improving 
                        academic achievement.
                            [(iv) Devising additional 
                        approaches to providing the assistance 
                        described in paragraph (1), such as 
                        providing assistance through 
                        institutions of higher education and 
                        educational service agencies or other 
                        local consortia, and private providers 
                        of scientifically based technical 
                        assistance.
                    [(B) Priority.--The State educational 
                agency shall give priority to the approach 
                described in clause (i) of subparagraph (A).
            [(5) School support teams.--
                    [(A) Composition.--Each school support team 
                established under this section shall be 
                composed of persons knowledgeable about 
                scientifically based research and practice on 
                teaching and learning and about successful 
                schoolwide projects, school reform, and 
                improving educational opportunities for low-
                achieving students, including--
                            [(i) highly qualified or 
                        distinguished teachers and principals;
                            [(ii) pupil services personnel;
                            [(iii) parents;
                            [(iv) representatives of 
                        institutions of higher education;
                            [(v) representatives of regional 
                        educational laboratories or 
                        comprehensive regional technical 
                        assistance centers;
                            [(vi) representatives of outside 
                        consultant groups; or
                            [(vii) other individuals as the 
                        State educational agency, in 
                        consultation with the local educational 
                        agency, may determine appropriate.
                    [(B) Functions.--Each school support team 
                assigned to a school under this section shall--
                            [(i) review and analyze all facets 
                        of the school's operation, including 
                        the design and operation of the 
                        instructional program, and assist the 
                        school in developing recommendations 
                        for improving student performance in 
                        that school;
                            [(ii) collaborate with parents and 
                        school staff and the local educational 
                        agency serving the school in the 
                        design, implementation, and monitoring 
                        of a plan that, if fully implemented, 
                        can reasonably be expected to improve 
                        student performance and help the school 
                        meet its goals for improvement, 
                        including adequate yearly progress 
                        under section 1111(b)(2)(B);
                            [(iii) evaluate, at least 
                        semiannually, the effectiveness of 
                        school personnel assigned to the 
                        school, including identifying 
                        outstanding teachers and principals, 
                        and make findings and recommendations 
                        to the school, the local educational 
                        agency, and, where appropriate, the 
                        State educational agency; and
                            [(iv) make additional 
                        recommendations as the school 
                        implements the plan described in clause 
                        (ii) to the local educational agency 
                        and the State educational agency 
                        concerning additional assistance that 
                        is needed by the school or the school 
                        support team.
                    [(C) Continuation of assistance.--After one 
                school year, from the beginning of the 
                activities, such school support team, in 
                consultation with the local educational agency, 
                may recommend that the school support team 
                continue to provide assistance to the school, 
                or that the local educational agency or the 
                State educational agency, as appropriate, take 
                alternative actions with regard to the school.
    [(b) State Recognition.--
            [(1) Academic achievement awards program.--
                    [(A) In general.--Each State receiving a 
                grant under this part--
                            [(i) shall establish a program for 
                        making academic achievement awards to 
                        recognize schools that meet the 
                        criteria described in subparagraph (B); 
                        and
                            [(ii) as appropriate and as funds 
                        are available under subsection 
                        (c)(2)(A), may financially reward 
                        schools served under this part that 
                        meet the criteria described in clause 
                        (ii).
                    [(B) Criteria.--The criteria referred to in 
                subparagraph (A) are that a school--
                            [(i) significantly closed the 
                        achievement gap between the groups of 
                        students described in section 
                        1111(b)(2); or
                            [(ii) exceeded their adequate 
                        yearly progress, consistent with 
                        section 1111(b)(2), for 2 or more 
                        consecutive years.
            [(2) Distinguished schools.--Of those schools 
        meeting the criteria described in paragraph (2), each 
        State shall designate as distinguished schools those 
        schools that have made the greatest gains in closing 
        the achievement gap as described in subparagraph (B)(i) 
        or exceeding adequate yearly progress as described in 
        subparagraph (B)(ii). Such distinguished schools may 
        serve as models for and provide support to other 
        schools, especially schools identified for improvement 
        under section 1116, to assist such schools in meeting 
        the State's academic content standards and student 
        academic achievement standards.
            [(3) Awards to teachers.--A State program under 
        paragraph (1) may also recognize and provide financial 
        awards to teachers teaching in a school described in 
        such paragraph that consistently makes significant 
        gains in academic achievement in the areas in which the 
        teacher provides instruction, or to teachers or 
        principals designated as distinguished under subsection 
        (a)(4)(A)(iii).
    [(c) Funding.--
            [(1) In general.--Each State--
                    [(A) shall use funds reserved under section 
                1003(a) and may use funds made available under 
                section 1003(g) for the approaches described 
                under subsection (a)(4)(A); and
                    [(B) shall use State administrative funds 
                authorized under section 1004(a) to establish 
                the statewide system of support described under 
                subsection (a).
            [(2) Reservations of funds by state.--
                    [(A) Awards program.--For the purpose of 
                carrying out subsection (b)(1), each State 
                receiving a grant under this part may reserve, 
                from the amount (if any) by which the funds 
                received by the State under subpart 2 for a 
                fiscal year exceed the amount received by the 
                State under that subpart for the preceding 
                fiscal year, not more than 5 percent of such 
                excess amount.
                    [(B) Teacher awards.--For the purpose of 
                carrying out subsection (b)(3), a State 
                educational agency may reserve such funds as 
                necessary from funds made available under 
                section 2113.
            [(3) Use within 3 years.--Notwithstanding any other 
        provision of law, the amount reserved under 
        subparagraph (A) by a State for each fiscal year shall 
        remain available to the State until expended for a 
        period not exceeding 3 years receipt of funds.
            [(4) Special allocation rule for schools in high-
        poverty areas.--
                    [(A) In general.--Each State shall 
                distribute not less than 75 percent of any 
                amount reserved under paragraph (2)(A) for each 
                fiscal year to schools described in 
                subparagraph (B), or to teachers in those 
                schools consistent with subsection (b)(3).
                    [(B) School described.--A school described 
                in subparagraph (A) is a school whose student 
                population is in the highest quartile of 
                schools statewide in terms of the percentage of 
                children from low income families.]

SEC. 1111. STATE PLANS.

    (a) Plans Required.--
            (1) In general.--For any State desiring to receive 
        a grant under this part, the State educational agency 
        shall submit to the Secretary a plan, developed by the 
        State educational agency with timely and meaningful 
        consultation with the Governor, local educational 
        agencies (including those located in rural areas), 
        representatives of Indian tribes located in the State, 
        teachers, principals, other school leaders, specialized 
        instructional support personnel, paraprofessionals 
        (including organizations representing such 
        individuals), administrators, other staff, and parents, 
        that--
                    (A) 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 Child Care and Development Block Grant 
                Act of 1990, the Education Sciences Reform Act 
                of 2002, the Education Technical Assistance 
                Act, the NAEP Authorization Act, the McKinney-
                Vento Homeless Assistance Act, and the Adult 
                Education and Family Literacy Act; and
                    (B) describes how the State will implement 
                evidence-based strategies for improving student 
                achievement under this title and disseminate 
                that information to local educational agencies.
            (2) Consolidated plan.--A State plan submitted 
        under paragraph (1) may be submitted as part of a 
        consolidated plan under section 9302.
            (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 that--
                                    (I) are representative of 
                                teachers, principals, other 
                                school leaders, specialized 
                                instructional support 
                                personnel, State educational 
                                agencies, local educational 
                                agencies, and individuals and 
                                researchers with practical 
                                experience in implementing 
                                academic standards, 
                                assessments, or accountability 
                                systems, and meeting the needs 
                                of disadvantaged students, 
                                children with disabilities, 
                                students who are English 
                                learners, the needs of low-
                                performing schools, and other 
                                educational needs of students;
                                    (II) include a balanced 
                                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 5 years; and
                                    (III) represent a 
                                regionally diverse cross-
                                section 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 will review 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
                            (v) deem a State plan as approved 
                        within 90 days of its submission unless 
                        the Secretary presents substantial 
                        evidence that clearly demonstrates that 
                        such 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 publicly available, 
                        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) Rule of construction.--Nothing in this 
                paragraph shall be construed as prohibiting the 
                Secretary from appointing an individual to 
                serve as a peer reviewer on more than one peer 
                review team under subparagraph (A) or to review 
                more than one State plan.
            (4) State plan determination, demonstration, and 
        revision.--If the Secretary determines that a State 
        plan does not meet the requirements of this subsection 
        or subsection (b) or (c), the Secretary shall, prior to 
        declining to approve the State plan--
                    (A) immediately notify the State of such 
                determination;
                    (B) provide a detailed description of the 
                specific requirements of this subsection or 
                subsection (b) or (c) of the State plan that 
                the Secretary determines fails to meet such 
                requirements;
                    (C) provide all peer review comments, 
                suggestions, recommendations, or concerns in 
                writing to the State;
                    (D) offer the State an opportunity to 
                revise and resubmit its plan within 60 days of 
                such determination, including the chance for 
                the State to present substantial evidence to 
                clearly demonstrate that the State plan meets 
                the requirements of this section;
                    (E) provide technical assistance, upon 
                request of the State, in order to assist the 
                State to meet the requirements of this 
                subsection or subsection (b) or (c); and
                    (F) conduct a public hearing within 30 days 
                of such resubmission, with public notice 
                provided not less than 15 days before such 
                hearing, unless the State declines the 
                opportunity for such public hearing.
            (5) State plan disapproval.--The Secretary shall 
        have the authority to disapprove a State plan if the 
        State has been notified and offered an opportunity to 
        revise and submit with technical assistance under 
        paragraph (4), and--
                    (A) the State does not revise and resubmit 
                its plan; or
                    (B) the State revises and resubmits a plan 
                that the Secretary determines does not meet the 
                requirements of this part after a hearing 
                conducted under paragraph (4)(F), if 
                applicable.
            (6) Limitations.--
                    (A) In general.--The Secretary shall not 
                have the authority to require a State, as a 
                condition of approval of the State plan or 
                revisions or amendments to the State plan, to--
                            (i) include in, or delete from, 
                        such plan 1 or more specific elements 
                        of the challenging State academic 
                        standards;
                            (ii) use specific academic 
                        assessment instruments or items;
                            (iii) set specific State-designed 
                        annual goals or specific timelines for 
                        such goals for all students or each of 
                        the categories of students, as defined 
                        in subsection (b)(3)(A);
                            (iv) assign any specific weight or 
                        specific significance to any measures 
                        or indicators of student academic 
                        achievement or growth within State-
                        designed accountability systems;
                            (v) include in, or delete from, 
                        such a plan any criterion that 
                        specifies, defines, or prescribes--
                                    (I) the standards or 
                                measures that States or local 
                                educational agencies use to 
                                establish, implement, or 
                                improve challenging State 
                                academic standards, including 
                                the content of, or achievement 
                                levels within, such standards;
                                    (II) the specific types of 
                                academic assessments or 
                                assessment items that States 
                                and local educational agencies 
                                use to meet the requirements of 
                                this part;
                                    (III) any requirement that 
                                States shall measure student 
                                growth, the specific metrics 
                                used to measure student 
                                academic growth if a State 
                                chooses to measure student 
                                growth, or the specific 
                                indicators or methods to 
                                measure student readiness to 
                                enter postsecondary education 
                                or the workforce;
                                    (IV) any specific 
                                benchmarks, targets, goals, or 
                                metrics to measure nonacademic 
                                measures or indicators;
                                    (V) the specific weight or 
                                specific significance of any 
                                measure or indicator of student 
                                academic achievement within 
                                State-designed accountability 
                                systems;
                                    (VI) the specific annual 
                                goals States establish for 
                                student academic achievement or 
                                high school graduation rates, 
                                as described in subclauses (I) 
                                and (II) of subsection 
                                (b)(3)(B)(i);
                                    (VII) any aspect or 
                                parameter of a teacher, 
                                principal, or other school 
                                leader evaluation system within 
                                a State or local educational 
                                agency; or
                                    (VIII) indicators or 
                                specific measures of teacher, 
                                principal, or other school 
                                leader effectiveness or 
                                quality; or
                            (vi) require data collection beyond 
                        data derived from existing Federal, 
                        State, and local reporting requirements 
                        and data sources.
                    (B) Rule of construction.--Nothing in this 
                paragraph shall be construed as authorizing, 
                requiring, or allowing any additional reporting 
                requirements, data elements, or information to 
                be reported to the Secretary not otherwise 
                explicitly authorized under Federal law.
            (7) Public review.--All written communications, 
        feedback, and notifications under this subsection shall 
        be conducted in a manner that is transparent and 
        immediately made available to the public through the 
        website of the Department, including--
                    (A) plans submitted or resubmitted by a 
                State;
                    (B) peer-review comments;
                    (C) State plan determinations by the 
                Secretary, including approvals or disapprovals; 
                and
                    (D) notices and transcripts of public 
                hearings under this section.
            (8) 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 or 7 years, whichever 
                        is shorter; 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, 
                        new academic assessments, or changes to 
                        its accountability system under 
                        subsection (b)(3), 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 
                        or disapprove changes to the State plan 
                        within 90 days in accordance with 
                        paragraphs (4) through (6) without 
                        undertaking the peer-review process 
                        under paragraph (3).
                            (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.
                    (C) Renewal.--A State educational agency 
                shall submit a revised plan every 7 years 
                subject to the peer-review process under 
                paragraph (3).
                    (D) Limitation.--The Secretary shall not 
                have the authority to place any new conditions, 
                requirements, or criteria for approval of a 
                plan submitted for renewal under subparagraph 
                (C) that are not otherwise authorized under 
                this part.
            (9) Failure to meet requirements.--If a State fails 
        to meet any of the requirements of this section, then 
        the Secretary may withhold funds for State 
        administration under this part until the Secretary 
        determines that the State has fulfilled those 
        requirements.
    (b) Challenging State Academic Standards, Academic 
Assessments, and Accountability Systems.--
            (1) Challenging state academic standards.--
                    (A) In general.--Each State shall provide 
                an assurance that the State has adopted 
                challenging academic content standards and 
                aligned academic achievement standards 
                (referred to in this Act as `challenging State 
                academic standards'), which achievement 
                standards shall include not less than 3 levels 
                of achievement, that will be used by the State, 
                its local educational agencies, and its schools 
                to carry out this part. A State shall not be 
                required to submit such challenging State 
                academic standards to the Secretary.
                    (B) Same standards.--Except as provided in 
                subparagraph (E), the standards required by 
                subparagraph (A) shall be the same standards 
                that the State applies to all public schools 
                and public school students in the State.
                    (C) Subjects.--The State shall have such 
                standards in mathematics, reading or language 
                arts, and science, and any other subjects as 
                determined by the State, which shall include 
                the same knowledge, skills, and levels of 
                achievement expected of all public school 
                students in the State.
                    (D) Alignment.--Each State shall 
                demonstrate that the challenging State academic 
                standards are aligned with--
                            (i) entrance requirements, without 
                        the need for academic remediation, for 
                        the system of public higher education 
                        in the State;
                            (ii) relevant State career and 
                        technical education standards; and
                            (iii) relevant State early learning 
                        guidelines, as required under section 
                        658E(c)(2)(T) of the Child Care and 
                        Development Block Grant Act of 1990 (42 
                        U.S.C. 9858c(c)(2)(T)).
                    (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 curriculum, consistent 
                                with the purposes of the 
                                Individuals with Disabilities 
                                Education Act, as stated in 
                                section 601(d) of such Act;
                                    (III) reflect professional 
                                judgment of the highest 
                                achievement standards 
                                attainable by those students;
                                    (IV) are designated in the 
                                individualized education 
                                program developed under section 
                                614(d)(3) of the Individuals 
                                with Disabilities Education Act 
                                for each such student as the 
                                academic achievement standards 
                                that will be used for the 
                                student; and
                                    (V) are aligned to ensure 
                                that a student who meets the 
                                alternate academic achievement 
                                standards is on track for 
                                further education or 
                                employment.
                            (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 are aligned with the 
                challenging State academic standards under 
                subparagraph (A). Such standards shall--
                            (i) ensure proficiency in each of 
                        the domains of speaking, listening, 
                        reading, and writing;
                            (ii) address the different 
                        proficiency levels of children who are 
                        English learners; and
                            (iii) be aligned with the 
                        challenging State academic standards in 
                        reading or language arts, so that 
                        achieving proficiency in the State's 
                        English language proficiency standards 
                        indicates a sufficient knowledge of 
                        English to measure validly and reliably 
                        the student's achievement on the 
                        State's reading or language arts 
                        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 standard 
                adopted under this part before or after the 
                date of enactment of the Every Child Achieves 
                Act of 2015.
            (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 high-quality 
                statewide academic assessments that--
                            (i) includes, at a minimum, 
                        academic statewide assessments in 
                        mathematics, reading or language arts, 
                        and science; and
                            (ii) meets the requirements of 
                        subparagraph (B).
                    (B) Requirements.--The assessments under 
                subparagraph (A) shall--
                            (i) except as provided in 
                        subparagraph (D), be--
                                    (I) the same academic 
                                assessments used to measure the 
                                achievement of all public 
                                elementary school and secondary 
                                school students in the State; 
                                and
                                    (II) administered to all 
                                public elementary school and 
                                secondary school students in 
                                the State;
                            (ii) be aligned with the 
                        challenging State academic standards, 
                        and provide coherent and timely 
                        information about student attainment of 
                        such standards and whether the student 
                        is performing at the student's grade 
                        level;
                            (iii) be used for purposes for 
                        which such assessments are valid and 
                        reliable, consistent with relevant, 
                        nationally recognized professional and 
                        technical testing standards, and 
                        objectively measure academic 
                        achievement, knowledge, and skills;
                            (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 is made public, 
                        including on the website of the State 
                        educational agency;
                            (v)(I) measure the annual academic 
                        achievement of all students against the 
                        challenging State academic standards 
                        in, at a minimum, mathematics and 
                        reading or language arts, and be 
                        administered--
                                    (aa) in each of grades 3 
                                through 8; and
                                    (bb) at least once in 
                                grades 9 through 12; and
                            (II) measure the academic 
                        achievement of all students against the 
                        challenging State academic standards in 
                        science, and be administered not less 
                        than one time, during--
                                    (aa) grades 3 through 5;
                                    (bb) grades 6 through 9; 
                                and
                                    (cc) grades 10 through 12;
                            (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 for children 
                                with disabilities and students 
                                with a disability who are 
                                provided accommodations under 
                                another Act, necessary to 
                                measure the academic 
                                achievement of such children 
                                relative to the challenging 
                                State academic standards;
                                    (III) the inclusion of 
                                English learners, who shall be 
                                assessed in a valid and 
                                reliable manner and provided 
                                appropriate accommodations on 
                                assessments administered to 
                                such students under this 
                                paragraph, including, to the 
                                extent practicable, assessments 
                                in the language and form most 
                                likely to yield accurate data 
                                on what such students know and 
                                can do in academic content 
                                areas, until such students have 
                                achieved English language 
                                proficiency, as determined 
                                under paragraph (1)(F);
                            (viii) at the State's choosing--
                                    (I) be administered through 
                                a single summative assessment; 
                                or
                                    (II) be administered 
                                through multiple statewide 
                                assessments during the course 
                                of the year if the State can 
                                demonstrate that the results of 
                                these multiple assessments, 
                                taken in their totality, 
                                provide a summative score that 
                                provides valid and reliable 
                                information on individual 
                                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), that allow parents, 
                        teachers, principals, and other school 
                        leaders to understand and address the 
                        specific academic needs of students, 
                        and include information regarding 
                        achievement on academic assessments 
                        aligned with challenging State academic 
                        achievement standards, and that are 
                        provided to parents, teachers, 
                        principals, and other 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 the 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;
                            (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 to disaggregation.--
                Notwithstanding subparagraph (B)(xi), the 
                disaggregated results of assessments shall not 
                be required in the case of a local educational 
                agency or school if--
                            (i) the number of students in a 
                        category described under subparagraph 
                        (B)(xi) is insufficient to yield 
                        statistically reliable information; or
                            (ii) the results would reveal 
                        personally identifiable information 
                        about an individual student.
                    (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 content 
                        standards and alternate academic 
                        achievement standards described in 
                        paragraph (1)(E) for students with the 
                        most significant cognitive 
                        disabilities, if the State--
                                    (I) 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) establishes and 
                                monitors implementation of 
                                clear and appropriate 
                                guidelines for individualized 
                                education program teams (as 
                                defined in section 614(d)(1)(B) 
                                of the Individuals with 
                                Disabilities Education Act) to 
                                apply in determining, 
                                individually for each subject, 
                                when a child's significant 
                                cognitive disability justifies 
                                assessment based on alternate 
                                academic achievement standards;
                                    (III) ensures that, 
                                consistent with the 
                                requirements of the Individuals 
                                with Disabilities Education 
                                Act, parents are involved in 
                                the decision to use the 
                                alternate assessment for their 
                                child;
                                    (IV) ensures that, 
                                consistent with the 
                                requirements of the Individuals 
                                with Disabilities Education 
                                Act, students with the most 
                                significant cognitive 
                                disabilities are involved in 
                                and make progress in the 
                                general education curriculum;
                                    (V) describes in the State 
                                plan the appropriate 
                                accommodations provided to 
                                ensure access to the alternate 
                                assessment;
                                    (VI) describes in the State 
                                plan the steps the State has 
                                taken to incorporate universal 
                                design for learning, to the 
                                extent feasible, in alternate 
                                assessments;
                                    (VII) ensures that general 
                                and special education teachers 
                                and other appropriate staff 
                                know how to administer 
                                assessments, including making 
                                appropriate use of 
                                accommodations, to children 
                                with disabilities;
                                    (VIII) 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; 
                                and
                                    (IX) ensures that students 
                                who take alternate assessments 
                                based on alternate academic 
                                achievement standards are not 
                                precluded from attempting to 
                                complete the requirements for a 
                                regular high school diploma.
                            (ii) Students with the most 
                        significant cognitive disabilities.--In 
                        determining the achievement of students 
                        in the State accountability system, a 
                        State educational agency shall include, 
                        for all schools in the State, the 
                        performance of the State's students 
                        with the most significant cognitive 
                        disabilities on alternate assessments 
                        as described in this subparagraph in 
                        the subjects included in the State's 
                        accountability system, consistent with 
                        the 1 percent limitation of clause 
                        (i)(I).
                    (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.--Each State plan 
                shall identify the languages other than English 
                that are present to a significant extent in the 
                participating student population of the State 
                and indicate the languages for which annual 
                student academic assessments are not available 
                and are needed, and such State shall make every 
                effort to develop such assessments as 
                necessary.
                    (G) Assessments of english language 
                proficiency.--Each State plan shall demonstrate 
                that local educational agencies in the State 
                will provide for an annual assessment of 
                English proficiency, which is valid, reliable, 
                and consistent with relevant nationally 
                recognized professional and technical testing 
                standards measuring students' speaking, 
                listening, reading, and writing skills in 
                English, of all children who are English 
                learners in the schools served by the State 
                educational agency.
                    (H) 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 $378,000,000.
                    (I) Rule of construction regarding use of 
                assessments for student promotion or 
                graduation.--Nothing in this paragraph shall be 
                construed to prescribe or prohibit the use of 
                the academic assessments described in this part 
                for student promotion or graduation purposes.
                    (J) Rule of construction regarding 
                assessments.--
                            (i) In general.--Except as provided 
                        in clause (ii), nothing in this 
                        paragraph shall be construed to 
                        prohibit a State from developing and 
                        administering computer adaptive 
                        assessments as the assessments 
                        described in this paragraph, as long as 
                        the computer adaptive assessments--
                                    (I) meet the requirements 
                                of this paragraph; and
                                    (II) assess the student's 
                                academic achievement in order 
                                to measure, in the subject 
                                being assessed, whether the 
                                student is performing above or 
                                below the student's grade 
                                level.
                            (ii) Applicability to alternate 
                        assessments for students with the most 
                        significant cognitive disabilities.--In 
                        developing and administering computer 
                        adaptive assessments as the assessments 
                        allowed under subparagraph (D), a State 
                        shall ensure that such computer 
                        adaptive assessments--
                                    (I) 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
                                    (II) 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.
                    (K) Rule of construction on parent and 
                guardian rights.--Nothing in this part shall be 
                construed as preempting a State or local law 
                regarding the decision of a parent or guardian 
                to not have the parent or guardian's child 
                participate in the statewide academic 
                assessments under this paragraph.
            (3) State accountability system.--
                    (A) Category of students.--In this 
                paragraph, the term ``category of students'' 
                means--
                            (i) economically disadvantaged 
                        students;
                            (ii) students from major racial and 
                        ethnic groups;
                            (iii) children with disabilities; 
                        and
                            (iv) English learner students.
                    (B) Description of system.--Each State plan 
                shall describe a single, statewide State 
                accountability system that will be based on the 
                challenging State academic standards adopted by 
                the State to ensure that all students graduate 
                from high school prepared for postsecondary 
                education or the workforce without the need for 
                postsecondary remediation and at a minimum 
                complies with the following:
                            (i) Annually establishes State-
                        designed goals for all students and 
                        each of the categories of students in 
                        the State that take into account the 
                        progress necessary for all students and 
                        each of the categories of students to 
                        graduate from high school prepared for 
                        postsecondary education or the 
                        workforce without the need for 
                        postsecondary remediation, for, at a 
                        minimum each of the following:
                                    (I) Academic achievement, 
                                which may include student 
                                growth, on the State 
                                assessments under paragraph 
                                (2).
                                    (II) 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.
                            (ii) Annually measures and reports 
                        on the following indicators:
                                    (I) The academic 
                                achievement of all public 
                                school students in all public 
                                schools and local educational 
                                agencies in the State towards 
                                meeting the goals described in 
                                clause (i) and the challenging 
                                State academic standards for 
                                all students and for each of 
                                the categories of students 
                                using student performance on 
                                State assessments required 
                                under paragraph (2), which may 
                                include measures of student 
                                academic growth to such 
                                standards.
                                    (II) The academic success 
                                of all public school students 
                                in all public schools and local 
                                educational agencies in the 
                                State, that is with respect 
                                to--
                                            (aa) elementary 
                                        schools and secondary 
                                        schools that are not 
                                        high schools, an 
                                        academic indicator, as 
                                        determined by the 
                                        State, that is the same 
                                        statewide for all 
                                        public elementary 
                                        school students and all 
                                        students at such 
                                        secondary schools, and 
                                        each category of 
                                        students; and
                                            (bb) high schools, 
                                        the high school 
                                        graduation rates of all 
                                        public high school 
                                        students in all public 
                                        high schools in the 
                                        State toward meeting 
                                        the goals described in 
                                        clause (i), for all 
                                        students and for each 
                                        of the categories of 
                                        students, including the 
                                        4-year adjusted cohort 
                                        graduation rate and at 
                                        the State's discretion, 
                                        the extended-year 
                                        adjusted cohort 
                                        graduation rate.
                                    (III) English language 
                                proficiency of all English 
                                learners in all public schools 
                                and local educational agencies, 
                                which may include measures of 
                                student growth.
                                    (IV) Not less than one 
                                other valid and reliable 
                                indicator of school quality, 
                                success, or student supports, 
                                as determined appropriate by 
                                the State, that will be applied 
                                to all local educational 
                                agencies and schools 
                                consistently throughout the 
                                State for all students and for 
                                each of the categories of 
                                students, which may include 
                                measures of--
                                            (aa) student 
                                        readiness to enter 
                                        postsecondary education 
                                        or the workforce 
                                        without the need for 
                                        postsecondary 
                                        remediation;
                                            (bb) student 
                                        engagement, such as 
                                        attendance rates and 
                                        chronic absenteeism;
                                            (cc) educator 
                                        engagement, such as 
                                        educator satisfaction 
                                        (including working 
                                        conditions within the 
                                        school), teacher 
                                        quality and 
                                        effectiveness, and 
                                        teacher absenteeism;
                                            (dd) results from 
                                        student, parent, and 
                                        educator surveys;
                                            (ee) school climate 
                                        and safety, such as 
                                        incidents of school 
                                        violence, bullying, and 
                                        harassment, and 
                                        disciplinary rates, 
                                        including rates of 
                                        suspension, expulsion, 
                                        referrals to law 
                                        enforcement, school-
                                        based arrests, 
                                        disciplinary transfers 
                                        (including placements 
                                        in alternative 
                                        schools), and student 
                                        detentions;
                                            (ff) student access 
                                        to or success in 
                                        advanced coursework or 
                                        educational programs or 
                                        opportunities; and
                                            (gg) any other 
                                        State-determined 
                                        measure of school 
                                        quality or student 
                                        success.
                            (iii) Establishes a system of 
                        annually identifying and meaningfully 
                        differentiating among all public 
                        schools in the State, which shall--
                                    (I) be based on all 
                                indicators in the State's 
                                accountability system for all 
                                students and for each of the 
                                categories of students; and
                                    (II) use the indicators 
                                described in subclauses (I) and 
                                (II) of clause (ii) as 
                                substantial factors in the 
                                annual identification of 
                                schools, and the weight of such 
                                factors shall be determined by 
                                the State.
                            (iv) For public schools receiving 
                        assistance under this part, meets the 
                        requirements of section 1114.
                            (v) Provides a clear and 
                        understandable explanation of the 
                        method of identifying and meaningfully 
                        differentiating schools under clause 
                        (iii).
                            (vi) Measures the annual progress 
                        of not less than 95 percent of all 
                        students, and students in each of the 
                        categories of students, who are 
                        enrolled in the school and are required 
                        to take the assessments under paragraph 
                        (2) and provides a clear and 
                        understandable explanation of how the 
                        State will factor this requirement into 
                        the State-designed accountability 
                        system determinations.
            (4) Exception for english learners.--A State may 
        choose to--
                    (A) exclude 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);
                    (B) exclude 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 the assessments under paragraph (2), 
                except for the results on the English language 
                proficiency assessments required under 
                paragraph (2)(G), 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 this 
                subsection; and
                    (C) include the results on the assessments 
                under paragraph (2), except for results on the 
                English language proficiency assessments 
                required under paragraph (2)(G), of former 
                English learners for not more than 2 years 
                after the student is no longer identified as an 
                English learner within the English learner 
                category of the categories of students, as 
                defined in paragraph (3)(A), for the purposes 
                of the State-determined accountability system.
            (5) Accountability for charter schools.--The 
        accountability provisions under this title shall be 
        overseen for charter schools in accordance with State 
        charter school law.
            (6) Prohibition on federal interference with state 
        and local decisions.--Nothing in this subsection shall 
        be construed to permit the Secretary to establish any 
        criterion that specifies, defines, or prescribes--
                    (A) the standards or measures that States 
                or local educational agencies use to establish, 
                implement, or improve challenging State 
                academic standards, including the content of, 
                or achievement levels within, such standards;
                    (B) the specific types of academic 
                assessments or assessment items that States or 
                local educational agencies use to meet the 
                requirements of paragraph (2)(B) or otherwise 
                use to measure student academic achievement or 
                student growth;
                    (C) the specific goals that States 
                establish within State-designed accountability 
                systems for all students and for each of the 
                categories of students, as defined in paragraph 
                (3)(A), for student academic achievement or 
                high school graduation rates, as described in 
                subclauses (I) and (II) of paragraph (3)(B)(i);
                    (D) any requirement that States shall 
                measure student growth or the specific metrics 
                used to measure student academic growth if a 
                State chooses to measure student growth;
                    (E) the specific indicator under paragraph 
                (3)(B)(ii)(II)(aa), or any indicator under 
                paragraph (3)(B)(ii)(IV), that a State must use 
                within the State-designed accountability 
                system;
                    (F) setting specific benchmarks, targets, 
                or goals, for any other measures or indicators 
                established by a State under subclauses (III) 
                and (IV) of paragraph (3)(B)(ii), including 
                progress or growth on such measures or 
                indicators;
                    (G) the specific weight or specific 
                significance of any measures or indicators used 
                to measure, identify, or differentiate schools 
                in the State-determined accountability system, 
                as described in clauses (ii) and (iii) of 
                paragraph (3)(B);
                    (H) the terms `meaningfully' or 
                `substantially' as used in this part;
                    (I) the specific methods used by States and 
                local educational agencies to identify and 
                meaningfully differentiate among public 
                schools;
                    (J) any aspect or parameter of a teacher, 
                principal, or other school leader evaluation 
                system within a State or local educational 
                agency; or
                    (K) indicators or measures of teacher, 
                principal, or other school leader effectiveness 
                or quality.
    (c) Other Plan Provisions.--
            (1) Descriptions.--Each State plan shall describe--
                    (A) with respect to any accountability 
                provisions under this part that require 
                disaggregation of information by each of the 
                categories of students, as defined in 
                subsection (b)(3)(A)--
                            (i) the minimum number of students 
                        that the State determines are necessary 
                        to be included in each such category of 
                        students to carry out such requirements 
                        and how that number is statistically 
                        sound;
                            (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 setting the minimum 
                        number; and
                            (iii) how the State ensures that 
                        such minimum number does not reveal 
                        personally identifiable information 
                        about students;
                    (B) the State educational agency's system 
                to monitor and evaluate the intervention and 
                support strategies implemented by local 
                educational agencies in schools identified as 
                in need of intervention and support under 
                section 1114, including the lowest-performing 
                schools and schools identified for other 
                reasons, including schools with categories of 
                students, as defined in subsection (b)(3)(A), 
                not meeting the goals described in subsection 
                (b)(3)(B)(i), and the steps the State will take 
                to further assist local educational agencies, 
                if such strategies are not effective;
                    (C) in the case of a State that proposes to 
                use funds under this part to offer early 
                childhood education programs, how the State 
                provides assistance and support to local 
                educational agencies and individual elementary 
                schools that are creating, expanding, or 
                improving such programs;
                    (D) in the case of a State that proposes to 
                use funds under this part to support a multi-
                tiered system of supports, positive behavioral 
                interventions and supports, or early 
                intervening services, how the State educational 
                agency will assist local educational agencies 
                in the development, implementation, and 
                coordination of such activities and services 
                with similar activities and services carried 
                out under the Individuals with Disabilities 
                Education Act in schools served by the local 
                educational agency, including by providing 
                technical assistance, training, and evaluation 
                of the activities and services;
                    (E) how the State educational agency will 
                provide support to local educational agencies 
                for the education of homeless children and 
                youths, and how the State will comply with the 
                requirements of subtitle B of title VII of the 
                McKinney-Vento Homeless Assistance Act;
                    (F) 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, principals, or other school leaders, 
                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;
                    (G) how the State will make public the 
                methods or criteria the State or its local 
                educational agencies are using to measure 
                teacher, principal, and other school leader 
                effectiveness for the purpose of meeting the 
                requirements described in subparagraph (F), 
                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;
                    (H) how the State educational agency will 
                protect each student from physical or mental 
                abuse, aversive behavioral interventions that 
                compromise student health and safety, or any 
                physical restraint or seclusion imposed solely 
                for purposes of discipline or convenience, 
                which may include how such agency will identify 
                and support, including through professional 
                development, training, and technical 
                assistance, local educational agencies and 
                schools that have high levels of seclusion and 
                restraint or disproportionality in rates of 
                seclusion and restraint;
                    (I) how the State educational agency will 
                address school discipline issues, which may 
                include how such agency will identify and 
                support, including through professional 
                development, training, and technical 
                assistance, local educational agencies and 
                schools that have high levels of exclusionary 
                discipline or disproportionality in rates of 
                exclusionary discipline;
                    (J) how the State educational agency will 
                address school climate issues, which may 
                include providing technical assistance on 
                effective strategies to reduce the incidence of 
                school violence, bullying, harassment, drug and 
                alcohol use and abuse, and rates of chronic 
                absenteeism;
                    (K) how the State determines, with timely 
                and meaningful consultation with local 
                educational agencies representing the 
                geographic diversity of the State, the 
                timelines and annual goals for progress 
                necessary to move English learners from the 
                lowest levels of English proficiency to the 
                State-defined proficient level in a State-
                determined number of years, including an 
                assurance that such goals will be based on 
                students' initial language proficiency when 
                first identified as an English learner and may 
                take into account the amount of time that an 
                individual child has been enrolled in a 
                language program and grade level;
                    (L) 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 improve the educational 
                stability of children or youth in foster care, 
                including an assurance that--
                            (i) any such child or youth is 
                        immediately enrolled in a school, even 
                        if the child or youth is unable to 
                        produce records normally required for 
                        enrollment; and
                            (ii) the enrolling school shall 
                        immediately contact the school last 
                        attended by any such child or youth to 
                        obtain relevant academic and other 
                        records; and
                    (M) any other information on how the State 
                proposes to use funds under this part to meet 
                the purposes of this part, and that the State 
                determines appropriate to provide, which may 
                include how the State educational agency will--
                            (i) assist local educational 
                        agencies in identifying and serving 
                        gifted and talented students; and
                            (ii) encourage the offering of a 
                        variety of well-rounded education 
                        experiences to students.
            (2) Assurances.--Each State plan shall provide an 
        assurance that--
                    (A) 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;
                    (B) the State educational agency will 
                assist each local educational agency and school 
                affected by the State plan to meet the 
                requirements of this part;
                    (C) 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 if the Secretary pays the 
                costs of administering such assessments;
                    (D) 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;
                    (E) 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 1115;
                    (F) 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;
                    (G) 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 
                evidence-based strategies and programs to 
                improve teaching, learning, and schools;
                    (H) the State educational agency has 
                appropriate procedures and safeguards in place 
                to ensure the validity of the assessment 
                process;
                    (I) 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;
                    (J) the State educational agency will 
                coordinate activities funded under this part 
                with other Federal activities as appropriate;
                    (K) the State educational agency has 
                involved the committee of practitioners 
                established under section 1503(b) in developing 
                the plan and monitoring its implementation;
                    (L) 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; and
                    (M) the State educational agency will 
                assess the system for collecting data from 
                local educational agencies, and the technical 
                assistance provided to local educational 
                agencies on data collection, and will evaluate 
                the need to upgrade or change the system and to 
                provide additional support to help minimize the 
                burden on local educational agencies related to 
                reporting data required for the annual State 
                report card described in subsection (d)(1) and 
                annual local educational agency report cards 
                described in subsection (d)(2).
    (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 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, 
                                along with all local 
                                educational agency and school 
                                report cards required under 
                                paragraph (2), and 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 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 (b)(3), including the 
                        goals for all students and for each of 
                        the categories of students, as defined 
                        in subsection (b)(3)(A), the indicators 
                        used in the accountability system to 
                        evaluate school performance described 
                        in subsection (b)(3)(B), and the 
                        weights of the indicators used in the 
                        accountability system to evaluate 
                        school performance.
                            (ii) For all students and 
                        disaggregated by each category of 
                        students described in subsection 
                        (b)(2)(B)(xi), 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, 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 category of 
                        students described in subsection 
                        (b)(2)(B)(xi), the percentage of 
                        students assessed and not assessed.
                            (iv) For all students and 
                        disaggregated by each of the categories 
                        of students, as defined in subsection 
                        (b)(3)(A), 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 
                                (b)(3)(B)(ii)(II)(aa) 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.
                            (v) Information on indicators or 
                        measures of school quality, climate and 
                        safety, and discipline, including the 
                        rates of in-school suspensions, out-of-
                        school suspensions, expulsions, school-
                        based arrests, referrals to law 
                        enforcement, chronic absenteeism, and 
                        incidences of violence, including 
                        bullying and harassment, that the State 
                        educational agency and each local 
                        educational agency in the State 
                        reported to the Civil Rights Data 
                        Collection biennial survey required by 
                        the Office for Civil Rights of the 
                        Department that is the most recent to 
                        the date of the determination in the 
                        same manner that such information is 
                        presented on such survey.
                            (vi) The minimum number of students 
                        that the State determines are necessary 
                        to be included in each of the 
                        categories of students, as defined in 
                        subsection (b)(3)(A), for use in the 
                        accountability system under subsection 
                        (b)(3).
                            (vii) The professional 
                        qualifications of teachers, principals, 
                        and other school leaders in the State, 
                        including information (that shall be 
                        presented in the aggregate and 
                        disaggregated by high-poverty compared 
                        to low-poverty schools which, for the 
                        purpose of this clause, means schools 
                        in each quartile based on school 
                        poverty level, and high-minority and 
                        low-minority schools in the State) on 
                        the number, percentage, and 
                        distribution of--
                                    (I) inexperienced teachers, 
                                principals, and other school 
                                leaders;
                                    (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;
                                    (IV) teachers, principals, 
                                and other school leaders who 
                                are ineffective, as determined 
                                by the State, using the methods 
                                or criteria under subsection 
                                (c)(1)(G); and
                                    (V) the annual retention 
                                rates of effective and 
                                ineffective teachers, 
                                principals, and other school 
                                leaders, as determined by the 
                                State, using the methods or 
                                criteria under subsection 
                                (c)(1)(G).
                            (viii) Information on the 
                        performance of local educational 
                        agencies and schools in the State, 
                        including the number and names of each 
                        school identified for intervention and 
                        support under section 1114.
                            (ix) For a State that implements a 
                        teacher, principal, and other school 
                        leader evaluation system consistent 
                        with title II, 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.
                            (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.
                            (xii) Information on the 
                        acquisition of English language 
                        proficiency by students who are English 
                        learners.
                            (xiii) Information that the State 
                        educational agency and each local 
                        educational agency in the State 
                        reported to the Civil Rights Data 
                        Collection biennial survey required by 
                        the Office for Civil Rights of the 
                        Department that is the most recent to 
                        the date of the determination in the 
                        same manner that such information is 
                        presented on such survey that 
                        includes--
                                    (I) the number and 
                                percentage of--
                                            (aa) students 
                                        enrolled in gifted and 
                                        talented programs;
                                            (bb) students 
                                        enrolled in rigorous 
                                        coursework to earn 
                                        postsecondary credit 
                                        while still in high 
                                        school, such as 
                                        Advanced Placement and 
                                        International 
                                        Baccalaureate courses 
                                        and examinations, and 
                                        dual enrollment and 
                                        early college high 
                                        schools; and
                                            (cc) children 
                                        enrolled in preschool 
                                        programs;
                                    (II) the average class 
                                size, by grade; and
                                    (III) any other indicators 
                                determined by the State.
                            (xiv) 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.
                            (xv) Results on the National 
                        Assessment of Educational Progress in 
                        reading and mathematics in grades 4 and 
                        8 for the State, compared to the 
                        national average.
                            (xvi) Information on the percentage 
                        of students, including for each of the 
                        categories of students, as defined in 
                        subsection (b)(3)(A), who did not meet 
                        the annual State goals established 
                        under subsection (b)(3)(B).
                            (xvii) Information regarding the 
                        number of military-connected students 
                        (which, for purposes of this clause, 
                        shall mean students with parents who 
                        serve in the uniformed services, 
                        including the National Guard and 
                        Reserves), and information regarding 
                        the academic achievement of such 
                        students, except that such information 
                        shall not be used for school or local 
                        educational agency accountability 
                        purposes under sections 1111(b)(3) and 
                        1114.
                            (xviii) 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.
                    (D) Rule of construction.--
                            (i) In general.--Nothing in clause 
                        (v) or (xiii) of subparagraph (C) shall 
                        be construed as requiring a State to 
                        report any data that are not otherwise 
                        required or voluntarily submitted to 
                        the Civil Rights Data Collection 
                        biennial survey required by the Office 
                        for Civil Rights of the Department.
                            (ii) Continuation of submission to 
                        department of information.--If, at any 
                        time after the date of enactment of the 
                        Every Child Achieves Act of 2015, the 
                        Civil Rights Data Collection biennial 
                        survey is no longer conducted by the 
                        Office for Civil Rights of the 
                        Department, a State educational agency 
                        shall still include the information 
                        under clauses (v) and (xiii) of 
                        subparagraph (C) in the State report 
                        card under this paragraph in the same 
                        manner that such information is 
                        presented on such survey.
            (2) Annual local educational agency report cards.--
                    (A) In general.--
                            (i) 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--
                                    (I) information on such 
                                agency as a whole; and
                                    (II) for each school served 
                                by the agency, a school report 
                                card that meets the 
                                requirements of this paragraph.
                            (ii) No personally identifiable 
                        information.--No local educational 
                        agency report card required under this 
                        paragraph shall include any personally 
                        identifiable information about any 
                        student.
                            (iii) Consistent with ferpa.--Each 
                        local educational agency report card 
                        shall be consistent with the privacy 
                        protections 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').
                    (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 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.
                    (C) Minimum requirements.--Each local 
                educational agency report card required under 
                this paragraph shall include--
                            (i) 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; and
                                    (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;
                            (ii) any information required by 
                        the State under paragraph 
                        (1)(C)(xviii); 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) Public dissemination.--
                            (i) In general.--Except as provided 
                        in clause (ii), a local educational 
                        agency shall--
                                    (I) publicly disseminate 
                                the information described in 
                                this paragraph to all schools 
                                in the school district served 
                                by the local educational agency 
                                and to all parents of students 
                                attending such schools; and
                                    (II) make the information 
                                widely available through public 
                                means, including through 
                                electronic means, including 
                                posting in an easily accessible 
                                manner on the local educational 
                                agency's website, except in the 
                                case in which an agency does 
                                not operate a website, such 
                                agency shall determine how to 
                                make the information available, 
                                such as through distribution to 
                                the media, and distribution 
                                through public agencies.
                            (ii) Exception.--If a local 
                        educational agency issues a report card 
                        for all students, the local educational 
                        agency may include the information 
                        described in this paragraph as part of 
                        such report.
            (3) Preexisting report cards.--A State educational 
        agency or local educational agency that was providing 
        public report cards on the performance of students, 
        schools, local educational agencies, or the State prior 
        to the date of enactment of the Every Child Achieves 
        Act of 2015, may use such report cards for the purpose 
        of disseminating information under this subsection if 
        the report card is modified, as may be needed, to 
        contain the information required by this subsection.
            (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 student achievement on 
                the academic assessments described in 
                subsection (b)(2) for all students and 
                disaggregated by each of the categories of 
                students, as defined in subsection (b)(3)(A), 
                including--
                            (i) the percentage of students who 
                        achieved at each level of achievement 
                        the State has set in subsection (b)(1);
                            (ii) the percentage of students who 
                        did not meet the annual State goals set 
                        in subsection (b)(3)(B); and
                            (iii) if applicable, the percentage 
                        of students making at least one year of 
                        academic growth over the school year, 
                        as determined by the State;
                    (B) the percentage of students assessed and 
                not assessed on the academic assessments 
                described in subsection (b)(2) for all students 
                and disaggregated by each category of students 
                described in subsection (b)(2)(B)(xi);
                    (C) for all students and disaggregated by 
                each of the categories of students, as defined 
                in subsection (b)(3)(A)--
                            (i) information on the performance 
                        on the other academic indicator under 
                        subsection (b)(3)(B)(ii)(II)(aa) used 
                        by the State in the State 
                        accountability system;
                            (ii) high school graduation rates, 
                        including 4-year adjusted cohort 
                        graduation rates and, at the State's 
                        discretion, extended-year adjusted 
                        cohort graduation rates; and
                            (iii) information on each State-
                        determined indicator of school quality, 
                        success, or student support under 
                        subsection (b)(3)(B)(ii)(IV) selected 
                        by the State in the State 
                        accountability system;
                    (D) information on the acquisition of 
                English language proficiency by students who 
                are English learners;
                    (E) the per-pupil expenditures of Federal, 
                State, and local funds, including actual staff 
                personnel expenditures and actual nonpersonnel 
                expenditures, disaggregated by source of funds 
                for each school served by the agency for the 
                preceding fiscal year;
                    (F) the number and percentage of students 
                with the most significant cognitive 
                disabilities that take an alternate assessment 
                under subsection (b)(2)(D), by grade and 
                subject;
                    (G) the number and names of the schools 
                identified as in need of intervention and 
                support under section 1114, and the school 
                intervention and support strategies developed 
                and implemented by the local educational agency 
                under section 1114(b) to address the needs of 
                students in each school;
                    (H) the number of students and schools that 
                participated in public school choice under 
                section 1114(b)(4);
                    (I) information on the quality and 
                effectiveness of teachers for each quartile of 
                schools based on the school's poverty level and 
                high-minority and low-minority schools in the 
                local educational agencies in the State, 
                including the number, percentage, and 
                distribution of--
                            (i) inexperienced teachers;
                            (ii) teachers who are not teaching 
                        in the subject or field for which the 
                        teacher is certified or licensed; and
                            (iii) teachers who are not 
                        effective, as determined by the State 
                        if the State has a statewide teacher, 
                        principal, or other school leader 
                        evaluation system; and
                    (J) if the State has a statewide teacher, 
                principal, or other school leader evaluation 
                system, information on the results of such 
                teacher, principal, or other school leader 
                evaluation systems that does not reveal 
                personally identifiable information.
            (6) Presentation of data.--
                    (A) In general.--A State educational agency 
                or local educational agency shall only include 
                in its annual report card described under 
                paragraphs (1) and (2) data that are sufficient 
                to yield statistically reliable information, 
                and that do not reveal personally identifiable 
                information about an individual student, 
                teacher, principal, or other school leader.
                    (B) Student privacy.--In carrying out this 
                subsection, student education records shall not 
                be released without written consent 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').
            (7) Report to congress.--The Secretary shall 
        transmit annually 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 report that provides national and 
        State level data on the information collected under 
        paragraph (5). Such report shall be submitted through 
        electronic means only.
            (8) Secretary's report card.--
                    (A) In general.--Not later than July 1, 
                2017, and annually thereafter, the Secretary, 
                acting through the Director of the Institute of 
                Education Sciences, shall transmit 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 national report card on the 
                status of elementary and secondary education in 
                the United States. Such report shall--
                            (i) analyze existing data from 
                        State reports required under this Act, 
                        the Individuals with Disabilities 
                        Education Act, and the Carl D. Perkins 
                        Career and Technical Education Act of 
                        2006, and summarize major findings from 
                        such reports;
                            (ii) analyze data from the National 
                        Assessment of Educational Progress and 
                        comparable international assessments;
                            (iii) identify trends in student 
                        achievement and high school graduation 
                        rates (including 4-year adjusted cohort 
                        graduation rates and extended-year 
                        adjusted cohort graduation rates), by 
                        analyzing and reporting on the status 
                        and performance of students, 
                        disaggregated by achievement level and 
                        by each of the categories of students, 
                        as defined in subsection (b)(3)(A);
                            (iv) analyze data on Federal, 
                        State, and local expenditures on 
                        education, including per-pupil 
                        spending, teacher salaries, school 
                        level spending, and other financial 
                        data publicly available, and report on 
                        current trends and major findings; and
                            (v) analyze information on the 
                        teaching, principal, and other school 
                        leader professions, including education 
                        and training, retention and mobility, 
                        and effectiveness in improving student 
                        achievement.
                    (B) Special rule.--The information used to 
                prepare the report described in subparagraph 
                (A) shall be derived from existing State and 
                local reporting requirements and data sources. 
                Nothing in this paragraph shall be construed as 
                authorizing, requiring, or allowing any 
                additional reporting requirements, data 
                elements, or information to be reported to the 
                Secretary not otherwise explicitly authorized 
                by any other Federal law.
                    (C) Public recognition.--The Secretary may 
                identify and publicly recognize States, local 
                educational agencies, schools, programs, and 
                individuals for exemplary performance.
    (e) Voluntary Partnerships.--
            (1) In general.--Nothing in this section shall be 
        construed to prohibit a State from entering into a 
        voluntary partnership with another State to develop and 
        implement the academic assessments, challenging State 
        academic standards, and accountability systems required 
        under this section.
            (2) Prohibition.--The Secretary shall be prohibited 
        from requiring or coercing a State to enter into a 
        voluntary partnership described in paragraph (1), 
        including--
                    (A) as a condition of approval of a State 
                plan under this section;
                    (B) as a condition of an award of Federal 
                funds under any grant, contract, or cooperative 
                agreement;
                    (C) as a condition of approval of a waiver 
                under section 9401; or
                    (D) by providing any priority, preference, 
                or special consideration during the application 
                process under any grant, contract, or 
                cooperative agreement.
    (f) 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 of the Department 
of the Interior that receives funds under this part, the 
following shall apply:
            (1) Each such school that is accredited by the 
        State in which it is operating shall use the 
        assessments the State has developed and implemented to 
        meet the requirements of this section, or such other 
        appropriate assessment as approved by the Secretary of 
        the Interior.
            (2) Each such school that is accredited by a 
        regional accrediting organization shall adopt an 
        appropriate assessment in consultation with, and with 
        the approval of, the Secretary of the Interior and 
        consistent with assessments adopted by other schools in 
        the same State or region, that meets 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 developed by such agency or 
        division, except that the Secretary of the Interior 
        shall ensure that such assessment meets the 
        requirements of this section.

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, specialized instructional 
                support personnel, paraprofessionals (including 
                organizations representing such individuals), 
                administrators (including administrators of 
                programs described in other parts of this 
                title), and other appropriate school personnel, 
                and with parents of children in schools served 
                under this part;
                    (B) satisfies the requirements of this 
                section; and
                    (C) 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 Child Care and Development 
                Block Grant Act of 1990, the Education Sciences 
                Reform Act of 2002, the Education Technical 
                Assistance Act, the NAEP Authorization Act, the 
                McKinney-Vento Homeless Assistance Act, and the 
                Adult Education and Family Literacy Act.
            (2) Consolidated application.--The plan may be 
        submitted as part of a consolidated application under 
        section 9305.
            (3) State review and 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 meets 
                the requirements of this part and enables 
                children served under this part to meet the 
                challenging State academic standards described 
                in section 1111(b)(1).
            (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 Child Achieves 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 
        to reflect changes in the local educational agency's 
        strategies and programs under this part.
            (6) Renewal.--A local educational agency that 
        desires to continue participating in a program under 
        this part shall submit a renewed plan on a periodic 
        basis, as determined by the State.
    (b) Plan Provisions.--To ensure that all children receive a 
high-quality education that prepares them for postsecondary 
education or the workforce without the need for postsecondary 
remediation, 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 work with 
        each of the schools served by the agency so that 
        students meet the challenging State academic standards 
        by--
                    (A) developing and implementing a 
                comprehensive program of instruction to meet 
                the academic needs of all students;
                    (B) identifying quickly and effectively 
                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;
                    (D) identifying significant gaps in student 
                academic achievement and graduation rates 
                between each of the categories of students, as 
                defined in section 1111(b)(3)(A), and 
                developing strategies to reduce such gaps in 
                achievement and graduation rates; and
                    (E) identifying and implementing evidence-
                based methods and instructional strategies 
                intended to strengthen the academic program of 
                the school and improve school climate;
            (2) how the local educational agency will monitor 
        and evaluate the effectiveness of school programs in 
        improving student academic achievement and academic 
        growth, if applicable, especially for students not 
        meeting the challenging State academic standards;
            (3) how the local educational agency will--
                    (A) 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; and
                    (B) identify and address, as required under 
                State plans as described in section 
                1111(c)(1)(F), 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;
            (4) the actions the local educational agency will 
        take to assist schools identified as in need of 
        intervention and support under section 1114, including 
        the lowest-performing schools in the local educational 
        agency, and schools identified for other reasons, 
        including schools with categories of students, as 
        defined in section 1111(b)(3)(A), not meeting the goals 
        described in section 1111(b)(3)(B), to improve student 
        academic achievement, the funds used to conduct such 
        actions, and how such agency will monitor such actions;
            (5) the poverty criteria that will be used to 
        select school attendance areas under section 1113;
            (6) the programs to be conducted by such agency's 
        schools under section 1113, 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;
            (7) the services the local educational agency will 
        provide homeless children, including services provided 
        with funds reserved under section 1113(a)(4)(A)(i);
            (8) the strategy the local educational agency will 
        use to implement effective parent and family engagement 
        under section 1115;
            (9) if applicable, how the local educational agency 
        will coordinate and integrate services provided under 
        this part with preschool educational services at the 
        local educational agency or individual school level, 
        such as Head Start programs, the literacy program under 
        part D of title II, State-funded preschool programs, 
        and other community-based early childhood education 
        programs, including plans for the transition of 
        participants in such programs to local elementary 
        school programs;
            (10) how the local educational agency will 
        coordinate programs and integrate services under this 
        part with other Federal, State, tribal, and local 
        services and programs, including programs supported 
        under this Act, the Carl D. Perkins Career and 
        Technical Education Act of 2006, the Individuals with 
        Disabilities Education Act, the Rehabilitation Act of 
        1973, the Head Start Act, the Child Care and 
        Development Block Grant Act of 1990, the Workforce 
        Innovation and Opportunity Act, the McKinney-Vento 
        Homeless Assistance Act, and the Education Sciences 
        Reform Act of 2002, violence prevention programs, 
        nutrition programs, and housing programs;
            (11) 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 1113, will 
        identify the eligible children most in need of services 
        under this part;
            (12) in the case of a local educational agency that 
        proposes to use funds under this part to support a 
        multi-tiered system of supports, positive behavioral 
        interventions and supports, or early intervening 
        services, how the local educational agency will provide 
        such activities and services and coordinate them with 
        similar activities and services carried out under the 
        Individuals with Disabilities Education Act in schools 
        served by the local educational agency, including by 
        providing technical assistance, training, and 
        evaluation of the activities and services;
            (13) how the local educational agency will provide 
        opportunities for the enrollment, attendance, and 
        success of homeless children and youths consistent with 
        the requirements of the McKinney-Vento Homeless 
        Assistance Act and the services the local educational 
        agency will provide homeless children and youths;
            (14) how the local educational agency will 
        implement strategies to facilitate effective 
        transitions for students from middle school to high 
        school and from high school to postsecondary education;
            (15) how the local educational agency will address 
        school discipline issues, which may include identifying 
        and supporting schools with significant discipline 
        disparities, or high rates of discipline, disaggregated 
        by each of the categories of students, as defined in 
        section 1111(b)(3)(A), including by providing technical 
        assistance on effective strategies to reduce such 
        disparities and high rates;
            (16) how the local educational agency will address 
        school climate issues, which may include identifying 
        and improving performance on school climate indicators 
        related to student achievement and providing technical 
        assistance to schools; and
            (17) 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) encourage the offering of a variety of 
                well-rounded education experiences to students.
    (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 1116, 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; and
            (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.
    (d) Parents Right-to-know.--
            (1) Teacher qualifications.--
                    (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 teacher has met 
                        State qualification and licensing 
                        criteria for the grade levels and 
                        subject areas in which the teacher 
                        provides instruction.
                            (ii) Whether the teacher is 
                        teaching under emergency or other 
                        provisional status through which State 
                        qualification or licensing criteria 
                        have been waived.
                            (iii) The field of discipline of 
                        the certification of the teacher.
                            (iv) 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) 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 a parent or parents of 
                a child who is 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 children who are 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--
                                    (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 and title III shall implement an effective 
                means of outreach to parents of children who 
                are English learners to inform the parents 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 and 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.

SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS; SCHOOLWIDE PROGRAMS; 
                    TARGETED ASSISTANCE PROGRAMS.

    (a) Eligible School Attendance Areas.--
            (1) Determination.--
                    (A) In general.--A local educational agency 
                shall use funds received under this part only 
                in eligible school attendance areas.
                    (B) Eligible school attendance areas.--In 
                this part--
                            (i) the term ``school attendance 
                        area'' means, in relation to a 
                        particular school, the geographical 
                        area in which the children who are 
                        normally served by that school reside; 
                        and
                            (ii) the term ``eligible school 
                        attendance area'' means a school 
                        attendance area in which the percentage 
                        of children from low-income families is 
                        at least as high as the percentage of 
                        children from low-income families 
                        served by the local educational agency 
                        as a whole.
                    (C) Ranking order.--
                            (i) In general.--Except as provided 
                        in clause (ii), if funds allocated in 
                        accordance with paragraph (3) 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, or exceeds 50 percent 
                                in the case of the high schools 
                                served by such agency, 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.
                            (ii) Rule of construction.--Nothing 
                        in this subparagraph shall be construed 
                        as requiring a local educational agency 
                        to reduce, in order to comply with 
                        clause (i), the amount of funding 
                        provided under this part to elementary 
                        schools and middle schools from the 
                        amount of funding provided under this 
                        part to such schools for the fiscal 
                        year preceding the date of enactment of 
                        the Every Child Achieves Act of 2015 in 
                        order to provide funding under this 
                        part to high schools pursuant to clause 
                        (i).
                    (D) Remaining funds.--If funds remain after 
                serving all eligible school attendance areas 
                under subparagraph (C), a local educational 
                agency shall--
                            (i) annually rank such agency's 
                        remaining eligible school attendance 
                        areas from highest to lowest either by 
                        grade span or for the entire local 
                        educational agency according to the 
                        percentage of children from low-income 
                        families; and
                            (ii) serve such eligible school 
                        attendance areas in rank order either 
                        within each grade-span grouping or 
                        within the local educational agency as 
                        a whole.
                    (E) Measures.--
                            (i) In general.--Except as provided 
                        in clause (ii), 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, 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 established under 
                        title XIX of the Social Security Act, 
                        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 paragraph 
                                (3).
                            (ii) 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 calculation 
                                described under clause (i); or
                                    (II) 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 
                                clause (i) that feed into the 
                                secondary school to the number 
                                of students enrolled in such 
                                school.
                    (F) Exception.--This subsection shall not 
                apply to a local educational agency with a 
                total enrollment of less than 1,000 children.
                    (G) Waiver for desegregation plans.--The 
                Secretary may approve a local educational 
                agency's written request for a waiver of the 
                requirements of this paragraph and paragraph 
                (3) and permit such agency to treat as 
                eligible, and serve, any school that children 
                attend with a State-ordered, court-ordered 
                school desegregation plan or a plan that 
                continues to be implemented in accordance with 
                a State-ordered or court-ordered desegregation 
                plan, if--
                            (i) the number of economically 
                        disadvantaged children enrolled in the 
                        school is at least 25 percent of the 
                        school's total enrollment; and
                            (ii) the Secretary determines on 
                        the basis of a written request from 
                        such agency and in accordance with such 
                        criteria as the Secretary establishes, 
                        that approval of that request would 
                        further the purposes of this part.
            (2) Local educational agency discretion.--
                    (A) In general.--Notwithstanding paragraph 
                (1)(B), a local educational agency may--
                            (i) designate as eligible any 
                        school attendance area or school in 
                        which at least 35 percent of the 
                        children are from low-income families;
                            (ii) use funds received under this 
                        part in a school that is not in an 
                        eligible school attendance area, if the 
                        percentage of children from low-income 
                        families enrolled in the school is 
                        equal to or greater than the percentage 
                        of such children in a participating 
                        school attendance area of such agency;
                            (iii) designate and serve a school 
                        attendance area or school that is not 
                        eligible under this section, but that 
                        was eligible and that was served in the 
                        preceding fiscal year, but only for 1 
                        additional fiscal year; and
                            (iv) elect not to serve an eligible 
                        school attendance area or eligible 
                        school that has a higher percentage of 
                        children from low-income families if--
                                    (I) the school meets the 
                                comparability requirements of 
                                section 1117(c);
                                    (II) the school is 
                                receiving supplemental funds 
                                from other State or local 
                                sources that are spent 
                                according to the requirements 
                                of this section; and
                                    (III) the funds expended 
                                from such other sources equal 
                                or exceed the amount that would 
                                be provided under this part.
                    (B) Special rule.--Notwithstanding 
                subparagraph (A)(iv), the number of children 
                attending private elementary schools and 
                secondary schools who are to receive services, 
                and the assistance such children are to receive 
                under this part, shall be determined without 
                regard to whether the public school attendance 
                area in which such children reside is assisted 
                under subparagraph (A).
            (3) Allocations.--
                    (A) In general.--A local educational agency 
                shall allocate funds received under this part 
                to eligible school attendance areas or eligible 
                schools, identified under paragraphs (1) and 
                (2) in rank order, on the basis of the total 
                number of children from low-income families in 
                each area or school.
                    (B) Special rule.--
                            (i) In general.--Except as provided 
                        in clause (ii), the per-pupil amount of 
                        funds allocated to each school 
                        attendance area or school under 
                        subparagraph (A) shall be at least 125 
                        percent of the per-pupil amount of 
                        funds a local educational agency 
                        received for that year under the 
                        poverty criteria described by the local 
                        educational agency in the plan 
                        submitted under section 1112, except 
                        that this clause shall not apply to a 
                        local educational agency that only 
                        serves schools in which the percentage 
                        of such children is 35 percent or 
                        greater.
                            (ii) Exception.--A local 
                        educational agency may reduce the 
                        amount of funds allocated under clause 
                        (i) for a school attendance area or 
                        school by the amount of any 
                        supplemental State and local funds 
                        expended in that school attendance area 
                        or school for programs that meet the 
                        requirements of this section.
            (4) Reservation of funds.--
                    (A) In general.--A local educational agency 
                shall reserve such funds as are necessary under 
                this part to provide services comparable to 
                those provided to children in schools funded 
                under this part to serve--
                            (i) homeless children, 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) Homeless children and youth.--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, 
                        as conducted under section 723(b)(1) of 
                        the McKinney-Vento Homeless Assistance 
                        Act; 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; 
                                and
                                    (II) transportation 
                                pursuant to section 
                                722(g)(1)(J)(iii) of such Act.
            (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.
    (b) Schoolwide Programs and Targeted Assistance Schools.--
            (1) In general.--For each school that will receive 
        funds under this part, the local educational agency 
        shall determine whether the school shall operate a 
        schoolwide program consistent with subsection (c) or a 
        targeted assistance school program consistent with 
        subsection (d).
            (2) Needs assessment.--The determination under 
        paragraph (1) shall be--
                    (A) 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 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
                    (B) conducted with the participation of 
                individuals who would carry out the schoolwide 
                plan, including those individuals under 
                subsection (c)(2)(B).
            (3) Coordination.--The needs assessment under 
        paragraph (2) may be undertaken as part of other 
        related needs assessments under this Act.
    (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--
                            (i) the local educational agency in 
                        which the school is located allows such 
                        school to do so; and
                            (ii) the results of the 
                        comprehensive needs assessment 
                        conducted under subsection (b)(2) 
                        determine 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) Schoolwide program plan.--An eligible school 
        operating a schoolwide program shall develop a 
        comprehensive plan, in consultation with the local 
        educational agency, 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 
                        Child Achieves Act of 2015, 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 appropriate, 
                specialized instructional support personnel, 
                technical assistance providers, school staff, 
                and students;
                    (C) remains in effect for the duration of 
                the school's participation under this part, 
                except that the plan and the implementation of, 
                and results achieved by, the schoolwide program 
                shall be regularly monitored and revised as 
                necessary to ensure students are meeting 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, 
                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 as in need of intervention and 
                support under section 1114; and
                    (F) includes a description of--
                            (i) the results of the 
                        comprehensive needs assessments of the 
                        entire school required under subsection 
                        (b)(2);
                            (ii) 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 categories of 
                                students, as defined in section 
                                1111(b)(3)(A), to meet the 
                                challenging State academic 
                                standards under section 
                                1111(b)(1);
                                    (II) use evidence-based 
                                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;
                                    (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, which may include--
                                            (aa) counseling, 
                                        specialized 
                                        instructional support 
                                        services, and mentoring 
                                        services;
                                            (bb) preparation 
                                        for and awareness of 
                                        opportunities for 
                                        postsecondary education 
                                        and the workforce, 
                                        including career and 
                                        technical education 
                                        programs;
                                            (cc) implementation 
                                        of a schoolwide multi-
                                        tiered system of 
                                        supports, including 
                                        positive behavioral 
                                        interventions and 
                                        supports and early 
                                        intervening services, 
                                        including through 
                                        coordination with such 
                                        activities and services 
                                        carried out under the 
                                        Individuals with 
                                        Disabilities Education 
                                        Act;
                                            (dd) implementation 
                                        of supports for 
                                        teachers and other 
                                        school personnel, which 
                                        may include 
                                        professional 
                                        development and other 
                                        activities to improve 
                                        instruction, activities 
                                        to recruit and retain 
                                        effective teachers, 
                                        particularly in high-
                                        need schools, and using 
                                        data from academic 
                                        assessments under 
                                        section 1111(b)(2) and 
                                        other formative and 
                                        summative assessments 
                                        to improve instruction;
                                            (ee) programs, 
                                        activities, and courses 
                                        in the core academic 
                                        subjects to assist 
                                        children in meeting the 
                                        challenging State 
                                        academic standards; and
                                            (ff) other 
                                        strategies to improve 
                                        student's academic and 
                                        nonacademic skills 
                                        essential for success; 
                                        and
                                    (IV) be monitored and 
                                improved over time based on 
                                student needs, including 
                                increased supports for those 
                                students who are lowest-
                                achieving;
                            (iii) if programs are consolidated, 
                        a list of State educational agency and 
                        local educational agency programs and 
                        other Federal programs that will be 
                        consolidated in the schoolwide program; 
                        and
                            (iv) if appropriate, how funds will 
                        be used to establish or enhance early 
                        childhood education programs for 
                        children who are aged 5 or younger, 
                        including how programs will help 
                        transition such children to local 
                        elementary school programs.
            (3) 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 1117, a school participating in a 
                schoolwide program shall use funds available to 
                carry out this paragraph 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 children who are English learners.
            (4) Exemption from statutory and regulatory 
        requirements.--
                    (A) Exemption.--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, except as provided in section 
                613(a)(2)(D) of such Act), or any discretionary 
                grant program administered by the Secretary, to 
                support schoolwide programs if the intent and 
                purposes of such other programs are met.
                    (B) Requirements.--A school that chooses to 
                use funds from such other programs shall not be 
                relieved of the requirements relating to 
                health, safety, civil rights, student and 
                parental participation and involvement, 
                services to private school children, 
                comparability of services, maintenance of 
                effort, uses of Federal funds to supplement, 
                not supplant non-Federal funds (in accordance 
                with the method of determination described in 
                section 1117), 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 paragraph 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.
            (5) Preschool programs.--A school that operates a 
        schoolwide program under this subsection may use funds 
        made available under this part to establish, expand, or 
        enhance preschool programs for children aged 5 or 
        younger.
    (d) Targeted Assistance School Programs.--
            (1) In general.--Each school selected to receive 
        funds under subsection (a)(3) for which the local 
        educational agency serving such school, based on the 
        results of the comprehensive needs assessment conducted 
        under subsection (b)(2), determines the school shall 
        operate a targeted assistance school program, may use 
        funds received under this part only for programs that 
        provide services to eligible children under paragraph 
        (3) who are identified as having the greatest need for 
        special assistance.
            (2) Targeted assistance school program.--Each 
        school operating a targeted assistance school program 
        shall develop a plan, in consultation with the local 
        educational agency and other individuals as determined 
        by the school, that includes--
                    (A) a description of the results of the 
                comprehensive needs assessments of the entire 
                school required under subsection (b)(2);
                    (B) a description of the process for 
                determining which students will be served and 
                the students to be served;
                    (C) a description of how the activities 
                supported under this part will be coordinated 
                with and incorporated into the regular 
                education program of the school;
                    (D) a description of how the program will 
                serve participating students identified under 
                subparagraph (B), including by--
                            (i) using resources under this 
                        part, such as support for programs, 
                        activities, and courses in core 
                        academic subjects to help participating 
                        children meet the challenging State 
                        academic standards;
                            (ii) using methods and 
                        instructional strategies that are 
                        evidence-based to strengthen the core 
                        academic program of the school and that 
                        may include--
                                    (I) expanded learning time, 
                                before- and after-school 
                                programs, and summer programs 
                                and opportunities; or
                                    (II) a multi-tiered system 
                                of supports, positive 
                                behavioral interventions and 
                                supports, and early intervening 
                                services;
                            (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 D of 
                        title II, or State-run preschool 
                        programs to elementary school programs;
                            (iv) supporting effective teachers, 
                        principals, other school leaders, 
                        paraprofessionals, and, if appropriate, 
                        specialized instructional support 
                        personnel, and other school personnel 
                        who work with participating children in 
                        programs under this subsection or in 
                        the regular education program with 
                        resources provided under this part, 
                        and, to the extent practicable, from 
                        other sources, through professional 
                        development;
                            (v) implementing strategies to 
                        increase parental involvement of 
                        parents of participating children in 
                        accordance with section 1115; and
                            (vi) if applicable, coordinating 
                        and integrating Federal, State, and 
                        local services and programs, such as 
                        programs supported under this Act, 
                        violence prevention programs, nutrition 
                        programs, housing programs, Head Start 
                        programs, adult education programs, 
                        career and technical education, and 
                        intervention and supports in schools 
                        identified as in need of intervention 
                        and support under section 1114; and
                    (E) 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 plan under this section, 
                        if necessary, to provide additional 
                        assistance to enable such children to 
                        meet the challenging State academic 
                        standards.
            (3) Eligible children.--
                    (A) Eligible population.--
                            (i) In general.--The eligible 
                        population for services under this 
                        subsection shall be--
                                    (I) children not older than 
                                age 21 who are entitled to a 
                                free public education through 
                                grade 12; and
                                    (II) children who are not 
                                yet at a grade level at which 
                                the local educational agency 
                                provides a free public 
                                education.
                            (ii) Eligible children from 
                        eligible population.--From the 
                        population described in clause (i), 
                        eligible children are children 
                        identified by the school as failing, or 
                        most at risk of failing, to meet the 
                        challenging State academic standards on 
                        the basis of multiple, educationally 
                        related, objective criteria established 
                        by the local educational agency and 
                        supplemented by the school, except that 
                        children from preschool through grade 2 
                        shall be selected solely on the basis 
                        of criteria, including objective 
                        criteria, established by the local 
                        educational agency and supplemented by 
                        the school.
                    (B) Children included.--
                            (i) In general.--Children who are 
                        economically disadvantaged, children 
                        with disabilities, migrant children, or 
                        children who are English learners, are 
                        eligible for services under this 
                        subsection on the same basis as other 
                        children selected to receive services 
                        under this subsection.
                            (ii) Head start and preschool 
                        children.--A child who, at any time in 
                        the 2 years preceding the year for 
                        which the determination is made, 
                        participated in a Head Start program, 
                        the literacy program under part D of 
                        title II, or in preschool services 
                        under this title, is eligible for 
                        services under this subsection.
                            (iii) Migrant children.--A child 
                        who, at any time in the 2 years 
                        preceding the year for which the 
                        determination is made, received 
                        services under part C is eligible for 
                        services under this subsection.
                            (iv) Neglected or delinquent 
                        children.--A child in a local 
                        institution for neglected or delinquent 
                        children and youth or attending a 
                        community day program for such children 
                        is eligible for services under this 
                        subsection.
                            (v) Homeless children.--A child who 
                        is homeless and attending any school 
                        served by the local educational agency 
                        is eligible for services under this 
                        subsection.
                    (C) Special rule.--Funds received under 
                this subsection may not be used to provide 
                services that are otherwise required by law to 
                be made available to children described in 
                subparagraph (B) but may be used to coordinate 
                or supplement such services.
            (4) Integration of professional development.--To 
        promote the integration of staff supported with funds 
        under this subsection into the regular school program 
        and overall school planning and improvement efforts, 
        public school personnel who are paid with funds 
        received under this subsection may--
                    (A) participate in general professional 
                development and school planning activities; and
                    (B) assume limited duties that are assigned 
                to similar personnel who are not so paid, 
                including duties beyond classroom instruction 
                or that do not benefit participating children, 
                so long as the amount of time spent on such 
                duties is the same proportion of total work 
                time as prevails with respect to similar 
                personnel at the same school.
            (5) Special rules.--
                    (A) Simultaneous service.--Nothing in this 
                subsection shall be construed to prohibit a 
                school from serving students under this 
                subsection simultaneously with students with 
                similar educational needs, in the same 
                educational settings where appropriate.
                    (B) Comprehensive services.--If health, 
                nutrition, and other social services are not 
                otherwise available to eligible children in a 
                school operating a targeted assistance school 
                program and such school, if appropriate, has 
                established a collaborative partnership with 
                local service providers and funds are not 
                reasonably available from other public or 
                private sources to provide such services, then 
                a portion of the funds provided under this 
                subsection may be used to provide such 
                services, including through--
                            (i) the provision of basic medical 
                        equipment and services, such as 
                        eyeglasses and hearing aids;
                            (ii) compensation of a coordinator;
                            (iii) family support and engagement 
                        services;
                            (iv) health care services and 
                        integrated student supports to address 
                        the physical, mental, and emotional 
                        well-being of children; and
                            (v) professional development 
                        necessary to assist teachers, 
                        specialized instructional support 
                        personnel, other staff, and parents in 
                        identifying and meeting the 
                        comprehensive needs of eligible 
                        children.
    (e) 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 under subsection (b)(2) or a 
plan under subsection (c) or (d) for review or approval by the 
Secretary.

SEC. 1114. SCHOOL IDENTIFICATION, INTERVENTIONS, AND SUPPORTS.

    (a) State Review and Responsibilities.--
            (1) In general.--Each State educational agency 
        receiving funds under this part shall use the system 
        designed by the State under section 1111(b)(3) to 
        annually--
                    (A) identify the public schools that 
                receive funds under this part and are in need 
                of intervention and support using the method 
                established by the State in section 
                1111(b)(3)(B)(iii);
                    (B) require for inclusion--
                            (i) on each local educational 
                        agency report card required under 
                        section 1111(d), the names of schools 
                        served by the agency identified under 
                        subparagraph (A); and
                            (ii) on each school report card 
                        required under section 1111(d), whether 
                        the school was identified under 
                        subparagraph (A);
                    (C) ensure that all public schools that 
                receive funds under this part and are 
                identified as in need of intervention and 
                support under subparagraph (A), implement an 
                evidence-based intervention or support strategy 
                designed by the State or local educational 
                agency described in subparagraph (A) or (B) of 
                subsection (b)(3);
                    (D) prioritize intervention and supports in 
                the identified schools most in need of 
                intervention and support, as determined by the 
                State, using the results of the accountability 
                system under 1111(b)(3)(B)(iii); and
                    (E) monitor and evaluate the implementation 
                of school intervention and support strategies 
                by local educational agencies, including in the 
                lowest-performing elementary schools and 
                secondary schools in the State, and use the 
                results of the evaluation to take appropriate 
                steps to change or improve interventions or 
                support strategies as necessary.
            (2) State educational agency responsibilities.--The 
        State educational agency shall--
                    (A) make technical assistance available to 
                local educational agencies that serve schools 
                identified as in need of intervention and 
                support under paragraph (1)(A);
                    (B) if the State educational agency 
                determines that a local educational agency 
                failed to carry out its responsibilities under 
                this section, take such actions as the State 
                educational agency determines to be appropriate 
                and in compliance with State law to assist the 
                local educational agency and ensure that such 
                local educational agency is carrying out its 
                responsibilities;
                    (C) inform local educational agencies of 
                schools identified as in need of intervention 
                and support under paragraph (1)(A) in a timely 
                and easily accessible manner that is before the 
                beginning of the school year; and
                    (D) publicize and disseminate to the 
                public, including teachers, principals and 
                other school leaders, and parents, the results 
                of the State review under paragraph (1).
    (b) Local Educational Agency Review and Responsibilities.--
            (1) In general.--Each local educational agency with 
        a school identified as in need of intervention and 
        support under subsection (a)(1)(A) shall, in 
        consultation with teachers, principals and other school 
        leaders, school personnel, parents, and community 
        members--
                    (A) conduct a review of such school, 
                including by examining the indicators and 
                measures included in the State-determined 
                accountability system described in section 
                1111(b)(3)(B) to determine the factors that led 
                to such identification;
                    (B) conduct a review of the policies, 
                procedures, personnel decisions, and budgetary 
                decisions of the local educational agency, 
                including the measures on the local educational 
                agency and school report cards under section 
                1111(d) that impact the school and could have 
                contributed to the identification of the 
                school;
                    (C) develop and implement appropriate 
                intervention and support strategies, as 
                described in paragraph (3), that are 
                proportional to the identified needs of the 
                school, for assisting the identified school;
                    (D) develop a rigorous comprehensive plan 
                that will be publicly available and provided to 
                parents, for ensuring the successful 
                implementation of the intervention and support 
                strategies described in paragraph (3) in 
                identified schools, which may include--
                            (i) technical assistance that will 
                        be provided to the school;
                            (ii) improved delivery of services 
                        to be provided by the local educational 
                        agency;
                            (iii) increased support for 
                        stronger curriculum, program of 
                        instruction, wraparound services, or 
                        other resources provided to students in 
                        the school;
                            (iv) any changes to personnel 
                        necessary to improve educational 
                        opportunities for children in the 
                        school;
                            (v) redesigning how time for 
                        student learning or teacher 
                        collaboration is used within the 
                        school;
                            (vi) using data to inform 
                        instruction for continuous improvement;
                            (vii) providing increased coaching 
                        or support for principals and other 
                        school leaders and teachers;
                            (viii) improving school climate and 
                        safety;
                            (ix) providing ongoing mechanisms 
                        for family and community engagement to 
                        improve student learning; and
                            (x) establishing partnerships with 
                        entities, including private entities 
                        with a demonstrated record of improving 
                        student achievement, that will assist 
                        the local educational agency in 
                        fulfilling its responsibilities under 
                        this section; and
                    (E) collect and use data on an ongoing 
                basis to monitor the results of the 
                intervention and support strategies and adjust 
                such strategies as necessary during 
                implementation in order to improve student 
                academic achievement.
            (2) Notice to parents.--A local educational agency 
        shall promptly provide to a parent or parents of each 
        student enrolled in a school identified as in need of 
        intervention and support under subsection (a)(1)(A) in 
        an easily accessible and understandable form and, to 
        the extent practicable, in a language that parents can 
        understand--
                    (A) an explanation of what the 
                identification means, and how the school 
                compares in terms of academic achievement and 
                other measures in the State accountability 
                system under section 1111(b)(3)(B) to other 
                schools served by the local educational agency 
                and the State educational agency involved;
                    (B) the reasons for the identification;
                    (C) an explanation of what the local 
                educational agency or State educational agency 
                is doing to help the school address student 
                academic achievement and other measures, 
                including a description of the intervention and 
                support strategies developed under paragraph 
                (1)(C) that will be implemented in the school;
                    (D) an explanation of how the parents can 
                become involved in addressing academic 
                achievement and other measures that caused the 
                school to be identified; and
                    (E) an explanation of the parents' option 
                to transfer their child to another public 
                school under paragraph (4), if applicable.
            (3) School intervention and support strategies.--
                    (A) In general.--Consistent with subsection 
                (a)(1) and paragraph (1), a local educational 
                agency shall develop and implement evidence-
                based intervention and support strategies for 
                an identified school that the local educational 
                agency determines appropriate to address the 
                needs of students in such identified school, 
                which shall--
                            (i) be designed to address the 
                        specific reasons for identification, as 
                        described in subparagraphs (A) and (B) 
                        of paragraph (1);
                            (ii) be implemented, at a minimum, 
                        in a manner that is proportional to the 
                        specific reasons for identification, as 
                        described in subparagraphs (A) and (B) 
                        of paragraph (1); and
                            (iii) distinguish between the 
                        lowest-performing schools and other 
                        schools identified as in need of 
                        intervention and support for other 
                        reasons, including schools with 
                        categories of students, as defined in 
                        section 1111(b)(3)(A), not meeting the 
                        goals described in section 
                        1111(b)(3)(B)(i), as determined by the 
                        review in subparagraphs (A) and (B) of 
                        paragraph (1).
                    (B) State determined strategies.--
                Consistent with State law, a State educational 
                agency may establish alternative evidence-based 
                State determined strategies that can be used by 
                local educational agencies to assist a school 
                identified as in need of intervention and 
                support under subsection (a)(1)(A), in addition 
                to the assistance strategies developed by a 
                local educational agency under subparagraph 
                (A).
            (4) Public school choice.--
                    (A) In general.--A local educational agency 
                may provide all students enrolled in a school 
                identified as in need of intervention and 
                support under subsection (a)(1)(A) with the 
                option to transfer to another public school 
                served by the local educational agency, unless 
                such an option is prohibited by State law.
                    (B) 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).
                    (C) 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.
                    (D) 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.
                    (E) 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.
            (5) Prohibitions on federal interference with state 
        and local decisions.--Nothing in this section shall be 
        construed to authorize or permit the Secretary to 
        establish any criterion that specifies, defines, or 
        prescribes--
                    (A) any school intervention or support 
                strategy that States or local educational 
                agencies shall use to assist schools identified 
                as in need of intervention and support under 
                this section; or
                    (B) the weight of any indicator or measure 
                that a State shall use to identify schools 
                under subsection (a).
    (c) Funds for Local School Interventions and Supports.--
            (1) In general.--
                    (A) Grants authorized.--From the total 
                amount appropriated under section 1002(f) for a 
                fiscal year, the Secretary shall award grants 
                to States and the Bureau of Indian Education of 
                the Department of the Interior, through an 
                allotment as determined under subparagraph (B), 
                to carry out the activities described in this 
                subsection.
                    (B) Allotments.--From the total amount 
                appropriated under section 1002(f) for a fiscal 
                year, the Secretary shall allot to each State, 
                the Bureau of Indian Education of the 
                Department of the Interior, and each outlying 
                area for such fiscal year with an approved 
                application, an amount that bears the same 
                relationship to such total amount as the amount 
                such State, the Bureau of Indian Education of 
                the Department of the Interior, or such 
                outlying area received under parts A, C, and D 
                of this title for the most recent preceding 
                fiscal year for which the data are available 
                bears to the amount received by all such 
                States, the Bureau of Indian Education of the 
                Department of the Interior, and all such 
                outlying areas under parts A, C, and D of this 
                title for such most recent preceding fiscal 
                year.
            (2) State application.--A State that desires to 
        receive school improvement funds under this subsection 
        shall submit an application to the Secretary at such 
        time and in such manner as the Secretary may require, 
        which shall include a description of--
                    (A) the process and the criteria that the 
                State will use to award subgrants under 
                paragraph (4)(A), including how the subgrants 
                will serve schools identified by the State as 
                the lowest-performing schools under subsection 
                (a)(1);
                    (B) the process and the criteria the State 
                will use to determine whether the local 
                educational agency's proposal for serving each 
                identified school meets the requirements of 
                paragraph (6) and other provisions of this 
                section;
                    (C) how the State will ensure that local 
                educational agencies conduct a comprehensive 
                review of each identified school as required 
                under subsection (b) to identify evidence-based 
                school intervention and support strategies that 
                are likely to be successful in each particular 
                school;
                    (D) how the State will ensure geographic 
                diversity in making subgrants;
                    (E) how the State will set priorities in 
                awarding subgrants to local educational 
                agencies, including how the State will 
                prioritize local educational agencies serving 
                elementary schools and secondary schools 
                identified as the lowest-performing schools 
                under subsection (a)(1) that will use subgrants 
                to serve such schools;
                    (F) how the State will monitor and evaluate 
                the implementation of evidence-based school 
                intervention and support strategies supported 
                by funds under this subsection; and
                    (G) how the State will reduce barriers for 
                schools in the implementation of school 
                intervention and support strategies, including 
                by providing operational flexibility that would 
                enable complete implementation of the selected 
                school improvement strategy.
            (3) State administration; technical assistance; 
        exception.--
                    (A) In general.--A State that receives an 
                allotment under this subsection may reserve not 
                more than a total of 5 percent of such 
                allotment for the administration of this 
                subsection to carry out its responsibilities 
                under subsection (a)(2) to support school and 
                local educational agency interventions and 
                supports, which may include activities aimed at 
                building State capacity to support and monitor 
                the local educational agency and school 
                intervention and supports.
                    (B) Exception.--Notwithstanding 
                subparagraph (A), a State educational agency 
                may reserve from the amount allotted under this 
                subsection additional funds to meet its 
                responsibilities under subsection (a)(2)(B) if 
                a local educational agency fails to carry out 
                its responsibilities under subsection (b), but 
                shall not reserve more than necessary to meet 
                such State responsibilities.
            (4) Subgrants to local educational agencies.--
                    (A) In general.--From the amounts awarded 
                to a State under this subsection, the State 
                educational agency shall allocate not less than 
                95 percent to make subgrants to local 
                educational agencies, on a competitive basis, 
                to serve schools identified as in need of 
                intervention and support under subsection 
                (a)(1)(A).
                    (B) Duration.--The State educational agency 
                shall award subgrants under this paragraph for 
                a period of not more than 5 years, which period 
                may include a planning year.
                    (C) Criteria.--Subgrants awarded under this 
                section shall be of sufficient size to enable a 
                local educational agency to effectively 
                implement the selected intervention and support 
                strategy.
                    (D) Rule of construction.--Nothing in this 
                subsection shall be construed as prohibiting a 
                State from allocating subgrants under this 
                subsection to a statewide school district, 
                consortium of local educational agencies, or an 
                educational service agency that serves schools 
                identified as in need of intervention and 
                support under this section, if such entities 
                are legally constituted or recognized as local 
                educational agencies in the State.
            (5) Application.--In order to receive a subgrant 
        under this subsection, 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--
                    (A) a description of the process the local 
                educational agency has used for selecting an 
                appropriate evidence-based school intervention 
                and support strategy for each school to be 
                served, including how the local educational 
                agency has analyzed the needs of each such 
                school in accordance with subsection (b)(1) and 
                meaningfully consulted with teachers, 
                principals, and other school leaders in 
                selecting such intervention and support 
                strategy;
                    (B) the specific evidence-based school 
                interventions and supports to be used in each 
                school to be served, how these interventions 
                and supports will address the needs identified 
                in the review under subsection (b)(1), and the 
                timeline for implementing such school 
                interventions and supports in each school to be 
                served;
                    (C) a detailed budget covering the grant 
                period, including planned expenditures at the 
                school level for activities supporting full and 
                effective implementation of the selected school 
                intervention and support strategy;
                    (D) a description of how the local 
                educational agency will--
                            (i) design and implement the 
                        selected school intervention and 
                        support strategy, in accordance with 
                        the requirements under subsection 
                        (b)(1)(C), including the use of 
                        appropriate measures to monitor the 
                        effectiveness of implementation;
                            (ii) use a rigorous review process 
                        to recruit, screen, select, and 
                        evaluate any external partners with 
                        whom the local educational agency will 
                        partner;
                            (iii) align other Federal, State, 
                        and local resources with the 
                        intervention and support strategy to 
                        reduce duplication, increase 
                        efficiency, and assist identified 
                        schools in complying with reporting 
                        requirements of Federal and State 
                        programs;
                            (iv) modify practices and policies, 
                        if necessary, to provide operational 
                        flexibility that enables full and 
                        effective implementation of the 
                        selected school intervention and 
                        support strategy;
                            (v) collect and use data on an 
                        ongoing basis to adjust the 
                        intervention and support strategy 
                        during implementation, and if 
                        necessary, modify or implement a 
                        different strategy if implementation is 
                        not effective, in order to improve 
                        student academic achievement;
                            (vi) ensure that the implementation 
                        of the intervention and support 
                        strategy meets the needs of each of the 
                        categories of students, as defined in 
                        section 1111(b)(3)(A);
                            (vii) provide information to 
                        parents, guardians, teachers, and other 
                        stakeholders about the effectiveness of 
                        implementation, to the extent 
                        practicable, in a language that the 
                        parents can understand; and
                            (viii) sustain successful reforms 
                        and practices after the funding period 
                        ends;
                    (E) a description of the technical 
                assistance and other support that the local 
                educational agency will provide to ensure 
                effective implementation of school intervention 
                and support strategies in identified schools, 
                in accordance with subsection (b)(1)(D), such 
                as ensuring identified schools have access to 
                resources like facilities, professional 
                development, and technology and adopting human 
                resource policies that prioritize recruitment, 
                retention, and placement of effective staff in 
                identified schools; and
                    (F) 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.
            (6) Local activities.--A local educational agency 
        that receives a subgrant under this subsection--
                    (A) shall use the subgrant funds to 
                implement evidence-based school intervention 
                and support strategies in schools identified as 
                in need of intervention and support under 
                subsection (a)(1)(A); and
                    (B) may use the subgrant funds to carry 
                out, at the local educational agency level, 
                activities that directly support the 
                implementation of the intervention and support 
                strategies such as--
                            (i) assistance in data collection 
                        and analysis;
                            (ii) recruiting and retaining 
                        staff;
                            (iii) high-quality, evidence-based 
                        professional development;
                            (iv) coordination of services to 
                        address students' non-academic needs; 
                        and
                            (v) progress monitoring.
            (7) Reporting.--A State that receives funds under 
        this subsection shall report to the Secretary a list of 
        all the local educational agencies that received a 
        subgrant under this subsection and for each local 
        educational agency that received a subgrant, a list of 
        all the schools that were served, the amount of funds 
        each school received, and the intervention and support 
        strategies implemented in each school.
            (8) Supplement not supplant.--A local educational 
        agency or State shall use Federal funds received under 
        this subsection only to supplement the funds that 
        would, in the absence of such Federal funds, be made 
        available from non-Federal sources for the education of 
        students participating in programs funded under this 
        subsection.
    (d) Rule of Construction.--Nothing in this section 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.

SEC. [1118]1115. [PARENTAL INVOLVEMENT]PARENT AND FAMILY ENGAGEMENT.

    (a) Local Educational Agency Policy.--
            (1) In general.--A local educational agency may 
        receive funds under this part only if such agency 
        conducts outreach to all parents and family members and 
        implements programs, activities, and procedures for the 
        involvement of parents and family members in programs 
        assisted under this part consistent with this section. 
        Such programs, activities, and procedures shall be 
        planned and implemented with meaningful consultation 
        with parents of participating children.
            (2) Written policy.--Each local educational agency 
        that receives funds under this part shall develop 
        jointly with, agree on with, and distribute to, parents 
        and family members of participating children a [written 
        parent involvement policy]written parent and family 
        engagement policy. The policy shall be incorporated 
        into the local educational agency's plan developed 
        under section 1112, establish the agency's 
        [expectations for parent involvement]expectations and 
        objectives for meaningful parent and family 
        involvement, and describe how the agency will--
                    [(A) involve parents in the joint 
                development of the plan under section 1112, and 
                the process of school review and improvement 
                under section 1116;
                    [(B) provide the coordination, technical 
                assistance, and other support necessary to 
                assist participating schools in planning and 
                implementing effective parent involvement 
                activities to improve student academic 
                achievement and school performance;
                    [(C) build the schools' and parents' 
                capacity for strong parental involvement as 
                described in subsection (e);
                    [(D) coordinate and integrate parental 
                involvement strategies under this part with 
                parental involvement strategies under other 
                programs, such as the Head Start program, 
                Reading First program, Early Reading First 
                program, Even Start program, Parents as 
                Teachers program, and Home Instruction Program 
                for Preschool Youngsters, and State-run 
                preschool programs;
                    [(E) conduct, with the involvement of 
                parents, an annual evaluation of the content 
                and effectiveness of the parental involvement 
                policy in improving the academic quality of the 
                schools served under this part, including 
                identifying 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), and use the 
                findings of such evaluation to design 
                strategies for more effective parental 
                involvement, and to revise, if necessary, the 
                parental involvement policies described in this 
                section; and
                    [(F) involve parents in the activities of 
                the schools served under this part.]
                    (A) involve parents and family members in 
                jointly developing the local educational agency 
                plan under section 1112 and the process of 
                school review and intervention and support 
                under section 1114;
                    (B) provide the coordination, technical 
                assistance, and other support necessary to 
                assist and build the capacity of all 
                participating schools within the local 
                educational agency in planning and implementing 
                effective parent and family involvement 
                activities to improve student academic 
                achievement and school performance, which may 
                include meaningful consultation with employers, 
                business leaders, and philanthropic 
                organizations, or individuals with expertise in 
                effectively engaging parents and family members 
                in education;
                    (C) coordinate and integrate parent and 
                family engagement strategies under this part 
                with parent and family engagement strategies, 
                to the extent feasible and appropriate, with 
                other relevant Federal, State, and local laws 
                and programs;
                    (D) conduct, with the meaningful 
                involvement of parents and family members, an 
                annual evaluation of the content and 
                effectiveness of the parent and family 
                engagement policy in improving the academic 
                quality of all schools served under this part, 
                including identifying--
                            (i) barriers to greater 
                        participation by parents in activities 
                        authorized by this section (with 
                        particular attention to parents who are 
                        economically disadvantaged, are 
                        disabled, are English learners, 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.
            (3) Reservation.--
                    (A) In general.--Each local educational 
                agency shall reserve not less than 1 percent of 
                such agency's allocation under subpart 2 of 
                this part [to carry out this section, including 
                promoting family literacy and parenting 
                skills,]to assist schools to carry out the 
                activities described in this section, except 
                that this paragraph shall not apply if 1 
                percent of such agency's allocation under 
                subpart 2 of this part for the fiscal year for 
                which the determination is made is $5,000 or 
                less.
                    [(B) Parental input.--Parents of 
                children](B) Parent and family member input.--
                Parents and family members of children 
                receiving services under this part shall be 
                involved in the decisions regarding how funds 
                reserved under subparagraph (A) are allotted 
                for parental involvement activities.
                    (C) Distribution of funds.--Not less than 
                [95 percent]85 percent of the funds reserved 
                under subparagraph (A) shall be distributed to 
                schools served under this part, with priority 
                given to high-need schools.
                    (D) Use of funds.--Funds reserved under 
                subparagraph (A) by a local educational agency 
                shall be used to carry out activities and 
                strategies consistent with the local 
                educational agency's parent and family 
                engagement policy, including not less than 1 of 
                the following:
                            (i) Supporting schools and 
                        nonprofit organizations in providing 
                        professional development for local 
                        educational agency and school personnel 
                        regarding parent and family engagement 
                        strategies, which may be provided 
                        jointly to teachers, school leaders, 
                        specialized instructional support 
                        personnel, paraprofessionals, early 
                        childhood educators, and parents and 
                        family members.
                            (ii) Supporting home visitation 
                        programs.
                            (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 demonstrated track 
                        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, which may include adult 
                        education and literacy activities, as 
                        defined in section 203 of the Adult 
                        Education and Family Literacy Act.
    (b) School [Parental Involvement Policy]Parental and Family 
Engagement Policy.--
            (1) In general.--Each school served under this part 
        shall jointly develop with, and distribute to, parents 
        and family members of participating children a [written 
        parental involvement policy]written parent and family 
        engagement policy, agreed on by such parents, that 
        shall describe the means for carrying out the 
        requirements of subsections (c) through (f). Parents 
        shall be notified of the policy in an understandable 
        and uniform format and, to the extent practicable, 
        provided in a language the parents can understand. Such 
        policy shall be made available to the local community 
        and updated periodically to meet the changing needs of 
        parents and the school.
            (2) Special rule.--If the school has a [parental 
        involvement policy]parent and family engagement policy 
        that applies to all parents and family members, such 
        school may amend that policy, if necessary, to meet the 
        requirements of this subsection.
            (3) Amendment.--If the local educational agency 
        involved has a [school district-level parental 
        involvement policy]district-level parent and family 
        engagement policy that applies to all parents and 
        family members in all schools served by the local 
        educational agency, such agency may amend that policy, 
        if necessary, to meet the requirements of this 
        subsection.
            (4) Parental comments.--* * *
    (c) Policy Involvement.--Each school served under this part 
shall--
            (1) * * *

           *       *       *       *       *       *       *

            (3) involve parents, in an organized, ongoing, and 
        timely way, in the planning, review, and improvement of 
        programs under this part, including the planning, 
        review, and improvement of the school [parental 
        involvement policy]parent and family engagement policy 
        and the joint development of the schoolwide program 
        plan under section 1114(b)(2), except that if a school 
        has in place a process for involving parents in the 
        joint planning and design of the school's programs, the 
        school may use that process, if such process includes 
        an adequate representation of parents of participating 
        children;
            (4) provide parents of participating children--
                    (A) * * *
                    (B) a description and explanation of the 
                curriculum in use at the school, the forms of 
                academic assessment used to measure student 
                progress, and [the proficiency levels students 
                are expected to meet]the achievement levels of 
                the challenging State academic standards; and
                    (C) * * *
            (5) if the schoolwide program plan under [section 
        1114(b)(2)]section 1113(c)(2) is not satisfactory to 
        the parents of participating children, submit any 
        parent comments on the plan when the school makes the 
        plan available to the local educational agency.
    (d) Shared Responsibilities for High Student Academic 
Achievement.--As a component of the school-level [parental 
involvement policy]parent and family engagement policy 
developed under subsection (b), each school served under this 
part shall jointly develop with parents for all children served 
under this part a school-parent compact that outlines how 
parents, the entire school staff, and students will share the 
responsibility for improved student academic achievement and 
the means by which the school and parents will build and 
develop a partnership to help children achieve the State's high 
standards. Such compact shall--
            (1) describe the school's responsibility to provide 
        high-quality curriculum and instruction in a supportive 
        and effective learning environment that enables the 
        children served under this part to meet [the State's 
        student academic achievement standards]the challenging 
        State academic standards, and the ways in which each 
        parent will be responsible for supporting their 
        children's learning[, such as monitoring attendance, 
        homework completion, and television watching]; 
        volunteering in their child's classroom; and 
        participating, as appropriate, in decisions relating to 
        the education of their children and positive use of 
        extracurricular time; and
            (2) address the importance of communication between 
        teachers and parents on an ongoing basis through, at a 
        minimum--
                    (A) * * *
                    (B) frequent reports to parents on their 
                children's progress; [and]
                    (C) reasonable access to staff, 
                opportunities to volunteer and participate in 
                their child's class, and observation of 
                classroom activities[.]; and
                    (D) ensuring regular two-way, meaningful 
                communication between family members and school 
                staff, to the extent practicable, in a language 
                that family members can understand and access.
    (e) Building Capacity for Involvement.--To ensure effective 
involvement of parents and to support a partnership among the 
school involved, parents, and the community to improve student 
academic achievement, each school and local educational agency 
assisted under this part--
            (1) shall provide assistance to parents of children 
        served by the school or local educational agency, as 
        appropriate, in understanding such topics as [the 
        State's academic content standards and State student 
        academic achievement standards]the challenging State 
        academic standards, State and local academic 
        assessments, the requirements of this part, and how to 
        monitor a child's progress and work with educators to 
        improve the achievement of their children;

           *       *       *       *       *       *       *

            (3) shall educate teachers, [pupil services 
        personnel, principals]specialized instructional support 
        personnel, principals, and other school leaders, and 
        other staff, with the assistance of parents, in the 
        value and utility of contributions of parents, and in 
        how to reach out to, communicate with, and work with 
        parents as equal partners, implement and coordinate 
        parent programs, and build ties between parents and the 
        school;
            (4) shall, to the extent feasible and appropriate, 
        coordinate and integrate parent involvement programs 
        and activities with [Head Start, Reading First, Early 
        Reading First, Even Start, the Home Instruction 
        Programs for Preschool Youngsters, the Parents as 
        Teachers Program,]other relevant Federal, State, and 
        local laws, and public preschool and other programs, 
        and conduct other activities, such as parent resource 
        centers, that encourage and support parents in more 
        fully participating in the education of their children;
            (5) * * *

           *       *       *       *       *       *       *

    [(f) Accessibility.--In carrying out the parental 
involvement requirements of this part, local educational 
agencies and schools, to the extent practicable, shall provide 
full opportunities for the participation of parents with 
limited English proficiency, parents with disabilities, and 
parents of migratory children, including providing information 
and school reports required under section 1111 in a format and, 
to the extent practicable, in a language such parents 
understand.]
    (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 full and informed participation of 
parents and family members (including parents and family 
members who are English learners, parents and family members 
with disabilities, and parents and family members of migratory 
children), including providing information and school reports 
required under section 1111 in a format and, to the extent 
practicable, in a language such parents understand.

           *       *       *       *       *       *       *

    (h) Review.--The State educational agency shall review the 
local educational agency's [parental involvement 
policies]parent and family engagement policies and practices to 
determine if the policies and practices meet the requirements 
of this section.

[SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

    [(a) Teacher Qualifications and Measurable Objectives.--
            [(1) In general.--Beginning with the first day of 
        the first school year after the date of enactment of 
        the No Child Left Behind Act of 2001, each local 
        educational agency receiving assistance under this part 
        shall ensure that all teachers hired after such day and 
        teaching in a program supported with funds under this 
        part are highly qualified.
            [(2) State plan.--As part of the plan described in 
        section 1111, each State educational agency receiving 
        assistance under this part shall develop a plan to 
        ensure that all teachers teaching in core academic 
        subjects within the State are highly qualified not 
        later than the end of the 2005-2006 school year. Such 
        plan shall establish annual measurable objectives for 
        each local educational agency and school that, at a 
        minimum--
                    [(A) shall include an annual increase in 
                the percentage of highly qualified teachers at 
                each local educational agency and school, to 
                ensure that all teachers teaching in core 
                academic subjects in each public elementary 
                school and secondary school are highly 
                qualified not later than the end of the 2005-
                2006 school year;
                    [(B) shall include an annual increase in 
                the percentage of teachers who are receiving 
                high-quality professional development to enable 
                such teachers to become highly qualified and 
                successful classroom teachers; and
                    [(C) may include such other measures as the 
                State educational agency determines to be 
                appropriate to increase teacher qualifications.
            [(3) Local plan.--As part of the plan described in 
        section 1112, each local educational agency receiving 
        assistance under this part shall develop a plan to 
        ensure that all teachers teaching within the school 
        district served by the local educational agency are 
        highly qualified not later than the end of the 2005-
        2006 school year.
    [(b) Reports.--
            [(1) Annual state and local reports.--
                    [(A) Local reports.--Each State educational 
                agency described in subsection (a)(2) shall 
                require each local educational agency receiving 
                funds under this part to publicly report, each 
                year, beginning with the 2002-2003 school year, 
                the annual progress of the local educational 
                agency as a whole and of each of the schools 
                served by the agency, in meeting the measurable 
                objectives described in subsection (a)(2).
                    [(B) State reports.--Each State educational 
                agency receiving assistance under this part 
                shall prepare and submit each year, beginning 
                with the 2002-2003 school year, a report to the 
                Secretary, describing the State educational 
                agency's progress in meeting the measurable 
                objectives described in subsection (a)(2).
                    [(C) Information from other reports.--A 
                State educational agency or local educational 
                agency may submit information from the reports 
                described in section 1111(h) for the purposes 
                of this subsection, if such report is modified, 
                as may be necessary, to contain the information 
                required by this subsection, and may submit 
                such information as a part of the reports 
                required under section 1111(h).
            [(2) Annual reports by the secretary.--Each year, 
        beginning with the 2002-2003 school year, the Secretary 
        shall publicly report the annual progress of State 
        educational agencies, local educational agencies, and 
        schools, in meeting the measurable objectives described 
        in subsection (a)(2).
    [(c) New Paraprofessionals.--
            [(1) In general.--Each local educational agency 
        receiving assistance under this part shall ensure that 
        all paraprofessionals hired after the date of enactment 
        of the No Child Left Behind Act of 2001 and working in 
        a program supported with funds under this part shall 
        have--
                    [(A) completed at least 2 years of study at 
                an institution of higher education;
                    [(B) obtained an associate's (or higher) 
                degree; or
                    [(C) met a rigorous standard of quality and 
                can demonstrate, through a formal State or 
                local academic assessment--
                            [(i) knowledge of, and the ability 
                        to assist in instructing, reading, 
                        writing, and mathematics; or
                            [(ii) knowledge of, and the ability 
                        to assist in instructing, reading 
                        readiness, writing readiness, and 
                        mathematics readiness, as appropriate.
            [(2) Clarification.--The receipt of a secondary 
        school diploma (or its recognized equivalent) shall be 
        necessary but not sufficient to satisfy the 
        requirements of paragraph (1)(C).
    [(d) Existing Paraprofessionals.--Each local educational 
agency receiving assistance under this part shall ensure that 
all paraprofessionals hired before the date of enactment of the 
No Child Left Behind Act of 2001, and working in a program 
supported with funds under this part shall, not later than 4 
years after the date of enactment satisfy the requirements of 
subsection (c).
    [(e) Exceptions for Translation and Parental Involvement 
Activities.--Subsections (c) and (d) shall not apply to a 
paraprofessional--
            [(1) who is proficient in English and a language 
        other than English and who provides services primarily 
        to enhance the participation of children in programs 
        under this part by acting as a translator; or
            [(2) whose duties consist solely of conducting 
        parental involvement activities consistent with section 
        1118.
    [(f) General Requirement for All Paraprofessionals.--Each 
local educational agency receiving assistance under this part 
shall ensure that all paraprofessionals working in a program 
supported with funds under this part, regardless of the 
paraprofessionals' hiring date, have earned a secondary school 
diploma or its recognized equivalent.
    [(g) Duties of Paraprofessionals.--
            [(1) In general.--Each local educational agency 
        receiving assistance under this part shall ensure that 
        a paraprofessional working in a program supported with 
        funds under this part is not assigned a duty 
        inconsistent with this subsection.
            [(2) Responsibilities paraprofessionals may be 
        assigned.--A paraprofessional described in paragraph 
        (1) may be assigned--
                    [(A) to provide one-on-one tutoring for 
                eligible students, if the tutoring is scheduled 
                at a time when a student would not otherwise 
                receive instruction from a teacher;
                    [(B) to assist with classroom management, 
                such as organizing instructional and other 
                materials;
                    [(C) to provide assistance in a computer 
                laboratory;
                    [(D) to conduct parental involvement 
                activities;
                    [(E) to provide support in a library or 
                media center;
                    [(F) to act as a translator; or
                    [(G) to provide instructional services to 
                students in accordance with paragraph (3).
            [(3) Additional limitations.--A paraprofessional 
        described in paragraph (1)--
                    [(A) may not provide any instructional 
                service to a student unless the 
                paraprofessional is working under the direct 
                supervision of a teacher consistent with 
                section 1119; and
                    [(B) may assume limited duties that are 
                assigned to similar personnel who are not 
                working in a program supported with funds under 
                this part, including duties beyond classroom 
                instruction or that do not benefit 
                participating children, so long as the amount 
                of time spent on such duties is the same 
                proportion of total work time as prevails with 
                respect to similar personnel at the same 
                school.
    [(h) Use of Funds.--A local educational agency receiving 
funds under this part may use such funds to support ongoing 
training and professional development to assist teachers and 
paraprofessionals in satisfying the requirements of this 
section.
    [(i) Verification of Compliance.--
            [(1) In general.--In verifying compliance with this 
        section, each local educational agency, at a minimum, 
        shall require that the principal of each school 
        operating a program under section 1114 or 1115 attest 
        annually in writing as to whether such school is in 
        compliance with the requirements of this section.
            [(2) Availability of information.--Copies of 
        attestations under paragraph (1)--
                    [(A) shall be maintained at each school 
                operating a program under section 1114 or 1115 
                and at the main office of the local educational 
                agency; and
                    [(B) shall be available to any member of 
                the general public on request.
    [(j) Combinations of Funds.--Funds provided under this part 
that are used for professional development purposes may be 
combined with funds provided under title II of this Act, other 
Acts, and other sources.
    [(k) Special Rule.--Except as provided in subsection (l), 
no State educational agency shall require a school or a local 
educational agency to expend a specific amount of funds for 
professional development activities under this part, except 
that this paragraph shall not apply with respect to 
requirements under section 1116(c)(3).
    [(l) Minimum Expenditures.--Each local educational agency 
that receives funds under this part shall use not less than 5 
percent, or more than 10 percent, of such funds for each of 
fiscal years 2002 and 2003, and not less than 5 percent of the 
funds for each subsequent fiscal year, for professional 
development activities to ensure that teachers who are not 
highly qualified become highly qualified not later than the end 
of the 2005-2006 school year.]

SEC. [1120]1116. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

    (a) General Requirement.--
            (1) In general.--To the extent consistent with the 
        number of eligible children identified under [section 
        1115(b)]section 1113(d)(3) 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, after timely and 
        meaningful consultation with appropriate private school 
        officials, provide such children, on an equitable 
        basis, special educational services or other benefits 
        under this part (such as dual enrollment, educational 
        radio and television, computer equipment and materials, 
        other technology, and mobile educational services and 
        equipment) that address their needs, and shall ensure 
        that teachers and families of the children participate, 
        on an equitable basis, in services and activities 
        developed pursuant to [sections 1118 and 1119]section 
        1115.

           *       *       *       *       *       *       *

            [(4) Expenditures.--Expenditures for educational 
        services and other benefits to eligible private school 
        children shall be equal to the proportion of funds 
        allocated to participating school attendance areas 
        based on the number of children from low-income 
        families who attend private schools, which the local 
        educational agency may determine each year or every 2 
        years.]
            (4) Expenditures.--
                    (A) In general.--Expenditures for 
                educational services and other benefits to 
                eligible private school children shall be equal 
                to the proportion of funds allocated to 
                participating school attendance areas based on 
                the number of children from low-income families 
                who attend private schools.
                    (B) Term of determination.--The local 
                educational agency may determine the equitable 
                share each year or every 2 years.
                    (C) Method of determination.--The 
                proportional share of funds 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.
            (5) Provision of services.--* * *
    (b) Consultation.--
            (1) In general.--To ensure timely and meaningful 
        consultation, a local educational agency shall consult 
        with appropriate private school officials during the 
        design and development of such agency's programs under 
        this part, on issues such as--
                    (A) * * *

           *       *       *       *       *       *       *

                    (E) the size and scope of the equitable 
                services to be provided to the eligible private 
                school children, [and] the proportion of funds 
                that is allocated under subsection (a)(4) for 
                such services, and how that proportion of funds 
                is determined;
                    (F) the method or sources of data that are 
                used under subsection (c) and [section 
                1113(c)(1)]section 1113(a)(3) to determine the 
                number of children from low-income families in 
                participating school attendance areas who 
                attend private schools;
                    (G) how and when the agency will make 
                decisions about the delivery of services to 
                such children, including a thorough 
                consideration and analysis of the views of the 
                private school officials on the provision of 
                services through a contract with potential 
                third-party providers; [and]
                    (H) how, if the agency disagrees with the 
                views of the private school officials on the 
                provision of services through a contract, the 
                local educational agency will provide in 
                writing to such private school officials an 
                analysis of the reasons why the local 
                educational agency has chosen not to use a 
                contractor[.]; and
                    (I) whether the agency shall provide 
                services directly or assign responsibility for 
                the provision of services to a separate 
                government agency, consortium, or entity, or to 
                a third-party contractor.
            (2) Timing.--* * *

           *       *       *       *       *       *       *

            (5) Compliance.--
                    (A) In general.--A private school official 
                shall have the right to complain to the State 
                educational agency that the local educational 
                agency did not engage in consultation that was 
                meaningful and timely, [or] did not give due 
                consideration to the views of the private 
                school official, or did not make a decision 
                that treats the private school students 
                equitably as required by this section.
                    (B) Procedure.--* * *

           *       *       *       *       *       *       *

SEC. [1120A]1117. FISCAL REQUIREMENTS.

    (a) Maintenance of Effort.--* * *
    [(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 non-Federal sources for the 
        education of pupils participating in programs assisted 
        under this part, and not to supplant such funds.
            [(2) Special rule.--No local educational agency 
        shall be required to 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).]
    (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 non-Federal 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; and
                    (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 
        establish any criterion that specifies, defines, or 
        prescribes 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 Child 
                Achieves Act of 2015; 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 Child 
                Achieves Act of 2015.

           *       *       *       *       *       *       *

    (d) Exclusion of Funds.--* * *

           *       *       *       *       *       *       *

SEC. [1120B]1118. COORDINATION REQUIREMENTS.

    (a) In General.--Each local educational agency receiving 
assistance under this part shall carry out the activities 
described in subsection (b) with Head Start agencies and, if 
feasible, other entities carrying out [early childhood 
development programs such as the Early Reading First program], 
early childhood education programs, including by developing 
agreements with such Head Start agencies and other entities to 
carry out such activities.
    (b) Activities.--The activities referred to in subsection 
(a) are activities that increase coordination between the local 
educational agency and a Head Start agency and, if feasible, 
other entities carrying out [early childhood development 
programs, such as the Early Reading First program,]early 
childhood education programs serving children who will attend 
the schools of the local educational agency, including--
            (1) developing and implementing a systematic 
        procedure for receiving records regarding such 
        children, transferred with parental consent from a Head 
        Start program or, where applicable, another [early 
        childhood development program such as the Early Reading 
        First program]early childhood education program;
            (2) establishing channels of communication between 
        school staff and their counterparts (including 
        teachers, social workers, and health staff) in such 
        Head Start agencies or other entities carrying out 
        [early childhood development programs such as the Early 
        Reading First program]early childhood education 
        programs, as appropriate, to facilitate coordination of 
        programs;
            (3) conducting meetings involving parents, 
        kindergarten or elementary school teachers, and Head 
        Start teachers or, if appropriate, teachers from other 
        [early childhood development programs such as the Early 
        Reading First program]early childhood education 
        programs, to discuss the developmental and other needs 
        of individual children;
            (4) organizing and participating in joint 
        transition-related training of school staff, Head Start 
        program staff, [Early Reading First program staff,] 
        and, where appropriate, other [early childhood 
        development program]early childhood education program 
        staff; and
            (5) linking the educational services provided by 
        such local educational agency with the services 
        provided by local Head Start agencies[and entities 
        carrying out Early Reading First programs].
    (c) Coordination of Regulations.--* * *

           *       *       *       *       *       *       *

                         Subpart 2--Allocations

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) 
and 1125A(f), the Secretary shall reserve a total of 1 percent 
to provide assistance to--
            (1) * * *

           *       *       *       *       *       *       *

    (b) Assistance to Outlying Areas.--
            (1) Funds reserved.--* * *

           *       *       *       *       *       *       *

            (3) Limitation for competitive grants.--
                    (A) Competitive grants.--* * *

           *       *       *       *       *       *       *

                    (C) Uses.--Except as provided in 
                subparagraph (D), grant funds awarded under 
                this paragraph may be used only--
                            (i) * * *
                            (ii) to provide direct educational 
                        services that assist all students with 
                        meeting [challenging State academic 
                        content standards]challenging State 
                        academic standards.
                    (D) Administrative costs.--* * *

           *       *       *       *       *       *       *

SEC. 1122. ALLOCATIONS TO STATES.

    (a) Allocation Formula.--Of the amount appropriated under 
section 1002(a) to carry out this part [for each of fiscal 
years 2002-2007]for each of fiscal years 2016 through 2021 
(referred to in this subsection as the current fiscal year)--
            (1) * * *

           *       *       *       *       *       *       *

SEC. 1125A. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

    (a) Grants.--* * *

           *       *       *       *       *       *       *

    (c) Use of Funds; Eligibility of Local Educational 
Agencies.--All funds awarded to each State under this section 
shall be allocated to local educational agencies under the 
following provisions. Within local educational agencies, funds 
allocated under this section shall be distributed to schools on 
a basis consistent with section 1113, and may only be used to 
carry out activities under this part. A local educational 
agency in a State is eligible to receive a targeted grant under 
this section for any fiscal year if--
            [(A)](1) * * *
            [(B)](2) * * *

           *       *       *       *       *       *       *

    (d) Allocation of Funds to Eligible Local Educational 
Agencies.--Funds received by States under this section shall be 
allocated within States to eligible local educational agencies 
on the basis of weighted child counts calculated in accordance 
with paragraph (1), (2), or (3), as appropriate for each State.
            (1) States with an equity factor less than.10.--In 
        States with an equity factor less than .10, the 
        weighted child counts referred to in subsection (d) 
        shall be calculated as follows:
                    (A) Weights for allocations to counties.--
                            (i) In general.--* * *
                            (ii) By percentage of children.--
                        The amount referred to in [clause 
                        ``(i)]clause (i) is determined by 
                        adding--
                                    (I) * * *

           *       *       *       *       *       *       *

    [(e) Maintenance of Effort.--
            [(1) In general.--Except as provided in paragraph 
        (2), a State is entitled to receive its full allotment 
        of funds under this section for any fiscal year if the 
        Secretary finds that either the combined fiscal effort 
        per student or the aggregate expenditures within the 
        State with respect to the provision of free public 
        education for the fiscal year preceding the fiscal year 
        for which the determination is made was not less than 
        90 percent of such combined fiscal effort or aggregate 
        expenditures for the second fiscal year preceding the 
        fiscal year for which the determination is made.
            [(2) Reduction of funds.--The Secretary shall 
        reduce the amount of funds awarded to any State under 
        this section in any fiscal year in the exact proportion 
        to which the State fails to meet the requirements 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), and no 
        such lesser amount shall be used for computing the 
        effort required under paragraph (1) for subsequent 
        years.
            [(3) Waivers.--The Secretary may waive, for 1 
        fiscal year only, the requirements of this subsection 
        if the Secretary determines that such a waiver would be 
        equitable due to exceptional or uncontrollable 
        circumstances such as a natural disaster or a 
        precipitous and unforeseen decline in the financial 
        resources of the State.]
    (e) Maintenance of Effort.--
            (1) In general.--A State is entitled to receive its 
        full allotment of funds under this section for any 
        fiscal year if the Secretary finds that the State's 
        fiscal effort per student or the aggregate expenditures 
        of the State with respect to the provision of free 
        public education by the State for the preceding fiscal 
        year was not less than 90 percent of the fiscal effort 
        or aggregate expenditures for the second preceding 
        fiscal year, subject to the requirements of paragraph 
        (2).
            (2) Reduction in case of failure to meet.--
                    (A) In general.--The Secretary shall reduce 
                the amount of the allotment of funds under this 
                section in 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.
    (f) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for [fiscal year 2002]fiscal year 2016 and for 
each of the 5 succeeding fiscal years.
    (g) Adjustments Where Necessitated by Appropriations.--
            (1) In general.--* * *

           *       *       *       *       *       *       *

            (3) Hold-harmless amounts.--For each fiscal year, 
        if sufficient funds are available, the amount made 
        available to each local educational agency under this 
        section [shall be]shall be--
                    (A) * * *

           *       *       *       *       *       *       *

          [PART B--STUDENT READING SKILLS IMPROVEMENT GRANTS]

                       [Subpart 1--Reading First]

[SEC. 1201. PURPOSES.

     [The purposes of this subpart are as follows:
            [(1) To provide assistance to State educational 
        agencies and local educational agencies in establishing 
        reading programs for students in kindergarten through 
        grade 3 that are based on scientifically based reading 
        research, to ensure that every student can read at 
        grade level or above not later than the end of grade 3.
            [(2) To provide assistance to State educational 
        agencies and local educational agencies in preparing 
        teachers, including special education teachers, through 
        professional development and other support, so the 
        teachers can identify specific reading barriers facing 
        their students and so the teachers have the tools to 
        effectively help their students learn to read.
            [(3) To provide assistance to State educational 
        agencies and local educational agencies in selecting or 
        administering screening, diagnostic, and classroom-
        based instructional reading assessments.
            [(4) To provide assistance to State educational 
        agencies and local educational agencies in selecting or 
        developing effective instructional materials (including 
        classroom-based materials to assist teachers in 
        implementing the essential components of reading 
        instruction), programs, learning systems, and 
        strategies to implement methods that have been proven 
        to prevent or remediate reading failure within a State.
            [(5) To strengthen coordination among schools, 
        early literacy programs, and family literacy programs 
        to improve reading achievement for all children.

[SEC. 1202. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES.

    [(a) In General.--
            [(1) Authorization to make grants.--In the case of 
        each State educational agency that in accordance with 
        section 1203 submits to the Secretary an application 
        for a 6-year period, the Secretary, from amounts 
        appropriated under section 1002(b)(1) and subject to 
        the application's approval, shall make a grant to the 
        State educational agency for the uses specified in 
        subsections (c) and (d). For each fiscal year, the 
        funds provided under the grant shall equal the 
        allotment determined for the State educational agency 
        under subsection (b).
            [(2) Duration of grants.--Subject to subsection 
        (e)(3), a grant under this section shall be awarded for 
        a period of not more than 6 years.
    [(b) Determination of Amount of Allotments.--
            [(1) Reservations from appropriations.--From the 
        total amount made available to carry out this subpart 
        for a fiscal year, the Secretary--
                    [(A) shall reserve 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 these outlying areas on 
                the basis of their relative need, as determined 
                by the Secretary in accordance with the 
                purposes of this subpart;
                    [(B) shall reserve 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 Affairs;
                    [(C) may reserve not more than 2\1/2\ 
                percent or $25,000,000, whichever is less, to 
                carry out section 1205 (relating to external 
                evaluation) and section 1206 (relating to 
                national activities);
                    [(D) shall reserve $5,000,000 to carry out 
                sections 1207 and 1224 (relating to information 
                dissemination); and
                    [(E) for any fiscal year, beginning with 
                fiscal year 2004, for which the amount 
                appropriated to carry out this subpart exceeds 
                the amount appropriated for fiscal year 2003, 
                shall reserve, to carry out section 1204, the 
                lesser of--
                            [(i) $90,000,000; or
                            [(ii) 10 percent of such excess 
                        amount.
            [(2) State allotments.--In accordance with 
        paragraph (3), the Secretary shall allot among each of 
        the States the total amount made available to carry out 
        this subpart for any fiscal year and not reserved under 
        paragraph (1).
            [(3) Determination of state allotment amounts.--
                    [(A) In general.--Subject to subparagraph 
                (B), the Secretary shall allot the amount made 
                available under paragraph (2) for a fiscal year 
                among the States in proportion to the number of 
                children, aged 5 to 17, who reside within the 
                State and are from families with incomes below 
                the poverty line for the most recent fiscal 
                year for which satisfactory data are available, 
                compared to the number of such individuals who 
                reside in all such States for that fiscal year.
                    [(B) Exceptions.--
                            [(i) Minimum grant amount.--Subject 
                        to clause (ii), no State receiving an 
                        allotment under subparagraph (A) may 
                        receive less than one-fourth of 1 
                        percent of the total amount allotted 
                        under such subparagraph.
                            [(ii) Puerto rico.--The percentage 
                        of the amount allotted under 
                        subparagraph (A) that is allotted to 
                        the Commonwealth of Puerto Rico for a 
                        fiscal year may not exceed the 
                        percentage that was received by the 
                        Commonwealth of Puerto Rico of the 
                        funds allocated to all States under 
                        subpart 2 of part A for the preceding 
                        fiscal year.
            [(4) Distribution of subgrants.--The Secretary may 
        make a grant to a State educational agency only if the 
        State educational agency agrees to expend at least 80 
        percent of the amount of the funds provided under the 
        grant for the purpose of making, in accordance with 
        subsection (c), competitive subgrants to eligible local 
        educational agencies.
            [(5) Reallotment.--If a State educational agency 
        described in paragraph (2) does not apply for an 
        allotment under this section for any fiscal year, or if 
        the State educational agency's application is not 
        approved, the Secretary shall reallot such amount to 
        the remaining State educational agencies in accordance 
        with paragraph (3).
            [(6) Definition of state.--For purposes of this 
        subsection, the term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.
    [(c) Subgrants to Local Educational Agencies.--
            [(1) Authorization to make subgrants.--In 
        accordance with paragraph (2), a State educational 
        agency that receives a grant under this section shall 
        make competitive subgrants to eligible local 
        educational agencies.
            [(2) Allocation.--
                    [(A) Minimum subgrant amount.--In making 
                subgrants under paragraph (1), a State 
                educational agency shall allocate to each 
                eligible local educational agency that receives 
                such a subgrant, at a minimum, an amount that 
                bears the same relation to the funds made 
                available under subsection (b)(4) as the amount 
                the eligible local educational agency received 
                under part A for the preceding fiscal year 
                bears to the amount all the local educational 
                agencies in the State received under part A for 
                the preceding fiscal year.
                    [(B) Priority.--In making subgrants under 
                paragraph (1), a State educational agency shall 
                give priority to eligible local educational 
                agencies in which at least--
                            [(i) 15 percent of the children 
                        served by the eligible local 
                        educational agency are from families 
                        with incomes below the poverty line; or
                            [(ii) 6,500 children served by the 
                        eligible local educational agency are 
                        from families with incomes below the 
                        poverty line.
            [(3) Notice.--A State educational agency receiving 
        a grant under this section shall provide notice to all 
        eligible local educational agencies in the State of the 
        availability of competitive subgrants under this 
        subsection and of the requirements for applying for the 
        subgrants.
            [(4) Local application.--To be eligible to receive 
        a subgrant under this subsection, an eligible 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.
            [(5) State requirement.--In distributing subgrant 
        funds to eligible local educational agencies under this 
        subsection, a State educational agency shall--
                    [(A) provide funds in sufficient size and 
                scope to enable the eligible local educational 
                agencies to improve reading instruction; and
                    [(B) provide the funds in amounts related 
                to the number or percentage of students in 
                kindergarten through grade 3 who are reading 
                below grade level.
            [(6) Limitation to certain schools.--In 
        distributing subgrant funds under this subsection, an 
        eligible local educational agency shall provide funds 
        only to schools that both--
                    [(A) are among the schools served by that 
                eligible local educational agency with the 
                highest percentages or numbers of students in 
                kindergarten through grade 3 reading below 
                grade level, based on the most currently 
                available data; and
                    [(B)(i) are identified for school 
                improvement under section 1116(b); or
                    [(ii) have the highest percentages or 
                numbers of children counted under section 
                1124(c).
            [(7) Local uses of funds.--
                    [(A) Required uses.--Subject to paragraph 
                (8), an eligible local educational agency that 
                receives a subgrant under this subsection shall 
                use the funds provided under the subgrant to 
                carry out the following activities:
                            [(i) Selecting and administering 
                        screening, diagnostic, and classroom-
                        based instructional reading 
                        assessments.
                            [(ii) Selecting and implementing a 
                        learning system or program of reading 
                        instruction based on scientifically 
                        based reading research that--
                                    [(I) includes the essential 
                                components of reading 
                                instruction; and
                                    [(II) provides such 
                                instruction to the children in 
                                kindergarten through grade 3 in 
                                the schools served by the 
                                eligible local educational 
                                agency, including children 
                                who--
                                            [(aa) may have 
                                        reading difficulties;
                                            [(bb) are at risk 
                                        of being referred to 
                                        special education based 
                                        on these difficulties;
                                            [(cc) have been 
                                        evaluated under section 
                                        614 of the Individuals 
                                        with Disabilities 
                                        Education Act but, in 
                                        accordance with section 
                                        614(b)(5) of that Act, 
                                        have not been 
                                        identified as being a 
                                        child with a disability 
                                        (as defined in section 
                                        602 of that Act);
                                            [(dd) are being 
                                        served under such Act 
                                        primarily due to being 
                                        identified as being a 
                                        child with a specific 
                                        learning disability (as 
                                        defined in section 602 
                                        of that Act) related to 
                                        reading;
                                            [(ee) are deficient 
                                        in the essential 
                                        components of reading 
                                        skills, as listed in 
                                        subparagraphs (A) 
                                        through (E) of section 
                                        1208(3); or
                                            [(ff) are 
                                        identified as having 
                                        limited English 
                                        proficiency.
                            [(iii) Procuring and implementing 
                        instructional materials, including 
                        education technology such as software 
                        and other digital curricula, that are 
                        based on scientifically based reading 
                        research.
                            [(iv) Providing professional 
                        development for teachers of 
                        kindergarten through grade 3, and 
                        special education teachers of 
                        kindergarten through grade 12, that--
                                    [(I) will prepare these 
                                teachers in all of the 
                                essential components of reading 
                                instruction;
                                    [(II) shall include--
                                            [(aa) information 
                                        on instructional 
                                        materials, programs, 
                                        strategies, and 
                                        approaches based on 
                                        scientifically based 
                                        reading research, 
                                        including early 
                                        intervention, classroom 
                                        reading materials, and 
                                        remedial programs and 
                                        approaches; and
                                            [(bb) instruction 
                                        in the use of 
                                        screening, diagnostic, 
                                        and classroom-based 
                                        instructional reading 
                                        assessments and other 
                                        procedures that 
                                        effectively identify 
                                        students who may be at 
                                        risk for reading 
                                        failure or who are 
                                        having difficulty 
                                        reading;
                                    [(III) shall be provided by 
                                eligible professional 
                                development providers; and
                                    [(IV) will assist teachers 
                                in becoming highly qualified in 
                                reading instruction in 
                                accordance with the 
                                requirements of section 1119.
                            [(v) Collecting and summarizing 
                        data--
                                    [(I) to document the 
                                effectiveness of activities 
                                carried out under this subpart 
                                in individual schools and in 
                                the local educational agency as 
                                a whole; and
                                    [(II) to stimulate and 
                                accelerate improvement by 
                                identifying the schools that 
                                produce significant gains in 
                                reading achievement.
                            [(vi) Reporting data for all 
                        students and categories of students 
                        described in section 
                        1111(b)(2)(C)(v)(II).
                            [(vii) Promoting reading and 
                        library programs that provide access to 
                        engaging reading material, including 
                        coordination with programs funded 
                        through grants received under subpart 
                        4, where applicable.
                    [(B) Additional uses.--Subject to paragraph 
                (8), an eligible local educational agency that 
                receives a subgrant under this subsection may 
                use the funds provided under the subgrant to 
                carry out the following activities:
                            [(i) Humanities-based family 
                        literacy programs (which may be 
                        referred to as ``Prime Time Family 
                        Reading Time'') that bond families 
                        around the acts of reading and using 
                        public libraries.
                            [(ii) Providing training in the 
                        essential components of reading 
                        instruction to a parent or other 
                        individual who volunteers to be a 
                        student's reading tutor, to enable such 
                        parent or individual to support 
                        instructional practices that are based 
                        on scientifically based reading 
                        research and are being used by the 
                        student's teacher.
                            [(iii) Assisting parents, through 
                        the use of materials and reading 
                        programs, strategies, and approaches 
                        (including family literacy services) 
                        that are based on scientifically based 
                        reading research, to encourage reading 
                        and support their child's reading 
                        development.
            [(8) Local planning and administration.--An 
        eligible local educational agency that receives a 
        subgrant under this subsection may use not more than 
        3.5 percent of the funds provided under the subgrant 
        for planning and administration.
    [(d) State Uses of Funds.--
            [(1) In general.--A State educational agency that 
        receives a grant under this section may expend not more 
        than a total of 20 percent of the grant funds to carry 
        out the activities described in paragraphs (3), (4), 
        and (5).
            [(2) Priority.--A State educational agency shall 
        give priority to carrying out the activities described 
        in paragraphs (3), (4), and (5) for schools described 
        in subsection (c)(6).
            [(3) Professional inservice and preservice 
        development and review.--A State educational agency may 
        expend not more than 65 percent of the amount of the 
        funds made available under paragraph (1)--
                    [(A) to develop and implement a program of 
                professional development for teachers, 
                including special education teachers, of 
                kindergarten through grade 3 that--
                            [(i) will prepare these teachers in 
                        all the essential components of reading 
                        instruction;
                            [(ii) shall include--
                                    [(I) information on 
                                instructional materials, 
                                programs, strategies, and 
                                approaches based on 
                                scientifically based reading 
                                research, including early 
                                intervention and reading 
                                remediation materials, 
                                programs, and approaches; and
                                    [(II) instruction in the 
                                use of screening, diagnostic, 
                                and classroom-based 
                                instructional reading 
                                assessments and other 
                                scientifically based procedures 
                                that effectively identify 
                                students who may be at risk for 
                                reading failure or who are 
                                having difficulty reading; and
                            [(iii) shall be provided by 
                        eligible professional development 
                        providers;
                    [(B) to strengthen and enhance preservice 
                courses for students preparing, at all public 
                institutions of higher education in the State, 
                to teach kindergarten through grade 3 by--
                            [(i) reviewing such courses to 
                        determine whether the courses' content 
                        is consistent with the findings of the 
                        most current scientifically based 
                        reading research, including findings on 
                        the essential components of reading 
                        instruction;
                            [(ii) following up such reviews 
                        with recommendations to ensure that 
                        such institutions offer courses that 
                        meet the highest standards; and
                            [(iii) preparing a report on the 
                        results of such reviews, submitting the 
                        report to the reading and literacy 
                        partnership for the State established 
                        under section 1203(d), and making the 
                        report available for public review by 
                        means of the Internet; and
                    [(C) to make recommendations on how the 
                State licensure and certification standards in 
                the area of reading might be improved.
            [(4) Technical assistance for local educational 
        agencies and schools.--A State educational agency may 
        expend not more than 25 percent of the amount of the 
        funds made available under paragraph (1) for one or 
        more of the following:
                    [(A) Assisting local educational agencies 
                in accomplishing the tasks required to design 
                and implement a program under this subpart, 
                including--
                            [(i) selecting and implementing a 
                        program or programs of reading 
                        instruction based on scientifically 
                        based reading research;
                            [(ii) selecting screening, 
                        diagnostic, and classroom-based 
                        instructional reading assessments; and
                            [(iii) identifying eligible 
                        professional development providers to 
                        help prepare reading teachers to teach 
                        students using the programs and 
                        assessments described in clauses (i) 
                        and (ii).
                    [(B) Providing expanded opportunities to 
                students in kindergarten through grade 3 who 
                are served by eligible local educational 
                agencies for receiving reading assistance from 
                alternative providers that includes--
                            [(i) screening, diagnostic, and 
                        classroom-based instructional reading 
                        assessments; and
                            [(ii) as need is indicated by the 
                        assessments under clause (i), 
                        instruction based on scientifically 
                        based reading research that includes 
                        the essential components of reading 
                        instruction.
            [(5) Planning, administration, and reporting.--
                    [(A) Expenditure of funds.--A State 
                educational agency may expend not more than 10 
                percent of the amount of funds made available 
                under paragraph (1) for the activities 
                described in this paragraph.
                    [(B) Planning and administration.--A State 
                educational agency that receives a grant under 
                this section may expend funds made available 
                under subparagraph (A) for planning and 
                administration relating to the State uses of 
                funds authorized under this subpart, including 
                the following:
                            [(i) Administering the distribution 
                        of competitive subgrants to eligible 
                        local educational agencies under 
                        subsection (c) and section 1204(d).
                            [(ii) Assessing and evaluating, on 
                        a regular basis, eligible local 
                        educational agency activities assisted 
                        under this subpart, with respect to 
                        whether they have been effective in 
                        increasing the number of children in 
                        grades 1, 2, and 3 served under this 
                        subpart who can read at or above grade 
                        level.
                    [(C) Annual reporting.--
                            [(i) In general.--A State 
                        educational agency that receives a 
                        grant under this section shall expend 
                        funds made available under subparagraph 
                        (A) to provide the Secretary annually 
                        with a report on the implementation of 
                        this subpart.
                            [(ii) Information included.--Each 
                        report under this subparagraph shall 
                        include information on the following:
                                    [(I) Evidence that the 
                                State educational agency is 
                                fulfilling its obligations 
                                under this subpart.
                                    [(II) Specific 
                                identification of those schools 
                                and local educational agencies 
                                that report the largest gains 
                                in reading achievement.
                                    [(III) The progress the 
                                State educational agency and 
                                local educational agencies 
                                within the State are making in 
                                reducing the number of students 
                                served under this subpart in 
                                grades 1, 2, and 3 who are 
                                reading below grade level, as 
                                demonstrated by such 
                                information as teacher reports 
                                and school evaluations of 
                                mastery of the essential 
                                components of reading 
                                instruction.
                                    [(IV) Evidence on whether 
                                the State educational agency 
                                and local educational agencies 
                                within the State have 
                                significantly increased the 
                                number of students reading at 
                                grade level or above, 
                                significantly increased the 
                                percentages of students 
                                described in section 
                                1111(b)(2)(C)(v)(II) who are 
                                reading at grade level or 
                                above, and successfully 
                                implemented this subpart.
                            [(iii) Privacy protection.--Data in 
                        the report shall be reported in a 
                        manner that protects the privacy of 
                        individuals.
                            [(iv) Contract.--To the extent 
                        practicable, a State educational agency 
                        shall enter into a contract with an 
                        entity that conducts scientifically 
                        based reading research, under which 
                        contract the entity will assist the 
                        State educational agency in producing 
                        the reports required to be submitted 
                        under this subparagraph.
    [(e) Review.--
            [(1) Progress report.--
                    [(A) Submission.--Not later than 60 days 
                after the termination of the third year of the 
                grant period, each State educational agency 
                receiving a grant under this section shall 
                submit a progress report to the Secretary.
                    [(B) Information included.--The progress 
                report shall include information on the 
                progress the State educational agency and local 
                educational agencies within the State are 
                making in reducing the number of students 
                served under this subpart in grades 1, 2, and 3 
                who are reading below grade level (as 
                demonstrated by such information as teacher 
                reports and school evaluations of mastery of 
                the essential components of reading 
                instruction). The report shall also include 
                evidence from the State educational agency and 
                local educational agencies within the State 
                that the State educational agency and the local 
                educational agencies have significantly 
                increased the number of students reading at 
                grade level or above, significantly increased 
                the percentages of students described in 
                section 1111(b)(2)(C)(v)(II) who are reading at 
                grade level or above, and successfully 
                implemented this subpart.
            [(2) Peer review.--The progress report described in 
        paragraph (1) shall be reviewed by the peer review 
        panel convened under section 1203(c)(2).
            [(3) Consequences of insufficient progress.--After 
        submission of the progress report described in 
        paragraph (1), if the Secretary determines that the 
        State educational agency is not making significant 
        progress in meeting the purposes of this subpart, the 
        Secretary may withhold from the State educational 
        agency, in whole or in part, further payments under 
        this section in accordance with section 455 of the 
        General Education Provisions Act or take such other 
        action authorized by law as the Secretary determines 
        necessary, including providing technical assistance 
        upon request of the State educational agency.
    [(f) Funds not Used for State Level Activities.--Any 
portion of funds described in subsection (d)(1) that a State 
educational agency does not expend in accordance with 
subsection (d)(1) shall be expended for the purpose of making 
subgrants in accordance with subsection (c).
    [(g) Supplement, not Supplant.--A State or local 
educational agency shall use funds received under this subpart 
only to supplement the level of non-Federal funds that, in the 
absence of funds under this subpart, would be expended for 
activities authorized under this subpart, and not to supplant 
those non-Federal funds.

[SEC. 1203. STATE FORMULA GRANT APPLICATIONS.

    [(a) Applications.--
            [(1) In general.--A State educational agency that 
        desires to receive a grant under section 1202 shall 
        submit an application to the Secretary at such time and 
        in such form as the Secretary may require. The 
        application shall contain the information described in 
        subsection (b).
            [(2) Special application provisions.--For those 
        State educational agencies that have received a grant 
        under part C of title II (as such part was in effect on 
        the day before the date of enactment of the No Child 
        Left Behind Act of 2001), the Secretary shall establish 
        a modified set of requirements for an application under 
        this section that takes into account the information 
        already submitted and approved under that program and 
        minimizes the duplication of effort on the part of such 
        State educational agencies.
    [(b) Contents.--An application under this section shall 
contain the following:
            [(1) An assurance that the Governor of the State, 
        in consultation with the State educational agency, has 
        established a reading and literacy partnership 
        described in subsection (d), and a description of how 
        such partnership--
                    [(A) coordinated the development of the 
                application; and
                    [(B) will assist in the oversight and 
                evaluation of the State educational agency's 
                activities under this subpart.
            [(2) A description, if applicable, of the State's 
        strategy to expand, continue, or modify activities 
        authorized under part C of title II (as such part was 
        in effect on the day before the date of enactment of 
        the No Child Left Behind Act of 2001).
            [(3) An assurance that the State educational 
        agency, and any local educational agencies receiving a 
        subgrant from that State educational agency under 
        section 1202, will, if requested, participate in the 
        external evaluation under section 1205.
            [(4) A State educational agency plan containing a 
        description of the following:
                    [(A) How the State educational agency will 
                assist local educational agencies in 
                identifying screening, diagnostic, and 
                classroom-based instructional reading 
                assessments.
                    [(B) How the State educational agency will 
                assist local educational agencies in 
                identifying instructional materials, programs, 
                strategies, and approaches, based on 
                scientifically based reading research, 
                including early intervention and reading 
                remediation materials, programs, and 
                approaches.
                    [(C) How the State educational agency will 
                ensure that professional development activities 
                related to reading instruction and provided 
                under section 1202 are--
                            [(i) coordinated with other 
                        Federal, State, and local level funds, 
                        and used effectively to improve 
                        instructional practices for reading; 
                        and
                            [(ii) based on scientifically based 
                        reading research.
                    [(D) How the activities assisted under 
                section 1202 will address the needs of teachers 
                and other instructional staff in implementing 
                the essential components of reading 
                instruction.
                    [(E) How subgrants made by the State 
                educational agency under section 1202 will meet 
                the requirements of section 1202, including how 
                the State educational agency will ensure that 
                eligible local educational agencies receiving 
                subgrants under section 1202 will use practices 
                based on scientifically based reading research.
                    [(F) How the State educational agency will, 
                to the extent practicable, make grants to 
                eligible local educational agencies in both 
                rural and urban areas.
                    [(G) How the State educational agency will 
                build on, and promote coordination among 
                literacy programs in the State (including 
                federally funded programs such as programs 
                under the Adult Education and Family Literacy 
                Act, the Individuals with Disabilities 
                Education Act, and subpart 2), to increase the 
                effectiveness of the programs in improving 
                reading for adults and children and to avoid 
                duplication of the efforts of the program.
                    [(H) How the State educational agency will 
                assess and evaluate, on a regular basis, 
                eligible local educational agency activities 
                assisted under section 1202, with respect to 
                whether the activities have been effective in 
                achieving the purposes of section 1202.
                    [(I) Any other information that the 
                Secretary may reasonably require.
    [(c) Approval of Applications.--
            [(1) In general.--The Secretary shall approve an 
        application of a State educational agency under this 
        section only if such application meets the requirements 
        of this section.
            [(2) Peer review.--
                    [(A) In general.--The Secretary, in 
                consultation with the National Institute for 
                Literacy, shall convene a panel to evaluate 
                applications under this section. At a minimum, 
                the panel shall include--
                            [(i) three individuals selected by 
                        the Secretary;
                            [(ii) three individuals selected by 
                        the National Institute for Literacy;
                            [(iii) three individuals selected 
                        by the National Research Council of the 
                        National Academy of Sciences; and
                            [(iv) three individuals selected by 
                        the Eunice Kennedy Shriver National 
                        Institute of Child Health and Human 
                        Development.]
                    [(A) In general.--The Secretary shall 
                convene a panel to evaluate applications under 
                this section. At a minimum, the panel shall 
                include--
                            [(i) three individuals selected by 
                        the Secretary;
                            [(ii) three individuals selected by 
                        the National Research Council of the 
                        National Academy of Sciences; and
                            [(iii) three individuals selected 
                        by the Eunice Kennedy Shriver National 
                        Institute of Child Health and Human 
                        Development.
                    [(B) Experts.--The panel shall include--
                            [(i) experts who are competent, by 
                        virtue of their training, expertise, or 
                        experience, to evaluate applications 
                        under this section;
                            [(ii) experts who provide 
                        professional development to individuals 
                        who teach reading to children and 
                        adults based on scientifically based 
                        reading research;
                            [(iii) experts who provide 
                        professional development to other 
                        instructional staff based on 
                        scientifically based reading research; 
                        and
                            [(iv) an individual who has 
                        expertise in screening, diagnostic, and 
                        classroom-based instructional reading 
                        assessments.
                    [(C) Recommendations.--The panel shall 
                recommend grant applications from State 
                educational agencies under this section to the 
                Secretary for funding or for disapproval.
    [(d) Reading and Literacy Partnerships.--
            [(1) In general.--For a State educational agency to 
        receive a grant under section 1202, the Governor of the 
        State, in consultation with the State educational 
        agency, shall establish a reading and literacy 
        partnership.
            [(2) Required participants.--The reading and 
        literacy partnership shall include the following 
        participants:
                    [(A) The Governor of the State.
                    [(B) The chief State school officer.
                    [(C) The chairman and the ranking member of 
                each committee of the State legislature that is 
                responsible for education policy.
                    [(D) A representative, selected jointly by 
                the Governor and the chief State school 
                officer, of at least one eligible local 
                educational agency.
                    [(E) A representative, selected jointly by 
                the Governor and the chief State school 
                officer, of a community-based organization 
                working with children to improve their reading 
                skills, particularly a community-based 
                organization using tutors and scientifically 
                based reading research.
                    [(F) State directors of appropriate Federal 
                or State programs with a strong reading 
                component, selected jointly by the Governor and 
                the chief State school officer.
                    [(G) A parent of a public or private school 
                student or a parent who educates the parent's 
                child in the parent's home, selected jointly by 
                the Governor and the chief State school 
                officer.
                    [(H) A teacher, who may be a special 
                education teacher, who successfully teaches 
                reading, and another instructional staff 
                member, selected jointly by the Governor and 
                the chief State school officer.
                    [(I) A family literacy service provider 
                selected jointly by the Governor and the chief 
                State school officer.
            [(3) Optional participants.--The reading and 
        literacy partnership may include additional 
        participants, who shall be selected jointly by the 
        Governor and the chief State school officer, and who 
        may include a representative of--
                    [(A) an institution of higher education 
                operating a program of teacher preparation in 
                the State that is based on scientifically based 
                reading research;
                    [(B) a local educational agency;
                    [(C) a private nonprofit or for-profit 
                eligible professional development provider 
                providing instruction based on scientifically 
                based reading research;
                    [(D) an adult education provider;
                    [(E) a volunteer organization that is 
                involved in reading programs; or
                    [(F) a school library or a public library 
                that offers reading or literacy programs for 
                children or families.
            [(4) Preexisting partnership.--If, before the date 
        of enactment of the No Child Left Behind Act of 2001, a 
        State educational agency established a consortium, 
        partnership, or any other similar body that was 
        considered a reading and literacy partnership for 
        purposes of part C of title II of this Act (as such 
        part was in effect on the day before the date of 
        enactment of No Child Left Behind Act of 2001), that 
        consortium, partnership, or body may be considered a 
        reading and literacy partnership for purposes of this 
        subsection consistent with the provisions of this 
        subpart.

[SEC. 1204. TARGETED ASSISTANCE GRANTS.

    [(a) Eligibility Criteria for Awarding Targeted Assistance 
Grants to States.--Beginning with fiscal year 2004, from funds 
appropriated under section 1202(b)(1)(E), the Secretary shall 
make grants, on a competitive basis, to those State educational 
agencies that--
            [(1) for each of 2 consecutive years, demonstrate 
        that an increasing percentage of third graders in each 
        of the groups described in section 1111(b)(2)(C)(v)(II) 
        in the schools served by the local educational agencies 
        receiving funds under section 1202 are reaching the 
        proficient level in reading; and
            [(2) for each of the same such consecutive 2 years, 
        demonstrate that schools receiving funds under section 
        1202 are improving the reading skills of students in 
        grades 1, 2, and 3 based on screening, diagnostic, and 
        classroom-based instructional reading assessments.
    [(b) Continuation of Performance Awards.--For any State 
educational agency that receives a competitive grant under this 
section, the Secretary shall make an award for each of the 
succeeding years that the State educational agency demonstrates 
it is continuing to meet the criteria described in subsection 
(a).
    [(c) Distribution of Targeted Assistance Grants.--
            [(1) In general.--The Secretary shall make a grant 
        to each State educational agency with an application 
        approved under this section in an amount that bears the 
        same relation to the amount made available to carry out 
        this section for a fiscal year as the number of 
        children counted under section 1124(c) for the State 
        bears to the number of such children so counted for all 
        States with applications approved for that year.
            [(2) Peer review.--The peer review panel convened 
        under section 1203(c)(2) shall review the applications 
        submitted under this subsection. The panel shall 
        recommend such applications to the Secretary for 
        funding or for disapproval.
            [(3) Application contents.--A State educational 
        agency that desires to receive a grant under this 
        section shall submit an application to the Secretary at 
        such time, in such manner, and accompanied by such 
        information as the Secretary may require. Each such 
        application shall include the following:
                    [(A) Evidence that the State educational 
                agency has carried out its obligations under 
                section 1203.
                    [(B) Evidence that the State educational 
                agency has met the criteria described in 
                subsection (a).
                    [(C) The amount of funds requested by the 
                State educational agency and a description of 
                the criteria the State educational agency 
                intends to use in distributing subgrants to 
                eligible local educational agencies under this 
                section to continue or expand activities under 
                subsection (d)(5).
                    [(D) Evidence that the State educational 
                agency has increased significantly the 
                percentage of students reading at grade level 
                or above.
                    [(E) Any additional evidence that 
                demonstrates success in the implementation of 
                this section.
    [(d) Subgrants to Eligible Local Educational Agencies.--
            [(1) In general.--The Secretary may make a grant to 
        a State educational agency under this section only if 
        the State educational agency agrees to expend 100 
        percent of the amount of the funds provided under the 
        grant for the purpose of making competitive subgrants 
        in accordance with this subsection to eligible local 
        educational agencies.
            [(2) Notice.--A State educational agency receiving 
        a grant under this section shall provide notice to all 
        local educational agencies in the State of the 
        availability of competitive subgrants under this 
        subsection and of the requirements for applying for the 
        subgrants.
            [(3) Application.--To be eligible to receive a 
        subgrant under this subsection, an eligible 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.
            [(4) Distribution.--
                    [(A) In general.--A State educational 
                agency shall distribute subgrants under this 
                section through a competitive process based on 
                relative need of eligible local educational 
                agencies and the evidence described in this 
                paragraph.
                    [(B) Evidence used in all years.--For all 
                fiscal years, a State educational agency shall 
                distribute subgrants under this section based 
                on evidence that an eligible local educational 
                agency--
                            [(i) satisfies the requirements of 
                        section 1202(c)(4);
                            [(ii) will carry out its 
                        obligations under this subpart;
                            [(iii) will work with other local 
                        educational agencies in the State that 
                        have not received a subgrant under this 
                        subsection to assist such nonreceiving 
                        agencies in increasing the reading 
                        achievement of students; and
                            [(iv) is meeting the criteria 
                        described in subsection (a).
            [(5) Local uses of funds.--An eligible local 
        educational agency that receives a subgrant under this 
        subsection--
                    [(A) shall use the funds provided under the 
                subgrant to carry out the activities described 
                in section 1202(c)(7)(A); and
                    [(B) may use such funds to carry out the 
                activities described in section 1202(c)(7)(B).

[SEC. 1205. EXTERNAL EVALUATION.

    [(a) In General.--From funds reserved under section 
1202(b)(1)(C), the Secretary shall contract with an independent 
organization outside of the Department for a 5-year, rigorous, 
scientifically valid, quantitative evaluation of this subpart.
    [(b) Process.--The evaluation under subsection (a) shall be 
conducted by an organization that is capable of designing and 
carrying out an independent evaluation that identifies the 
effects of specific activities carried out by State educational 
agencies and local educational agencies under this subpart on 
improving reading instruction. Such evaluation shall take into 
account factors influencing student performance that are not 
controlled by teachers or education administrators.
    [(c) Analysis.--The evaluation under subsection (a) shall 
include the following:
            [(1) An analysis of the relationship between each 
        of the essential components of reading instruction and 
        overall reading proficiency.
            [(2) An analysis of whether assessment tools used 
        by State educational agencies and local educational 
        agencies measure the essential components of reading.
            [(3) An analysis of how State reading standards 
        correlate with the essential components of reading 
        instruction.
            [(4) An analysis of whether the receipt of a 
        targeted assistance grant under section 1204 results in 
        an increase in the number of children who read 
        proficiently.
            [(5) A measurement of the extent to which specific 
        instructional materials improve reading proficiency.
            [(6) A measurement of the extent to which specific 
        screening, diagnostic, and classroom-based 
        instructional reading assessments assist teachers in 
        identifying specific reading deficiencies.
            [(7) A measurement of the extent to which 
        professional development programs implemented by State 
        educational agencies using funds received under this 
        subpart improve reading instruction.
            [(8) A measurement of how well students preparing 
        to enter the teaching profession are prepared to teach 
        the essential components of reading instruction.
            [(9) An analysis of changes in students' interest 
        in reading and time spent reading outside of school.
            [(10) Any other analysis or measurement pertinent 
        to this subpart that is determined to be appropriate by 
        the Secretary.
    [(d) Program Improvement.--The findings of the evaluation 
conducted under this section shall be provided to State 
educational agencies and local educational agencies on a 
periodic basis for use in program improvement.

[SEC. 1206. NATIONAL ACTIVITIES.

    [From funds reserved under section 1202(b)(1)(C), the 
Secretary--
            [(1) may provide technical assistance in achieving 
        the purposes of this subpart to State educational 
        agencies, local educational agencies, and schools 
        requesting such assistance;
            [(2) shall, at a minimum, evaluate the impact of 
        services provided to children under this subpart with 
        respect to their referral to, and eligibility for, 
        special education services under the Individuals with 
        Disabilities Education Act (based on their difficulties 
        learning to read); and
            [(3) shall carry out the external evaluation as 
        described in section 1205.

[SEC. 1207. INFORMATION DISSEMINATION.

    [(a) In General.--From funds reserved under section 
1202(b)(1)(D), the National Institute for Literacy, in 
collaboration with the Secretary of Education, the Secretary of 
Health and Human Services, and the Director of the Eunice 
Kennedy Shriver National Institute of Child Health and Human 
Development shall--
            [(1) disseminate information on scientifically 
        based reading research pertaining to children, youth, 
        and adults;
            [(2) identify and disseminate information about 
        schools, local educational agencies, and State 
        educational agencies that have effectively developed 
        and implemented classroom reading programs that meet 
        the requirements of this subpart, including those State 
        educational agencies, local educational agencies, and 
        schools that have been identified as effective through 
        the evaluation and peer review provisions of this 
        subpart; and
            [(3) support the continued identification and 
        dissemination of information on reading programs that 
        contain the essential components of reading instruction 
        as supported by scientifically based reading research, 
        that can lead to improved reading outcomes for 
        children, youth, and adults.
    [(b) Dissemination and Coordination.--At a minimum, the 
National Institute for Literacy shall disseminate the 
information described in subsection (a) to--
            [(1) recipients of Federal financial assistance 
        under this title, title III, the Head Start Act, the 
        Individuals with Disabilities Education Act, and the 
        Adult Education and Family Literacy Act; and
            [(2) each Bureau funded school (as defined in 
        section 1141 of the Education Amendments of 1978).
    [(c) Use of Existing Networks.--In carrying out this 
section, the National Institute for Literacy shall, to the 
extent practicable, use existing information and dissemination 
networks developed and maintained through other public and 
private entities including through the Department and the 
National Center for Family Literacy.
    [(d) National Institute for Literacy.--For purposes of 
funds reserved under section 1202(b)(1)(D) to carry out this 
section, the National Institute for Literacy shall administer 
such funds in accordance with section 242(b) of Public Law 105-
220 (relating to the establishment and administration of the 
National Institute for Literacy).

[SEC. 1208. DEFINITIONS.

     [In this subpart:
            [(1) Eligible local educational agency.--The term 
        ``eligible local educational agency'' means a local 
        educational agency that--
                    [(A) is among the local educational 
                agencies in the State with the highest numbers 
                or percentages of students in kindergarten 
                through grade 3 reading below grade level, 
                based on the most currently available data; and
                    [(B) has--
                            [(i) jurisdiction over a geographic 
                        area that includes an area designated 
                        as an empowerment zone, or an 
                        enterprise community, under part I of 
                        subchapter U of chapter 1 of the 
                        Internal Revenue Code of 1986;
                            [(ii) jurisdiction over a 
                        significant number or percentage of 
                        schools that are identified for school 
                        improvement under section 1116(b); or
                            [(iii) the highest numbers or 
                        percentages of children who are counted 
                        under section 1124(c), in comparison to 
                        other local educational agencies in the 
                        State.
            [(2) Eligible professional development provider.--
        The term ``eligible professional development provider'' 
        means a provider of professional development in reading 
        instruction to teachers, including special education 
        teachers, that is based on scientifically based reading 
        research.
            [(3) 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.
            [(4) Instructional staff.--The term ``instructional 
        staff''--
                    [(A) means individuals who have 
                responsibility for teaching children to read; 
                and
                    [(B) includes principals, teachers, 
                supervisors of instruction, librarians, library 
                school media specialists, teachers of academic 
                subjects other than reading, and other 
                individuals who have responsibility for 
                assisting children to learn to read.
            [(5) Reading.--The term ``reading'' means a complex 
        system of deriving meaning from print that requires all 
        of the following:
                    [(A) The skills and knowledge to understand 
                how phonemes, or speech sounds, are connected 
                to print.
                    [(B) The ability to decode unfamiliar 
                words.
                    [(C) The ability to read fluently.
                    [(D) Sufficient background information and 
                vocabulary to foster reading comprehension.
                    [(E) The development of appropriate active 
                strategies to construct meaning from print.
                    [(F) The development and maintenance of a 
                motivation to read.
            [(6) Scientifically based reading research.--The 
        term ``scientifically based reading research'' means 
        research that--
                    [(A) applies rigorous, systematic, and 
                objective procedures to obtain valid knowledge 
                relevant to reading development, reading 
                instruction, and reading difficulties; and
                    [(B) includes research that--
                            [(i) employs systematic, 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.
            [(7) Screening, diagnostic, and classroom-based 
        instructional reading assessments.--
                    [(A) In general.--The term ``screening, 
                diagnostic, and classroom-based instructional 
                reading assessments'' means--
                            [(i) screening reading assessments;
                            [(ii) diagnostic reading 
                        assessments; and
                            [(iii) classroom-based 
                        instructional reading assessments.
                    [(B) Screening reading assessment.--The 
                term ``screening reading assessment'' means an 
                assessment that is--
                            [(i) valid, reliable, and based on 
                        scientifically based reading research; 
                        and
                            [(ii) a brief procedure designed as 
                        a first step in identifying children 
                        who may be at high risk for delayed 
                        development or academic failure and in 
                        need of further diagnosis of their need 
                        for special services or additional 
                        reading instruction.
                    [(C) Diagnostic reading assessment.--The 
                term ``diagnostic reading assessment'' means an 
                assessment that is--
                            [(i) valid, reliable, and based on 
                        scientifically based reading research; 
                        and
                            [(ii) used for the purpose of--
                                    [(I) identifying a child's 
                                specific areas of strengths and 
                                weaknesses so that the child 
                                has learned to read by the end 
                                of grade 3;
                                    [(II) determining any 
                                difficulties that a child may 
                                have in learning to read and 
                                the potential cause of such 
                                difficulties; and
                                    [(III) helping to determine 
                                possible reading intervention 
                                strategies and related special 
                                needs.
                    [(D) Classroom-based instructional reading 
                assessment.--The term ``classroom-based 
                instructional reading assessment'' means an 
                assessment that--
                            [(i) evaluates children's learning 
                        based on systematic observations by 
                        teachers of children performing 
                        academic tasks that are part of their 
                        daily classroom experience; and
                            [(ii) is used to improve 
                        instruction in reading, including 
                        classroom instruction.

                    [Subpart 2--Early Reading First]

[SEC. 1221. PURPOSES; DEFINITIONS.

    [(a) Purposes.--The purposes of this subpart are as 
follows:
            [(1) To support local efforts to enhance the early 
        language, literacy, and prereading development of 
        preschool age children, particularly those from low-
        income families, through strategies and professional 
        development that are based on scientifically based 
        reading research.
            [(2) To provide preschool age children with 
        cognitive learning opportunities in high-quality 
        language and literature-rich environments, so that the 
        children can attain the fundamental knowledge and 
        skills necessary for optimal reading development in 
        kindergarten and beyond.
            [(3) To demonstrate language and literacy 
        activities based on scientifically based reading 
        research that supports the age-appropriate development 
        of--
                    [(A) recognition, leading to automatic 
                recognition, of letters of the alphabet;
                    [(B) knowledge of letter sounds, the 
                blending of sounds, and the use of increasingly 
                complex vocabulary;
                    [(C) an understanding that written language 
                is composed of phonemes and letters each 
                representing one or more speech sounds that in 
                combination make up syllables, words, and 
                sentences;
                    [(D) spoken language, including vocabulary 
                and oral comprehension abilities; and
                    [(E) knowledge of the purposes and 
                conventions of print.
            [(4) To use screening assessments to effectively 
        identify preschool age children who may be at risk for 
        reading failure.
            [(5) To integrate such scientific reading research-
        based instructional materials and literacy activities 
        with existing programs of preschools, child care 
        agencies and programs, Head Start centers, and family 
        literacy services.
    [(b) Definitions.--For purposes of this subpart:
            [(1) Eligible applicant.--The term ``eligible 
        applicant'' means--
                    [(A) one or more local educational agencies 
                that are eligible to receive a subgrant under 
                subpart 1;
                    [(B) one or more public or private 
                organizations or agencies, acting on behalf of 
                one or more programs that serve preschool age 
                children (such as a program at a Head Start 
                center, a child care program, or a family 
                literacy program), which organizations or 
                agencies shall be located in a community served 
                by a local educational agency described in 
                subparagraph (A); or
                    [(C) one or more local educational agencies 
                described in subparagraph (A) in collaboration 
                with one or more organizations or agencies 
                described in subparagraph (B).
            [(2) Scientifically based reading research.--The 
        term ``scientifically based reading research'' has the 
        same meaning given to that term in section 1208.
            [(3) Screening reading assessment.--The term 
        ``screening reading assessment'' has the same meaning 
        given to that term in section 1208.

[SEC. 1222. LOCAL EARLY READING FIRST GRANTS.

    [(a) Program Authorized.--From amounts appropriated under 
section 1002(b)(2), the Secretary shall award grants, on a 
competitive basis, for periods of not more than 6 years, to 
eligible applicants to enable the eligible applicants to carry 
out the authorized activities described in subsection (d).
    [(b) Applications.--An eligible applicant that desires to 
receive a grant under this section shall submit an application 
to the Secretary, which shall include a description of--
            [(1) the programs to be served by the proposed 
        project, including demographic and socioeconomic 
        information on the preschool age children enrolled in 
        the programs;
            [(2) how the proposed project will enhance the 
        school readiness of preschool age children in high-
        quality oral language and literature-rich environments;
            [(3) how the proposed project will prepare and 
        provide ongoing assistance to staff in the programs, 
        through professional development and other support, to 
        provide high-quality language, literacy, and prereading 
        activities using scientifically based reading research, 
        for preschool age children;
            [(4) how the proposed project will provide services 
        and use instructional materials that are based on 
        scientifically based reading research on early language 
        acquisition, prereading activities, and the development 
        of spoken vocabulary skills;
            [(5) how the proposed project will help staff in 
        the programs to meet more effectively the diverse needs 
        of preschool age children in the community, including 
        such children with limited English proficiency, 
        disabilities, or other special needs;
            [(6) how the proposed project will integrate such 
        instructional materials and literacy activities with 
        existing preschool programs and family literacy 
        services;
            [(7) how the proposed project will help children, 
        particularly children experiencing difficulty with 
        spoken language, prereading, and early reading skills, 
        to make the transition from preschool to formal 
        classroom instruction in school;
            [(8) if the eligible applicant has received a 
        subgrant under subpart 1, how the activities conducted 
        under this subpart will be coordinated with the 
        eligible applicant's activities under subpart 1 at the 
        kindergarten through grade 3 level;
            [(9) how the proposed project will evaluate the 
        success of the activities supported under this subpart 
        in enhancing the early language, literacy, and 
        prereading development of preschool age children served 
        by the project; and
            [(10) such other information as the Secretary may 
        require.
    [(c) Approval of Local Applications.--The Secretary shall 
select applicants for funding under this subpart based on the 
quality of the applications and the recommendations of a peer 
review panel convened under section 1203(c)(2), that includes, 
at a minimum, three individuals, selected from the entities 
described in clauses (ii), (iii), and (iv) of section 
1203(c)(2)(A), who are experts in early reading development and 
early childhood development.
    [(d) Authorized Activities.--An eligible applicant that 
receives a grant under this subpart shall use the funds 
provided under the grant to carry out the following activities:
            [(1) Providing preschool age children with high-
        quality oral language and literature-rich environments 
        in which to acquire language and prereading skills.
            [(2) Providing professional development that is 
        based on scientifically based reading research 
        knowledge of early language and reading development for 
        the staff of the eligible applicant and that will 
        assist in developing the preschool age children's--
                    [(A) recognition, leading to automatic 
                recognition, of letters of the alphabet, 
                knowledge of letters, sounds, blending of 
                letter sounds, and increasingly complex 
                vocabulary;
                    [(B) understanding that written language is 
                composed of phonemes and letters each 
                representing one or more speech sounds that in 
                combination make up syllables, words, and 
                sentences;
                    [(C) spoken language, including vocabulary 
                and oral comprehension abilities; and
                    [(D) knowledge of the purposes and 
                conventions of print.
            [(3) Identifying and providing activities and 
        instructional materials that are based on 
        scientifically based reading research for use in 
        developing the skills and abilities described in 
        paragraph (2).
            [(4) Acquiring, providing training for, and 
        implementing screening reading assessments or other 
        appropriate measures that are based on scientifically 
        based reading research to determine whether preschool 
        age children are developing the skills described in 
        this subsection.
            [(5) Integrating such instructional materials, 
        activities, tools, and measures into the programs 
        offered by the eligible applicant.
    [(e) Award Amounts.--The Secretary may establish a maximum 
award amount, or ranges of award amounts, for grants under this 
subpart.

[SEC. 1223. FEDERAL ADMINISTRATION.

    [The Secretary shall consult with the Secretary of Health 
and Human Services to coordinate the activities under this 
subpart with preschool age programs administered by the 
Department of Health and Human Services.

[SEC. 1224. INFORMATION DISSEMINATION.

    [From the funds the National Institute for Literacy 
receives under section 1202(b)(1)(D), the National Institute 
for Literacy, in consultation with the Secretary, shall 
disseminate information regarding projects assisted under this 
subpart that have proven effective.

[SEC. 1225. REPORTING REQUIREMENTS.

     [Each eligible applicant receiving a grant under this 
subpart shall report annually to the Secretary regarding the 
eligible applicant's progress in addressing the purposes of 
this subpart. Such report shall include, at a minimum, a 
description of--
            [(1) the research-based instruction, materials, and 
        activities being used in the programs funded under the 
        grant;
            [(2) the types of programs funded under the grant 
        and the ages of children served by such programs;
            [(3) the qualifications of the program staff who 
        provide early literacy instruction under such programs 
        and the type of ongoing professional development 
        provided to such staff; and
            [(4) the results of the evaluation described in 
        section 1222(b)(9).

[SEC. 1226. EVALUATION.

    [(a) In General.--From the total amount made available 
under section 1002(b)(2) for the period beginning October 1, 
2002, and ending September 30, 2006, the Secretary shall 
reserve not more than $3,000,000 to conduct an independent 
evaluation of the effectiveness of this subpart.
    [(b) Reports.--
            [(1) Interim report.--Not later than October 1, 
        2004, the Secretary shall submit an interim report 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.
            [(2) Final report.--Not later than September 30, 
        2006, the Secretary shall submit a final report to the 
        committees described in paragraph (1).
    [(c) Contents.--The reports submitted under subsection (b) 
shall include information on the following:
            [(1) How the grant recipients under this subpart 
        are improving the prereading skills of preschool 
        children.
            [(2) The effectiveness of the professional 
        development program assisted under this subpart.
            [(3) How early childhood teachers are being 
        prepared with scientifically based reading research on 
        early reading development.
            [(4) What activities and instructional practices 
        are most effective.
            [(5) How prereading instructional materials and 
        literacy activities based on scientifically based 
        reading research are being integrated into preschools, 
        child care agencies and programs, programs carried out 
        under the Head Start Act, and family literacy programs.
            [(6) Any recommendations on strengthening or 
        modifying this subpart.

  [Subpart 3--William F. Goodling Even Start Family Literacy Programs]

[SEC. 1231. STATEMENT OF PURPOSE.

    [It is the purpose of this subpart to help break the cycle 
of poverty and illiteracy by--
            [(1) improving the educational opportunities of the 
        Nation's low-income families by integrating early 
        childhood education, adult literacy or adult basic 
        education, and parenting education into a unified 
        family literacy program, to be referred to as ``Even 
        Start''; and
            [(2) establishing a program that shall--
                    [(A) be implemented through cooperative 
                projects that build on high-quality existing 
                community resources to create a new range of 
                services;
                    [(B) promote the academic achievement of 
                children and adults;
                    [(C) assist children and adults from low-
                income families to achieve to challenging State 
                content standards and challenging State student 
                achievement standards; and
                    [(D) use instructional programs based on 
                scientifically based reading research and 
                addressing the prevention of reading 
                difficulties for children and adults, to the 
                extent such research is available.

[SEC. 1232. PROGRAM AUTHORIZED.

    [(a) Reservation for Migrant Programs, Outlying Areas, and 
Indian Tribes.--
            [(1) In general.--For each fiscal year, the 
        Secretary shall reserve 5 percent of the amount 
        appropriated under section 1002(b)(3) (or, if such 
        appropriated amount exceeds $200,000,000, 6 percent of 
        such amount) for programs, under such terms and 
        conditions as the Secretary shall establish, that are 
        consistent with the purpose of this subpart, and 
        according to their relative needs, for--
                    [(A) children of migratory workers;
                    [(B) the outlying areas; and
                    [(C) Indian tribes and tribal 
                organizations.
            [(2) Special rule.--After December 21, 2000, the 
        Secretary shall award a grant, on a competitive basis, 
        of sufficient size and for a period of sufficient 
        duration to demonstrate the effectiveness of a family 
        literacy program in a prison that houses women and 
        their preschool age children and that has the 
        capability of developing a program of high quality.
            [(3) Coordination of programs for american 
        indians.--The Secretary shall ensure that programs 
        under paragraph (1)(C) are coordinated with family 
        literacy programs operated by the Bureau of Indian 
        Affairs in order to avoid duplication and to encourage 
        the dissemination of information on high-quality family 
        literacy programs serving American Indians.
    [(b) Reservation for Federal Activities.--
            [(1) Evaluation, technical assistance, program 
        improvement, and replication activities.--Subject to 
        paragraph (2), from amounts appropriated under section 
        1002(b)(3), the Secretary may reserve not more than 3 
        percent of such amounts for purposes of--
                    [(A) carrying out the evaluation required 
                by section 1239; and
                    [(B) providing, through grants or contracts 
                with eligible organizations, technical 
                assistance, program improvement, and 
                replication activities.
            [(2) Research.--In any fiscal year, if the amount 
        appropriated under section 1002(b)(3) for such year--
                    [(A) is equal to or less than the amount 
                appropriated for the preceding fiscal year, the 
                Secretary may reserve from such amount only the 
                amount necessary to continue multi-year 
                activities carried out pursuant to section 
                1241(b) that began during or prior to the 
                fiscal year preceding the fiscal year for which 
                the determination is made; or
                    [(B) exceeds the amount appropriated for 
                the preceding fiscal year, then the Secretary 
                shall reserve from such excess amount 
                $2,000,000 or 50 percent, whichever is less, to 
                carry out section 1241(b).
    [(c) Reservation for Grants.--
            [(1) Grants authorized.--
                    [(A) In general.--For any fiscal year for 
                which at least one State educational agency 
                applies and submits an application that meets 
                the requirements and goals of this subsection 
                and for which the amount appropriated under 
                section 1002(b)(3) exceeds the amount 
                appropriated under that section for the 
                preceding fiscal year, the Secretary shall 
                reserve, from the amount of the excess 
                remaining after the application of subsection 
                (b)(2), the amount of the remainder or 
                $1,000,000, whichever is less, to award grants, 
                on a competitive basis, to State educational 
                agencies to enable them to plan and implement 
                statewide family literacy initiatives to 
                coordinate and, where appropriate, integrate 
                existing Federal, State, and local literacy 
                resources consistent with the purposes of this 
                subpart.
                    [(B) Coordination and integration.--The 
                coordination and integration described in 
                subparagraph (A) shall include coordination and 
                integration of funds available under the Adult 
                Education and Family Literacy Act, the Head 
                Start Act, this subpart, part A of this title, 
                and part A of title IV of the Social Security 
                Act.
                    [(C) Restriction.--No State educational 
                agency may receive more than one grant under 
                this subsection.
            [(2) Consortia.--
                    [(A) Establishment.--To receive a grant 
                under this subsection, a State educational 
                agency shall establish a consortium of State-
                level programs under the following provisions 
                of laws:
                            [(i) This title (other than part 
                        D).
                            [(ii) The Head Start Act.
                            [(iii) The Adult Education and 
                        Family Literacy Act.
                            [(iv) All other State-funded 
                        preschool programs and programs 
                        providing literacy services to adults.
                    [(B) Plan.--To receive a grant under this 
                subsection, the consortium established by a 
                State educational agency shall create a plan to 
                use a portion of the State educational agency's 
                resources, derived from the programs referred 
                to in subparagraph (A), to strengthen and 
                expand family literacy services in the State.
                    [(C) Coordination with subpart 1.--The 
                consortium shall coordinate its activities 
                under this paragraph with the activities of the 
                reading and literacy partnership for the State 
                educational agency established under section 
                1203(d), if the State educational agency 
                receives a grant under section 1202.
            [(3) Reading instruction.--Statewide family 
        literacy initiatives implemented under this subsection 
        shall base reading instruction on scientifically based 
        reading research.
            [(4) Technical assistance.--The Secretary shall 
        provide, directly or through a grant or contract with 
        an organization with experience in the development and 
        operation of successful family literacy services, 
        technical assistance to State educational agencies 
        receiving a grant under this subsection.
            [(5) Matching requirement.--The Secretary shall not 
        make a grant to a State educational agency under this 
        subsection unless the State educational agency agrees 
        that, with respect to the costs to be incurred by the 
        eligible consortium in carrying out the activities for 
        which the grant was awarded, the State educational 
        agency will make available non-Federal contributions in 
        an amount equal to not less than the Federal funds 
        provided under the grant.
    [(d) State Educational Agency Allocation.--
            [(1) In general.--From amounts appropriated under 
        section 1002(b)(3) and not reserved under subsection 
        (a), (b), or (c), the Secretary shall make grants to 
        State educational agencies from allocations under 
        paragraph (2).
            [(2) Allocations.--Except as provided in paragraph 
        (3), from the total amount available under paragraph 
        (1) for allocation to State educational agencies in any 
        fiscal year, each State educational agency shall be 
        eligible to receive a grant under paragraph (1) in an 
        amount that bears the same ratio to the total amount as 
        the amount allocated under part A to that State 
        educational agency bears to the total amount allocated 
        under that part to all State educational agencies.
            [(3) Minimum.--No State educational agency shall 
        receive a grant under paragraph (1) in any fiscal year 
        in an amount that is less than $250,000, or one-half of 
        1 percent of the amount appropriated under section 
        1002(b)(3) and not reserved under subsections (a), (b), 
        and (c) for such year, whichever is greater.
    [(e) Definitions.--For the purpose of this subpart--
            [(1) the term ``eligible entity'' means a 
        partnership composed of--
                    [(A) a local educational agency; and
                    [(B) a nonprofit community-based 
                organization, a public agency other than a 
                local educational agency, an institution of 
                higher education, or a public or private 
                nonprofit organization other than a local 
                educational agency, of demonstrated quality;
            [(2) the term ``eligible organization'' means any 
        public or private nonprofit organization with a record 
        of providing effective services to family literacy 
        providers, such as the National Center for Family 
        Literacy, Parents as Teachers, Inc., the Home 
        Instruction Program for Preschool Youngsters, and the 
        Home and School Institute, Inc.;
            [(3) the terms ``Indian tribe'' and ``tribal 
        organization'' have the meanings given those terms in 
        section 4 of the Indian Self-Determination and 
        Education Assistance Act;
            [(4) the term ``scientifically based reading 
        research'' has the meaning given that term in section 
        1208; and
            [(5) the term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.

[SEC. 1233. STATE EDUCATIONAL AGENCY PROGRAMS.

    [(a) State Educational Agency Level Activities.--Each State 
educational agency that receives a grant under section 
1232(d)(1) may use not more than a total of 6 percent of the 
grant funds for the costs of--
            [(1) administration, which amount shall not exceed 
        half of the total;
            [(2) providing, through one or more subgrants or 
        contracts, technical assistance for program improvement 
        and replication, to eligible entities that receive 
        subgrants under subsection (b); and
            [(3) carrying out sections 1240 and 1234(c).
    [(b) Subgrants for Local Programs.--
            [(1) In general.--Each State educational agency 
        shall use the grant funds received under section 
        1232(d)(1) and not reserved under subsection (a) to 
        award subgrants to eligible entities to carry out Even 
        Start programs.
            [(2) Minimum subgrant amounts.--
                    [(A) In general.--Except as provided in 
                subparagraphs (B) and (C), no State educational 
                agency shall award a subgrant under paragraph 
                (1) in an amount less than $75,000.
                    [(B) Subgrantees in ninth and succeeding 
                years.--No State educational agency shall award 
                a subgrant under paragraph (1) in an amount 
                less than $52,500 to an eligible entity for a 
                fiscal year to carry out an Even Start program 
                that is receiving assistance under this subpart 
                or its predecessor authority for the ninth (or 
                any subsequent) fiscal year.
                    [(C) Exception for single subgrant.--A 
                State educational agency may award one subgrant 
                in each fiscal year of sufficient size, scope, 
                and quality to be effective in an amount less 
                than $75,000 if, after awarding subgrants under 
                paragraph (1) for that fiscal year in 
                accordance with subparagraphs (A) and (B), less 
                than $75,000 is available to the State 
                educational agency to award those subgrants.

[SEC. 1234. USES OF FUNDS.

    [(a) In General.--In carrying out an Even Start program 
under this subpart, a recipient of funds under this subpart 
shall use those funds to pay the Federal share of the cost of 
providing intensive family literacy services that involve 
parents and children, from birth through age 7, in a 
cooperative effort to help parents become full partners in the 
education of their children and to assist children in reaching 
their full potential as learners.
    [(b) Federal Share Limitation.--
            [(1) In general.--
                    [(A) Federal share.--Except as provided in 
                paragraph (2), the Federal share under this 
                subpart may not exceed--
                            [(i) 90 percent of the total cost 
                        of the program in the first year that 
                        the program receives assistance under 
                        this subpart or its predecessor 
                        authority;
                            [(ii) 80 percent in the second 
                        year;
                            [(iii) 70 percent in the third 
                        year;
                            [(iv) 60 percent in the fourth 
                        year;
                            [(v) 50 percent in the fifth, 
                        sixth, seventh, and eighth such years; 
                        and
                            [(vi) 35 percent in any subsequent 
                        year.
                    [(B) Remaining cost.--The remaining cost of 
                a program assisted under this subpart may be 
                provided in cash or in kind, fairly evaluated, 
                and may be obtained from any source, including 
                other Federal funds under this Act.
            [(2) Waiver.--The State educational agency may 
        waive, in whole or in part, the Federal share described 
        in paragraph (1) for an eligible entity if the entity--
                    [(A) demonstrates that it otherwise would 
                not be able to participate in the program 
                assisted under this subpart; and
                    [(B) negotiates an agreement with the State 
                educational agency with respect to the amount 
                of the remaining cost to which the waiver will 
                be applicable.
            [(3) Prohibition.--Federal funds provided under 
        this subpart may not be used for the indirect costs of 
        a program assisted under this subpart, except that the 
        Secretary may waive this paragraph if an eligible 
        recipient of funds reserved under section 1232(a)(1)(C) 
        demonstrates to the Secretary's satisfaction that the 
        recipient otherwise would not be able to participate in 
        the program assisted under this subpart.
    [(c) Use of Funds for Family Literacy Services.--
            [(1) In general.--A State educational agency may 
        use a portion of funds reserved under section 1233(a), 
        to assist eligible entities receiving a subgrant under 
        section 1233(b) in improving the quality of family 
        literacy services provided under Even Start programs 
        under this subpart, except that in no case may a State 
        educational agency's use of funds for this purpose for 
        a fiscal year result in a decrease from the level of 
        activities and services provided to program 
        participants in the preceding year.
            [(2) Priority.--In carrying out paragraph (1), a 
        State educational agency shall give priority to 
        programs that were of low quality, as evaluated based 
        on the indicators of program quality developed by the 
        State educational agency under section 1240.
            [(3) Technical assistance to help local programs 
        raise additional funds.--In carrying out paragraph (1), 
        a State educational agency may use the funds referred 
        to in that paragraph to provide technical assistance to 
        help local programs of demonstrated effectiveness to 
        access and leverage additional funds for the purpose of 
        expanding services and reducing waiting lists, 
        including requesting and applying for non-Federal 
        resources.
            [(4) Technical assistance and training.--Assistance 
        under paragraph (1) shall be in the form of technical 
        assistance and training, provided by a State 
        educational agency through a grant, contract, or 
        cooperative agreement with an entity that has 
        experience in offering high-quality training and 
        technical assistance to family literacy providers.

[SEC. 1235. PROGRAM ELEMENTS.

     [Each program assisted under this subpart shall--
            [(1) include the identification and recruitment of 
        families most in need of services provided under this 
        subpart, as indicated by a low level of income, a low 
        level of adult literacy or English language proficiency 
        of the eligible parent or parents, and other need-
        related indicators;
            [(2) include screening and preparation of parents, 
        including teenage parents, and children to enable those 
        parents and children to participate fully in the 
        activities and services provided under this subpart, 
        including testing, referral to necessary counselling, 
        other developmental and support services, and related 
        services;
            [(3) be designed to accommodate the participants' 
        work schedule and other responsibilities, including the 
        provision of support services, when those services are 
        unavailable from other sources, necessary for 
        participation in the activities assisted under this 
        subpart, such as--
                    [(A) scheduling and locating of services to 
                allow joint participation by parents and 
                children;
                    [(B) child care for the period that parents 
                are involved in the program provided under this 
                subpart; and
                    [(C) transportation for the purpose of 
                enabling parents and their children to 
                participate in programs authorized by this 
                subpart;
            [(4) include high-quality, intensive instructional 
        programs that promote adult literacy and empower 
        parents to support the educational growth of their 
        children, developmentally appropriate early childhood 
        educational services, and preparation of children for 
        success in regular school programs;
            [(5) with respect to the qualifications of staff 
        the cost of whose salaries are paid, in whole or in 
        part, with Federal funds provided under this subpart, 
        ensure that--
                    [(A) not later than December 21, 2004--
                            [(i) a majority of the individuals 
                        providing academic instruction--
                                    [(I) shall have obtained an 
                                associate's, bachelor's, or 
                                graduate degree in a field 
                                related to early childhood 
                                education, elementary school or 
                                secondary school education, or 
                                adult education; and
                                    [(II) if applicable, shall 
                                meet qualifications established 
                                by the State for early 
                                childhood education, elementary 
                                school or secondary school 
                                education, or adult education 
                                provided as part of an Even 
                                Start program or another family 
                                literacy program;
                            [(ii) the individual responsible 
                        for administration of family literacy 
                        services under this subpart has 
                        received training in the operation of a 
                        family literacy program; and
                            [(iii) paraprofessionals who 
                        provide support for academic 
                        instruction have a secondary school 
                        diploma or its recognized equivalent; 
                        and
                    [(B) all new personnel hired to provide 
                academic instruction--
                            [(i) have obtained an associate's, 
                        bachelor's, or graduate degree in a 
                        field related to early childhood 
                        education, elementary school or 
                        secondary school education, or adult 
                        education; and
                            [(ii) if applicable, meet 
                        qualifications established by the State 
                        for early childhood education, 
                        elementary school or secondary school 
                        education, or adult education provided 
                        as part of an Even Start program or 
                        another family literacy program;
            [(6) include special training of staff, including 
        child-care staff, to develop the skills necessary to 
        work with parents and young children in the full range 
        of instructional services offered through this subpart;
            [(7) provide and monitor integrated instructional 
        services to participating parents and children through 
        home-based programs;
            [(8) operate on a year-round basis, including the 
        provision of some program services, including 
        instructional and enrichment services, during the 
        summer months;
            [(9) be coordinated with--
                    [(A) other programs assisted under this 
                Act;
                    [(B) any relevant programs under the Adult 
                Education and Family Literacy Act, the 
                Individuals with Disabilities Education Act, 
                and title I of the Workforce Investment Act of 
                1998; and
                    [(C) the Head Start program, volunteer 
                literacy programs, and other relevant programs;
            [(10) use instructional programs based on 
        scientifically based reading research for children and 
        adults, to the extent that research is available;
            [(11) encourage participating families to attend 
        regularly and to remain in the program a sufficient 
        time to meet their program goals;
            [(12) include reading-readiness activities for 
        preschool children based on scientifically based 
        reading research, to the extent available, to ensure 
        that children enter school ready to learn to read;
            [(13) if applicable, promote the continuity of 
        family literacy to ensure that individuals retain and 
        improve their educational outcomes;
            [(14) ensure that the programs will serve those 
        families most in need of the activities and services 
        provided by this subpart; and
            [(15) provide for an independent evaluation of the 
        program, to be used for program improvement.

[SEC. 1236. ELIGIBLE PARTICIPANTS.

    [(a) In General.--Except as provided in subsection (b), 
eligible participants in an Even Start program are--
            [(1) a parent or parents--
                    [(A) who are eligible for participation in 
                adult education and literacy activities under 
                the Adult Education and Family Literacy Act; or
                    [(B) who are within the State's compulsory 
                school attendance age range, so long as a local 
                educational agency provides (or ensures the 
                availability of) the basic education component 
                required under this subpart, or who are 
                attending secondary school; and
            [(2) the child or children, from birth through age 
        7, of any individual described in paragraph (1).
    [(b) Eligibility for Certain Other Participants.--
            [(1) In general.--Family members of eligible 
        participants described in subsection (a) may 
        participate in activities and services provided under 
        this subpart, when appropriate to serve the purpose of 
        this subpart.
            [(2) Special rule.--Any family participating in a 
        program assisted under this subpart that becomes 
        ineligible to participate as a result of one or more 
        members of the family becoming ineligible to 
        participate may continue to participate in the program 
        until all members of the family become ineligible to 
        participate, which--
                    [(A) in the case of a family in which 
                ineligibility was due to the child or children 
                of the family attaining the age of 8, shall be 
                in 2 years or when the parent or parents become 
                ineligible due to educational advancement, 
                whichever occurs first; and
                    [(B) in the case of a family in which 
                ineligibility was due to the educational 
                advancement of the parent or parents of the 
                family, shall be when all children in the 
                family attain the age of 8.
            [(3) Children 8 years of age or older.--If an Even 
        Start program assisted under this subpart collaborates 
        with a program under part A, and funds received under 
        the part A program contribute to paying the cost of 
        providing programs under this subpart to children 8 
        years of age or older, the Even Start program may, 
        notwithstanding subsection (a)(2), permit the 
        participation of children 8 years of age or older if 
        the focus of the program continues to remain on 
        families with young children.

[SEC. 1237. APPLICATIONS.

    [(a) Submission.--To be eligible to receive a subgrant 
under this subpart, an eligible entity shall submit an 
application to the State educational agency in such form and 
containing or accompanied by such information as the State 
educational agency shall require.
    [(b) Required Documentation.--Each application shall 
include documentation, satisfactory to the State educational 
agency, that the eligible entity has the qualified personnel 
needed--
            [(1) to develop, administer, and implement an Even 
        Start program under this subpart; and
            [(2) to provide access to the special training 
        necessary to prepare staff for the program, which may 
        be offered by an eligible organization.
    [(c) Plan.--
            [(1) In general.--The application shall also 
        include a plan of operation and continuous improvement 
        for the program, that includes--
                    [(A) a description of the program 
                objectives, strategies to meet those 
                objectives, and how those strategies and 
                objectives are consistent with the program 
                indicators established by the State;
                    [(B) a description of the activities and 
                services that will be provided under the 
                program, including a description of how the 
                program will incorporate the program elements 
                required by section 1235;
                    [(C) a description of the population to be 
                served and an estimate of the number of 
                participants to be served;
                    [(D) as appropriate, a description of the 
                applicant's collaborative efforts with 
                institutions of higher education, community-
                based organizations, the State educational 
                agency, private elementary schools, or other 
                eligible organizations in carrying out the 
                program for which assistance is sought;
                    [(E) a statement of the methods that will 
                be used--
                            [(i) to ensure that the programs 
                        will serve families most in need of the 
                        activities and services provided by 
                        this subpart;
                            [(ii) to provide services under 
                        this subpart to individuals with 
                        special needs, such as individuals with 
                        limited English proficiency and 
                        individuals with disabilities; and
                            [(iii) to encourage participants to 
                        remain in the program for a time 
                        sufficient to meet the program's 
                        purpose;
                    [(F) a description of how the plan is 
                integrated with other programs under this Act 
                or other Acts, as appropriate; and
                    [(G) a description of how the plan provides 
                for rigorous and objective evaluation of 
                progress toward the program objectives 
                described in subparagraph (A) and for 
                continuing use of evaluation data for program 
                improvement.
            [(2) Duration of the plan.--Each plan submitted 
        under paragraph (1) shall--
                    [(A) remain in effect for the duration of 
                the eligible entity's participation under this 
                subpart; and
                    [(B) be periodically reviewed and revised 
                by the eligible entity as necessary.
    [(d) Consolidated Application.--The plan described in 
subsection (c)(1) may be submitted as part of a consolidated 
application under section 9305.

[SEC. 1238. AWARD OF SUBGRANTS.

    [(a) Selection Process.--
            [(1) In general.--The State educational agency 
        shall establish a review panel in accordance with 
        paragraph (3) that will approve applications that--
                    [(A) are most likely to be successful in--
                            [(i) meeting the purpose of this 
                        subpart; and
                            [(ii) effectively implementing the 
                        program elements required under section 
                        1235;
                    [(B) demonstrate that the area to be served 
                by the program has a high percentage or a large 
                number of children and families who are in need 
                of those services as indicated by high levels 
                of poverty, illiteracy, unemployment, limited 
                English proficiency, or other need-related 
                indicators, such as a high percentage of 
                children to be served by the program who reside 
                in a school attendance area served by a local 
                educational agency eligible for participation 
                in programs under part A, a high number or 
                percentage of parents who have been victims of 
                domestic violence, or a high number or 
                percentage of parents who are receiving 
                assistance under a State program funded under 
                part A of title IV of the Social Security Act 
                (42 U.S.C. 601 et seq.);
                    [(C) provide services for at least a 3-year 
                age range, which may begin at birth;
                    [(D) demonstrate the greatest possible 
                cooperation and coordination between a variety 
                of relevant service providers in all phases of 
                the program;
                    [(E) include cost-effective budgets, given 
                the scope of the application;
                    [(F) demonstrate the applicant's ability to 
                provide the non-Federal share required by 
                section 1234(b);
                    [(G) are representative of urban and rural 
                regions of the State; and
                    [(H) show the greatest promise for 
                providing models that may be adopted by other 
                family literacy projects and other local 
                educational agencies.
            [(2) Priority for subgrants.--The State educational 
        agency shall give priority for subgrants under this 
        subsection to applications that--
                    [(A) target services primarily to families 
                described in paragraph (1)(B); or
                    [(B) are located in areas designated as 
                empowerment zones or enterprise communities.
            [(3) Review panel.--A review panel shall consist of 
        at least three members, including one early childhood 
        professional, one adult education professional, and one 
        individual with expertise in family literacy programs, 
        and may include other individuals, such as one or more 
        of the following:
                    [(A) A representative of a parent-child 
                education organization.
                    [(B) A representative of a community-based 
                literacy organization.
                    [(C) A member of a local board of 
                education.
                    [(D) A representative of business and 
                industry with a commitment to education.
                    [(E) An individual who has been involved in 
                the implementation of programs under this title 
                in the State.
    [(b) Duration.--
            [(1) In general.--Subgrants under this subpart may 
        be awarded for a period not to exceed 4 years.
            [(2) Startup period.--The State educational agency 
        may provide subgrant funds to an eligible recipient, at 
        the recipient's request, for a 3- to 6-month start-up 
        period during the first year of the 4-year grant 
        period, which may include staff recruitment and 
        training, and the coordination of services, before 
        requiring full implementation of the program.
            [(3) Continuing eligibility.--In awarding subgrant 
        funds to continue a program under this subpart after 
        the first year, the State educational agency shall 
        review the progress of each eligible entity in meeting 
        the objectives of the program referred to in section 
        1237(c)(1)(A) and shall evaluate the program based on 
        the indicators of program quality developed by the 
        State under section 1240.
            [(4) Insufficient progress.--The State educational 
        agency may refuse to award subgrant funds to an 
        eligible entity if the agency finds that the eligible 
        entity has not sufficiently improved the performance of 
        the program, as evaluated based on the indicators of 
        program quality developed by the State under section 
        1240, after--
                    [(A) providing technical assistance to the 
                eligible entity; and
                    [(B) affording the eligible entity notice 
                and an opportunity for a hearing.
            [(5) Grant renewal.--(A) An eligible entity that 
        has previously received a subgrant under this subpart 
        may reapply under this subpart for additional 
        subgrants.
            [(B) The Federal share of any subgrant renewed 
        under subparagraph (A) shall be limited in accordance 
        with section 1234(b).

[SEC. 1239. EVALUATION.

     [From funds reserved under section 1232(b)(1), the 
Secretary shall provide for an independent evaluation of 
programs assisted under this subpart--
            [(1) to determine the performance and effectiveness 
        of programs assisted under this subpart;
            [(2) to identify effective Even Start programs 
        assisted under this subpart that can be duplicated and 
        used in providing technical assistance to Federal, 
        State, and local programs; and
            [(3) to provide State educational agencies and 
        eligible entities receiving a subgrant under this 
        subpart, directly or through a grant or contract with 
        an organization with experience in the development and 
        operation of successful family literacy services, 
        technical assistance to ensure that local evaluations 
        undertaken under section 1235(15) provide accurate 
        information on the effectiveness of programs assisted 
        under this subpart.

[SEC. 1240. INDICATORS OF PROGRAM QUALITY.

     [Each State educational agency receiving funds under this 
subpart shall develop, based on the best available research and 
evaluation data, indicators of program quality for programs 
assisted under this subpart. The indicators shall be used to 
monitor, evaluate, and improve those programs within the State. 
The indicators shall include the following:
            [(1) With respect to eligible participants in a 
        program who are adults--
                    [(A) achievement in the areas of reading, 
                writing, English-language acquisition, problem 
                solving, and numeracy;
                    [(B) receipt of a secondary school diploma 
                or a general equivalency diploma (GED);
                    [(C) entry into a postsecondary school, job 
                retraining program, or employment or career 
                advancement, including the military; and
                    [(D) such other indicators as the State may 
                develop.
            [(2) With respect to eligible participants in a 
        program who are children--
                    [(A) improvement in ability to read on 
                grade level or reading readiness;
                    [(B) school attendance;
                    [(C) grade retention and promotion; and
                    [(D) such other indicators as the State may 
                develop.

[SEC. 1241. RESEARCH.

    [(a) In General.--The Secretary shall carry out, through 
grant or contract, research into the components of successful 
family literacy services, in order to--
            [(1) improve the quality of existing programs 
        assisted under this subpart or other family literacy 
        programs carried out under this Act or the Adult 
        Education and Family Literacy Act; and
            [(2) develop models for new programs to be carried 
        out under this Act or the Adult Education and Family 
        Literacy Act.
    [(b) Scientifically Based Research on Family Literacy.--
            [(1) In general.--From amounts reserved under 
        section 1232(b)(2), the National Institute for 
        Literacy, in consultation with the Secretary, shall 
        carry out research that--
                    [(A) is scientifically based reading 
                research; and
                    [(B) determines--
                            [(i) the most effective ways of 
                        improving the literacy skills of adults 
                        with reading difficulties; and
                            [(ii) how family literacy services 
                        can best provide parents with the 
                        knowledge and skills the parents need 
                        to support their children's literacy 
                        development.
            [(2) Use of expert entity.--The National Institute 
        for Literacy, in consultation with the Secretary, shall 
        carry out the research under paragraph (1) through an 
        entity, including a Federal agency, that has expertise 
        in carrying out longitudinal studies of the development 
        of literacy skills in children and has developed 
        effective interventions to help children with reading 
        difficulties.
    [(c) Dissemination.--The National Institute for Literacy 
shall disseminate, pursuant to section 1207, the results of the 
research described in subsections (a) and (b) to State 
educational agencies and recipients of subgrants under this 
subpart.

[SEC. 1242. CONSTRUCTION.

    [Nothing in this subpart shall be construed to prohibit a 
recipient of funds under this subpart from serving students 
participating in Even Start simultaneously with students with 
similar educational needs, in the same educational settings 
where appropriate.

        [Subpart 4--Improving Literacy Through School Libraries]

[SEC. 1251. IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.

    [(a) Purposes.--The purpose of this subpart is to improve 
literacy skills and academic achievement of students by 
providing students with increased access to up-to-date school 
library materials, a well-equipped, technologically advanced 
school library media center, and well-trained, professionally 
certified school library media specialists.
    [(b) Reservation.--From the funds appropriated under 
section 1002(b)(4) for a fiscal year, the Secretary shall 
reserve--
            [(1) one-half of 1 percent to award assistance 
        under this section to the Bureau of Indian Affairs to 
        carry out activities consistent with the purpose of 
        this subpart; and
            [(2) one-half of 1 percent to award assistance 
        under this section to the outlying areas according to 
        their respective needs for assistance under this 
        subpart.
    [(c) Grants.--
            [(1) Competitive grants to eligible local 
        educational agencies.--If the amount of funds 
        appropriated under section 1002(b)(4) for a fiscal year 
        is less than $100,000,000, then the Secretary shall 
        award grants, on a competitive basis, to eligible local 
        educational agencies under subsection (e).
            [(2) Formula grants to states.--If the amount of 
        funds appropriated under section 1002(b)(4) for a 
        fiscal year equals or exceeds $100,000,000, then the 
        Secretary shall award grants to State educational 
        agencies from allotments under subsection (d).
            [(3) Definition of eligible local educational 
        agency.--In this section the term ``eligible local 
        educational agency'' means--
                    [(A) in the case of a local educational 
                agency receiving assistance made available 
                under paragraph (1), a local educational agency 
                in which 20 percent of the students served by 
                the local educational agency are from families 
                with incomes below the poverty line; and
                    [(B) in the case of a local educational 
                agency receiving assistance from State 
                allocations made available under paragraph (2), 
                a local educational agency in which--
                            [(i) 15 percent of the students who 
                        are served by the local educational 
                        agency are from such families; or
                            [(ii) the percentage of students 
                        from such families who are served by 
                        the local educational agency is greater 
                        than the statewide percentage of 
                        children from such families.
    [(d) State Grants.--
            [(1) Allotments.--From funds made available under 
        subsection (c)(2) and not reserved under subsections 
        (b) and (j) for a fiscal year, the Secretary shall 
        allot to each State educational agency having an 
        application approved under subsection (f)(1) an amount 
        that bears the same relation to the funds as the amount 
        the State educational agency received under part A for 
        the preceding fiscal year bears to the amount all such 
        State educational agencies received under part A for 
        the preceding fiscal year, to increase literacy and 
        reading skills by improving school libraries.
            [(2) Competitive grants to eligible local 
        educational agencies.--Each State educational agency 
        receiving an allotment under paragraph (1) for a fiscal 
        year--
                    [(A) may reserve not more than 3 percent of 
                the allotted funds to provide technical 
                assistance, disseminate information about 
                school library media programs that are 
                effective and based on scientifically based 
                research, and pay administrative costs related 
                to activities under this section; and
                    [(B) shall use the allotted funds that 
                remain after making the reservation under 
                subparagraph (A) to award grants, for a period 
                of 1 year, on a competitive basis, to eligible 
                local educational agencies in the State that 
                have an application approved under subsection 
                (f)(2) for activities described in subsection 
                (g).
            [(3) Reallotment.--If a State educational agency 
        does not apply for an allotment under this section for 
        any fiscal year, or if the State educational agency's 
        application is not approved, the Secretary shall 
        reallot the amount of the State educational agency's 
        allotment to the remaining State educational agencies 
        in accordance with paragraph (1).
    [(e) Direct Competitive Grants to Eligible Local 
Educational Agencies.--
            [(1) In general.--From amounts made available under 
        subsection (c)(1) and not reserved under subsections 
        (b) and (j) for a fiscal year, the Secretary shall 
        award grants, on a competitive basis, to eligible local 
        educational agencies that have applications approved 
        under subsection (f)(2) for activities described in 
        subsection (g).
            [(2) Duration.--The Secretary shall award grants 
        under this subsection for a period of 1 year.
            [(3) Distribution.--The Secretary shall ensure that 
        grants under this subsection are equitably distributed 
        among the different geographic regions of the United 
        States, and among local educational agencies serving 
        urban and rural areas.
    [(f) Applications.--
            [(1) State educational agency.--Each State 
        educational agency desiring assistance under this 
        section shall submit to the Secretary an application at 
        such time, in such manner, and containing such 
        information as the Secretary shall require. The 
        application shall contain a description of--
                    [(A) how the State educational agency will 
                assist eligible local educational agencies in 
                meeting the requirements of this section and in 
                using scientifically based research to 
                implement effective school library media 
                programs; and
                    [(B) the standards and techniques the State 
                educational agency will use to evaluate the 
                quality and impact of activities carried out 
                under this section by eligible local 
                educational agencies to determine the need for 
                technical assistance and whether to continue to 
                provide additional funding to the agencies 
                under this section.
            [(2) Eligible local educational agency.--Each 
        eligible local educational agency desiring assistance 
        under this section shall submit to the Secretary or 
        State educational agency, as appropriate, an 
        application at such time, in such manner, and 
        containing such information as the Secretary or State 
        educational agency, respectively, shall require. The 
        application shall contain a description of--
                    [(A) a needs assessment relating to the 
                need for school library media improvement, 
                based on the age and condition of school 
                library media resources, including book 
                collections, access of school library media 
                centers to advanced technology, and the 
                availability of well-trained, professionally 
                certified school library media specialists, in 
                schools served by the eligible local 
                educational agency;
                    [(B) the manner in which the eligible local 
                educational agency will use the funds made 
                available through the grant to carry out the 
                activities described in subsection (g);
                    [(C) how the eligible local educational 
                agency will extensively involve school library 
                media specialists, teachers, administrators, 
                and parents in the activities assisted under 
                this section, and the manner in which the 
                eligible local educational agency will carry 
                out the activities described in subsection (g) 
                using programs and materials that are grounded 
                in scientifically based research;
                    [(D) the manner in which the eligible local 
                educational agency will effectively coordinate 
                the funds and activities provided under this 
                section with Federal, State, and local funds 
                and activities under this subpart and other 
                literacy, library, technology, and professional 
                development funds and activities; and
                    [(E) the manner in which the eligible local 
                educational agency will collect and analyze 
                data on the quality and impact of activities 
                carried out under this section by schools 
                served by the eligible local educational 
                agency.
    [(g) Local Activities.--Funds under this section may be 
used to--
            [(1) acquire up-to-date school library media 
        resources, including books;
            [(2) acquire and use advanced technology, 
        incorporated into the curricula of the school, to 
        develop and enhance the information literacy, 
        information retrieval, and critical thinking skills of 
        students;
            [(3) facilitate Internet links and other resource-
        sharing networks among schools and school library media 
        centers, and public and academic libraries, where 
        possible;
            [(4) provide professional development described in 
        section 1222(d)(2) for school library media 
        specialists, and activities that foster increased 
        collaboration between school library media specialists, 
        teachers, and administrators; and
            [(5) provide students with access to school 
        libraries during nonschool hours, including the hours 
        before and after school, during weekends, and during 
        summer vacation periods.
    [(h) Accountability and Reporting.--
            [(1) Local reports.--Each eligible local 
        educational agency that receives funds under this 
        section for a fiscal year shall report to the Secretary 
        or State educational agency, as appropriate, on how the 
        funding was used and the extent to which the 
        availability of, the access to, and the use of, up-to-
        date school library media resources in the elementary 
        schools and secondary schools served by the eligible 
        local educational agency was increased.
            [(2) State report.--Each State educational agency 
        that receives funds under this section shall compile 
        the reports received under paragraph (1) and submit the 
        compiled reports to the Secretary.
    [(i) Supplement, Not Supplant.--Funds made available under 
this section shall be used to supplement, and not supplant, 
other Federal, State, and local funds expended to carry out 
activities relating to library, technology, or professional 
development activities.
    [(j) National Activities.--
            [(1) Evaluations.--From the funds appropriated 
        under section 1002(b)(4) for each fiscal year, the 
        Secretary shall reserve not more than 1 percent for 
        annual, independent, national evaluations of the 
        activities assisted under this section and their impact 
        on improving the reading skills of students. The 
        evaluations shall be conducted not later than 3 years 
        after the date of enactment of the No Child Left Behind 
        Act of 2001, and biennially thereafter.
            [(2) Report to congress.--The Secretary shall 
        transmit the State reports received under subsection 
        (h)(2) and the evaluations conducted under paragraph 
        (1) 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.]

                      PART B--ACADEMIC ASSESSMENTS

SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.

    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) Expanding the range 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 necessary to 
                comply with section 1111(b)(2)(G).
                    (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 the quality, 
                validity, and reliability of assessments for 
                children who are English learners, including 
                alternative assessments aligned with the 
                challenging State academic standards, testing 
                accommodations for children who are English 
                learners, and assessments of English language 
                proficiency.
                    (G) Developing or improving balanced 
                assessment systems that include summative, 
                interim, and formative assessments, including 
                supporting local educational agencies in 
                developing or improving such assessments.

SEC. 1202. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.

    (a) Grant Program Authorized.--From amounts made available 
in accordance with section 1204, the Secretary shall award, on 
a competitive basis, grants to State educational agencies that 
have submitted applications at such time, in such manner, and 
containing such information as the Secretary may reasonably 
require, which demonstrate, to the satisfaction of the 
Secretary, that the requirements of this section will be met, 
for one of more of the following:
            (1) 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).
            (2) Developing or improving assessments for 
        students who are children with disabilities, including 
        using the principles of universal design for learning, 
        which may include developing assessments aligned to 
        alternate academic achievement standards for students 
        with the most significant cognitive disabilities 
        described in section 1111(b)(2)(D).
            (3) Measuring student progress or academic growth 
        over time, including by using multiple measures.
            (4) Evaluating student academic achievement through 
        the development of comprehensive academic assessment 
        instruments, such as performance and technology-based 
        academic assessments that emphasize the mastery of 
        standards and aligned competencies in a competency-
        based education model, technology-based academic 
        assessments, computer adaptive assessments, and 
        portfolios, projects, or extended performance task 
        assessments.
    (b) 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.
    (c) Prohibition.--No funds provided under this section to 
the Secretary shall be used to mandate, direct, control, 
incentivize, or make financial awards conditioned upon States 
(or a consortia of States) developing any assessment common to 
a number of States, including testing activities prohibited 
under section 9529.

SEC. 1203. AUDITS OF ASSESSMENT SYSTEMS.

    (a) In General.--From the amount reserved under section 
1204(b)(1)(C) for a fiscal year, the Secretary shall make 
grants, from allotments in accordance with subsection (b), 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) carry out audits of State assessment 
                systems and ensure that local educational 
                agencies carry out audits of local assessments 
                under subsection (e)(1);
                    (B) prepare and carry out the State plan 
                under subsection (e)(6); 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) carry out the State plan under 
                subsection (e)(6); and
                    (B) award subgrants under subsection (f).
    (b) Minimum Amount.--Each State with an approved 
application shall receive a grant amount of not less than 
$1,500,000 per fiscal year.
    (c) Reallocation.--If a State chooses not to apply to 
receive a grant under this subsection, or if such State's 
application under subsection (d) is disapproved by the 
Secretary, the Secretary shall reallocate such grant amount to 
other States with approved applications.
    (d) Application.--A State desiring to receive a grant under 
this section shall submit an application to the Secretary at 
such time, in such manner, and containing such information as 
the Secretary may require.
    (e) Audits of State Assessment Systems and Local 
Assessments.--
            (1) Audit requirements.--Not later than 1 year 
        after a State receives a grant under this section for 
        the first time, the State shall--
                    (A) conduct an audit of the State 
                assessment system;
                    (B) ensure that each local educational 
                agency under the State's jurisdiction and 
                receiving funds under this Act--
                            (i) conducts an audit of each local 
                        assessment administered by the local 
                        educational agency; 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--
                            (i) publicly available, such as a 
                        widely accessible online platform; and
                            (ii) with appropriate accessibility 
                        provisions for children with 
                        disabilities and English learners.
            (2) Resources for local educational agencies.--In 
        carrying out paragraph (1)(B), each State shall develop 
        and provide local educational agencies with resources, 
        such as guidelines and protocols, to assist the 
        agencies in conducting and reporting the results of the 
        audit required under such paragraph.
            (3) State assessment system description.--An audit 
        of a State assessment system conducted under paragraph 
        (1) shall include a description of each State 
        assessment carried out in the State, including--
                    (A) the grade and subject matter assessed;
                    (B) whether the assessment is required 
                under section 1111(b)(2) or allowed under 
                section 1111(b)(2)(D);
                    (C) the annual cost to the State 
                educational agency involved in developing, 
                purchasing, administering, and scoring the 
                assessment;
                    (D) the purpose for which the assessment 
                was designed and the purpose for which the 
                assessment is used, including assessments 
                designed to contribute to systems of 
                improvement of teaching and learning;
                    (E) the time for disseminating assessment 
                results;
                    (F) a description of how the assessment is 
                aligned with the challenging State academic 
                standards under section 1111(b)(1);
                    (G) a description of any State law or 
                regulation that established the requirement for 
                the assessment;
                    (H) the schedule and calendar for all State 
                assessments given; and
                    (I) a description of the State's policies 
                for inclusion of English learners and children 
                with disabilities participating in assessments, 
                including developing and promoting the use of 
                appropriate accommodations.
            (4) Local assessment description.--An audit of a 
        local assessment conducted under paragraph (1) shall 
        include a description of the local assessment carried 
        out by the local educational agency, including--
                    (A) the descriptions listed in 
                subparagraphs (A), (D), and (E) of paragraph 
                (3);
                    (B) the annual cost to the local 
                educational agency of developing, purchasing, 
                administering, and scoring the assessment;
                    (C) the extent to which the assessment is 
                aligned to the challenging State academic 
                standards under section 1111(b)(1);
                    (D) a description of any State or local law 
                or regulation that establishes the requirement 
                for the assessment; and
                    (E) in the case of a summative assessment 
                that is used for accountability purposes, 
                whether the assessment is valid and reliable 
                and consistent with nationally recognized 
                professional and technical standards.
            (5) Stakeholder feedback.--Each audit of a State 
        assessment system or local assessment system conducted 
        under subparagraph (A) or (B) of paragraph (1) shall 
        include feedback on such system from education 
        stakeholders, which shall cover information such as--
                    (A) how educators, school leaders, and 
                administrators use assessment data to improve 
                and differentiate instruction;
                    (B) the timing of release of assessment 
                data;
                    (C) the extent to which assessment data is 
                presented in an accessible and understandable 
                format for educators, school leaders, parents, 
                students (if appropriate), and the community;
                    (D) the opportunities, resources, and 
                training educators and administrators are given 
                to review assessment results and make effective 
                use of assessment data;
                    (E) the distribution of technological 
                resources and personnel necessary to administer 
                assessments;
                    (F) the amount of time educators spend on 
                assessment preparation;
                    (G) the assessments that administrators, 
                educators, parents, and students, if 
                appropriate, do and do not find useful;
                    (H) the amount of time students spend 
                taking the assessments; and
                    (I) other information as appropriate.
            (6) State plan on audit findings.--
                    (A) Preparing the state plan.--Not later 
                than 6 months after a State conducts an audit 
                under paragraph (1) and based on the results of 
                such audit, the State shall, in coordination 
                with the local educational agencies under the 
                jurisdiction of the State, prepare and submit 
                to the Secretary, a plan to improve and 
                streamline State assessment systems and local 
                assessment systems, including through 
                activities such as--
                            (i) eliminating any assessments 
                        that are not required by section 
                        1111(b)(2) (such as by buying out the 
                        remainder of procurement contracts with 
                        assessment developers) and that--
                                    (I) are low-quality;
                                    (II) are not aligned to the 
                                challenging State academic 
                                standards under section 
                                1111(b)(1));
                                    (III) in the case of 
                                summative assessments used for 
                                accountability purposes, are 
                                not valid or reliable and are 
                                inconsistent with nationally 
                                recognized professional and 
                                technical standards;
                                    (IV) do not contribute to 
                                systems of improvement for 
                                teaching and learning; or
                                    (V) are redundant;
                            (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;
                            (iii) supporting local educational 
                        agencies or consortia of local 
                        educational agencies to carry out 
                        efforts to streamline local assessment 
                        systems and implementing a regular 
                        process of review and evaluation of 
                        assessment use in local educational 
                        agencies;
                            (iv) disseminating the assessment 
                        data in an accessible and 
                        understandable format for educators, 
                        parents, and families; and
                            (v) decreasing time between 
                        administering such State assessments 
                        and releasing assessment data.
                    (B) Carry out the state plan.--A State 
                shall carry out a State plan as soon as 
                practicable after the State prepares such State 
                plan under subparagraph (A) and during each 
                grant period of a grant described in subsection 
                (a)(2) that is awarded to the State.
    (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, use, and alignment with the 
        challenging State academic standards under section 
        1111(b)(1).
            (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's or 
        consortium's needs to improve assessment quality, use, 
        and alignment (as described in paragraph (1)).
            (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) eliminate any assessments identified 
                for elimination by such audit, such as by 
                buying out the remainder of procurement 
                contracts with assessment developers;
                    (C) disseminate the best practices 
                described in subsection (e)(6)(A)(ii);
                    (D) 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;
                    (E) improve assessment delivery systems and 
                schedules, including by increasing access to 
                technology and exam proctors, where 
                appropriate;
                    (F) 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; and
                    (G) provide for appropriate accommodations 
                to maximize inclusion of children with 
                disabilities and English learners participating 
                in assessments.
    (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.

SEC. 1204. FUNDING.

    (a) National Assessment of Educational Progress.--For the 
purpose of administering the State assessments under the 
National Assessment of Educational Progress, there are 
authorized to be appropriated such sums as may be necessary for 
fiscal years 2016 through 2021.
    (b) Allotment of Appropriated Funds.--
            (1) 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)(H), the 
        Secretary shall--
                    (A) reserve \1/2\ of 1 percent for the 
                Bureau of Indian Education;
                    (B) reserve \1/2\ of 1 percent for the 
                outlying areas;
                    (C) reserve not more than 20 percent to 
                carry out section 1203; and
                    (D) from the remainder, allocate to each 
                State for section 1201 an amount equal to--
                            (i) $3,000,000; and
                            (ii) 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.
            (2) Remainder.--Any amounts made available for a 
        fiscal year under subsection 1002(b) that are remaining 
        after the Secretary carries out paragraph (1) shall be 
        made available as follows:
                    (A)(i) To award funds under section 1202 to 
                States selected for such grants, according to 
                the quality, needs, and scope of the State 
                application under that section.
                    (ii) In determining the grant amount under 
                clause (i), the Secretary shall ensure that a 
                State's grant shall include 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 basis of the most recent satisfactory 
                data) bears to the total number of such 
                students in all States.
                    (B) Any amounts remaining after the 
                Secretary awards funds under subparagraph (A) 
                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.

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, in accordance with paragraph (3), 
        with the authority to establish an innovative 
        assessment system.
            (2) Demonstration period.--Each authorization of 
        demonstration authority under this section shall be for 
        a period of 3 years.
            (3) Initial demonstration authority; expansion.--
                    (A) Initial period.--During the initial 3-
                year period of demonstration authority under 
                this section, the Secretary shall provide 5 
                State educational agencies, subject to meeting 
                the application requirements in subsection (c), 
                with the authority described in paragraph (1).
                    (B) Expansion of demonstration authority.--
                After the end of the initial demonstration 
                period described in subparagraph (A), the 
                Secretary may provide additional State 
                educational agencies with demonstration 
                authority described in paragraph (1), if the 
                Secretary determines that overall the 
                innovative assessment systems have--
                            (i) demonstrated progress for all 
                        students, including at-risk students, 
                        through such measures as--
                                    (I) increasing student 
                                achievement and improving 
                                academic outcomes;
                                    (II) increasing graduation 
                                rates for high schools;
                                    (III) increasing retention 
                                rates of students in school; or
                                    (IV) decreasing rates of 
                                remediation for students;
                            (ii) been developed in accordance 
                        with the requirements of subsection 
                        (c), including substantial evidence 
                        that such system meets such 
                        requirements; and
                            (iii) demonstrated that the same 
                        system of assessments was used to 
                        measure the achievement of all students 
                        that participated in the demonstration 
                        authority, and at least 95 percent of 
                        such students overall and in each of 
                        the categories of students, as defined 
                        in section 1111(b)(3)(A), were assessed 
                        under the innovative assessment system.
    (c) Application.--A State educational agency that desires 
to participate in the program of demonstration authority 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. Such application shall 
include a description of the innovative assessment system. 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 category 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, and 
                civil rights organizations in the State;
                    (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 
                category 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 to ensure every 
                student is making progress;
                    (I) measure the annual progress of not less 
                than 95 percent of all students and students in 
                each of the categories of students, as defined 
                in section 1111(b)(3)(A), who are enrolled in 
                each school that is participating in the 
                innovative assessment system and are required 
                to take assessments;
                    (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);
                    (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 initial 
                demonstration and 2-year renewal period, if 
                applicable, including the timeline that 
                explains the process for scaling to statewide 
                implementation by either the end of the initial 
                demonstration authority or the 2-year renewal 
                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 
                        initial demonstration or 2-year renewal 
                        period;
                            (ii) performance of all 
                        participating students and for each 
                        category of students, as defined in 
                        section 1111(b)(3)(A), on the 
                        innovative assessment, consistent with 
                        the requirements in section 1111(d); 
                        and
                            (iii) feedback from teachers, 
                        principals, other school leaders, and 
                        parents about their satisfaction with 
                        the innovative assessment system.
            (3) A description of the State educational agency's 
        plan to--
                    (A) ensure that all students and each of 
                the categories of students, as defined in 
                section 1111(b)(3)(A)--
                            (i) are held to the same high 
                        standard as other students in the 
                        State; and
                            (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 demonstration that the participating 
                local educational agencies, as a group, will be 
                demographically similar to the State as a 
                whole.
    (d) Peer Review.--The Secretary shall--
            (1) implement a peer review process, which shall 
        include a review team comprised of practitioners and 
        experts who are knowledgeable about the assessment 
        innovation being proposed for all students, including 
        English learners and children with disabilities, to 
        inform--
                    (A) the awarding, renewal, and expansion of 
                the demonstration authority under this section; 
                and
                    (B) determinations about whether the 
                innovative assessment system--
                            (i) is comparable, 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 annual goals for all 
                        students and schools; and
            (2) make publicly available the applications 
        submitted under subsection (c) and the peer review 
        comments and recommendations regarding such 
        applications.
    (e) Renewal.--The Secretary may renew an authorization of 
demonstration authority under this subsection 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).
    (f) Use of Innovative Assessment System.--A State may, 
during the initial 3-year demonstration period or 2-year 
renewal period, include results from the innovative assessment 
systems developed under this authority 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), provided 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 after the 3-year demonstration period described in 
subsection (b)(2) or 2-year renewal period described in 
subsection (e), the State educational agency cannot present to 
the Secretary a body of substantial 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 categories 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 annual goals for 
        schools, 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 initial demonstration period and 2-
        year renewal, if the innovative assessment system will 
        initially be administered in a subset of local 
        educational agencies; and
            (5) is equivalent to the statewide assessments 
        under section 1111(b)(2) in content coverage, 
        difficulty, and quality.
    (h) Transition.--
            (1) In general.--If, after the initial 
        demonstration and renewal period, the State educational 
        agency has met all the requirements of this section, 
        such entity 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).
            (2) Waiver authority.--If, after the initial 
        demonstration and renewal 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 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.

                PART C--EDUCATION OF MIGRATORY CHILDREN

SEC. 1301. PROGRAM PURPOSE.

     It is the purpose of this part to assist States to--
            (1)* * *
            (2) 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 [State academic content and student 
        academic achievement standards]challenging State 
        academic standards;

           *       *       *       *       *       *       *

            (4) ensure that migratory children receive full and 
        appropriate opportunities to meet the same challenging 
        [State academic content and student academic 
        achievement standards]State academic standards that all 
        children are expected to meet;
            (5) design programs 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 do well in school, and to prepare such 
        children to make a successful transition to 
        postsecondary education or employment without the need 
        for postsecondary remediation; and
            (6) * * *

           *       *       *       *       *       *       *

SEC. 1303. STATE ALLOCATIONS.

    [(a) State Allocations.--
            [(1) Fiscal year 2002.--For fiscal year 2002, each 
        State (other than the Commonwealth of Puerto Rico) is 
        entitled to receive under this part an amount equal 
        to--
                    [(A) the sum of the estimated number of 
                migratory children aged 3 through 21 who reside 
                in the State full time and the full-time 
                equivalent of the estimated number of migratory 
                children aged 3 through 21 who reside in the 
                State part time, as determined in accordance 
                with subsection (e); multiplied by
                    [(B) 40 percent of the average per-pupil 
                expenditure in the State, except that the 
                amount determined under this paragraph shall 
                not be less than 32 percent, nor more than 48 
                percent, of the average per-pupil expenditure 
                in the United States.
            [(2) Subsequent years.--
                    [(A) Base amount.--
                            [(i) In general.--Except as 
                        provided in subsection (b) and clause 
                        (ii), each State (other than the 
                        Commonwealth of Puerto Rico) is 
                        entitled to receive under this part, 
                        for fiscal year 2003 and succeeding 
                        fiscal years, an amount equal to--
                                    [(I) the amount that such 
                                State received under this part 
                                for fiscal year 2002; plus
                                    [(II) the amount allocated 
                                to the State under subparagraph 
                                (B).
                            [(ii) Nonparticipating states.--In 
                        the case of a State (other than the 
                        Commonwealth of Puerto Rico) that did 
                        not receive any funds for fiscal year 
                        2002 under this part, the State shall 
                        receive, for fiscal year 2003 and 
                        succeeding fiscal years, an amount 
                        equal to--
                                    [(I) the amount that such 
                                State would have received under 
                                this part for fiscal year 2002 
                                if its application under 
                                section 1304 for the year had 
                                been approved; plus
                                    [(II) the amount allocated 
                                to the State under subparagraph 
                                (B).
                    [(B) Allocation of additional amount.--For 
                fiscal year 2003 and succeeding fiscal years, 
                the amount (if any) by which the funds 
                appropriated to carry out this part for the 
                year exceed such funds for fiscal year 2002 
                shall be allocated to a State (other than the 
                Commonwealth of Puerto Rico) so that the State 
                receives an amount equal to--
                            [(i) the sum of--
                                    [(I) the number of 
                                identified eligible migratory 
                                children, aged 3 through 21, 
                                residing in the State during 
                                the previous year; and
                                    [(II) 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 such year; 
                                multiplied by
                            [(ii) 40 percent of the average 
                        per-pupil expenditure in the State, 
                        except that the amount determined under 
                        this clause may not be less than 32 
                        percent, or more than 48 percent, of 
                        the average per-pupil expenditure in 
                        the United States.]
    (a) State Allocations.--
            (1) Base amount.--
                    (A) In general.--Except as provided in 
                subsection (b) and subparagraph (B), each State 
                (other than the Commonwealth of Puerto Rico) is 
                entitled to receive under this part, for fiscal 
                year 2003 and succeeding fiscal years, an 
                amount equal to--
                            (i) the amount that such State 
                        received under this part for fiscal 
                        year 2002; plus
                            (ii) the amount allocated to the 
                        State under paragraph (2).
                    (B) Nonparticipating states.--In the case 
                of a State (other than the Commonwealth of 
                Puerto Rico) that did not receive any funds for 
                fiscal year 2002 under this part, the State 
                shall receive, for fiscal year 2003 and 
                succeeding fiscal years, an amount equal to--
                            (i) the amount that such State 
                        would have received under this part for 
                        fiscal year 2002 if its application 
                        under section 1304 for the year had 
                        been approved; plus
                            (ii) the amount allocated to the 
                        State under paragraph (2).
            (2) Allocation of additional amount.--For fiscal 
        year 2003 and succeeding fiscal years, the amount (if 
        any) by which the funds appropriated to carry out this 
        part for the year exceed such funds for fiscal year 
        2002 shall be allocated to a State (other than the 
        Commonwealth of Puerto Rico) so that the State receives 
        an amount equal to--
                    (A) the sum of--
                            (i) the number of identified 
                        eligible migratory children, aged 3 
                        through 21, residing in the State 
                        during the previous year; and
                            (ii) the number of identified 
                        eligible migratory children, aged 3 
                        through 21, who received services under 
                        this part in summer or intercession 
                        programs provided by the State during 
                        such year; multiplied by
                    (B) 40 percent of the average per-pupil 
                expenditure in the State, except that the 
                amount determined under this subparagraph may 
                not be less than 32 percent, or more than 48 
                percent, of the average per-pupil expenditure 
                in the United States.
    (b) Allocation to Puerto Rico.--
            (1) In general.--For each fiscal year, the grant 
        which 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)(A) if such 
        subsection applied to the Commonwealth of Puerto Rico 
        by the product of--
                    (A) * * *

           *       *       *       *       *       *       *

    (c) Ratable Reductions; Reallocations.--
            (1) In general.--[(A) If, after]
                    (A) In general.--If, after the Secretary 
                reserves funds under section 1308(c), the 
                amount appropriated to carry out this part for 
                any fiscal year is insufficient to pay in full 
                the amounts for which all States are eligible, 
                the Secretary shall ratably reduce each such 
                amount.
                    (B) [If additional]Reallocation.--If 
                additional funds become available for making 
                such payments for any fiscal year, the 
                Secretary shall allocate such funds to States 
                in amounts that the Secretary determines will 
                best carry out the purpose of this part.
            (2) Special rule.--[(A) The Secretary](A) Further 
        reductions.--The Secretary shall further reduce the 
        amount of any grant to a State under this part for any 
        fiscal year if the Secretary determines, based on 
        available information on the numbers and needs of 
        migratory children in the State and the program 
        proposed by the State to address such needs, that such 
        amount exceeds the amount required under section 1304.
                    (B) [The Secretary]Reallocation.--The 
                Secretary shall reallocate such excess funds to 
                other States whose grants under this part would 
                otherwise be insufficient to provide an 
                appropriate level of services to migratory 
                children, in such amounts as the Secretary 
                determines are appropriate.
    (d) Consortium Arrangements.--
            (1) In general.--* * *

           *       *       *       *       *       *       *

            (3) Approval.--The Secretary shall approve a 
        consortium arrangement under paragraph (1) or (2) if 
        the proposal demonstrates that the arrangement will--
                    (A)* * *
                    (B) make more funds available for direct 
                services to add substantially to the [welfare 
                or educational attainment]academic achievement 
                of children to be served under this part.
    (e) Determining Numbers of Eligible Children.--In order to 
determine the [estimated]identified number of migratory 
children residing in each State for purposes of this section, 
[the Secretary shall--
            [(1) use such information as the Secretary finds 
        most accurately reflects the actual number of migratory 
        children;
            [(2) develop and implement a procedure for more 
        accurately reflecting cost factors for different types 
        of summer and intersession program designs;
            [(3) adjust the full-time equivalent number of 
        migratory children who reside in each State to take 
        into account--
                    [(A) the special needs of those children 
                participating in special programs provided 
                under this part that operate during the summer 
                and intersession periods; and
                    [(B) the additional costs of operating such 
                programs; and
            [(4) conduct an analysis of the options for 
        adjusting the formula so as to better direct services 
        to the child whose education has been interrupted.]the 
        Secretary shall use such information as the Secretary 
        finds most accurately reflects the actual number of 
        migratory children.

SEC. 1304. STATE APPLICATIONS; SERVICES.

    (a) Application Required.--* * *
    (b) Program Information.--Each such application shall 
include--
            (1) a description of how, in planning, 
        implementing, and evaluating programs and projects 
        assisted under this part, the State and its local 
        operating agencies will ensure that the [special 
        educational needs]unique educational needs of migratory 
        children, including preschool migratory children and 
        out of school migratory children, are identified and 
        addressed through--
                    (A) * * *
                    (B) joint planning among local, State, and 
                Federal educational programs serving migrant 
                children, including language instruction 
                educational programs under [part A or B of 
                title III]part A of title III;
                    (C) * * *
                    [(D) measurable program goals and 
                outcomes;](D) measurable program objectives and 
                outcomes;
            (2) a description of the steps the State is taking 
        to provide all migratory students with the opportunity 
        to meet the same [challenging State academic content 
        standards and challenging State student academic 
        achievement standards]challenging State academic 
        standards that all children are expected to meet;
            (3) a description of how the State will use funds 
        received under this part to promote interstate and 
        intrastate coordination of services for migratory 
        children, including how[, consistent with procedures 
        the Secretary may require,] the State will provide for 
        educational continuity through the timely transfer of 
        pertinent school records, including information on 
        health, when children move from one school to another, 
        whether or not such move occurs during the regular 
        school year;
            (4) * * *
            (5) a description of how the State will determine 
        the amount of any subgrants the State will award to 
        local operating agencies, taking into account the 
        numbers and needs of migratory children, the 
        requirements of subsection (d), and the availability of 
        funds from other Federal, State, and local programs; 
        and
            [(6) such budgetary and other information as the 
        Secretary may require; and]
            [(7)](6) * * *
    (c) Assurances.--Each such application shall also include 
assurances[, satisfactory to the Secretary,] that--
            (1) funds received under this part will be used 
        only--
                    (A) * * *

           *       *       *       *       *       *       *

            (2) such programs and projects will be carried out 
        [in a manner consistent with the objectives of section 
        1114, subsections (b) and (d) of section 1115, 
        subsections (b) and (c) of section 1120A, and part I]in 
        a manner consistent with the objectives of section 
        1113(c), paragraphs (3) and (4) of section 1113(d), 
        subsections (b) and (c) of section 1117, and part E;
            (3) in the planning and operation of programs and 
        projects at both the State and local agency operating 
        level, there is consultation with [parent advisory 
        councils]parents of migratory children, including 
        parent advisory councils for programs of 1 school year 
        in duration, and that all such programs and projects 
        are carried out--
                    (A) in a manner that provides for the same 
                parental involvement as is required for 
                programs and projects under [section 
                1118]section 1115, unless extraordinary 
                circumstances make such provision impractical; 
                and
                    (B) * * *
            (4) in planning and carrying out such programs and 
        projects, there has been, and will be, adequate 
        provision for addressing the unmet education needs of 
        preschool migratory children and out of school 
        migratory children;
            (5) * * *
            (6) [to the extent feasible,] such programs and 
        projects will provide for--
                    (A) advocacy and outreach activities for 
                migratory children and their families, 
                including informing such children and families 
                of, or helping such children and families gain 
                access to, other education, health, nutrition, 
                and social services;
                    (B) * * *
                    [(C) family literacy programs, including 
                such programs that use models developed under 
                Even Start;](C) evidence-based family literacy 
                programs;
                    (D) * * *
                    (E) programs to facilitate the transition 
                of secondary school students to postsecondary 
                education or employment, without the need for 
                postsecondary remediation; and
            (7) the State will assist the Secretary in 
        determining the number of migratory children under 
        [paragraphs (1)(A) and (2)(B)(i) of section 1303(a), 
        through such procedures as the Secretary may 
        require]section 1303(a)(2)(A).
    [(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 are failing, or 
most at risk of failing, to meet the State's challenging State 
academic content standards and challenging State student 
academic achievement standards, and whose education has been 
interrupted during the regular school year.]
    (d) Priority for Services.--In providing services with 
funds received under this part, each recipient of such funds 
shall give priority to migratory children who have made a 
qualifying move within the previous 1-year period and who--
            (1) are failing, or most at risk of failing, to 
        meet the challenging State academic standards; or
            (2) have dropped out of school.
    (e) Continuation of Services.--Notwithstanding any other 
provision of this part--
            (1) * * *

           *       *       *       *       *       *       *

            (3) [secondary school students]students who were 
        eligible for services in secondary school may continue 
        to be served through credit accrual programs until 
        graduation.

SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.

    (a) Secretarial Approval.--The Secretary shall, to the 
extent practicable, approve each State application that meets 
the requirements of this part.
    (b) Peer Review.--* * *

SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN; 
                    AUTHORIZED ACTIVITIES.

    (a) Comprehensive Plan.--
            (1) In general.--Each State that receives 
        assistance under this part shall ensure that the State 
        and its local operating agencies identify and address 
        the [special]unique educational needs of migratory 
        children in accordance with a comprehensive State plan 
        that--
                    (A) is integrated with other programs under 
                this Act or other Acts, as appropriate;
                    (B) may be submitted as a part of a 
                consolidated application under section 9302, 
                if--
                            (i) the [special]unique needs of 
                        migratory children are specifically 
                        addressed in the comprehensive State 
                        plan;

           *       *       *       *       *       *       *

                    (C) provides that migratory children will 
                have an opportunity to meet the same 
                [challenging State academic content standards 
                and challenging State student academic 
                achievement standards]challenging State 
                academic standards that all children are 
                expected to meet;

           *       *       *       *       *       *       *

                    (F) is the product of joint planning among 
                such local, State, and Federal programs, 
                including programs under part A, early 
                childhood programs, and language instruction 
                educational programs under part A [or B] of 
                title III; and
                    (G) * * *

           *       *       *       *       *       *       *

    (b) Authorized Activities.--
            (1) Flexibility.--* * *

           *       *       *       *       *       *       *

            (4) Special rule.--Notwithstanding [section 
        1114]section 1113(c), a school that receives funds 
        under this part shall continue to address the 
        identified needs described in paragraph (1), and shall 
        meet the [special]unique educational needs of migratory 
        children before using funds under this part for 
        schoolwide programs under [section 1114]section 
        1113(c).

SEC. 1307. BYPASS.

     The Secretary may use all or part of any State's 
allocation under this part to make arrangements with any public 
or private [nonprofit] agency to carry out the purpose of this 
part in such State if the Secretary determines that--
            (1) the State is unable or unwilling to conduct 
        educational programs for migratory children;

           *       *       *       *       *       *       *

            (3) such arrangements would add substantially to 
        the [welfare or educational attainment]educational 
        achievement of such children.

SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.

    (a) Improvement of Coordination.--
            (1) In general.--The Secretary, in consultation 
        with the States, may make grants to, or enter into 
        contracts with, State educational agencies, local 
        educational agencies, institutions of higher education, 
        and other public and private nonprofit entities to 
        improve the interstate and intrastate coordination 
        among such agencies' educational programs, including 
        through the establishment or improvement of programs 
        for credit accrual and exchange, available to migratory 
        students.
            (2) Duration.--* * *
    (b) Student Records.--
            (1) Assistance.--The Secretary shall assist States 
        in [developing effective methods for] the electronic 
        transfer of student records and in determining the 
        number of migratory children in each State.
            (2) Information system.--
                    (A) In general.--The Secretary, in 
                consultation with the States, shall [ensure the 
                linkage of migrant student]maintain a migratory 
                record [systems]system for the purpose of 
                electronically exchanging, within and among the 
                States, health and educational information 
                regarding [all migratory students]all migratory 
                children eligible under this part. [The 
                Secretary shall ensure such linkage occurs in a 
                cost-effective manner, utilizing systems used 
                by the States prior to, or developed after, the 
                date of enactment of the No Child Left Behind 
                Act of 2001, and shall determine the minimum 
                data elements that each State receiving funds 
                under this part shall collect and maintain.] 
                Such elements may include--
                            (i) immunization records and other 
                        health information;
                            (ii) elementary and secondary 
                        academic history (including partial 
                        credit), credit accrual, and results 
                        from State assessments [required] under 
                        section 1111(b);

           *       *       *       *       *       *       *

                    (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.
                    [(B)](C) Notice and comment.--After 
                consulting with the States under subparagraph 
                (A), the Secretary shall publish a notice in 
                the Federal Register seeking public comment on 
                [the proposed data elements]any new proposed 
                data elements that each State receiving funds 
                under this part shall be required to collect 
                for purposes of electronic transfer of 
                migratory student information and the 
                requirements that States shall meet for 
                immediate electronic access to such 
                information. [Such publication shall occur not 
                later than 120 days after the date of enactment 
                of the No Child Left Behind Act of 2001.]
            (3) No cost for certain transfers.--* * *
            [(4) Report to congress.--
                    [(A) In general.--Not later than April 30, 
                2003, the Secretary shall 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 the Secretary's findings and 
                recommendations regarding the maintenance and 
                transfer of health and educational information 
                for migratory students by the States.
                    [(B) Required contents.--The Secretary 
                shall include in such report--
                            [(i) a review of the progress of 
                        States in developing and linking 
                        electronic records transfer systems;
                            [(ii) recommendations for the 
                        development and linkage of such 
                        systems; and
                            [(iii) recommendations for measures 
                        that may be taken to ensure the 
                        continuity of services provided for 
                        migratory students.]
    (c) Availability of Funds.--* * *

           *       *       *       *       *       *       *

SEC. 1309. DEFINITIONS.

     As used in this part:
            (1) Local operating agency.--* * *
                    (A) * * *
                    (B) a public or [nonprofit] private agency 
                with which a State educational agency or the 
                Secretary makes an arrangement to carry out a 
                project under this part; or
                    (C) * * *
            [(2) Migratory child.--The term ``migratory child'' 
        means a child who is, or whose parent or spouse is, a 
        migratory agricultural worker, including a migratory 
        dairy worker, or a migratory fisher, and who, in the 
        preceding 36 months, in order to obtain, or accompany 
        such parent or spouse, in order to obtain, temporary or 
        seasonal employment in agricultural or fishing work--
                    [(A) has moved from one school district to 
                another;
                    [(B) in a State that is comprised of a 
                single school district, has moved from one 
                administrative area to another within such 
                district; or
                    [(C) resides in a school district of more 
                than 15,000 square miles, and migrates a 
                distance of 20 miles or more to a temporary 
                residence to engage in a fishing activity.]
            (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 new employment and has a 
        recent history of moves for agricultural employment.
            (3) Migratory child.--The term ``migratory child'' 
        means a child or youth who made a qualifying move in 
        the preceding 36 months--
                    (A) as a migratory agricultural worker or a 
                migratory fisher; or
                    (B) with, or to join, a parent or spouse 
                who is a migratory agricultural worker or a 
                migratory fisher.
            (4) Migratory fisher.--The term ``migratory 
        fisher'' means an individual who made a qualifying move 
        in the preceding 36 months and, after doing so, engaged 
        in new temporary or seasonal employment or personal 
        subsistence in fishing. If the individual did not 
        engage in such new employment soon after the move, the 
        individual may be considered a migratory fisher if the 
        individual actively sought new employment and has a 
        recent history of moves for fishing work.
            (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;
                            (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 to engage in a 
                        fishing activity; or
                            (iii) in a case in which another 
                        exception applies, as defined by the 
                        Secretary.

           *       *       *       *       *       *       *

PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO 
                 ARE NEGLECTED, DELINQUENT, OR AT-RISK

SEC. 1401. PURPOSE AND PROGRAM AUTHORIZATION.

    (a) Purpose.--It is the purpose of this part--
            (1) to improve educational services for children 
        and youth in local, tribal, and State institutions for 
        neglected or delinquent children and youth so that such 
        children and youth have the opportunity to meet the 
        same [challenging State academic content standards and 
        challenging State student academic achievement 
        standards]challenging State academic standards that all 
        children in the State are expected to meet;
            (2) * * *
            (3) to prevent at-risk youth from dropping out of 
        school, and to provide dropouts, and children and youth 
        returning from correctional facilities or institutions 
        for neglected or delinquent children and youth, with a 
        support system to ensure their continued education and 
        the involvement of their families and communities.
    (b) Program Authorized.--* * *

           *       *       *       *       *       *       *

SEC. 1412. ALLOCATION OF FUNDS.

    (a) Subgrants to State Agencies.--
            (1) In general.--Each State agency described in 
        section 1411 (other than an agency in the Commonwealth 
        of Puerto Rico) is eligible to receive a subgrant under 
        this subpart, for each fiscal year, in an amount equal 
        to the product of--
                    (A) the number of neglected or delinquent 
                children and youth described in section 1411 
                who--
                            (i)* * *

           *       *       *       *       *       *       *

    (b) Subgrants to State Agencies in Puerto Rico.--
            (1) In general.--For each fiscal year, the amount 
        of the subgrant which a State agency in the 
        Commonwealth of Puerto Rico shall be eligible to 
        receive under this subpart shall be the amount 
        determined by multiplying the number of children 
        counted under subsection (a)(1)(A) for the Commonwealth 
        of Puerto Rico by the product of--
                    (A) * * *

           *       *       *       *       *       *       *

            [(2) Minimum percentage.--The percentage in 
        paragraph (1)(A) shall not be less than--
                    [(A) for fiscal year 2002, 77.5 percent;
                    [(B) for fiscal year 2003, 80.0 percent;
                    [(C) for fiscal year 2004, 82.5 percent; 
                and
                    [(D) for fiscal year 2005 and succeeding 
                fiscal years, 85.0 percent.]
            (2) Minimum percentage.--The percentage in 
        paragraph (1)(A) shall not be less than 85 percent.

           *       *       *       *       *       *       *

SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.

    (a) State Plan.--
            (1) In general.--Each State educational agency that 
        desires to receive a grant under this subpart shall 
        submit, for approval by the Secretary, a plan--
                    (A) * * *
                    (B) for assisting in the transition of 
                children and youth [from correctional 
                facilities to locally operated programs]between 
                correctional facilities and locally operated 
                programs; and
                    (C) * * *
            (2) Contents.--Each such State plan shall--
                    (A) describe [the program goals, 
                objectives, and performance measures 
                established by the State]the program objectives 
                and outcomes established by the State that will 
                be used to assess the effectiveness of the 
                program in improving the academic, 
                [vocational]career, and technical skills of 
                children in the program;
                    (B) provide that, to the extent feasible, 
                such children will have the same opportunities 
                to achieve as such children would have if such 
                children were in the schools of local 
                educational agencies in the State; [and]
                    (C) contain an assurance that the State 
                educational agency will--
                            (i) ensure that programs assisted 
                        under this subpart will be carried out 
                        in accordance with the State plan 
                        described in this subsection; and
                            [(ii) carry out the evaluation 
                        requirements of section 1431;]
                            [(iii)](ii) ensure that the State 
                        agencies receiving subgrants under this 
                        subpart comply with all applicable 
                        statutory and regulatory requirements; 
                        and
                            [(iv) provide such other 
                        information as the Secretary may 
                        reasonably require.]
                    (D) provide assurances that the State 
                educational agency has established--
                            (i) procedures to ensure the prompt 
                        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 students earn 
                        during placement; and
                            (ii) opportunities for such 
                        students to participate in higher 
                        education or career pathways.
            (3) Duration of the plan.--Each such State plan 
        shall--
                    (A) * * *

           *       *       *       *       *       *       *

    (c) State Agency Applications.--Any State agency that 
desires to receive funds to carry out a program under this 
subpart shall submit an application to the State educational 
agency that--
            (1) describes the procedures to be used, consistent 
        with the State plan under section 1111, to assess and 
        respond to the educational needs of the children to be 
        served under this subpart and to the extent 
        practicable, provide for an assessment upon entry into 
        a correctional facility;
            (2) * * *

           *       *       *       *       *       *       *

            (6) describes how the State agency will [carry out 
        the evaluation requirements of section 9601 and how]use 
        the results of the most recent evaluation under section 
        9601 [will be used] to plan and improve the program;
            (7) * * *
            (8) describes how the programs will be coordinated 
        with other appropriate State and Federal programs, such 
        as programs under title I of Public Law 105-220, 
        [vocational]career and technical education programs, 
        State and local dropout prevention programs, and 
        special education programs;
            (9) describes how the State agency will encourage 
        correctional facilities receiving funds under this 
        subpart to coordinate with local educational agencies 
        or alternative education programs attended by 
        incarcerated children and youth prior to and following 
        their incarceration to ensure that student assessments 
        and appropriate academic records are shared jointly 
        between the correctional facility and the local 
        educational agency or alternative education program 
        and, to the extent practicable, to ensure that 
        transition plans are in place;

           *       *       *       *       *       *       *

            (11) designates an individual in each affected 
        correctional facility or institution for neglected or 
        delinquent children and youth to be responsible for 
        issues relating to the [transition of children and 
        youth from such facility or institution to]transition 
        of such children and youth between such facility or 
        institution and locally operated programs;

           *       *       *       *       *       *       *

            (16) provides an assurance that the State agency 
        will work with children and youth who dropped out of 
        school before entering the correctional facility or 
        institution for neglected or delinquent children and 
        youth to encourage the children and youth to reenter 
        school and obtain a high school diploma once the term 
        of the incarceration is completed or provide the child 
        or youth with the skills necessary to gain employment, 
        continue the education of the child or youth, or 
        achieve a secondary school diploma or its recognized 
        equivalent if the child or youth does not intend to 
        return to school;
            (17) provides an assurance that certified or 
        licensed teachers and other qualified staff are trained 
        to work with children and youth with disabilities and 
        other students with special needs taking into 
        consideration the unique needs of such students;

           *       *       *       *       *       *       *

SEC. 1415. USE OF FUNDS.

    (a) Uses.--
            (1) In general.--A State agency shall use funds 
        received under this subpart only for programs and 
        projects that--
                    (A) * * *
                    (B) concentrate on providing participants 
                with the knowledge and skills needed to make a 
                successful transition to, without the need for 
                remediation, secondary school completion, 
                [vocational or technical training]career and 
                technical education, further education, or 
                employment.
            (2) Programs and projects.--Such programs and 
        projects--
                    [(A) may include the acquisition of 
                equipment;]
                    (A) may include--
                            (i) the acquisition of equipment; 
                        and
                            (ii) pay for success initiatives 
                        that produce a measurable, clearly 
                        defined outcome that results in social 
                        benefit and direct cost savings to the 
                        local, State, or Federal Government;
                    (B) shall be designed to support 
                educational services that--
                            (i) except for institution-wide 
                        projects under section 1416, are 
                        provided to children and youth 
                        identified by the State agency as 
                        failing, or most at-risk of failing, to 
                        meet the State's challenging academic 
                        [content standards and student academic 
                        achievement] standards;
                            (ii) * * *
                            (iii) afford such children and 
                        youth an opportunity to meet 
                        [challenging State academic achievement 
                        standards]challenging State academic 
                        standards; and
                    (C) shall be carried out in a manner 
                consistent with [section 1120A]section 1117 and 
                part I (as applied to programs and projects 
                under this part)[; and].
                    [(D) may include the costs of meeting the 
                evaluation requirements of section 9601.]
    (b) Supplement, Not Supplant.--A program under this subpart 
that supplements the number of hours of instruction students 
receive from State and local sources shall be considered to 
comply with the supplement, not supplant requirement of 
[section 1120A]section 1117 (as applied to this part) without 
regard to the subject areas in which instruction is given 
during those hours.

SEC. 1416. INSTITUTION-WIDE PROJECTS.

     A State agency that provides free public education for 
children and youth in an institution for neglected or 
delinquent children and youth (other than an adult correctional 
institution) or attending a community-day program for such 
children and youth may use funds received under this subpart to 
serve all children in, and upgrade the entire educational 
effort of, that institution or program if the State agency has 
developed, and the State educational agency has approved, a 
comprehensive plan for that institution or program that--
            (1) * * *

           *       *       *       *       *       *       *

            (3) describes the steps the State agency has taken, 
        or will take, to provide all children and youth under 
        age 21 with the opportunity to meet [challenging State 
        academic content standards and student academic 
        achievement standards]challenging State academic 
        standards in order to improve the likelihood that the 
        children and youth will [complete secondary school, 
        attain a secondary diploma]attain a high school diploma 
        or its recognized equivalent, or find employment after 
        leaving the institution;
            (4) describes the instructional program, 
        [pupil]specialized instructional support services, and 
        procedures that will be used to meet the needs 
        described in paragraph (1), including, to the extent 
        feasible, the provision of mentors for the children and 
        youth described in paragraph (1) and, to the extent 
        practicable, the development and implementation of 
        transition plans;
            (5) * * *
            (6) describes the measures and procedures that will 
        be used to assess [student progress]and improve student 
        achievement;
            (7) * * *

           *       *       *       *       *       *       *

SEC. 1418. TRANSITION SERVICES.

    (a) Transition Services.--Each State agency shall reserve 
not less than 15 percent and not more than 30 percent of the 
amount such agency receives under this subpart for any fiscal 
year to support--
            [(1) projects that facilitate the transition of 
        children and youth from State-operated institutions to 
        schools served by local educational agencies; or]
            (1) projects that facilitate the transition of 
        children and youth between State-operated institutions, 
        or institutions in the State operated by the Secretary 
        of the Interior, and schools served by local 
        educational agencies or schools operated or funded by 
        the Bureau of Indian Education; or
            (2) the successful reentry, without the need for 
        remediation, of youth offenders, who are age 20 or 
        younger and have received a [secondary]high school 
        diploma or its recognized equivalent, into 
        postsecondary education, or [vocational]career and 
        technical training programs, through strategies 
        designed to expose the youth to, and prepare the youth 
        for, postsecondary education, or [vocational]career and 
        technical training programs, such as--
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) essential support services to ensure 
                the success of the youth, such as--
                            (i) personal, [vocational]career 
                        and technical, and academic, 
                        counseling;
                            (ii) * * *

           *       *       *       *       *       *       *

SEC. 1419. EVALUATION; TECHNICAL ASSISTANCE; ANNUAL MODEL PROGRAM.

     The Secretary may reserve not more than 2.5 percent of the 
amount made available to carry out this subpart [for a fiscal 
year--
            [(1) to develop a uniform model to evaluate the 
        effectiveness of programs assisted under this subpart; 
        and
            [(2) to provide]for a fiscal year to provide 
        technical assistance to and support the capacity 
        building of State agency programs assisted under this 
        subpart.

                    Subpart 2--Local Agency Programs

SEC. 1421. PURPOSE.

     The purpose of this subpart is to support the operation of 
local educational agency programs that involve collaboration 
with locally operated correctional facilities--
            (1) to carry out high quality education programs to 
        prepare children and youth, without the need for 
        remediation, for secondary school completion, training, 
        employment, or further education;
            (2) * * *
            (3) to operate programs in local schools, including 
        schools operated or funded by the Bureau of Indian 
        Education, for children and youth returning from 
        correctional facilities, and programs which may serve 
        at-risk children and youth.

SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

    (a) Local Subgrants.--* * *

           *       *       *       *       *       *       *

    (d) Transitional and Academic Services.--Transitional and 
supportive programs operated in local educational agencies 
under this subpart shall be designed primarily to meet the 
transitional and academic needs, and may include the 
nonacademic needs, of students returning to local educational 
agencies or alternative education programs from correctional 
facilities. Services to students at-risk of dropping out of 
school shall not have a negative [impact on meeting the 
transitional]impact on meeting such transitional and academic 
needs of the students returning from correctional facilities.

SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

     Each local educational agency desiring assistance under 
this subpart shall submit an application to the State 
educational agency that contains such information as the State 
educational agency may require. Each such application shall 
include--
            (1) * * *
            (2) a description of formal agreements, regarding 
        the program to be assisted, between--
                    (A) * * *
                    (B) correctional facilities and alternative 
                school programs serving children and youth 
                involved with the juvenile justice system, 
                including such facilities operated by the 
                Secretary of the Interior and Indian tribes;
            (3) * * *
            [(4) a description of the program operated by 
        participating schools for 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;]
            (4) a description of the activities that the local 
        educational agency will carry out to facilitate the 
        successful transition of children and youth in locally 
        operated institutions for neglected and delinquent 
        children and other correctional institutions into 
        schools served by the local educational agency, or as 
        appropriate, into career and technical education and 
        postsecondary education programs;

           *       *       *       *       *       *       *

            (8) as appropriate, a description of how the 
        program will involve parents and family members in 
        efforts to improve the educational achievement of their 
        children, assist in dropout prevention activities, and 
        prevent the involvement of their children in delinquent 
        activities;
            (9) a description of how the program under this 
        subpart will be coordinated with other Federal, State, 
        and local programs, such as programs under title I of 
        Public Law 105-220 and [vocational]career and technical 
        education programs serving at-risk children and youth;
            (10) * * *
            [(11) as appropriate, a description of how schools 
        will work with probation officers to assist in meeting 
        the needs of children and youth returning from 
        correctional facilities;]
            (11) as appropriate, a description of how the local 
        educational agency and schools will address the 
        educational needs of children and youth who return from 
        institutions for neglected and delinquent children and 
        youth or from correctional institutions and attend 
        regular or alternative schools;
            (12) a description of the efforts [participating 
        schools]the local educational agency will make to 
        ensure correctional facilities working with children 
        and youth are aware of a child's or youth's existing 
        individualized education program; and
            (13) * * *

           *       *       *       *       *       *       *

SEC. 1424. USES OF FUNDS.

     Funds provided to local educational agencies under this 
subpart may be used, as appropriate, for--
            (1) * * *
            (2) dropout prevention programs which serve at-risk 
        children and youth[, including pregnant and parenting 
        teens, children and youth who have come in contact with 
        the juvenile justice system, children and youth at 
        least 1 year behind their expected grade level, migrant 
        youth, immigrant youth, students with limited English 
        proficiency, and gang members];
            (3) * * *
            (4) special programs to meet the unique academic 
        needs of participating children and youth, including 
        [vocationa]career and technical education, special 
        education, career counseling, curriculum-based youth 
        entrepreneurship education, and assistance in securing 
        student loans or grants for postsecondary education; 
        [and]
            (5) programs providing mentoring and peer 
        mediation[.];
            (6) programs for at-risk Indian children and youth, 
        including such children and youth in correctional 
        facilities in the area served by the local educational 
        agency that are operated by the Secretary of the 
        Interior or Indian tribes; and
            (7) pay for success initiatives that produce a 
        measurable, clearly defined outcome that results in 
        social benefit and direct cost savings to the local, 
        State, or Federal government.

SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING 
                    FUNDS UNDER THIS SECTION.

     Each correctional facility entering into an agreement with 
a local educational agency under section 1423(2) to provide 
services to children and youth under this subpart shall--
            (1) * * *

           *       *       *       *       *       *       *

            (4) provide support programs that encourage 
        children and youth who have dropped out of school to 
        reenter school and obtain a high school diploma once 
        their term at the correctional facility has been 
        completed, or provide such children and youth with the 
        skills necessary to gain employment [or seek a 
        secondary school diploma or its recognized equivalent];
            (5) * * *
            (6) ensure that educational programs in the 
        correctional facility are related to assisting students 
        to meet [high academic achievement standards]the 
        challenging State academic standards;

           *       *       *       *       *       *       *

            (9) coordinate funds received under this subpart 
        with other local, State, and Federal funds available to 
        provide services to participating children and youth, 
        such as funds made available under title I of Public 
        Law 105-220, and [vocational]career and technical 
        education funds;
            (10) coordinate programs operated under this 
        subpart with activities funded under the Juvenile 
        Justice and Delinquency Prevention Act of 1974 and 
        other comparable programs, if applicable; [and]
            (11) if appropriate, work with local businesses to 
        develop training, curriculum-based youth 
        entrepreneurship education, and mentoring programs for 
        children and youth[.];
            (12) to the extent practicable, develop an initial 
        educational services and transition plan for each child 
        or youth served under this subpart upon entry into the 
        correctional facility, in partnership 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), consistent with section 
        1414(a)(1); and
            (13) consult with the local educational agency for 
        a period jointly determined necessary by the 
        correctional facility and local educational agency upon 
        discharge from that facility, to coordinate educational 
        services so as to minimize disruption to the child's or 
        youth's achievement.

SEC. 1426. ACCOUNTABILITY.

     The State educational agency may--
            (1) * * *
            (2) require correctional facilities or institutions 
        for neglected or delinquent children and youth to 
        demonstrate, after receiving assistance under this 
        subpart for 3 years, that there has been an increase in 
        the number of children and youth returning to school, 
        obtaining a [secondary]high school diploma or its 
        recognized equivalent, or obtaining employment after 
        such children and youth are released.

                     Subpart 3--General Provisions

SEC. 1431. PROGRAM EVALUATIONS.

    (a) Scope of Evaluation.--Each State agency or local 
educational agency that conducts a program under subpart 1 or 2 
shall evaluate the program, disaggregating data on 
participation by gender, race, ethnicity, and age, not less 
than once every 3 years, to determine the program's impact on 
the ability of participants--
            (1) to maintain and improve educational achievement 
        and to graduate high school in the standard number of 
        years;
            (2) to accrue school credits that meet State 
        requirements for grade promotion and [secondary]high 
        school graduation;
            (3) to make the transition to a regular program or 
        other education program operated by a local educational 
        agency or school operated or funded by the Bureau of 
        Indian Education;
            (4) to complete [secondary]high school (or 
        [secondary]high school equivalency requirements) and 
        obtain employment after leaving the correctional 
        facility or institution for neglected or delinquent 
        children and youth; and
            (5) * * *
    (b) Exception.--* * *

           *       *       *       *       *       *       *

SEC. 1432. DEFINITIONS.

     In this part:
            (1) Adult correctional institution.--* * *
            (2) At-risk.--The term ``at-risk'', when used with 
        respect to a child, youth, or student, means a school 
        aged individual who is at-risk of academic failure, has 
        a drug or alcohol problem, is pregnant or is a parent, 
        has come into contact with the juvenile justice system 
        in the past, is at least 1 year behind the expected 
        grade level for the age of the individual, [has limited 
        English proficiency]is an English learner, is a gang 
        member, has dropped out of school in the past, [or has 
        a high absenteeism rate at school.]has a high 
        absenteeism rate at school, or has other life 
        conditions that make the individual at high risk for 
        dependency or delinquency adjudication.
            (3) * * *

           *       *       *       *       *       *       *

                [PART E--NATIONAL ASSESSMENT OF TITLE I]

[SEC. 1501. EVALUATIONS.

    [(a) National Assessment of Title I.--
            [(1) In general.--The Secretary shall conduct a 
        national assessment of the programs assisted under this 
        title and the impact of this title on States, local 
        educational agencies, schools, and students.
            [(2) Issues to be examined.--In conducting the 
        assessment under this subsection, the Secretary shall 
        examine, at a minimum, the following:
                    [(A) The implementation of programs 
                assisted under this title and the impact of 
                such implementation on increasing student 
                academic achievement (particularly in schools 
                with high concentrations of children living in 
                poverty), relative to the goal of all students 
                reaching the proficient level of achievement 
                based on State academic assessments, 
                challenging State academic content standards, 
                and challenging State student academic 
                achievement standards under section 1111.
                    [(B) The types of programs and services 
                that have demonstrated the greatest likelihood 
                of helping students reach the proficient and 
                advanced levels of achievement based on State 
                student academic achievement standards and 
                State academic content standards.
                    [(C) The implementation of State academic 
                standards, assessments, and accountability 
                systems developed under this title, including--
                            [(i) the time and cost required for 
                        the development of academic assessments 
                        for students in grades 3 through 8;
                            [(ii) how well such State 
                        assessments meet the requirements for 
                        assessments described in this title; 
                        and
                            [(iii) the impact of such 
                        standards, assessments, and 
                        accountability systems on educational 
                        programs and instruction at the local 
                        level.
                    [(D) Each State's definition of adequate 
                yearly progress, including--
                            [(i) the impact of applying this 
                        definition to schools, local 
                        educational agencies, and the State;
                            [(ii) the number of schools and 
                        local educational agencies not meeting 
                        this definition; and
                            [(iii) the changes in the 
                        identification of schools in need of 
                        improvement as a result of such 
                        definition.
                    [(E) How schools, local educational 
                agencies, and States have--
                            [(i) publicized and disseminated 
                        the local educational agency report 
                        cards required under section 1111(h)(2) 
                        to teachers, school staff, students, 
                        parents, and the community;
                            [(ii) used funds made available 
                        under this title to provide preschool 
                        and family literacy services and the 
                        impact of these services on students' 
                        school readiness;
                            [(iii) implemented the provisions 
                        of section 1118 and afforded parents 
                        meaningful opportunities to be involved 
                        in the education of their children;
                            [(iv) used Federal, State, and 
                        local educational agency funds and 
                        resources to support schools and 
                        provide technical assistance to improve 
                        the achievement of students in low-
                        performing schools, including the 
                        impact of the technical assistance on 
                        such achievement; and
                            [(v) used State educational agency 
                        and local educational agency funds and 
                        resources to help schools in which 50 
                        percent or more of the students are 
                        from families with incomes below the 
                        poverty line meet the requirement 
                        described in section 1119 of having all 
                        teachers highly qualified not later 
                        than the end of the 2005-2006 school 
                        year.
                    [(F) The implementation of schoolwide 
                programs and targeted assistance programs under 
                this title and the impact of such programs on 
                improving student academic achievement, 
                including the extent to which schools meet the 
                requirements of such programs.
                    [(G) The extent to which varying models of 
                comprehensive school reform are funded and 
                implemented under this title, and the effect of 
                the implementation of such models on improving 
                achievement of disadvantaged students.
                    [(H) The costs as compared to the benefits 
                of the activities assisted under this title.
                    [(I) The extent to which actions authorized 
                under section 1116 are implemented by State 
                educational agencies and local educational 
                agencies to improve the academic achievement of 
                students in low-performing schools, and the 
                effectiveness of the implementation of such 
                actions, including the following:
                            [(i) The number of schools 
                        identified for school improvement and 
                        how many years the schools remain in 
                        this status.
                            [(ii) The types of support provided 
                        by the State educational agencies and 
                        local educational agencies to schools 
                        and local educational agencies 
                        respectively identified as in need of 
                        improvement, and the impact of such 
                        support on student achievement.
                            [(iii) The number of parents who 
                        take advantage of the public school 
                        choice provisions of this title, the 
                        costs (including transportation costs) 
                        associated with implementing these 
                        provisions, the implementation of these 
                        provisions, and the impact of these 
                        provisions (including the impact of 
                        attending another school) on student 
                        achievement.
                            [(iv) The number of parents who 
                        choose to take advantage of the 
                        supplemental educational services 
                        option, the criteria used by the States 
                        to determine the quality of providers, 
                        the kinds of services that are 
                        available and utilized, the costs 
                        associated with implementing this 
                        option, and the impact of receiving 
                        supplemental educational services on 
                        student achievement.
                            [(v) The implementation and impact 
                        of actions that are taken with regard 
                        to schools and local educational 
                        agencies identified for corrective 
                        action and restructuring.
                    [(J) The extent to which State and local 
                fiscal accounting requirements under this title 
                affect the flexibility of schoolwide programs.
                    [(K) The implementation and impact of the 
                professional development activities assisted 
                under this title and title II on instruction, 
                student academic achievement, and teacher 
                qualifications.
                    [(L) The extent to which the assistance 
                made available under this title, including 
                funds under section 1002, is targeted to 
                disadvantaged students, schools, and local 
                educational agencies with the greatest need.
                    [(M) The effectiveness of Federal 
                administration assistance made available under 
                this title, including monitoring and technical 
                assistance.
                    [(N) The academic achievement of the groups 
                of students described in section 
                1111(b)(2)(C)(v)(II).
                    [(O) Such other issues as the Secretary 
                considers appropriate.
            [(3) Sources of information.--In conducting the 
        assessment under this subsection, the Secretary shall 
        use information from a variety of sources, including 
        the National Assessment of Educational Progress 
        (carried out under section 303 of the National 
        Assessment of Educational Progress Authorization Act), 
        State evaluations, and other research studies.
            [(4) Coordination.--In carrying out this 
        subsection, the Secretary shall--
                    [(A) coordinate the national assessment 
                under this subsection with the longitudinal 
                study described in subsection (c); and
                    [(B) ensure that the independent review 
                panel described in subsection (d) participates 
                in conducting the national assessment under 
                this subsection, including planning for and 
                reviewing the assessment.
            [(5) Developmentally appropriate measures.--In 
        conducting the national assessment under this 
        subsection, the Secretary shall use developmentally 
        appropriate measures to assess student academic 
        achievement.
            [(6) Reports.--
                    [(A) Interim report.--Not later than 3 
                years after the date of enactment of the No 
                Child Left Behind Act of 2001, the Secretary 
                shall transmit to the President, the Committee 
                on Education and the Workforce of the House of 
                Representatives, and the Committee on Health, 
                Education, Labor, and Pensions of the Senate an 
                interim report on the national assessment 
                conducted under this subsection.
                    [(B) Final report.--Not later than 5 years 
                after the date of enactment of the No Child 
                Left Behind Act of 2001, the Secretary shall 
                transmit to the President, 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 
                final report on the national assessment 
                conducted under this subsection.
    [(b) Studies and Data Collection.--
            [(1) In general.--In addition to other activities 
        described in this section, the Secretary may, directly 
        or through awarding grants to or entering into 
        contracts with appropriate entities--
                    [(A) assess the implementation and 
                effectiveness of programs under this title;
                    [(B) collect the data necessary to comply 
                with the Government Performance and Results Act 
                of 1993; and
                    [(C) provide guidance and technical 
                assistance to State educational agencies and 
                local educational agencies in developing and 
                maintaining management information systems 
                through which such agencies may develop program 
                performance indicators to improve services and 
                performance.
            [(2) Minimum information.--In carrying out this 
        subsection, the Secretary shall collect, at a minimum, 
        trend information on the effect of each program 
        authorized under this title, which shall complement the 
        data collected and reported under subsections (a) and 
        (c).
    [(c) National Longitudinal Study.--
            [(1) In general.--The Secretary shall conduct a 
        longitudinal study of schools receiving assistance 
        under part A.
            [(2) Issues to be examined.--In carrying out this 
        subsection, the Secretary shall ensure that the study 
        referred to in paragraph (1) provides Congress and 
        educators with each of the following:
                    [(A) An accurate description and analysis 
                of the short- and long-term effect of the 
                assistance made available under this title on 
                academic achievement.
                    [(B) Information that can be used to 
                improve the effectiveness of the assistance 
                made available under this title in enabling 
                students to meet challenging academic 
                achievement standards.
                    [(C) An analysis of educational practices 
                or model programs that are effective in 
                improving the achievement of disadvantaged 
                children.
                    [(D) An analysis of the costs as compared 
                to the benefits of the assistance made 
                available under this title in improving the 
                achievement of disadvantaged children.
                    [(E) An analysis of the effects of the 
                availability of school choice options under 
                section 1116 on the academic achievement of 
                disadvantaged students, on schools in school 
                improvement, and on schools from which students 
                have transferred under such options.
                    [(F) Such other information as the 
                Secretary considers appropriate.
            [(3) Scope.--In conducting the study referred to in 
        paragraph (1), the Secretary shall ensure that the 
        study--
                    [(A) bases its analysis on a nationally 
                representative sample of schools participating 
                in programs under this title;
                    [(B) to the extent practicable, includes in 
                its analysis students who transfer to different 
                schools during the course of the study; and
                    [(C) analyzes varying models or strategies 
                for delivering school services, including--
                            [(i) schoolwide and targeted 
                        services; and
                            [(ii) comprehensive school reform 
                        models.
    [(d) Independent Review Panel.--
            [(1) In general.--The Secretary shall establish an 
        independent review panel (in this subsection referred 
        to as the ``Review Panel'') to advise the Secretary on 
        methodological and other issues that arise in carrying 
        out subsections (a) and (c).
            [(2) Appointment of members.--
                    [(A) In general.--Subject to subparagraph 
                (B), the Secretary shall appoint members of the 
                Review Panel from among qualified individuals 
                who are--
                            [(i) specialists in statistics, 
                        evaluation, research, and assessment;
                            [(ii) education practitioners, 
                        including teachers, principals, and 
                        local and State superintendents;
                            [(iii) parents and members of local 
                        school boards or other organizations 
                        involved with the implementation and 
                        operation of programs under this title; 
                        and
                            [(iv) other individuals with 
                        technical expertise who will contribute 
                        to the overall rigor and quality of the 
                        program evaluation.
                    [(B) Limitations.--In appointing members of 
                the Review Panel, the Secretary shall ensure 
                that--
                            [(i) in order to ensure diversity, 
                        the Review Panel includes individuals 
                        appointed under subparagraph (A)(i) who 
                        represent disciplines or programs 
                        outside the field of education; and
                            [(ii) the total number of the 
                        individuals appointed under 
                        subparagraph (A)(ii) or (A)(iv) does 
                        not exceed one-fourth of the total 
                        number of the individuals appointed 
                        under this paragraph.
            [(3) Functions.--The Review Panel shall consult 
        with and advise the Secretary--
                    [(A) to ensure that the assessment 
                conducted under subsection (a) and the study 
                conducted under subsection (c)--
                            [(i) adhere to the highest possible 
                        standards of quality with respect to 
                        research design, statistical analysis, 
                        and the dissemination of findings; and
                            [(ii) use valid and reliable 
                        measures to document program 
                        implementation and impacts; and
                    [(B) to ensure--
                            [(i) that the final report 
                        described in subsection (a)(6)(B) is 
                        reviewed not later than 120 days after 
                        its completion by not less than two 
                        independent experts in program 
                        evaluation (who may be from among the 
                        members of the Review Panel appointed 
                        under paragraph (2));
                            [(ii) that such experts evaluate 
                        and comment on the degree to which the 
                        report complies with subsection (a); 
                        and
                            [(iii) that the comments of such 
                        experts are transmitted with the report 
                        under subsection (a)(6)(B).]

[SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.

    [(a) In General.--From the funds appropriated for any 
fiscal year under section 1002(e)(1), the Secretary may award 
grants to State educational agencies, local educational 
agencies, other public agencies, nonprofit organizations, 
public or private partnerships involving business and industry 
organizations, and consortia of such entities to carry out 
demonstration projects that show the most promise of enabling 
children served under this title to meet challenging State 
academic content standards and challenging State student 
academic achievement standards.
    [(b) Evaluation.--The Secretary shall evaluate the 
demonstration projects supported under this title, using 
rigorous methodological designs and techniques, including 
control groups and random assignment, to the extent feasible, 
to produce reliable evidence of effectiveness.
    [(c) Partnerships.--From funds appropriated under section 
1002(e)(1) for any fiscal year, the Secretary may, directly or 
through grants or contracts, work in partnership with State 
educational agencies, local educational agencies, other public 
agencies, and nonprofit organizations to disseminate and use 
the highest quality research and knowledge about effective 
practices to improve the quality of teaching and learning in 
schools assisted under this title.]

[SEC. 1503. ASSESSMENT EVALUATION.

    [(a) In General.--The Secretary shall conduct an 
independent study of assessments used for State accountability 
purposes and for making decisions about the promotion and 
graduation of students. Such research shall be conducted over a 
period not to exceed 5 years and shall address the components 
described in subsection (d).
    [(b) Contract Authorized.--The Secretary is authorized to 
award a contract, through a peer review process, to an 
organization or entity capable of conducting rigorous, 
independent research. The Assistant Secretary of Educational 
Research and Improvementshall appoint peer reviewers to 
evaluate the applications for this contract.
    [(c) Study.--The study shall--
            [(1) synthesize and analyze existing research that 
        meets standards of quality and scientific rigor; and
            [(2) evaluate academic assessment and 
        accountability systems in State educational agencies, 
        local educational agencies, and schools; and
            [(3) make recommendations to the Department and to 
        the Committee on Education and the Workforce of the 
        United States House of Representatives and the 
        Committee on Health, Education, Labor, and Pensions of 
        the United States Senate, based on the findings of the 
        study.
    [(d) Components of the Research Program.--The study 
described in subsection (a) shall examine--
            [(1) the effect of the assessment and 
        accountability systems described in section (c) on 
        students, teachers, parents, families, schools, school 
        districts, and States, including correlations between 
        such systems and--
                    [(A) student academic achievement, progress 
                to the State-defined level of proficiency, and 
                progress toward closing achievement gaps, based 
                on independent measures;
                    [(B) changes in course offerings, teaching 
                practices, course content, and instructional 
                material;
                    [(C) changes in turnover rates among 
                teachers, principals, and pupil-services 
                personnel;
                    [(D) changes in dropout, grade-retention, 
                and graduation rates for students; and
                    [(E) such other effects as may be 
                appropriate;
            [(2) the effect of the academic assessments on 
        students with disabilities;
            [(3) the effect of the academic assessments on low, 
        middle, and high socioeconomic status students, limited 
        and nonlimited English proficient students, racial and 
        ethnic minority students, and nonracial or nonethnic 
        minority students;
            [(4) guidelines for assessing the validity, 
        reliability, and consistency of those systems using 
        nationally recognized professional and technical 
        standards;
            [(5) the relationship between accountability 
        systems and the inclusion or exclusion of students from 
        the assessment system; and
            [(6) such other factors as the Secretary finds 
        appropriate.
    [(e) Reporting.--Not later than 3 years after the contract 
described in subsection (b) is awarded, the organization or 
entity conducting the study shall submit an interim report to 
the Committee on Education and the Workforce of the United 
States House of Representatives and the Committee on Health, 
Education, Labor and Pensions of the United States Senate, and 
to the President and the States, and shall make the report 
widely available to the public. The organization or entity 
shall submit a final report to the same recipients as soon as 
possible after the completion of the study. Additional reports 
may be periodically prepared and released as necessary.
    [(f) Reservation of Funds.--The Secretary may reserve up to 
15 percent of the funds authorized to be appropriated for this 
part to carry out the study, except such reservation of funds 
shall not exceed $1,500,000.]

[SEC. 1504. CLOSE UP FELLOWSHIP PROGRAM.

    [(a) Program for Middle School and Secondary School 
Students.--
            [(1) Establishment.--
                    [(A) General authority.--In accordance with 
                this subsection, the Secretary may make grants 
                to the Close Up Foundation of Washington, 
                District of Columbia, a nonpartisan, nonprofit 
                foundation, for the purpose of assisting the 
                Close Up Foundation in carrying out its 
                programs of increasing civic responsibility and 
                understanding of the Federal Government among 
                middle school and secondary school students.
                    [(B) Use of funds.--Grants under this 
                subsection shall be used only to provide 
                financial assistance to economically 
                disadvantaged students who participate in the 
                programs described in subparagraph (A).
                    [(C) Name of fellowships.--Financial 
                assistance received by students pursuant to 
                this subsection shall be known as Close Up 
                fellowships.
            [(2) Applications.--
                    [(A) Application required.--No grant under 
                this subsection may be made except upon an 
                application at such time, in such manner, and 
                accompanied by such information as the 
                Secretary may reasonably require.
                    [(B) Contents of application.--Each 
                application submitted under this paragraph 
                shall contain assurances that--
                            [(i) Close Up fellowships provided 
                        under this subsection shall be made to 
                        economically disadvantaged middle 
                        school and secondary school students;
                            [(ii) every effort shall be made to 
                        ensure the participation of students 
                        from rural, small town, and urban 
                        areas;
                            [(iii) in awarding the fellowships 
                        to economically disadvantaged students, 
                        special consideration shall be given to 
                        the participation of those students 
                        with special educational needs, 
                        including students with disabilities, 
                        ethnic minority students, and students 
                        with migrant parents; and
                            [(iv) the funds received under this 
                        subsection shall be properly disbursed.
    [(b) Program for Middle School and Secondary School 
Teachers.--
            [(1) Establishment.--
                    [(A) General authority.--In accordance with 
                this subsection, the Secretary may make grants 
                to the Close Up Foundation of Washington, 
                District of Columbia, a nonpartisan, nonprofit 
                foundation, for the purpose of assisting the 
                Close Up Foundation in carrying out its 
                programs of professional development for middle 
                school and secondary school teachers and its 
                programs to increase civic responsibility and 
                understanding of the Federal Government among 
                the teachers' students.
                    [(B) Use of funds.--Grants under this 
                subsection shall be used only to provide 
                financial assistance to teachers who 
                participate in the programs described in 
                subparagraph (A).
                    [(C) Name of fellowships.--Financial 
                assistance received by teachers pursuant to 
                this subsection shall be known as Close Up 
                fellowships.
            [(2) Applications.--
                    [(A) Application required.--No grant under 
                this subsection may be made except upon an 
                application at such time, in such manner, and 
                accompanied by such information as the 
                Secretary may reasonably require.
                    [(B) Contents of application.--Each 
                application submitted under this paragraph 
                shall contain assurances that--
                            [(i) Close Up fellowships provided 
                        under this subsection shall be made 
                        only to a teacher who has worked with 
                        at least one student from such 
                        teacher's school who participates in a 
                        program described in subsection 
                        (a)(1)(A);
                            [(ii) no teacher shall receive more 
                        than one such fellowship in any fiscal 
                        year; and
                            [(iii) the funds received under 
                        this subsection shall be properly 
                        disbursed.
    [(c) Programs for New Americans.--
            [(1) Establishment.--
                    [(A) General authority.--In accordance with 
                this subsection, the Secretary may make grants 
                to the Close Up Foundation of Washington, 
                District of Columbia, a nonpartisan, nonprofit 
                foundation, for the purpose of assisting the 
                Close Up Foundation in carrying out its 
                programs of increasing civic responsibility and 
                understanding of the Federal Government among 
                economically disadvantaged middle school and 
                secondary school recent immigrant students.
                    [(B) Definition.--In this subsection, the 
                term ``recent immigrant student'' means a 
                student who is a member of a family that 
                immigrated to the United States within 5 years 
                of the student's participation in such a 
                program.
                    [(C) Use of funds.--Grants under this 
                subsection shall be used only to provide 
                financial assistance to economically 
                disadvantaged recent immigrant students and 
                their teachers who participate in the programs 
                described in subparagraph (A).
                    [(D) Name of fellowships.--Financial 
                assistance received by students and teachers 
                pursuant to this subsection shall be known as 
                Close Up Fellowships for New Americans.
            [(2) Applications.--
                    [(A) Application required.--No grant under 
                this subsection may be made except upon an 
                application at such time, in such manner, and 
                accompanied by such information as the 
                Secretary may reasonably require.
                    [(B) Contents of application.--Each 
                application submitted under this paragraph 
                shall contain assurances that--
                            [(i) Close Up Fellowships for New 
                        Americans shall be made to economically 
                        disadvantaged middle school and 
                        secondary school recent immigrant 
                        students;
                            [(ii) every effort shall be made to 
                        ensure the participation of recent 
                        immigrant students from rural, small 
                        town, and urban areas;
                            [(iii) in awarding the fellowships 
                        to economically disadvantaged recent 
                        immigrant students, special 
                        consideration shall be given to the 
                        participation of those students with 
                        special educational needs, including 
                        students with disabilities, students 
                        with migrant parents, and ethnic 
                        minority students;
                            [(iv) fully describe the activities 
                        to be carried out with the proceeds of 
                        the grant made under paragraph (1); and
                            [(v) the funds received under this 
                        subsection shall be properly disbursed.
    [(d) General Provisions.--
            [(1) Administrative provisions.--
                    [(A) Accountability.--In consultation with 
                the Secretary, the Close Up Foundation shall 
                devise and implement procedures to measure the 
                efficacy of the programs authorized in 
                subsections (a), (b), and (c) in attaining 
                objectives that include the following:
                            [(i) Providing young people with an 
                        increased understanding of the Federal 
                        Government.
                            [(ii) Heightening a sense of civic 
                        responsibility among young people.
                            [(iii) Enhancing the skills of 
                        educators in teaching young people 
                        about civic responsibility, the Federal 
                        Government, and attaining citizenship 
                        competencies.
                    [(B) General rule.--Payments under this 
                section may be made in installments, in 
                advance, or by way of reimbursement, with 
                necessary adjustments on account of 
                underpayments or overpayments.
                    [(C) Audit rule.--The Comptroller General 
                of the United States or any of the Comptroller 
                General's duly authorized representatives shall 
                have access for the purpose of audit and 
                examination to any books, documents, papers, 
                and records that are pertinent to any grant 
                under this section.
            [(2) Continuation of awards.--Notwithstanding any 
        other provision of this Act, any person or entity that 
        was awarded a grant under part G of title X before the 
        date of enactment of the No Child Left Behind Act of 
        2001 shall continue to receive funds in accordance with 
        the terms of such award until the date on which the 
        award period terminates under such terms.]

                 [PART F--COMPREHENSIVE SCHOOL REFORM]

[SEC. 1601. PURPOSE.

    [The purpose of this part is to provide financial 
incentives for schools to develop comprehensive school reforms, 
based upon scientifically based research and effective 
practices that include an emphasis on basic academics and 
parental involvement so that all children can meet challenging 
State academic content and academic achievement standards.]

[SEC. 1602. PROGRAM AUTHORIZATION.

    [(a) Program Authorized.--
            [(1) In general.--The Secretary is authorized to 
        award grants to State educational agencies, from 
        allotments under paragraph (2), to enable the State 
        educational agencies to award subgrants to local 
        educational agencies to carry out the purpose described 
        in section 1601.
            [(2) Allotments.--
                    [(A) Reservations.--Of the amount 
                appropriated under section 1002(f), the 
                Secretary may reserve--
                            [(i) not more than 1 percent for 
                        each fiscal year to provide assistance 
                        to schools supported by the Bureau of 
                        Indian Affairs and in the United States 
                        Virgin Islands, Guam, American Samoa, 
                        and the Commonwealth of the Northern 
                        Mariana Islands according to their 
                        respective needs for assistance under 
                        this part;
                            [(ii) not more than 1 percent for 
                        each fiscal year to conduct national 
                        evaluation activities described in 
                        section 1607; and
                            [(iii) not more than 3 percent of 
                        the amount appropriated in fiscal year 
                        2002 to carry out this part, for 
                        quality initiatives described in 
                        section 1608.
                    [(B) In general.--Of the amount 
                appropriated under section 1002(f) that remains 
                after making the reservation under subparagraph 
                (A) for a fiscal year, the Secretary shall 
                allot to each State for the fiscal year an 
                amount that bears the same ratio to the 
                remainder for that fiscal year as the amount 
                made available under section 1124 to the State 
                for the preceding fiscal year bears to the 
                total amount made available under section 1124 
                to all States for that year.
                    [(C) Reallotment.--If a State does not 
                apply for funds under this section, the 
                Secretary shall reallot such funds to other 
                States that do apply in proportion to the 
                amount allotted to such other States under 
                subparagraph (B).]

[SEC. 1603. STATE APPLICATIONS.

    [(a) In General.--Each State educational agency that 
desires to receive a grant under this part shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may reasonably 
require.
    [(b) Contents.--Each such application shall describe--
            [(1) the process and selection criteria by which 
        the State educational agency, using expert review, will 
        select local educational agencies to receive subgrants 
        under this part;
            [(2) how the State educational agency will ensure 
        that funds under this part are limited to comprehensive 
        school reform programs that--
                    [(A) include each of the components 
                described in section 1606(a);
                    [(B) have the capacity to improve the 
                academic achievement of all students in core 
                academic subjects within participating schools; 
                and
                    [(C) are supported by technical assistance 
                providers that have a successful track record, 
                financial stability, and the capacity to 
                deliver high quality materials, professional 
                development for school personnel, and on-site 
                support during the full implementation period 
                of the reforms;
            [(3) how the State educational agency will 
        disseminate materials and information on comprehensive 
        school reforms that are based on scientifically based 
        research and effective practices;
            [(4) how the State educational agency will evaluate 
        annually the implementation of such reforms and measure 
        the extent to which the reforms have resulted in 
        increased student academic achievement; and
            [(5) how the State educational agency will provide 
        technical assistance to the local educational agency or 
        consortia of local educational agencies, and to 
        participating schools, in evaluating, developing, and 
        implementing comprehensive school reform.

[SEC. 1604. STATE USE OF FUNDS.

    [(a) In General.--Except as provided in subsection (e), a 
State educational agency that receives a grant under this part 
shall use the grant funds to award subgrants, on a competitive 
basis, to local educational agencies or consortia of local 
educational agencies in the State that receive funds under part 
A, to support comprehensive school reforms in schools that are 
eligible for funds under part A.
    [(b) Subgrant Requirements.--A subgrant to a local 
educational agency or consortium shall be--
            [(1) of sufficient size and scope to support the 
        initial costs of comprehensive school reforms selected 
        or designed by each school identified in the 
        application of the local educational agency or 
        consortium;
            [(2) in an amount not less than $50,000--
                    [(A) for each participating school; or
                    [(B) for each participating consortium of 
                small schools (which for purposes of this 
                subparagraph means a consortium of small 
                schools serving a total of not more than 500 
                students); and
            [(3) renewable for two additional 1-year subgrant 
        periods after the initial 1-year subgrant is made if 
        the school is or the schools are making substantial 
        progress in the implementation of reforms.
    [(c) Priority.--A State educational agency, in awarding 
subgrants under this part, shall give priority to local 
educational agencies or consortia that--
            [(1) plan to use the funds in schools identified as 
        being in need of improvement or corrective action under 
        section 1116(c); and
            [(2) demonstrate a commitment to assist schools 
        with budget allocation, professional development, and 
        other strategies necessary to ensure the comprehensive 
        school reforms are properly implemented and are 
        sustained in the future.
    [(d) Grant Consideration.--In awarding subgrants under this 
part, the State educational agency shall take into 
consideration the equitable distribution of subgrants to 
different geographic regions within the State, including urban 
and rural areas, and to schools serving elementary and 
secondary students.
    [(e) Administrative Costs.--A State educational agency that 
receives a grant under this part may reserve not more than 5 
percent of the grant funds for administrative, evaluation, and 
technical assistance expenses.
    [(f) Supplement.--Funds made available under this part 
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 part.
    [(g) Reporting.--Each State educational agency that 
receives a grant under this part shall provide to the Secretary 
such information as the Secretary may require, including the 
names of local educational agencies and schools receiving 
assistance under this part, the amount of the assistance, a 
description of the comprehensive school reforms selected and 
used, and a copy of the State's annual evaluation of the 
implementation of comprehensive school reforms supported under 
this part and the student achievement results.]

[SEC. 1605. LOCAL APPLICATIONS.

    [(a) In General.--Each local educational agency or 
consortium of local educational agencies desiring a subgrant 
under this part 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.
    [(b) Contents.--Each such application shall--
            [(1) identify the schools that are eligible for 
        assistance under part A and plan to implement a 
        comprehensive school reform program, including the 
        projected costs of such a program;
            [(2) describe the comprehensive school reforms 
        based on scientifically based research and effective 
        practices that such schools will implement;
            [(3) describe how the local educational agency or 
        consortium will provide technical assistance and 
        support for the effective implementation of the 
        comprehensive school reforms based on scientifically 
        based research and effective practices selected by such 
        schools; and
            [(4) describe how the local educational agency or 
        consortium will evaluate the implementation of such 
        comprehensive school reforms and measure the results 
        achieved in improving student academic achievement.]

[SEC. 1606. LOCAL USE OF FUNDS.

    [(a) Uses of Funds.--A local educational agency or 
consortium that receives a subgrant under this part shall 
provide the subgrant funds to schools that are eligible for 
assistance under part A and served by the agency, to enable the 
schools to implement a comprehensive school reform program 
that--
            [(1) employs proven strategies and proven methods 
        for student learning, teaching, and school management 
        that are based on scientifically based research and 
        effective practices and have been replicated 
        successfully in schools;
            [(2) integrates a comprehensive design for 
        effective school functioning, including instruction, 
        assessment, classroom management, professional 
        development, parental involvement, and school 
        management, that aligns the school's curriculum, 
        technology, and professional development into a 
        comprehensive school reform plan for schoolwide change 
        designed to enable all students to meet challenging 
        State content and student academic achievement 
        standards and addresses needs identified through a 
        school needs assessment;
            [(3) provides high quality and continuous teacher 
        and staff professional development;
            [(4) includes measurable goals for student academic 
        achievement and benchmarks for meeting such goals;
            [(5) is supported by teachers, principals, 
        administrators, school personnel staff, and other 
        professional staff;
            [(6) provides support for teachers, principals, 
        administrators, and other school staff;
            [(7) provides for the meaningful involvement of 
        parents and the local community in planning, 
        implementing, and evaluating school improvement 
        activities consistent with section 1118;
            [(8) uses high quality external technical support 
        and assistance from an entity that has experience and 
        expertise in schoolwide reform and improvement, which 
        may include an institution of higher education;
            [(9) includes a plan for the annual evaluation of 
        the implementation of school reforms and the student 
        results achieved;
            [(10) identifies other resources, including 
        Federal, State, local, and private resources, that 
        shall be used to coordinate services that will support 
        and sustain the comprehensive school reform effort; and
            [(11)(A) has been found, through scientifically 
        based research to significantly improve the academic 
        achievement of students participating in such program 
        as compared to students in schools who have not 
        participated in such program; or
            [(B) has been found to have strong evidence that 
        such program will significantly improve the academic 
        achievement of participating children.
    [(b) Special Rule.--A school that receives funds to develop 
a comprehensive school reform program shall not be limited to 
using nationally available approaches, but may develop the 
school's own comprehensive school reform program for schoolwide 
change as described in subsection (a).]

[SEC. 1607. EVALUATION AND REPORTS.

    [(a) In General.--The Secretary shall develop a plan for a 
national evaluation of the programs assisted under this part.
    [(b) Evaluation.--The national evaluation shall--
            [(1) evaluate the implementation and results 
        achieved by schools after 3 years of implementing 
        comprehensive school reforms; and
            [(2) assess the effectiveness of comprehensive 
        school reforms in schools with diverse characteristics.
    [(c) Reports.--The Secretary shall submit a report 
describing the results of the evaluation under subsection (b) 
for the Comprehensive School Reform Program to the Committee on 
Education and the Workforce, and the Committee on 
Appropriations of the House of Representatives, and the 
Committee on Health, Education, Labor, and Pensions, and the 
Committee on Appropriations of the Senate.]

[SEC. 1608. QUALITY INITIATIVES.

     [The Secretary, through grants or contracts, shall provide 
funds for--
            [(1) a public-private effort, in which funds are 
        matched by private organizations, to assist States, 
        local educational agencies, and schools, in making 
        informed decisions regarding approving or selecting 
        providers of comprehensive school reform, consistent 
        with the requirements described in section 1606(a); and
            [(2) activities to foster the development of 
        comprehensive school reform models and to provide 
        effective capacity building for comprehensive school 
        reform providers to expand their work in more schools, 
        assure quality, and promote financial stability.]

                 [PART G--ADVANCED PLACEMENT PROGRAMS]

[SEC. 1701. SHORT TITLE.

    [This part may be cited as the ``Access to High Standards 
Act''.]

[SEC. 1702. PURPOSES.

     [The purposes of this part are--
            [(1) to support State and local efforts to raise 
        academic standards through advanced placement programs, 
        and thus further increase the number of students who 
        participate and succeed in advanced placement programs;
            [(2) to encourage more of the 600,000 students who 
        take advanced placement courses each year but do not 
        take advanced placement exams each year, to demonstrate 
        their achievements through taking the exams;
            [(3) to build on the many benefits of advanced 
        placement programs for students, which benefits may 
        include the acquisition of skills that are important to 
        many employers, Scholastic Aptitude Test (SAT) scores 
        that are 100 points above the national averages, and 
        the achievement of better grades in secondary school 
        and in college than the grades of students who have not 
        participated in the programs;
            [(4) to increase the availability and broaden the 
        range of schools, including middle schools, that have 
        advanced placement and pre-advanced placement programs;
            [(5) to demonstrate that larger and more diverse 
        groups of students can participate and succeed in 
        advanced placement programs;
            [(6) to provide greater access to advanced 
        placement and pre-advanced placement courses and highly 
        trained teachers for low-income and other disadvantaged 
        students;
            [(7) to provide access to advanced placement 
        courses for secondary school students at schools that 
        do not offer advanced placement programs, increase the 
        rate at which secondary school students participate in 
        advanced placement courses, and increase the numbers of 
        students who receive advanced placement test scores for 
        which college academic credit is awarded;
            [(8) to increase the participation of low-income 
        individuals in taking advanced placement tests through 
        the payment or partial payment of the costs of the 
        advanced placement test fees; and
            [(9) to increase the number of individuals that 
        achieve a baccalaureate or advanced degree, and to 
        decrease the amount of time such individuals require to 
        attain such degrees.]

[SEC. 1703. FUNDING DISTRIBUTION RULE.

    [From amounts appropriated under section 1002(g) for a 
fiscal year, the Secretary shall give priority to funding 
activities under section 1704 and shall distribute any 
remaining funds under section 1705.]

[SEC. 1704. ADVANCED PLACEMENT TEST FEE PROGRAM.

    [(a) Grants Authorized.--From amounts made available under 
section 1703 for a fiscal year, the Secretary shall award 
grants to State educational agencies having applications 
approved under this section to enable the State educational 
agencies to reimburse low-income individuals to cover part or 
all of the costs of advanced placement test fees, if the low-
income individuals--
            [(1) are enrolled in an advanced placement course; 
        and
            [(2) plan to take an advanced placement test.
    [(b) Award Basis.--In determining the amount of the grant 
awarded to a State educational agency under this section for a 
fiscal year, the Secretary shall consider the number of 
children eligible to be counted under section 1124(c) in the 
State in relation to the number of such children so counted in 
all the States.
    [(c) Information Dissemination.--A State educational agency 
awarded a grant under this section shall disseminate 
information regarding the availability of advanced placement 
test fee payments under this section to eligible individuals 
through secondary school teachers and guidance counselors.
    [(d) Applications.--Each State educational agency desiring 
to receive a grant under this section shall submit an 
application to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may require. 
At a minimum, each State educational agency application shall--
            [(1) describe the advanced placement test fees the 
        State educational agency will pay on behalf of low-
        income individuals in the State from grant funds 
        awarded under this section;
            [(2) provide an assurance that any grant funds 
        awarded under this section shall be used only to pay 
        for advanced placement test fees; and
            [(3) contain such information as the Secretary may 
        require to demonstrate that the State educational 
        agency will ensure that a student is eligible for 
        payments authorized under this section, including 
        documentation required under chapter 1 of subpart 2 of 
        part A of title IV of the Higher Education Act of 1965.
    [(e) Regulations.--The Secretary shall prescribe such 
regulations as are necessary to carry out this section.
    [(f) Report.--
            [(1) In general.--Each State educational agency 
        awarded a grant under this section shall, with respect 
        to each advanced placement subject, annually report to 
        the Secretary on--
                    [(A) the number of students in the State 
                who are taking an advanced placement course in 
                that subject;
                    [(B) the number of advanced placement tests 
                taken by students in the State who have taken 
                an advanced placement course in that subject;
                    [(C) the number of students in the State 
                scoring at different levels on advanced 
                placement tests in that subject; and
                    [(D) demographic information regarding 
                individuals in the State taking advanced 
                placement courses and tests in that subject 
                disaggregated by race, ethnicity, sex, English 
                proficiency status, and socioeconomic status.
            [(2) Report to congress.--The Secretary shall 
        annually compile the information received from each 
        State educational agency under paragraph (1) and report 
        to the appropriate committees of Congress regarding the 
        information.
    [(g) BIA as SEA.--For purposes of this section the Bureau 
of Indian Affairs shall be treated as a State educational 
agency.]

[SEC. 1705. ADVANCED PLACEMENT INCENTIVE PROGRAM GRANTS.

    [(a) Grants Authorized.--
            [(1) In general.--From amounts made available under 
        section 1703 for a fiscal year, the Secretary shall 
        award grants, on a competitive basis, to eligible 
        entities to enable those entities to carry out the 
        authorized activities described in subsection (d).
            [(2) Duration and payments.--
                    [(A) Duration.--The Secretary shall award a 
                grant under this section for a period of not 
                more than 3 years.
                    [(B) Payments.--The Secretary shall make 
                grant payments under this section on an annual 
                basis.
            [(3) Definition of eligible entity.--In this 
        section, the term ``eligible entity'' means a State 
        educational agency, local educational agency, or 
        national nonprofit educational entity with expertise in 
        advanced placement services.
    [(b) Application.--Each eligible entity desiring a grant 
under this section shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such 
information as the Secretary may require.
    [(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to an eligible entity that 
submits an application under subsection (b) that--
            [(1) demonstrates a pervasive need for access to 
        advanced placement incentive programs;
            [(2) provides for the involvement of business and 
        community organizations in the activities to be 
        assisted;
            [(3) assures the availability of matching funds 
        from State, local, or other sources to pay for the cost 
        of activities to be assisted;
            [(4) demonstrates a focus on developing or 
        expanding advanced placement programs and participation 
        in the core academic areas of English, mathematics, and 
        science;
            [(5) demonstrates an intent to carry out activities 
        that target--
                    [(A) local educational agencies serving 
                schools with a high concentration of low-income 
                students; or
                    [(B) schools with a high concentration of 
                low-income students; and
            [(6) in the case of a local educational agency, 
        assures that the local educational agency serves 
        schools with a high concentration of low-income 
        students; or
            [(7) demonstrates an intent to carry out activities 
        to increase the availability of, and participation in, 
        on-line advanced placement courses.
    [(d) Authorized Activities.--
            [(1) In general.--Subject to paragraph (2), an 
        eligible entity shall use grant funds made available 
        under this section to expand access for low-income 
        individuals to advanced placement incentive programs 
        that involve--
                    [(A) teacher training;
                    [(B) pre-advanced placement course 
                development;
                    [(C) coordination and articulation between 
                grade levels to prepare students for academic 
                achievement in advanced placement courses;
                    [(D) books and supplies; or
                    [(E) activities to increase the 
                availability of, and participation in, on-line 
                advanced placement courses; or
                    [(F) any other activity directly related to 
                expanding access to and participation in 
                advanced placement incentive programs, 
                particularly for low-income individuals.
            [(2) State educational agency.--In the case of an 
        eligible entity that is a State educational agency, the 
        entity may use grant funds made available under this 
        section to award subgrants to local educational 
        agencies to enable the local educational agencies to 
        carry out the activities under paragraph (1).
    [(e) Contracts.--An eligible entity awarded a grant to 
provide online advanced placement courses under this part may 
enter into a contract with a nonprofit or for profit 
organization to provide the online advanced placement courses, 
including contracting for necessary support services.
    [(f) Data Collection and Reporting.--
            [(1) Data collection.--Each eligible entity awarded 
        a grant under this section shall, with respect to each 
        advanced placement subject, annually report to the 
        Secretary on--
                    [(A) the number of students served by the 
                eligible entity who are taking an advanced 
                placement course in that subject;
                    [(B) the number of advanced placement tests 
                taken by students served by the eligible entity 
                in that subject;
                    [(C) the number of students served by the 
                eligible entity scoring at different levels on 
                advanced placement tests in that subject; and
                    [(D) demographic information regarding 
                individuals served by such agency who taking 
                advanced placement courses and tests in that 
                subject disaggregated by race, ethnicity, sex, 
                English proficiency status, and socioeconomic 
                status.
            [(2) Report.--The Secretary shall annually compile 
        the information received from each eligible entity 
        under paragraph (1) and report to the appropriate 
        committees of Congress regarding the information.]

[SEC. 1706. SUPPLEMENT, NOT SUPPLANT.

    [Grant funds provided under this part shall supplement, and 
not supplant, other non-Federal funds that are available to 
assist low-income individuals to pay for the cost of advanced 
placement test fees or to expand access to advanced placement 
and pre-advanced placement courses.]

[SEC. 1707. DEFINITIONS.

     [In this part:
            [(1) Advanced placement test.--The term ``advanced 
        placement test'' means an advanced placement test 
        administered by the College Board or approved by the 
        Secretary.
            [(2) High concentration of low-income students.--
        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 whom 
        are low-income individuals.
            [(3) Low-income individual.--The term ``low-income 
        individual'' 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 this Act, 
        data on children eligible for free or reduced-price 
        lunches under the 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.]

                  [PART H--SCHOOL DROPOUT PREVENTION]

[SEC. 1801. SHORT TITLE.

    [This part may be cited as the ``Dropout Prevention Act''.]

[SEC. 1802. PURPOSE.

     [The purpose of this part is to provide for school dropout 
prevention and reentry and to raise academic achievement levels 
by providing grants that--
            [(1) challenge all children to attain their highest 
        academic potential; and
            [(2) ensure that all students have substantial and 
        ongoing opportunities to attain their highest academic 
        potential through schoolwide programs proven effective 
        in school dropout prevention and reentry.]

[SEC. 1803. AUTHORIZATION OF APPROPRIATIONS.

     [For the purpose of carrying out this part, there are 
authorized to be appropriated $125,000,000 for fiscal year 2002 
and such sums as may be necessary for each of the 5 succeeding 
fiscal years, of which--
            [(1) 10 percent shall be available to carry out 
        subpart 1 for each fiscal year; and
            [(2) 90 percent shall be available to carry out 
        subpart 2 for each fiscal year.]

               [Subpart 1--Coordinated National Strategy]

[SEC. 1811. NATIONAL ACTIVITIES.

    [(a) In General.--The Secretary is authorized--
            [(1) to collect systematic data on the 
        effectiveness of the programs assisted under this part 
        in reducing school dropout rates and increasing school 
        reentry and secondary school graduation rates;
            [(2) to establish a national clearinghouse of 
        information on effective school dropout prevention and 
        reentry programs that shall disseminate to State 
        educational agencies, local educational agencies, and 
        schools--
                    [(A) the results of research on school 
                dropout prevention and reentry; and
                    [(B) information on effective programs, 
                best practices, and Federal resources to--
                            [(i) reduce annual school dropout 
                        rates;
                            [(ii) increase school reentry; and
                            [(iii) increase secondary school 
                        graduation rates;
            [(3) to provide technical assistance to State 
        educational agencies, local educational agencies, and 
        schools in designing and implementing programs and 
        securing resources to implement effective school 
        dropout prevention and reentry programs;
            [(4) to establish and consult with an interagency 
        working group that shall--
                    [(A) address inter- and intra-agency 
                program coordination issues at the Federal 
                level with respect to school dropout prevention 
                and reentry, and assess the targeting of 
                existing Federal services to students who are 
                most at risk of dropping out of school, and the 
                cost-effectiveness of various programs and 
                approaches used to address school dropout 
                prevention and reentry;
                    [(B) describe the ways in which State 
                educational agencies and local educational 
                agencies can implement effective school dropout 
                prevention and reentry programs using funds 
                from a variety of Federal programs, including 
                the programs under this part; and
                    [(C) examine Federal programs that may have 
                a positive impact on secondary school 
                graduation or school reentry;
            [(5) to carry out a national recognition program in 
        accordance with subsection (b) that recognizes schools 
        that have made extraordinary progress in lowering 
        school dropout rates; and
            [(6) to use funds made available for this subpart 
        to carry out the evaluation required under section 
        1830(c).
    [(b) Recognition Program.--
            [(1) Establishment.--The Secretary shall--
                    [(A) establish a national recognition 
                program; and
                    [(B) develop uniform national guidelines 
                for the recognition program that shall be used 
                to recognize eligible schools from nominations 
                submitted by State educational agencies.
            [(2) Recognition.--The Secretary shall recognize, 
        under the recognition program established under 
        paragraph (1), eligible schools.
            [(3) Support.--The Secretary may make monetary 
        awards to an eligible school recognized under this 
        subsection in amounts determined appropriate by the 
        Secretary that shall be used for dissemination 
        activities within the eligible school district or 
        nationally.
            [(4) Definition of eligible school.--In this 
        subsection, the term ``eligible school'' means a public 
        middle school or secondary school, including a charter 
        school, that has implemented comprehensive reforms that 
        have been effective in lowering school dropout rates 
        for all students--
                    [(A) in that secondary school or charter 
                school; or
                    [(B) in the case of a middle school, in the 
                secondary school that the middle school feeds 
                students into.
    [(c) Capacity Building.--
            [(1) In general.--The Secretary, through a contract 
        with one or more non-Federal entities, may conduct a 
        capacity building and design initiative in order to 
        increase the types of proven strategies for school 
        dropout prevention and reentry that address the needs 
        of an entire school population rather than a subset of 
        students.
            [(2) Number and duration.--
                    [(A) Number.--The Secretary may award not 
                more than five contracts under this subsection.
                    [(B) Duration.--The Secretary may award a 
                contract under this subsection for a period of 
                not more than 5 years.
    [(d) Support for Existing Reform Networks.--
            [(1) In general.--The Secretary may provide 
        appropriate support to eligible entities to enable the 
        eligible entities to provide training, materials, 
        development, and staff assistance to schools assisted 
        under this part.
            [(2) Definition of eligible entity.--In this 
        subsection, the term ``eligible entity'' means an 
        entity that, prior to the date of enactment of the 
        Dropout Prevention Act--
                    [(A) provided training, technical 
                assistance, and materials related to school 
                dropout prevention or reentry to 100 or more 
                elementary schools or secondary schools; and
                    [(B) developed and published a specific 
                educational program or design related to school 
                dropout prevention or reentry for use by the 
                schools.]

           [Subpart 2--School Dropout Prevention Initiative]

[SEC. 1821. DEFINITIONS.

     [In this subpart:
            [(1) Low-income student.--The term ``low-income 
        student'' means a student who is determined by a local 
        educational agency to be from a low-income family using 
        the measures described in section 1113(c).
            [(2) State.--The term ``State'' means each of the 
        several States of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the United 
        States Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and the 
        Bureau of Indian Affairs for purposes of serving 
        schools funded by the Bureau.]

[SEC. 1822. PROGRAM AUTHORIZED.

    [(a) Grants to State Educational Agencies and Local 
Educational Agencies.--
            [(1) Amount less than $75,000,000.--
                    [(A) In general.--If the amount 
                appropriated under section 1803 for a fiscal 
                year equals or is less than $75,000,000, then 
                the Secretary shall use such amount to award 
                grants, on a competitive basis, to--
                            [(i) State educational agencies to 
                        support activities--
                                    [(I) in schools that--
                                            [(aa) serve 
                                        students in grades 6 
                                        through 12; and
                                            [(bb) have annual 
                                        school dropout rates 
                                        that are above the 
                                        State average annual 
                                        school dropout rate; or
                                    [(II) in the middle schools 
                                that feed students into the 
                                schools described in subclause 
                                (I); or
                            [(ii) local educational agencies 
                        that operate--
                                    [(I) schools that--
                                            [(aa) serve 
                                        students in grades 6 
                                        through 12; and
                                            [(bb) have annual 
                                        school dropout rates 
                                        that are above the 
                                        State average annual 
                                        school dropout rate; or
                                    [(II) middle schools that 
                                feed students into the schools 
                                described in subclause (I).
                    [(B) Use of grant funds.--Grant funds 
                awarded under this paragraph shall be used to 
                fund effective, sustainable, and coordinated 
                school dropout prevention and reentry programs 
                that may include the activities described in 
                subsection (b)(2), in--
                            [(i) schools serving students in 
                        grades 6 through 12 that have annual 
                        school dropout rates that are above the 
                        State average annual school dropout 
                        rate; or
                            [(ii) the middle schools that feed 
                        students into the schools described in 
                        clause (i).
            [(2) Amount less than $250,000,000 but more than 
        $75,000,000.--If the amount appropriated under section 
        1803 for a fiscal year is less than $250,000,000 but 
        more than $75,000,000, then the Secretary shall use 
        such amount to award grants, on a competitive basis, to 
        State educational agencies to enable the State 
        educational agencies to award subgrants under 
        subsection (b).
            [(3) Amount equal to or exceeds $250,000,000.--If 
        the amount appropriated under section 1803 for a fiscal 
        year equals or exceeds $250,000,000, then the Secretary 
        shall use such amount to award a grant to each State 
        educational agency in an amount that bears the same 
        relation to such appropriated amount as the amount the 
        State educational agency received under part A for the 
        preceding fiscal year bears to the amount received by 
        all State educational agencies under such part for the 
        preceding fiscal year, to enable the State educational 
        agency to award subgrants under subsection (b).
    [(b) Subgrants to Local Educational Agencies.--
            [(1) In general.--From amounts made available to a 
        State educational agency under paragraph (2) or (3) of 
        subsection (a), the State educational agency shall 
        award subgrants, on a competitive basis, to local 
        educational agencies that operate public schools that 
        serve students in grades 6 through 12 and that have 
        annual school dropout rates that are above the State 
        average annual school dropout rate, to enable those 
        schools, or the middle schools that feed students into 
        those schools, to implement effective, sustainable, and 
        coordinated school dropout prevention and reentry 
        programs that involve activities such as--
                    [(A) professional development;
                    [(B) obtaining curricular materials;
                    [(C) release time for professional staff to 
                obtain professional development;
                    [(D) planning and research;
                    [(E) remedial education;
                    [(F) reduction in pupil-to-teacher ratios;
                    [(G) efforts to meet State student academic 
                achievement standards;
                    [(H) counseling and mentoring for at-risk 
                students;
                    [(I) implementing comprehensive school 
                reform models, such as creating smaller 
                learning communities; and
                    [(J) school reentry activities.
            [(2) Amount.--Subject to paragraph (3), a subgrant 
        under this subpart shall be awarded--
                    [(A) in the first year that a local 
                educational agency receives a subgrant payment 
                under this subpart, in an amount that is based 
                on factors such as--
                            [(i) the size of schools operated 
                        by the local educational agency;
                            [(ii) costs of the model or set of 
                        prevention and reentry strategies being 
                        implemented; and
                            [(iii) local cost factors such as 
                        poverty rates;
                    [(B) in the second year, in an amount that 
                is not less than 75 percent of the amount the 
                local educational agency received under this 
                subpart in the first such year;
                    [(C) in the third year, in an amount that 
                is not less than 50 percent of the amount the 
                local educational agency received under this 
                subpart in the first such year; and
                    [(D) in each succeeding year, in an amount 
                that is not less than 30 percent of the amount 
                the local educational agency received under 
                this subpart in the first year.
            [(3) Duration.--A subgrant under this subpart shall 
        be awarded for a period of 3 years, and may be 
        continued for a period of 2 additional years if the 
        State educational agency determines, based on the 
        annual reports described in section 1830(a), that 
        significant progress has been made in lowering the 
        annual school dropout rate for secondary schools 
        participating in the program assisted under this 
        subpart.]

[SEC. 1823. APPLICATIONS.

    [(a) In General.--To receive--
            [(1) a grant under this subpart, a State 
        educational agency or local educational agency shall 
        submit an application and plan to the Secretary at such 
        time, in such manner, and accompanied by such 
        information as the Secretary may reasonably require; 
        and
            [(2) a subgrant under this subpart, a local 
        educational agency shall submit an application and plan 
        to the State educational agency at such time, in such 
        manner, and accompanied by such information as the 
        State educational agency may reasonably require.
    [(b) Contents.--
            [(1) State educational agency and local educational 
        agency.--Each application and plan submitted under 
        subsection (a) shall--
                    [(A) include an outline--
                            [(i) of the State educational 
                        agency's or local educational agency's 
                        strategy for reducing the State 
                        educational agency or local educational 
                        agency's annual school dropout rate;
                            [(ii) for targeting secondary 
                        schools, and the middle schools that 
                        feed students into those secondary 
                        schools, that have the highest annual 
                        school dropout rates; and
                            [(iii) for assessing the 
                        effectiveness of the efforts described 
                        in the plan;
                    [(B) contain an identification of the 
                schools in the State or operated by the local 
                educational agency that have annual school 
                dropout rates that are greater than the average 
                annual school dropout rate for the State;
                    [(C) describe the instructional strategies 
                to be implemented, how the strategies will 
                serve all students, and the effectiveness of 
                the strategies;
                    [(D) describe a budget and timeline for 
                implementing the strategies;
                    [(E) contain evidence of coordination with 
                existing resources;
                    [(F) provide an assurance that funds 
                provided under this subpart will supplement, 
                and not supplant, other State and local funds 
                available for school dropout prevention and 
                reentry programs; and
                    [(G) describe how the activities to be 
                assisted conform with research knowledge about 
                school dropout prevention and reentry.
            [(2) Local educational agency.--Each application 
        and plan submitted under subsection (a) by a local 
        educational agency shall contain, in addition to the 
        requirements of paragraph (1)--
                    [(A) an assurance that the local 
                educational agency is committed to providing 
                ongoing operational support for such schools to 
                address the problem of school dropouts for a 
                period of 5 years; and
                    [(B) an assurance that the local 
                educational agency will support the plan, 
                including--
                            [(i) provision of release time for 
                        teacher training;
                            [(ii) efforts to coordinate 
                        activities for secondary schools and 
                        the middle schools that feed students 
                        into those secondary schools; and
                            [(iii) encouraging other schools 
                        served by the local educational agency 
                        to participate in the plan.]

[SEC. 1824. STATE RESERVATION.

    [A State educational agency that receives a grant under 
paragraph (2) or (3) of section 1822(a) may reserve not more 
than 5 percent of the grant funds for administrative costs and 
State activities related to school dropout prevention and 
reentry activities, of which not more than 2 percent of the 
grant funds may be used for administrative costs.]

[SEC. 1825. STRATEGIES AND CAPACITY BUILDING.

     [Each local educational agency receiving a grant or 
subgrant under this subpart and each State educational agency 
receiving a grant under this subpart shall implement 
scientifically based, sustainable, and widely replicated 
strategies for school dropout prevention and reentry. The 
strategies may include--
            [(1) specific strategies for targeted purposes, 
        such as--
                    [(A) effective early intervention programs 
                designed to identify at-risk students;
                    [(B) effective programs serving at-risk 
                students, including racial and ethnic 
                minorities and pregnant and parenting 
                teenagers, designed to prevent such students 
                from dropping out of school; and
                    [(C) effective programs to identify and 
                encourage youth who have already dropped out of 
                school to reenter school and complete their 
                secondary education; and
            [(2) approaches such as breaking larger schools 
        down into smaller learning communities and other 
        comprehensive reform approaches, creating alternative 
        school programs, and developing clear linkages to 
        career skills and employment.]

[SEC. 1826. SELECTION OF LOCAL EDUCATIONAL AGENCIES FOR SUBGRANTS.

    [(a) State Educational Agency Review and Award.--The State 
educational agency shall review applications submitted under 
section 1823(a)(2) and award subgrants to local educational 
agencies with the assistance and advice of a panel of experts 
on school dropout prevention and reentry.
    [(b) Eligibility.--A local educational agency is eligible 
to receive a subgrant under this subpart if the local 
educational agency operates a public school (including a public 
alternative school)--
            [(1) that is eligible to receive assistance under 
        part A; and
            [(2)(A) that serves students 50 percent or more of 
        whom are low-income students; or
            [(B) in which a majority of the students come from 
        feeder schools that serve students 50 percent or more 
        of whom are low-income students.]

[SEC. 1827. COMMUNITY BASED ORGANIZATIONS.

    [A local educational agency that receives a grant or 
subgrant under this subpart and a State educational agency that 
receives a grant under this subpart may use the funds to secure 
necessary services from a community-based organization or other 
government agency if the funds are used to provide school 
dropout prevention and reentry activities related to schoolwide 
efforts.]

[SEC. 1828. TECHNICAL ASSISTANCE.

    [Notwithstanding any other provision of law, each local 
educational agency that receives funds under this subpart shall 
use the funds to provide technical assistance to secondary 
schools served by the agency that have not made progress toward 
lowering annual school dropout rates after receiving assistance 
under this subpart for 2 fiscal years.]

[SEC. 1829. SCHOOL DROPOUT RATE CALCULATION.

    [For purposes of calculating an annual school dropout rate 
under this subpart, a school shall use the annual event school 
dropout rate for students leaving a school in a single year 
determined in accordance with the National Center for Education 
Statistics' Common Core of Data.]

[SEC. 1830. [REPORTING AND ACCOUNTABILITY.

    [(a) Local Educational Agency Reports.--
            [(1) In general.--To receive funds under this 
        subpart for a fiscal year after the first fiscal year 
        that a local educational agency receives funds under 
        this subpart, the local educational agency shall 
        provide, on an annual basis, a report regarding the 
        status of the implementation of activities funded under 
        this subpart, and the dropout data for students at 
        schools assisted under this subpart, disaggregated by 
        race and ethnicity, to the--
                    [(A) Secretary, if the local educational 
                agency receives a grant under section 
                1822(a)(1); or
                    [(B) State educational agency, if the local 
                educational agency receives a subgrant under 
                paragraph (2) or (3) of section 1822(a).
            [(2) Dropout data.--The dropout data under 
        paragraph (1) shall include annual school dropout rates 
        for each fiscal year, starting with the 2 fiscal years 
        before the local educational agency received funds 
        under this subpart.
    [(b) State Report on Program Activities.--Each State 
educational agency receiving funds under this subpart shall 
provide to the Secretary, at such time and in such format as 
the Secretary may require, information on the status of the 
implementation of activities funded under this subpart and 
outcome data for students in schools assisted under this 
subpart.
    [(c) Accountability.--The Secretary shall evaluate the 
effect of the activities assisted under this subpart on school 
dropout prevention compared, if feasible, to a control group 
using control procedures. The Secretary may use funds 
appropriated for subpart 1 to carry out this evaluation.]

                   [PART I]PART E--GENERAL PROVISIONS

[SEC. 1901]SEC. 1501. FEDERAL REGULATIONS.

    (a) In General.--The Secretary may issue, in accordance 
with subsections (b) through (d), such regulations as are 
necessary to reasonably ensure that there is compliance with 
this title.
    (b) Negotiated Rulemaking Process.--
            (1) In general.--Before publishing in the Federal 
        Register proposed regulations to carry out this title, 
        the Secretary shall obtain the advice and 
        recommendations of representatives of Federal, State, 
        and local administrators, parents, teachers, 
        principals, other school leaders, paraprofessionals, 
        and members of local school boards and other 
        organizations involved with the implementation and 
        operation of programs under this title.
            (2) Meetings and electronic exchange.--Such advice 
        and recommendations may be obtained through such 
        mechanisms as regional meetings and electronic 
        exchanges of information. All information from such 
        regional meetings and electronic exchanges shall be 
        made public in an easily accessible manner to 
        interested parties.
            (3) Proposed regulations.--After obtaining such 
        advice and recommendations, and before publishing 
        proposed regulations, the Secretary shall--
                    (A) establish a negotiated rulemaking 
                process on, at a minimum, [standards and 
                assessments]standards, assessments, the State 
                accountability system under section 1111(b)(3), 
                school intervention and support under section 
                1114, and the requirement that funds be 
                supplemented and not supplanted under section 
                1117;;

           *       *       *       *       *       *       *

            [(4) Process.--Such process--
                    [(A) shall be conducted in a timely manner 
                to ensure that final regulations are issued by 
                the Secretary not later than 1 year after the 
                date of enactment of the No Child Left Behind 
                Act of 2001; and
                    [(B) shall not be subject to the Federal 
                Advisory Committee Act, but shall otherwise 
                follow the provisions of the Negotiated 
                Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).]
            (4) Process.--Such process shall not be subject to 
        the Federal Advisory Committee Act, but shall, unless 
        otherwise provided as described in subsection (c), 
        follow the provisions of the Negotiated Rulemaking Act 
        of 1990 (5 U.S.C. 561 et seq.).
            [(5) Emergency situation.--In an emergency 
        situation in which regulations to carry out this title 
        must be issued within a very limited time to assist 
        State educational agencies and local educational 
        agencies with the operation of a program under this 
        title, the Secretary may issue proposed regulations 
        without following such process but shall, immediately 
        thereafter and before issuing final regulations, 
        conduct regional meetings to review such proposed 
        regulations.]
            (5) Emergency situation.--In an emergency situation 
        in which regulations to carry out this title must be 
        issued within a very limited time to assist State 
        educational agencies and local educational agencies 
        with the operation of a program under this title, the 
        Secretary may issue a proposed regulation without 
        following such process but shall--
                    (A) designate the proposed regulation as an 
                emergency with an explanation of the emergency 
                in a notice provided to Congress;
                    (B) publish the duration of the comment and 
                review period in such notice and in the Federal 
                Register; and
                    (C) conduct regional meetings to review 
                such proposed regulation before issuing any 
                final regulation.
    (c) Alternative Process if Failure to Reach Consensus.--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 paragraph (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 30 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 regulation to be 
                proposed;
                    (B) a justification of the need to issue a 
                regulation;
                    (C) the anticipated burden, including the 
                time, cost, and paperwork burden, the 
                regulations will have 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;
                    (E) any regulations that will be repealed 
                when the new regulations are issued; and
                    (F) an opportunity to comment on the 
                information in subparagraphs (A) through (E).
            (2) Comment period for congress.--The Secretary 
        shall provide Congress with a 15-day period, beginning 
        after the date on which the Secretary provided the 
        notice of any proposed rulemaking to Congress under 
        paragraph (1), to make comments on the proposed rule. 
        After addressing all comments received from Congress 
        during such period, the Secretary may proceed with the 
        rulemaking process under section 553 of title 5, United 
        States Code, as modified by this section.
            (3) Public comment and review period.--The public 
        comment and review period for any proposed regulation 
        shall be not less than 90 days unless an emergency 
        requires a shorter period, in which case the Secretary 
        shall comply with the process outlined in subsection 
        (b)(5).
            (4) Assessment.--No regulation shall be made final 
        after the comment and review period described in 
        paragraph (3) until the Secretary has published in the 
        Federal Register--
                    (A) an assessment of the proposed 
                regulation that--
                            (i) includes a representative 
                        sampling of local educational agencies 
                        based on enrollment, geographic 
                        diversity (including suburban, urban, 
                        and rural local educational agencies), 
                        and other factors impacted by the 
                        proposed regulation;
                            (ii) addresses the burden, 
                        including the time, cost, and paperwork 
                        burden, that the regulation will impose 
                        on State educational agencies, local 
                        educational agencies, schools, and 
                        other entities that may be impacted by 
                        the regulation;
                            (iii) addresses the benefits to 
                        State educational agencies, local 
                        educational agencies, schools, and 
                        other entities that may be impacted by 
                        the regulation; and
                            (iv) thoroughly addresses, based on 
                        the comments received during the 
                        comment and review period under 
                        paragraph (3), whether the rule is 
                        financially and operationally viable at 
                        the local level; and
                    (B) an explanation of how the entities 
                described in subparagraph (A)(ii) may cover the 
                cost of the burden assessed under such 
                subparagraph.
    [(c)](d) Limitation.--Regulations to carry out this part 
may not require local programs to follow a particular 
instructional model, such as the provision of services outside 
the regular classroom or school program.
    (e) Rule of Construction.--Nothing in this section affects 
the applicability of subchapter II of chapter 5, and chapter 7, 
of title 5, United States Code (commonly known as the 
``Administrative Procedure Act'') or chapter 8 of title 5, 
United States Code (commonly known as the ``Congressional 
Review Act'').

[SEC. 1902]SEC. 1502. AGREEMENTS AND RECORDS.

    (a) Agreements.--All published proposed regulations shall 
conform to agreements that result from negotiated rulemaking 
described in [section 1901]section 1501 unless the Secretary 
reopens the negotiated rulemaking process [or provides a 
written explanation to the participants involved in the process 
explaining why the Secretary decided to depart from, and not 
adhere to, such agreements.]or where negotiated rulemaking is 
not pursued, shall conform to section 1501(c).
    (b) Records.--The Secretary shall ensure that an accurate 
and reliable record of agreements reached during the 
negotiations process is maintained.

[SEC. 1903]SEC. 1503. STATE ADMINISTRATION.

    (a) Rulemaking.--
            (1) In general.--Each State that receives funds 
        under this title shall--
                    (A) * * *

           *       *       *       *       *       *       *

            (2) Support and facilitation.--State rules, 
        regulations, and policies under this title shall 
        support and facilitate local educational agency and 
        school-level systemic reform designed to enable all 
        children to meet the challenging State [student 
        academic achievement]academic standards.
    (b) Committee of Practitioners.--
            (1) In general.--* * *
            (2) Membership.--Each such committee shall 
        include--
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) teachers[, including vocational 
                educators];

           *       *       *       *       *       *       *

                    (F) representatives of private school 
                children; [and]
                    [(G) pupil services personnel.]
                    (G) specialized instructional support 
                personnel;
                    (H) representatives of charter schools, as 
                appropriate; and
                    (I) paraprofessionals.
            (3) Duties.--* * *

           *       *       *       *       *       *       *

[SEC. 1905]SEC. 1504. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, 
                    OR CONTROL.

    * * *

[SEC. 1906]SEC. 1505. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

    * * *

[SEC. 1907. STATE REPORT ON DROPOUT DATA.

    [Not later than 1 year after a State educational agency 
receives funds under this title, the agency shall report to the 
Secretary and statewide, all school district data regarding 
annual school dropout rates in the State disaggregated by race 
and ethnicity according to procedures that conform with the 
National Center for Education Statistics' Common Core of Data.]

[SEC. 1908. REGULATIONS FOR SECTIONS 1111 AND 1116.

    [The Secretary shall issue regulations for sections 1111 
and 1116 not later than 6 months after the date of enactment of 
the No Child Left Behind Act of 2001.]

 [TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS 
                            AND PRINCIPALS]

      [PART A--TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND]

[SEC. 2101. PURPOSE.

     [The purpose of this part is to provide grants to State 
educational agencies, local educational agencies, State 
agencies for higher education, and eligible partnerships in 
order to--
            [(1) increase student academic achievement through 
        strategies such as improving teacher and principal 
        quality and increasing the number of highly qualified 
        teachers in the classroom and highly qualified 
        principals and assistant principals in schools; and
            [(2) hold local educational agencies and schools 
        accountable for improvements in student academic 
        achievement.]

[SEC. 2102. DEFINITIONS.

     [In this part:
            [(1) Arts and sciences.--The term ``arts and 
        sciences'' means--
                    [(A) when referring to an organizational 
                unit of an institution of higher education, any 
                academic unit that offers one or more academic 
                majors in disciplines or content areas 
                corresponding to the academic subjects in which 
                teachers teach; and
                    [(B) when referring to a specific academic 
                subject, the disciplines or content areas in 
                which an academic major is offered by an 
                organizational unit described in subparagraph 
                (A).
            [(2) Charter school.--The term ``charter school'' 
        has the meaning given the term in section 5210.
            [(3) High-need local educational agency.--The term 
        ``high-need local educational agency'' means a local 
        educational agency--
                    [(A)(i) that serves not fewer than 10,000 
                children from families with incomes below the 
                poverty line; or
                    [(ii) for which not less than 20 percent of 
                the children served by the agency are from 
                families with incomes below the poverty line; 
                and
                    [(B)(i) for which there is a high 
                percentage of teachers not teaching in the 
                academic subjects or grade levels that the 
                teachers were trained to teach; or
                    [(ii) for which there is a high percentage 
                of teachers with emergency, provisional, or 
                temporary certification or licensing.
            [(4) Highly qualified paraprofessional.--The term 
        ``highly qualified paraprofessional'' means a 
        paraprofessional who has not less than 2 years of--
                    [(A) experience in a classroom; and
                    [(B) postsecondary education or 
                demonstrated competence in a field or academic 
                subject for which there is a significant 
                shortage of qualified teachers.
            [(5) Out-of-field teacher.--The term ``out-of-field 
        teacher'' means a teacher who is teaching an academic 
        subject or a grade level for which the teacher is not 
        highly qualified.
            [(6) Principal.--The term ``principal'' includes an 
        assistant principal.]

[SEC. 2103. AUTHORIZATIONS OF APPROPRIATIONS.

    [(a) Grants to States, Local Educational Agencies, and 
Eligible Partnerships.--There are authorized to be appropriated 
to carry out this part (other than subpart 5) $3,175,000,000 
for fiscal year 2002 and such sums as may be necessary for each 
of the 5 succeeding fiscal years.
    [(b) National Programs.--There are authorized to be 
appropriated to carry out subpart 5 such sums as may be 
necessary for fiscal year 2002 and each of the 5 succeeding 
fiscal years.]

                     [Subpart 1--Grants to States]

[SEC. 2111. ALLOTMENTS TO STATES.

    [(a) In General.--The Secretary shall make grants to States 
with applications approved under section 2112 to pay for the 
Federal share of the cost of carrying out the activities 
specified in section 2113. Each grant shall consist of the 
allotment determined for a State under subsection (b).
    [(b) Determination of Allotments.--
            [(1) Reservation of funds.--
                    [(A) In general.--From the total amount 
                appropriated under section 2103(a) for a fiscal 
                year, the Secretary shall reserve--
                            [(i) 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 part; and
                            [(ii) 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 Affairs.
            [(2) State allotments.--
                    [(A) Hold harmless.--
                            [(i) In general.--Subject to 
                        subparagraph (B), from the funds 
                        appropriated under section 2103(a) for 
                        any fiscal year and not reserved under 
                        paragraph (1), the Secretary shall 
                        allot to each of the 50 States, the 
                        District of Columbia, and the 
                        Commonwealth of Puerto Rico 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).
                            [(ii) Ratable reduction.--If the 
                        funds described in clause (i) are 
                        insufficient to pay the full amounts 
                        that all States are eligible to receive 
                        under clause (i) for any fiscal year, 
                        the Secretary shall ratably reduce 
                        those amounts for the fiscal year.
                    [(B) Allotment of additional funds.--
                            [(i) In general.--Subject to clause 
                        (ii), for any fiscal year for which the 
                        funds appropriated under section 
                        2103(a) and not reserved under 
                        paragraph (1) exceed the total amount 
                        required to make allotments under 
                        subparagraph (A), the Secretary shall 
                        allot to each of the States described 
                        in subparagraph (A) the sum of--
                                    [(I) 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
                                    [(II) 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) Exception.--No State 
                        receiving an allotment under clause (i) 
                        may receive less than one-half of 1 
                        percent of the total excess amount 
                        allotted under such clause for a fiscal 
                        year.
            [(3) 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.]

[SEC. 2112. STATE APPLICATIONS.

    [(a) In General.--For a State to be eligible to receive a 
grant under this part, the State educational agency shall 
submit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary may 
reasonably require.
    [(b) Contents.--Each application submitted under this 
section shall include the following:
            [(1) A description of how the activities to be 
        carried out by the State educational agency under this 
        subpart will be based on a review of scientifically 
        based research and an explanation of why the activities 
        are expected to improve student academic achievement.
            [(2) A description of how the State educational 
        agency will ensure that a local educational agency 
        receiving a subgrant to carry out subpart 2 will comply 
        with the requirements of such subpart.
            [(3) A description of how the State educational 
        agency will ensure that activities assisted under this 
        subpart are aligned with challenging State academic 
        content and student academic achievement standards, 
        State assessments, and State and local curricula.
            [(4) A description of how the State educational 
        agency will use funds under this part to improve the 
        quality of the State's teachers and principals.
            [(5)(A) A description of how the State educational 
        agency will coordinate professional development 
        activities authorized under this part with professional 
        development activities provided under other Federal, 
        State, and local programs.
            [(B) A description of the comprehensive strategy 
        that the State educational agency will use, as part of 
        such coordination effort, to ensure that teachers are 
        trained in the use of technology so that technology and 
        applications of technology are effectively used in the 
        classroom to improve teaching and learning in all 
        curricula and academic subjects, as appropriate.
            [(6) A description of how the State educational 
        agency will encourage the development of proven, 
        innovative strategies to deliver intensive professional 
        development programs that are both cost-effective and 
        easily accessible, such as strategies that involve 
        delivery through the use of technology, peer networks, 
        and distance learning.
            [(7)(A) A description of how the State educational 
        agency will ensure compliance with the requirements for 
        professional development activities described in 
        section 9101 and how the activities to be carried out 
        under the grant will be developed collaboratively and 
        based on the input of teachers, principals, parents, 
        administrators, paraprofessionals, and other school 
        personnel.
            [(B) In the case of a State in which the State 
        educational agency is not the entity responsible for 
        teacher professional standards, certification, and 
        licensing, an assurance that the State activities 
        carried out under this subpart are carried out in 
        conjunction with the entity responsible for such 
        standards, certification, and licensing under State 
        law.
            [(8) A description of how the State educational 
        agency will ensure that the professional development 
        (including teacher mentoring) needs of teachers will be 
        met using funds under this subpart and subpart 2.
            [(9) A description of the State educational 
        agency's annual measurable objectives under section 
        1119(a)(2).
            [(10) A description of how the State educational 
        agency will use funds under this part to meet the 
        teacher and paraprofessional requirements of section 
        1119 and how the State educational agency will hold 
        local educational agencies accountable for meeting the 
        annual measurable objectives described in section 
        1119(a)(2).
            [(11) In the case of a State that has a charter 
        school law that exempts teachers from State 
        certification and licensing requirements, the specific 
        portion of the State law that provides for the 
        exemption.
            [(12) An assurance that the State educational 
        agency will comply with section 9501 (regarding 
        participation by private school children and teachers).
    [(c) 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 subpart.
    [(d) Disapproval.--The Secretary shall not finally 
disapprove the application, except after giving the State 
educational agency notice and an opportunity for a hearing.
    [(e) Notification.--If the Secretary finds that the 
application is not in compliance, in whole or in part, with 
this subpart, 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, 
        shall--
                    [(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.
    [(f) Response.--If the State educational agency responds to 
the Secretary's notification described in subsection (e)(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 
(e)(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 (c).
    [(g) Failure To Respond.--If the State educational agency 
does not respond to the Secretary's notification described in 
subsection (e)(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.]

[SEC. 2113. STATE USE OF FUNDS.

    [(a) In General.--A State that receives a grant under 
section 2111 shall--
            [(1) reserve 95 percent of the funds made available 
        through the grant to make subgrants to local 
        educational agencies as described in subpart 2;
            [(2) reserve 2.5 percent (or, for a fiscal year 
        described in subsection (b), the percentage determined 
        under subsection (b)) of the funds to make subgrants to 
        local partnerships as described in subpart 3; and
            [(3) use the remainder of the funds for State 
        activities described in subsection (c).
    [(b) Special Rule.--For any fiscal year for which the total 
amount that would be reserved by all States under subsection 
(a)(2), if the States applied a 2.5 percentage rate, exceeds 
$125,000,000, the Secretary shall determine an alternative 
percentage that the States shall apply for that fiscal year 
under subsection (a)(2) so that the total amount reserved by 
all States under subsection (a)(2) equals $125,000,000.
    [(c) State Activities.--The State educational agency for a 
State that receives a grant under section 2111 shall use the 
funds described in subsection (a)(3) to carry out one or more 
of the following activities, which may be carried out through a 
grant or contract with a for-profit or nonprofit entity:
            [(1) Reforming teacher and principal certification 
        (including recertification) or licensing requirements 
        to ensure that--
                    [(A)(i) teachers have the necessary subject 
                matter knowledge and teaching skills in the 
                academic subjects that the teachers teach; and
                    [(ii) principals have the instructional 
                leadership skills to help teachers teach and 
                students learn;
                    [(B) teacher certification (including 
                recertification) or licensing requirements are 
                aligned with challenging State academic content 
                standards; and
                    [(C) teachers have the subject matter 
                knowledge and teaching skills, including 
                technology literacy, and principals have the 
                instructional leadership skills, necessary to 
                help students meet challenging State student 
                academic achievement standards.
            [(2) Carrying out programs that provide support to 
        teachers or principals, including support for teachers 
        and principals new to their profession, such as 
        programs that--
                    [(A) provide teacher mentoring, team 
                teaching, reduced class schedules, and 
                intensive professional development; and
                    [(B) use standards or assessments for 
                guiding beginning teachers that are consistent 
                with challenging State student academic 
                achievement standards and with the requirements 
                for professional development activities 
                described in section 9101.
            [(3) Carrying out programs that establish, expand, 
        or improve alternative routes for State certification 
        of teachers and principals, especially in the areas of 
        mathematics and science, for highly qualified 
        individuals with a baccalaureate or master's degree, 
        including mid-career professionals from other 
        occupations, paraprofessionals, former military 
        personnel, and recent college or university graduates 
        with records of academic distinction who demonstrate 
        the potential to become highly effective teachers or 
        principals.
            [(4) Developing and implementing mechanisms to 
        assist local educational agencies and schools in 
        effectively recruiting and retaining highly qualified 
        teachers, including specialists in core academic 
        subjects, principals, and pupil services personnel, 
        except that funds made available under this paragraph 
        may be used for pupil services personnel only--
                    [(A) if the State educational agency is 
                making progress toward meeting the annual 
                measurable objectives described in section 
                1119(a)(2); and
                    [(B) in a manner consistent with mechanisms 
                to assist local educational agencies and 
                schools in effectively recruiting and retaining 
                highly qualified teachers and principals.
            [(5) Reforming tenure systems, implementing teacher 
        testing for subject matter knowledge, and implementing 
        teacher testing for State certification or licensing, 
        consistent with title II of the Higher Education Act of 
        1965.
            [(6) Providing professional development for 
        teachers and principals and, in cases in which a State 
        educational agency determines support to be 
        appropriate, supporting the participation of pupil 
        services personnel in the same type of professional 
        development activities as are made available to 
        teachers and principals.
            [(7) Developing systems to measure the 
        effectiveness of specific professional development 
        programs and strategies to document gains in student 
        academic achievement or increases in teacher mastery of 
        the academic subjects the teachers teach.
            [(8) Fulfilling the State educational agency's 
        responsibilities concerning proper and efficient 
        administration of the programs carried out under this 
        part, including provision of technical assistance to 
        local educational agencies.
            [(9) Funding projects to promote reciprocity of 
        teacher and principal certification or licensing 
        between or among States, except that no reciprocity 
        agreement developed under this paragraph or developed 
        using funds provided under this part may lead to the 
        weakening of any State teaching certification or 
        licensing requirement.
            [(10) Developing or assisting local educational 
        agencies in the development and use of proven, 
        innovative strategies to deliver intensive professional 
        development programs that are both cost-effective and 
        easily accessible, such as strategies that involve 
        delivery through the use of technology, peer networks, 
        and distance learning.
            [(11) Encouraging and supporting the training of 
        teachers and administrators to effectively integrate 
        technology into curricula and instruction, including 
        training to improve the ability to collect, manage, and 
        analyze data to improve teaching, decisionmaking, 
        school improvement efforts, and accountability.
            [(12) Developing, or assisting local educational 
        agencies in developing, merit-based performance 
        systems, and strategies that provide differential and 
        bonus pay for teachers in high-need academic subjects 
        such as reading, mathematics, and science and teachers 
        in high-poverty schools and districts.
            [(13) Providing assistance to local educational 
        agencies for the development and implementation of 
        professional development programs for principals that 
        enable the principals to be effective school leaders 
        and prepare all students to meet challenging State 
        academic content and student academic achievement 
        standards, and the development and support of school 
        leadership academies to help exceptionally talented 
        aspiring or current principals and superintendents 
        become outstanding managers and educational leaders.
            [(14) Developing, or assisting local educational 
        agencies in developing, teacher advancement initiatives 
        that promote professional growth and emphasize multiple 
        career paths (such as paths to becoming a career 
        teacher, mentor teacher, or exemplary teacher) and pay 
        differentiation.
            [(15) Providing assistance to teachers to enable 
        them to meet certification, licensing, or other 
        requirements needed to become highly qualified by the 
        end of the fourth year for which the State receives 
        funds under this part (as amended by the No Child Left 
        Behind Act of 2001).
            [(16) Supporting activities that ensure that 
        teachers are able to use challenging State academic 
        content standards and student academic achievement 
        standards, and State assessments, to improve 
        instructional practices and improve student academic 
        achievement.
            [(17) Funding projects and carrying out programs to 
        encourage men to become elementary school teachers.
            [(18) Establishing and operating a center that--
                    [(A) serves as a statewide clearinghouse 
                for the recruitment and placement of 
                kindergarten, elementary school, and secondary 
                school teachers; and
                    [(B) establishes and carries out programs 
                to improve teacher recruitment and retention 
                within the State.
    [(d) Administrative Costs.--A State educational agency or 
State agency for higher education receiving a grant under this 
part may use not more than 1 percent of the grant funds for 
planning and administration related to carrying out activities 
under subsection (c) and subpart 3.
    [(e) Coordination.--A State that receives a grant to carry 
out this subpart and a grant under section 202 of the Higher 
Education Act of 1965 shall coordinate the activities carried 
out under this subpart and the activities carried out under 
that section.
    [(f) Supplement, Not Supplant.--Funds received 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.]

          [Subpart 2--Subgrants to Local Educational Agencies]

[SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

    [(a) Subgrants to Local Educational Agencies.--
            [(1) In general.--The Secretary may make a grant to 
        a State under subpart 1 only if the State educational 
        agency agrees to distribute the funds described in this 
        subsection as subgrants to local educational agencies 
        under this subpart.
            [(2) Hold harmless.--
                    [(A) In general.--From the funds reserved 
                by a State under section 2113(a)(1), the State 
                educational agency shall allocate to each local 
                educational agency in the State an amount equal 
                to the total amount that such agency received 
                for fiscal year 2001 under--
                            [(i) section 2203(1)(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) Nonparticipating agencies.--In the 
                case of a local educational agency that did not 
                receive any funds for fiscal year 2001 under 
                one or both of the provisions referred to in 
                clauses (i) and (ii) of subparagraph (A), the 
                amount allocated to the agency under such 
                subparagraph shall be the total amount that the 
                agency would have received for fiscal year 2001 
                if the agency had elected to participate in all 
                of the programs for which the agency was 
                eligible under each of the provisions referred 
                to in those clauses.
                    [(C) Ratable reduction.--If the funds 
                described in subparagraph (A) are insufficient 
                to pay the full amounts that all local 
                educational agencies in the State are eligible 
                to receive under subparagraph (A) for any 
                fiscal year, the State educational agency shall 
                ratably reduce such amounts for the fiscal 
                year.
            [(3) Allocation of additional funds.--For any 
        fiscal year for which the funds reserved by a State 
        under section 2113(a)(1) exceed the total amount 
        required to make allocations under paragraph (2), the 
        State educational agency shall allocate to each of the 
        eligible local educational agencies in the State the 
        sum of--
                    [(A) 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 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 local educational 
                agencies in the State, as so determined; and
                    [(B) 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 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 local 
                educational agencies in the State, as so 
                determined.]

[SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT.

    [(a) In General.--To be eligible to receive a subgrant 
under this subpart, 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.
    [(b) Contents.--Each application submitted under this 
section shall be based on the needs assessment required in 
subsection (c) and shall include the following:
            [(1)(A) A description of the activities to be 
        carried out by the local educational agency under this 
        subpart and how these activities will be aligned with--
                    [(i) challenging State academic content 
                standards and student academic achievement 
                standards, and State assessments; and
                    [(ii) the curricula and programs tied to 
                the standards described in clause (i).
            [(B) A description of how the activities will be 
        based on a review of scientifically based research and 
        an explanation of why the activities are expected to 
        improve student academic achievement.
            [(2) A description of how the activities will have 
        a substantial, measurable, and positive impact on 
        student academic achievement and how the activities 
        will be used as part of a broader strategy to eliminate 
        the achievement gap that separates low-income and 
        minority students from other students.
            [(3) An assurance that the local educational agency 
        will target funds to schools within the jurisdiction of 
        the local educational agency that--
                    [(A) have the lowest proportion of highly 
                qualified teachers;
                    [(B) have the largest average class size; 
                or
                    [(C) are identified for school improvement 
                under section 1116(b).
            [(4) A description of how the local educational 
        agency will coordinate professional development 
        activities authorized under this subpart with 
        professional development activities provided through 
        other Federal, State, and local programs.
            [(5) A description of the professional development 
        activities that will be made available to teachers and 
        principals under this subpart and how the local 
        educational agency will ensure that the professional 
        development (which may include teacher mentoring) needs 
        of teachers and principals will be met using funds 
        under this subpart.
            [(6) A description of how the local educational 
        agency will integrate funds under this subpart with 
        funds received under part D that are used for 
        professional development to train teachers to integrate 
        technology into curricula and instruction to improve 
        teaching, learning, and technology literacy.
            [(7) A description of how the local educational 
        agency, teachers, paraprofessionals, principals, other 
        relevant school personnel, and parents have 
        collaborated in the planning of activities to be 
        carried out under this subpart and in the preparation 
        of the application.
            [(8) A description of the results of the needs 
        assessment described in subsection (c).
            [(9) A description of how the local educational 
        agency will provide training to enable teachers to--
                    [(A) teach and address the needs of 
                students with different learning styles, 
                particularly students with disabilities, 
                students with special learning needs (including 
                students who are gifted and talented), and 
                students with limited English proficiency;
                    [(B) improve student behavior in the 
                classroom and identify early and appropriate 
                interventions to help students described in 
                subparagraph (A) learn;
                    [(C) involve parents in their child's 
                education; and
                    [(D) understand and use data and 
                assessments to improve classroom practice and 
                student learning.
            [(10) A description of how the local educational 
        agency will use funds under this subpart to meet the 
        requirements of section 1119.
            [(11) An assurance that the local educational 
        agency will comply with section 9501 (regarding 
        participation by private school children and teachers).
    [(c) Needs Assessment.--
            [(1) In general.--To be eligible to receive a 
        subgrant under this subpart, a local educational agency 
        shall conduct an assessment of local needs for 
        professional development and hiring, as identified by 
        the local educational agency and school staff.
            [(2) Requirements.--Such needs assessment shall be 
        conducted with the involvement of teachers, including 
        teachers participating in programs under part A of 
        title I, and shall take into account the activities 
        that need to be conducted in order to give teachers the 
        means, including subject matter knowledge and teaching 
        skills, and to give principals the instructional 
        leadership skills to help teachers, to provide students 
        with the opportunity to meet challenging State and 
        local student academic achievement standards.]

[SEC. 2123. LOCAL USE OF FUNDS.

    [(a) In General.--A local educational agency that receives 
a subgrant under section 2121 shall use the funds made 
available through the subgrant to carry out one or more of the 
following activities, including carrying out the activities 
through a grant or contract with a for-profit or nonprofit 
entity:
            [(1) Developing and implementing mechanisms to 
        assist schools in effectively recruiting and retaining 
        highly qualified teachers, including specialists in 
        core academic subjects, principals, and pupil services 
        personnel, except that funds made available under this 
        paragraph may be used for pupil services personnel 
        only--
                    [(A) if the local educational agency is 
                making progress toward meeting the annual 
                measurable objectives described in section 
                1119(a)(2); and
                    [(B) in a manner consistent with mechanisms 
                to assist schools in effectively recruiting and 
                retaining highly qualified teachers and 
                principals.
            [(2) Developing and implementing initiatives to 
        assist in recruiting highly qualified teachers 
        (particularly initiatives that have proven effective in 
        retaining highly qualified teachers), and hiring highly 
        qualified teachers, who will be assigned teaching 
        positions within their fields, including--
                    [(A) providing scholarships, signing 
                bonuses, or other financial incentives, such as 
                differential pay, for teachers to teach--
                            [(i) in academic subjects in which 
                        there exists a shortage of highly 
                        qualified teachers within a school or 
                        within the local educational agency; 
                        and
                            [(ii) in schools in which there 
                        exists a shortage of highly qualified 
                        teachers;
                    [(B) recruiting and hiring highly qualified 
                teachers to reduce class size, particularly in 
                the early grades; and
                    [(C) establishing programs that--
                            [(i) train and hire regular and 
                        special education teachers (which may 
                        include hiring special education 
                        teachers to team-teach in classrooms 
                        that contain both children with 
                        disabilities and nondisabled children);
                            [(ii) train and hire highly 
                        qualified teachers of special needs 
                        children, as well as teaching 
                        specialists in core academic subjects 
                        who will provide increased 
                        individualized instruction to students;
                            [(iii) recruit qualified 
                        professionals from other fields, 
                        including highly qualified 
                        paraprofessionals, and provide such 
                        professionals with alternative routes 
                        to teacher certification, including 
                        developing and implementing hiring 
                        policies that ensure comprehensive 
                        recruitment efforts as a way to expand 
                        the applicant pool, such as through 
                        identifying teachers certified through 
                        alternative routes, and using a system 
                        of intensive screening designed to hire 
                        the most qualified applicants; and
                            [(iv) provide increased 
                        opportunities for minorities, 
                        individuals with disabilities, and 
                        other individuals underrepresented in 
                        the teaching profession.
            [(3) Providing professional development 
        activities--
                    [(A) that improve the knowledge of teachers 
                and principals and, in appropriate cases, 
                paraprofessionals, concerning--
                            [(i) one or more of the core 
                        academic subjects that the teachers 
                        teach; and
                            [(ii) effective instructional 
                        strategies, methods, and skills, and 
                        use of challenging State academic 
                        content standards and student academic 
                        achievement standards, and State 
                        assessments, to improve teaching 
                        practices and student academic 
                        achievement; and
                    [(B) that improve the knowledge of teachers 
                and principals and, in appropriate cases, 
                paraprofessionals, concerning effective 
                instructional practices and that--
                            [(i) involve collaborative groups 
                        of teachers and administrators;
                            [(ii) provide training in how to 
                        teach and address the needs of students 
                        with different learning styles, 
                        particularly students with 
                        disabilities, students with special 
                        learning needs (including students who 
                        are gifted and talented), and students 
                        with limited English proficiency;
                            [(iii) provide training in methods 
                        of--
                                    [(I) improving student 
                                behavior in the classroom; and
                                    [(II) identifying early and 
                                appropriate interventions to 
                                help students described in 
                                clause (ii) learn;
                            [(iv) provide training to enable 
                        teachers and principals to involve 
                        parents in their child's education, 
                        especially parents of limited English 
                        proficient and immigrant children; and
                            [(v) provide training on how to 
                        understand and use data and assessments 
                        to improve classroom practice and 
                        student learning.
            [(4) Developing and implementing initiatives to 
        promote retention of highly qualified teachers and 
        principals, particularly within elementary schools and 
        secondary schools with a high percentage of low-
        achieving students, including programs that provide--
                    [(A) teacher mentoring from exemplary 
                teachers, principals, or superintendents;
                    [(B) induction and support for teachers and 
                principals during their first 3 years of 
                employment as teachers or principals, 
                respectively;
                    [(C) incentives, including financial 
                incentives, to retain teachers who have a 
                record of success in helping low-achieving 
                students improve their academic achievement; or
                    [(D) incentives, including financial 
                incentives, to principals who have a record of 
                improving the academic achievement of all 
                students, but particularly students from 
                economically disadvantaged families, students 
                from racial and ethnic minority groups, and 
                students with disabilities.
            [(5) Carrying out programs and activities that are 
        designed to improve the quality of the teacher force, 
        such as--
                    [(A) innovative professional development 
                programs (which may be provided through 
                partnerships including institutions of higher 
                education), including programs that train 
                teachers and principals to integrate technology 
                into curricula and instruction to improve 
                teaching, learning, and technology literacy, 
                are consistent with the requirements of section 
                9101, and are coordinated with activities 
                carried out under part D;
                    [(B) development and use of proven, cost-
                effective strategies for the implementation of 
                professional development activities, such as 
                through the use of technology and distance 
                learning;
                    [(C) tenure reform;
                    [(D) merit pay programs; and
                    [(E) testing of elementary school and 
                secondary school teachers in the academic 
                subjects that the teachers teach.
            [(6) Carrying out professional development 
        activities designed to improve the quality of 
        principals and superintendents, including the 
        development and support of academies to help talented 
        aspiring or current principals and superintendents 
        become outstanding managers and educational leaders.
            [(7) Hiring highly qualified teachers, including 
        teachers who become highly qualified through State and 
        local alternative routes to certification, and special 
        education teachers, in order to reduce class size, 
        particularly in the early grades.
            [(8) Carrying out teacher advancement initiatives 
        that promote professional growth and emphasize multiple 
        career paths (such as paths to becoming a career 
        teacher, mentor teacher, or exemplary teacher) and pay 
        differentiation.
            [(10) Carrying out programs and activities related 
        to exemplary teachers.
    [(b) Supplement, Not Supplant.--Funds received 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.]

            [Subpart 3--Subgrants to Eligible Partnerships]

[SEC. 2131. DEFINITIONS.

     [In this subpart:
            [(1) Eligible partnership.--The term ``eligible 
        partnership'' means an entity that--
                    [(A) shall include--
                            [(i) a private or State institution 
                        of higher education and the division of 
                        the institution that prepares teachers 
                        and principals;
                            [(ii) a school of arts and 
                        sciences; and
                            [(iii) a high-need local 
                        educational agency; and
                    [(B) may include another local educational 
                agency, a public charter school, an elementary 
                school or secondary school, an educational 
                service agency, a nonprofit educational 
                organization, another institution of higher 
                education, a school of arts and sciences within 
                such an institution, the division of such an 
                institution that prepares teachers and 
                principals, a nonprofit cultural organization, 
                an entity carrying out a prekindergarten 
                program, a teacher organization, a principal 
                organization, or a business.
            [(2) Low-performing school.--The term ``low-
        performing school'' means an elementary school or 
        secondary school that is identified under section 
        1116.]

[SEC. 2132. SUBGRANTS.

    [(a) In General.--The State agency for higher education for 
a State that receives a grant under section 2111, working in 
conjunction with the State educational agency (if such agencies 
are separate), shall use the funds reserved under section 
2113(a)(2) to make subgrants, on a competitive basis, to 
eligible partnerships to enable such partnerships to carry out 
the activities described in section 2134.
    [(b) Distribution.--The State agency for higher education 
shall ensure that--
            [(1) such subgrants are equitably distributed by 
        geographic area within a State; or
            [(2) eligible partnerships in all geographic areas 
        within the State are served through the subgrants.
    [(c) Special Rule.--No single participant in an eligible 
partnership may use more than 50 percent of the funds made 
available to the partnership under this section.]

[SEC. 2133. APPLICATIONS.

    [To be eligible to receive a subgrant under this subpart, 
an eligible partnership shall submit an application to the 
State agency for higher education at such time, in such manner, 
and containing such information as the agency may require.]

[SEC. 2134. USE OF FUNDS.

    [(a) In General.--An eligible partnership that receives a 
subgrant under section 2132 shall use the subgrant funds for--
            [(1) professional development activities in core 
        academic subjects to ensure that--
                    [(A) teachers and highly qualified 
                paraprofessionals, and, if appropriate, 
                principals have subject matter knowledge in the 
                academic subjects that the teachers teach, 
                including the use of computer related 
                technology to enhance student learning; and
                    [(B) principals have the instructional 
                leadership skills that will help such 
                principals work most effectively with teachers 
                to help students master core academic subjects; 
                and
            [(2) developing and providing assistance to local 
        educational agencies and individuals who are teachers, 
        highly qualified paraprofessionals, or principals of 
        schools served by such agencies, for sustained, high-
        quality professional development activities that--
                    [(A) ensure that the individuals are able 
                to use challenging State academic content 
                standards and student academic achievement 
                standards, and State assessments, to improve 
                instructional practices and improve student 
                academic achievement;
                    [(B) may include intensive programs 
                designed to prepare such individuals who will 
                return to a school to provide instruction 
                related to the professional development 
                described in subparagraph (A) to other such 
                individuals within such school; and
                    [(C) may include activities of partnerships 
                between one or more local educational agencies, 
                one or more schools served by such local 
                educational agencies, and one or more 
                institutions of higher education for the 
                purpose of improving teaching and learning at 
                low-performing schools.
    [(b) Coordination.--An eligible partnership that receives a 
subgrant to carry out this subpart and a grant under section 
203 of the Higher Education Act of 1965 shall coordinate the 
activities carried out under this subpart and the activities 
carried out under that section 203.]

                      [Subpart 4--Accountability]

[SEC. 2141. TECHNICAL ASSISTANCE AND ACCOUNTABILITY.

    [(a) Improvement Plan.--After the second year of the plan 
described in section 1119(a)(2), if a State educational agency 
determines, based on the reports described in section 
1119(b)(1), that a local educational agency in the State has 
failed to make progress toward meeting the annual measurable 
objectives described in section 1119(a)(2), for 2 consecutive 
years, such local educational agency shall develop an 
improvement plan that will enable the agency to meet such 
annual measurable objectives and that specifically addresses 
issues that prevented the agency from meeting such annual 
measurable objectives.
    [(b) Technical Assistance.--During the development of the 
improvement plan described in subsection (a) and throughout 
implementation of the plan, the State educational agency 
shall--
            [(1) provide technical assistance to the local 
        educational agency; and
            [(2) provide technical assistance, if applicable, 
        to schools served by the local educational agency that 
        need assistance to enable the local educational agency 
        to meet the annual measurable objectives described in 
        section 1119(a)(2).
    [(c) Accountability.--After the third year of the plan 
described in section 1119(a)(2), if the State educational 
agency determines, based on the reports described in section 
1119(b)(1), that the local educational agency has failed to 
make progress toward meeting the annual measurable objectives 
described in section 1119(a)(2), and has failed to make 
adequate yearly progress as described under section 
1111(b)(2)(B), for 3 consecutive years, the State educational 
agency shall enter into an agreement with such local 
educational agency on the use of that agency's funds under this 
part. As part of this agreement, the State educational agency--
            [(1) shall develop, in conjunction with the local 
        educational agency, teachers, and principals, 
        professional development strategies and activities, 
        based on scientifically based research, that the local 
        educational agency will use to meet the annual 
        measurable objectives described in section 1119(a)(2) 
        and require such agency to utilize such strategies and 
        activities; and
            [(2)(A) except as provided in subparagraphs (B) and 
        (C), shall prohibit the use of funds received under 
        part A of title I to fund any paraprofessional hired 
        after the date such determination is made;
            [(B) shall allow the use of such funds to fund a 
        paraprofessional hired after that date if the local 
        educational agency can demonstrate that the hiring is 
        to fill a vacancy created by the departure of another 
        paraprofessional funded under title I and such new 
        paraprofessional satisfies the requirements of section 
        1119(c); and
            [(C) may allow the use of such funds to fund a 
        paraprofessional hired after that date if the local 
        educational agency can demonstrate--
                    [(i) that a significant influx of 
                population has substantially increased student 
                enrollment; or
                    [(ii) that there is an increased need for 
                translators or assistance with parental 
                involvement activities.
    [(d) Special Rule.--During the development of the 
strategies and activities described in subsection (c)(1), the 
State educational agency shall, in conjunction with the local 
educational agency, provide from funds allocated to such local 
educational agency under subpart 2 directly to one or more 
schools served by such local educational agency, to enable 
teachers at the schools to choose, with continuing consultation 
with the principal involved, professional development 
activities that--
            [(1) meet the requirements for professional 
        development activities described in section 9101; and
            [(2) are coordinated with other reform efforts at 
        the schools.]

                    [Subpart 5--National Activities]

[SEC. 2151. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVENESS.

    [(a) National Teacher Recruitment Campaign.--The Secretary 
is authorized to establish and carry out a national teacher 
recruitment campaign, which may include activities carried out 
through the National Teacher Recruitment Clearinghouse, to 
assist high-need local educational agencies in recruiting 
teachers (particularly those activities that are effective in 
retaining new teachers) and training teachers and to conduct a 
national public service campaign concerning the resources for, 
and the routes to, entering the field of teaching. In carrying 
out the campaign, the Secretary may promote and link the 
activities of the campaign to the information and referral 
activities of the National Teacher Recruitment Clearinghouse. 
The Secretary shall coordinate activities under this subsection 
with State and regional recruitment activities.
    [(b) School Leadership.--
            [(1) In general.--The Secretary is authorized to 
        establish and carry out a national principal 
        recruitment program to assist high-need local 
        educational agencies in recruiting and training 
        principals (including assistant principals) through 
        such activities as--
                    [(A) providing financial incentives to 
                aspiring new principals;
                    [(B) providing stipends to principals who 
                mentor new principals;
                    [(C) carrying out professional development 
                programs in instructional leadership and 
                management; and
                    [(D) providing incentives that are 
                appropriate for teachers or individuals from 
                other fields who want to become principals and 
                that are effective in retaining new principals.
            [(2) Grants.--If the Secretary uses sums made 
        available under section 2103(b) to carry out paragraph 
        (1), the Secretary shall carry out such paragraph by 
        making grants, on a competitive basis, to--
                    [(A) high-need local educational agencies;
                    [(B) consortia of high-need local 
                educational agencies; and
                    [(C) partnerships of high-need local 
                educational agencies, nonprofit organizations, 
                and institutions of higher education.
    [(c) Advanced Certification or Advanced Credentialing.--
            [(1) In general.--The Secretary is authorized to 
        support activities to encourage and support teachers 
        seeking advanced certification or advanced 
        credentialing through high quality professional teacher 
        enhancement programs designed to improve teaching and 
        learning.
            [(2) Implementation.--In carrying out paragraph 
        (1), the Secretary shall make grants to eligible 
        entities to--
                    [(A) develop teacher standards that include 
                measures tied to increased student academic 
                achievement; and
                    [(B) promote outreach, teacher recruitment, 
                teacher subsidy, or teacher support programs, 
                related to teacher certification or 
                credentialing by the National Board for 
                Professional Teaching Standards, the National 
                Council on Teacher Quality, or other nationally 
                recognized certification or credentialing 
                organizations.
            [(3) Eligible entities.--In this subsection, the 
        term ``eligible entity'' includes--
                    [(A) a State educational agency;
                    [(B) a local educational agency;
                    [(C) the National Board for Professional 
                Teaching Standards, in partnership with a high-
                need local educational agency or a State 
                educational agency;
                    [(D) the National Council on Teacher 
                Quality, in partnership with a high-need local 
                educational agency or a State educational 
                agency; or
                    [(E) another recognized entity, including 
                another recognized certification or 
                credentialing organization, in partnership with 
                a high-need local educational agency or a State 
                educational agency.
    [(d) Special Education Teacher Training.--The Secretary is 
authorized to award a grant to the University of Northern 
Colorado to enable such university to provide, to other 
institutions of higher education, assistance in training 
special education teachers.
    [(e) Early Childhood Educator Professional Development.--
            [(1) Purpose.--The purpose of this subsection is to 
        enhance the school readiness of young children, 
        particularly disadvantaged young children, and to 
        prevent young children from encountering difficulties 
        once the children enter school, by improving the 
        knowledge and skills of early childhood educators who 
        work in communities that have high concentrations of 
        children living in poverty.
            [(2) Program authorized.--
                    [(A) Grants to partnerships.--The Secretary 
                is authorized to carry out the purpose of this 
                subsection by awarding grants, on a competitive 
                basis, to partnerships consisting of--
                            [(i)(I) one or more institutions of 
                        higher education that provide 
                        professional development for early 
                        childhood educators who work with 
                        children from low-income families in 
                        high-need communities; or
                            [(II) another public or private 
                        entity that provides such professional 
                        development;
                            [(ii) one or more public agencies 
                        (including local educational agencies, 
                        State educational agencies, State human 
                        services agencies, and State and local 
                        agencies administering programs under 
                        the Child Care and Development Block 
                        Grant Act of 1990 (42 U.S.C. 9858 et 
                        seq.), Head Start agencies, or private 
                        organizations; and
                            [(iii) to the extent feasible, an 
                        entity with demonstrated experience in 
                        providing training to educators in 
                        early childhood education programs 
                        concerning identifying and preventing 
                        behavior problems or working with 
                        children identified as or suspected to 
                        be victims of abuse.
                    [(B) Duration and number of grants.--
                            [(i) Duration.--The Secretary shall 
                        award grants under this subsection for 
                        periods of not more than 4 years.
                            [(ii) Number.--No partnership may 
                        receive more than one grant under this 
                        subsection.
            [(3) Applications.--
                    [(A) Applications required.--Any 
                partnership that desires to receive a grant 
                under this subsection shall submit an 
                application to the Secretary at such time, in 
                such manner, and containing such information as 
                the Secretary may require.
                    [(B) Contents.--Each such application shall 
                include--
                            [(i) a description of the high-need 
                        community to be served by the project 
                        proposed to be carried out through the 
                        grant, including such demographic and 
                        socioeconomic information as the 
                        Secretary may request;
                            [(ii) information on the quality of 
                        the early childhood educator 
                        professional development program 
                        currently conducted (as of the date of 
                        the submission of the application) by 
                        the institution of higher education or 
                        another provider in the partnership;
                            [(iii) the results of a needs 
                        assessment that the entities in the 
                        partnership have undertaken to 
                        determine the most critical 
                        professional development needs of the 
                        early childhood educators to be served 
                        by the partnership and in the broader 
                        community, and a description of how the 
                        proposed project will address those 
                        needs;
                            [(iv) a description of how the 
                        proposed project will be carried out, 
                        including a description of--
                                    [(I) how individuals will 
                                be selected to participate;
                                    [(II) the types of 
                                professional development 
                                activities, based on 
                                scientifically based research, 
                                that will be carried out;
                                    [(III) how research on 
                                effective professional 
                                development and on adult 
                                learning will be used to design 
                                and deliver project activities;
                                    [(IV) how the project will 
                                be coordinated with and build 
                                on, and will not supplant or 
                                duplicate, early childhood 
                                education professional 
                                development activities in the 
                                high-need community;
                                    [(V) how the project will 
                                train early childhood educators 
                                to provide developmentally 
                                appropriate school-readiness 
                                services that are based on the 
                                best available research on 
                                early childhood pedagogy and 
                                child development and learning 
                                domains;
                                    [(VI) how the project will 
                                train early childhood educators 
                                to meet the diverse educational 
                                needs of children in the 
                                community, including children 
                                who have limited English 
                                proficiency, children with 
                                disabilities, or children with 
                                other special needs; and
                                    [(VII) how the project will 
                                train early childhood educators 
                                in identifying and preventing 
                                behavioral problems in children 
                                or working with children 
                                identified as or suspected to 
                                be victims of abuse;
                            [(v) a description of--
                                    [(I) the specific 
                                objectives that the partnership 
                                will seek to attain through the 
                                project, and the methods that 
                                the partnership will use to 
                                measure progress toward 
                                attainment of those objectives; 
                                and
                                    [(II) how the objectives 
                                and the measurement methods 
                                align with the achievement 
                                indicators established by the 
                                Secretary under paragraph 
                                (6)(A);
                            [(vi) a description of the 
                        partnership's plan for continuing the 
                        activities carried out under the 
                        project after Federal funding ceases;
                            [(vii) an assurance that, where 
                        applicable, the project will provide 
                        appropriate professional development to 
                        volunteers working directly with young 
                        children, as well as to paid staff; and
                            [(viii) an assurance that, in 
                        developing the application and in 
                        carrying out the project, the 
                        partnership has consulted with, and 
                        will consult with, relevant agencies, 
                        early childhood educator organizations, 
                        and early childhood providers that are 
                        not members of the partnership.
            [(4) Selection of grant recipients.--
                    [(A) Criteria.--The Secretary shall select 
                partnerships to receive grants under this 
                subsection on the basis of the degree to which 
                the communities proposed to be served require 
                assistance and the quality of the applications 
                submitted under paragraph (3).
                    [(B) Geographic distribution.--In selecting 
                partnerships to receive grants under this 
                subsection, the Secretary shall seek to ensure 
                that communities in different regions of the 
                Nation, as well as both urban and rural 
                communities, are served.
            [(5) Uses of funds.--
                    [(A) In general.--Each partnership 
                receiving a grant under this subsection shall 
                use the grant funds to carry out activities 
                that will improve the knowledge and skills of 
                early childhood educators who are working in 
                early childhood programs that are located in 
                high-need communities and serve concentrations 
                of children from low-income families.
                    [(B) Allowable activities.--Such activities 
                may include--
                            [(i) professional development for 
                        early childhood educators, particularly 
                        to familiarize those educators with the 
                        application of recent research on 
                        child, language, and literacy 
                        development and on early childhood 
                        pedagogy;
                            [(ii) professional development for 
                        early childhood educators in working 
                        with parents, so that the educators and 
                        parents can work together to provide 
                        and support developmentally appropriate 
                        school-readiness services that are 
                        based on scientifically based research 
                        on early childhood pedagogy and child 
                        development and learning domains;
                            [(iii) professional development for 
                        early childhood educators to work with 
                        children who have limited English 
                        proficiency, children with 
                        disabilities, and children with other 
                        special needs;
                            [(iv) professional development to 
                        train early childhood educators in 
                        identifying and preventing behavioral 
                        problems in children or working with 
                        children identified as or suspected to 
                        be victims of abuse;
                            [(v) activities that assist and 
                        support early childhood educators 
                        during their first 3 years in the 
                        field;
                            [(vi) development and 
                        implementation of early childhood 
                        educator professional development 
                        programs that make use of distance 
                        learning and other technologies;
                            [(vii) professional development 
                        activities related to the selection and 
                        use of screening and diagnostic 
                        assessments to improve teaching and 
                        learning; and
                            [(viii) data collection, 
                        evaluation, and reporting needed to 
                        meet the requirements of paragraph (6) 
                        relating to accountability.
            [(6) Accountability.--
                    [(A) Achievement indicators.--On the date 
                on which the Secretary first issues a notice 
                soliciting applications for grants under this 
                subsection, the Secretary shall announce 
                achievement indicators for this subsection, 
                which shall be designed--
                            [(i) to measure the quality and 
                        accessibility of the professional 
                        development provided;
                            [(ii) to measure the impact of that 
                        professional development on the early 
                        childhood education provided by the 
                        individuals who receive the 
                        professional development; and
                            [(iii) to provide such other 
                        measures of program impact as the 
                        Secretary determines to be appropriate.
                    [(B) Annual reports; termination.--
                            [(i) Annual reports.--Each 
                        partnership receiving a grant under 
                        this subsection shall report annually 
                        to the Secretary on the partnership's 
                        progress toward attaining the 
                        achievement indicators.
                            [(ii) Termination.--The Secretary 
                        may terminate a grant under this 
                        subsection at any time if the Secretary 
                        determines that the partnership 
                        receiving the grant is not making 
                        satisfactory progress toward attaining 
                        the achievement indicators.
            [(7) Cost-sharing.--
                    [(A) In general.--Each partnership carrying 
                out a project through a grant awarded under 
                this subsection shall provide, from sources 
                other than the program carried out under this 
                subsection, which may include Federal sources--
                            [(i) at least 50 percent of the 
                        total cost of the project for the grant 
                        period; and
                            [(ii) at least 20 percent of the 
                        project cost for each year.
                    [(B) Acceptable contributions.--A 
                partnership may meet the requirements of 
                subparagraph (A) by providing contributions in 
                cash or in kind, fairly evaluated, including 
                plant, equipment, and services.
                    [(C) Waivers.--The Secretary may waive or 
                modify the requirements of subparagraph (A) for 
                partnerships in cases of demonstrated financial 
                hardship.
            [(8) Federal coordination.--The Secretary and the 
        Secretary of Health and Human Services shall coordinate 
        activities carried out through programs under this 
        subsection with activities carried out through other 
        early childhood programs administered by the Secretary 
        or the Secretary of Health and Human Services.
            [(9) Definitions.--In this subsection:
                    [(A) Early childhood educator.--The term 
                ``early childhood educator'' means a person 
                providing, or employed by a provider of, 
                nonresidential child care services (including 
                center-based, family-based, and in-home child 
                care services) that is legally operating under 
                State law, and that complies with applicable 
                State and local requirements for the provision 
                of child care services to children at any age 
                from birth through the age at which a child may 
                start kindergarten in that State.
                    [(B) High-need community.--
                            [(i) In general.--The term ``high-
                        need community'' means--
                                    [(I) a political 
                                subdivision of a State, or a 
                                portion of a political 
                                subdivision of a State, in 
                                which at least 50 percent of 
                                the children are from low-
                                income families; or
                                    [(II) a political 
                                subdivision of a State that is 
                                among the 10 percent of 
                                political subdivisions of the 
                                State having the greatest 
                                numbers of such children.
                            [(ii) Determination.--In 
                        determining which communities are 
                        described in clause (i), the Secretary 
                        shall use such data as the Secretary 
                        determines are most accurate and 
                        appropriate.
                    [(C) Low-income family.--The term ``low-
                income family'' means a family with an income 
                below the poverty line for the most recent 
                fiscal year for which satisfactory data are 
                available.
    [(f) Teacher Mobility.--
            [(1) Establishment.--The Secretary is authorized to 
        establish a panel to be known as the National Panel on 
        Teacher Mobility (referred to in this subsection as the 
        ``panel'').
            [(2) Membership.--The panel shall be composed of 12 
        members appointed by the Secretary. The Secretary shall 
        appoint the members from among practitioners and 
        experts with experience relating to teacher mobility, 
        such as teachers, members of teacher certification or 
        licensing bodies, faculty of institutions of higher 
        education that prepare teachers, and State policymakers 
        with such experience.
            [(3) Period of appointment; vacancies.--Members 
        shall be appointed for the life of the panel. Any 
        vacancy in the panel shall not affect the powers of the 
        panel, but shall be filled in the same manner as the 
        original appointment.
            [(4) Duties.--
                    [(A) Study.--
                            [(i) In general.--The panel shall 
                        study strategies for increasing 
                        mobility and employment opportunities 
                        for highly qualified teachers, 
                        especially for States with teacher 
                        shortages and States with school 
                        districts or schools that are difficult 
                        to staff.
                            [(ii) Data and analysis.--As part 
                        of the study, the panel shall evaluate 
                        the desirability and feasibility of 
                        State initiatives that support teacher 
                        mobility by collecting data and 
                        conducting effective analysis 
                        concerning--
                                    [(I) teacher supply and 
                                demand;
                                    [(II) the development of 
                                recruitment and hiring 
                                strategies that support 
                                teachers; and
                                    [(III) increasing 
                                reciprocity of certification 
                                and licensing across States.
                    [(B) Report.--Not later than 1 year after 
                the date on which all members of the panel have 
                been appointed, the panel shall submit to the 
                Secretary and to the appropriate committees of 
                Congress a report containing the results of the 
                study.
            [(5) Powers.--
                    [(A) Hearings.--The panel may hold such 
                hearings, sit and act at such times and places, 
                take such testimony, and receive such evidence 
                as the panel considers advisable to carry out 
                the objectives of this subsection.
                    [(B) Information from federal agencies.--
                The panel may secure directly from any Federal 
                department or agency such information as the 
                panel considers necessary to carry out the 
                provisions of this subsection. Upon request of 
                a majority of the members of the panel, the 
                head of such department or agency shall furnish 
                such information to the panel.
                    [(C) Postal services.--The panel may use 
                the United States mails in the same manner and 
                under the same conditions as other departments 
                and agencies of the Federal Government.
            [(6) Personnel.--
                    [(A) Travel expenses.--The members of the 
                panel shall not receive compensation for the 
                performance of services for the panel, but 
                shall be allowed travel expenses, including per 
                diem in lieu of subsistence, at rates 
                authorized for employees of agencies under 
                subchapter I of chapter 57 of title 5, United 
                States Code, while away from their homes or 
                regular places of business in the performance 
                of services for the panel. Notwithstanding 
                section 1342 of title 31, United States Code, 
                the Secretary may accept the voluntary and 
                uncompensated services of members of the panel.
                    [(B) Detail of government employees.--Any 
                Federal Government employee may be detailed to 
                the panel without reimbursement, and such 
                detail shall be without interruption or loss of 
                civil service status or privilege.
            [(7) Permanent committee.--Section 14 of the 
        Federal Advisory Committee Act (5 U.S.C. App.) shall 
        not apply to the panel.]

             [PART B--MATHEMATICS AND SCIENCE PARTNERSHIPS]

[SEC. 2201. PURPOSE; DEFINITIONS.

    [(a) Purpose.--The purpose of this part is to improve the 
academic achievement of students in the areas of mathematics 
and science by encouraging State educational agencies, 
institutions of higher education, local educational agencies, 
elementary schools, and secondary schools to participate in 
programs that--
            [(1) improve and upgrade the status and stature of 
        mathematics and science teaching by encouraging 
        institutions of higher education to assume greater 
        responsibility for improving mathematics and science 
        teacher education through the establishment of a 
        comprehensive, integrated system of recruiting, 
        training, and advising mathematics and science 
        teachers;
            [(2) focus on the education of mathematics and 
        science teachers as a career-long process that 
        continuously stimulates teachers' intellectual growth 
        and upgrades teachers' knowledge and skills;
            [(3) bring mathematics and science teachers in 
        elementary schools and secondary schools together with 
        scientists, mathematicians, and engineers to increase 
        the subject matter knowledge of mathematics and science 
        teachers and improve such teachers' teaching skills 
        through the use of sophisticated laboratory equipment 
        and work space, computing facilities, libraries, and 
        other resources that institutions of higher education 
        are better able to provide than the elementary schools 
        and secondary schools;
            [(4) develop more rigorous mathematics and science 
        curricula that are aligned with challenging State and 
        local academic content standards and with the standards 
        expected for postsecondary study in engineering, 
        mathematics, and science; and
            [(5) improve and expand training of mathematics and 
        science teachers, including training such teachers in 
        the effective integration of technology into curricula 
        and instruction.
    [(b) Definitions.--In this part:
            [(1) Eligible partnership.--The term ``eligible 
        partnership'' means a partnership that--
                    [(A) shall include--
                            [(i) if grants are awarded under 
                        section 2202(a)(1), a State educational 
                        agency;
                            [(ii) an engineering, mathematics, 
                        or science department of an institution 
                        of higher education; and
                            [(iii) a high-need local 
                        educational agency; and
                    [(B) may include--
                            [(i) another engineering, 
                        mathematics, science, or teacher 
                        training department of an institution 
                        of higher education;
                            [(ii) additional local educational 
                        agencies, public charter schools, 
                        public or private elementary schools or 
                        secondary schools, or a consortium of 
                        such schools;
                            [(iii) a business; or
                            [(iv) a nonprofit or for-profit 
                        organization of demonstrated 
                        effectiveness in improving the quality 
                        of mathematics and science teachers.
            [(2) Summer workshop or institute.--The term 
        ``summer workshop or institute'' means a workshop or 
        institute, conducted during the summer, that--
                    [(A) is conducted for a period of not less 
                than 2 weeks;
                    [(B) includes, as a component, a program 
                that provides direct interaction between 
                students and faculty; and
                    [(C) provides for followup training during 
                the academic year that is conducted in the 
                classroom for a period of not less than three 
                consecutive or nonconsecutive days, except 
                that--
                            [(i) if the workshop or institute 
                        is conducted during a 2-week period, 
                        the followup training shall be 
                        conducted for a period of not less than 
                        4 days; and
                            [(ii) if the followup training is 
                        for teachers in rural school districts, 
                        the followup training may be conducted 
                        through distance learning.]

[SEC. 2202. GRANTS FOR MATHEMATICS AND SCIENCE PARTNERSHIPS.

    [(a) Grants Authorized.--
            [(1) Grants to partnerships.--For any fiscal year 
        for which the funds appropriated under section 2203 are 
        less than $100,000,000, the Secretary is authorized to 
        award grants, on a competitive basis, to eligible 
        partnerships to carry out the authorized activities 
        described in subsection (c).
            [(2) Grants to state educational agencies.--
                    [(A) In general.--For any fiscal year for 
                which the funds appropriated under section 2203 
                equal or exceed $100,000,000--
                            [(i) if an eligible partnership in 
                        the State was previously awarded a 
                        grant under paragraph (1), and the 
                        grant period has not ended, the 
                        Secretary shall reserve funds in a 
                        sufficient amount to make payments to 
                        the partnership in accordance with the 
                        terms of the grant; and
                            [(ii) the Secretary is authorized 
                        to award grants to State educational 
                        agencies to enable such agencies to 
                        award subgrants, on a competitive 
                        basis, to eligible partnerships to 
                        carry out the authorized activities 
                        described in subsection (c).
                    [(B) Allotment.--The Secretary shall allot 
                the amount made available under this part for a 
                fiscal year and not reserved under subparagraph 
                (A)(i) among the State educational agencies in 
                proportion to the number of children, aged 5 to 
                17, who are from families with incomes below 
                the poverty line and reside in a State for the 
                most recent fiscal year for which satisfactory 
                data are available, as compared to the number 
                of such children who reside in all such States 
                for such year.
                    [(C) Minimum allotment.--The amount of any 
                State educational agency's allotment under 
                subparagraph (B) for any fiscal year may not be 
                less than one-half of 1 percent of the amount 
                made available under this part for such year.
            [(3) Duration.--The Secretary shall award grants 
        under this part for a period of 3 years.
            [(4) Supplement, not supplant.--Funds received 
        under this part shall be used to supplement, and not 
        supplant, funds that would otherwise be used for 
        activities authorized under this part.
    [(b) Application Requirements.--
            [(1) In general.--Each eligible partnership 
        desiring a grant or subgrant under this part shall 
        submit an application--
                    [(A) in the case of grants awarded pursuant 
                to subsection (a)(1), to the Secretary, at such 
                time, in such manner, and accompanied by such 
                information as the Secretary may require; or
                    [(B) in the case of subgrants awarded 
                pursuant to subsection (a)(2), to the State 
                educational agency, at such time, in such 
                manner, and accompanied by such information as 
                the State educational agency may require.
            [(2) Contents.--Each application submitted pursuant 
        to paragraph (1) shall include--
                    [(A) the results of a comprehensive 
                assessment of the teacher quality and 
                professional development needs of any schools, 
                local educational agencies, and State 
                educational agencies that comprise the eligible 
                partnership with respect to the teaching and 
                learning of mathematics and science;
                    [(B) a description of how the activities to 
                be carried out by the eligible partnership will 
                be aligned with challenging State academic 
                content and student academic achievement 
                standards in mathematics and science and with 
                other educational reform activities that 
                promote student academic achievement in 
                mathematics and science;
                    [(C) a description of how the activities to 
                be carried out by the eligible partnership will 
                be based on a review of scientifically based 
                research, and an explanation of how the 
                activities are expected to improve student 
                academic achievement and strengthen the quality 
                of mathematics and science instruction;
                    [(D) a description of--
                            [(i) how the eligible partnership 
                        will carry out the authorized 
                        activities described in subsection (c); 
                        and
                            [(ii) the eligible partnership's 
                        evaluation and accountability plan 
                        described in subsection (e); and
                    [(E) a description of how the eligible 
                partnership will continue the activities funded 
                under this part after the original grant or 
                subgrant period has expired.
    [(c) Authorized Activities.--An eligible partnership shall 
use funds provided under this part for one or more of the 
following activities related to elementary schools or secondary 
schools:
            [(1) Creating opportunities for enhanced and 
        ongoing professional development of mathematics and 
        science teachers that improves the subject matter 
        knowledge of such teachers.
            [(2) Promoting strong teaching skills for 
        mathematics and science teachers and teacher educators, 
        including integrating reliable scientifically based 
        research teaching methods and technology-based teaching 
        methods into the curriculum.
            [(3) Establishing and operating mathematics and 
        science summer workshops or institutes, including 
        followup training, for elementary school and secondary 
        school mathematics and science teachers that--
                    [(A) shall--
                            [(i) directly relate to the 
                        curriculum and academic areas in which 
                        the teacher provides instruction, and 
                        focus only secondarily on pedagogy;
                            [(ii) enhance the ability of the 
                        teacher to understand and use the 
                        challenging State academic content 
                        standards for mathematics and science 
                        and to select appropriate curricula; 
                        and
                            [(iii) train teachers to use 
                        curricula that are--
                                    [(I) based on scientific 
                                research;
                                    [(II) aligned with 
                                challenging State academic 
                                content standards; and
                                    [(III) object-centered, 
                                experiment-oriented, and 
                                concept- and content-based; and
                    [(B) may include--
                            [(i) programs that provide teachers 
                        and prospective teachers with 
                        opportunities to work under the 
                        guidance of experienced teachers and 
                        college faculty;
                            [(ii) instruction in the use of 
                        data and assessments to inform and 
                        instruct classroom practice; and
                            [(iii) professional development 
                        activities, including supplemental and 
                        followup activities, such as curriculum 
                        alignment, distance learning, and 
                        activities that train teachers to 
                        utilize technology in the classroom.
            [(4) Recruiting mathematics, engineering, and 
        science majors to teaching through the use of--
                    [(A) signing and performance incentives 
                that are linked to activities proven effective 
                in retaining teachers, for individuals with 
                demonstrated professional experience in 
                mathematics, engineering, or science;
                    [(B) stipends provided to mathematics and 
                science teachers for certification through 
                alternative routes;
                    [(C) scholarships for teachers to pursue 
                advanced course work in mathematics, 
                engineering, or science; and
                    [(D) other programs that the State 
                educational agency determines to be effective 
                in recruiting and retaining individuals with 
                strong mathematics, engineering, or science 
                backgrounds.
            [(5) Developing or redesigning more rigorous 
        mathematics and science curricula that are aligned with 
        challenging State and local academic content standards 
        and with the standards expected for postsecondary study 
        in mathematics and science.
            [(6) Establishing distance learning programs for 
        mathematics and science teachers using curricula that 
        are innovative, content-based, and based on 
        scientifically based research that is current as of the 
        date of the program involved.
            [(7) Designing programs to prepare a mathematics or 
        science teacher at a school to provide professional 
        development to other mathematics or science teachers at 
        the school and to assist beginning and other teachers 
        at the school, including (if applicable) a mechanism to 
        integrate the teacher's experiences from a summer 
        workshop or institute into the provision of 
        professional development and assistance.
            [(8) Establishing and operating programs to bring 
        mathematics and science teachers into contact with 
        working scientists, mathematicians, and engineers, to 
        expand such teachers' subject matter knowledge of and 
        research in science and mathematics.
            [(9) Designing programs to identify and develop 
        exemplary mathematics and science teachers in the 
        kindergarten through grade 8 classrooms.
            [(10) Training mathematics and science teachers and 
        developing programs to encourage young women and other 
        underrepresented individuals in mathematics and science 
        careers (including engineering and technology) to 
        pursue postsecondary degrees in majors leading to such 
        careers.
    [(d) Coordination and Consultation.--
            [(1) Partnership grants.--An eligible partnership 
        receiving a grant under section 203 of the Higher 
        Education Act of 1965 shall coordinate the use of such 
        funds with any related activities carried out by such 
        partnership with funds made available under this part.
            [(2) National science foundation.--In carrying out 
        the activities authorized by this part, the Secretary 
        shall consult and coordinate with the Director of the 
        National Science Foundation, particularly with respect 
        to the appropriate roles for the Department and the 
        Foundation in the conduct of summer workshops, 
        institutes, or partnerships to improve mathematics and 
        science teaching in elementary schools and secondary 
        schools.
    [(e) Evaluation and Accountability Plan.--
            [(1) In general.--Each eligible partnership 
        receiving a grant or subgrant under this part shall 
        develop an evaluation and accountability plan for 
        activities assisted under this part that includes 
        rigorous objectives that measure the impact of 
        activities funded under this part.
            [(2) Contents.--The plan developed pursuant to 
        paragraph (1)--
                    [(A) shall include measurable objectives to 
                increase the number of mathematics and science 
                teachers who participate in content-based 
                professional development activities;
                    [(B) shall include measurable objectives 
                for improved student academic achievement on 
                State mathematics and science assessments or, 
                where applicable, an International Mathematics 
                and Science Study assessment; and
                    [(C) may include objectives and measures 
                for--
                            [(i) increased participation by 
                        students in advanced courses in 
                        mathematics and science;
                            [(ii) increased percentages of 
                        elementary school teachers with 
                        academic majors or minors, or group 
                        majors or minors, in mathematics, 
                        engineering, or the sciences; and
                            [(iii) increased percentages of 
                        secondary school classes in mathematics 
                        and science taught by teachers with 
                        academic majors in mathematics, 
                        engineering, and science.
    [(f) Report.--Each eligible partnership receiving a grant 
or subgrant under this part shall report annually to the 
Secretary regarding the eligible partnership's progress in 
meeting the objectives described in the accountability plan of 
the partnership under subsection (e).]

[SEC. 2203. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated to carry out this 
part $450,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years.]

                [PART C--INNOVATION FOR TEACHER QUALITY]

                  [Subpart 1--Transitions to Teaching]

              [CHAPTER B--TRANSITION TO TEACHING PROGRAM]

[SEC. 2311. PURPOSES.

     [The purposes of this chapter are--
            [(1) to establish a program to recruit and retain 
        highly qualified mid-career professionals (including 
        highly qualified paraprofessionals), and recent 
        graduates of an institution of higher education, as 
        teachers in high-need schools, including recruiting 
        teachers through alternative routes to certification; 
        and
            [(2) to encourage the development and expansion of 
        alternative routes to certification under State-
        approved programs that enable individuals to be 
        eligible for teacher certification within a reduced 
        period of time, relying on the experience, expertise, 
        and academic qualifications of an individual, or other 
        factors in lieu of traditional course work in the field 
        of education.]

[SEC. 2312. DEFINITIONS.

     [In this chapter:
            [(1) Eligible participant.--The term ``eligible 
        participant'' means--
                    [(A) an individual with substantial, 
                demonstrable career experience, including a 
                highly qualified paraprofessional; or
                    [(B) an individual who is a graduate of an 
                institution of higher education who--
                            [(i) has graduated not more than 3 
                        years before applying to an eligible 
                        entity to teach under this chapter; and
                            [(ii) in the case of an individual 
                        wishing to teach in a secondary school, 
                        has completed an academic major (or 
                        courses totaling an equivalent number 
                        of credit hours) in the academic 
                        subject that the individual will teach.
            [(2) High-need local educational agency.--The term 
        ``high-need local educational agency'' has the meaning 
        given the term in section 2102.
            [(3) High-need school.--The term ``high-need 
        school'' means a school that--
                    [(A) is located in an area in which the 
                percentage of students from families with 
                incomes below the poverty line is 30 percent or 
                more; or
                    [(B)(i) is located in an area with a high 
                percentage of out-of-field teachers, as defined 
                in section 2102;
                    [(ii) is within the top quartile of 
                elementary schools and secondary schools 
                statewide, as ranked by the number of unfilled, 
                available teacher positions at the schools;
                    [(iii) is located in an area in which there 
                is a high teacher turnover rate; or
                    [(iv) is located in an area in which there 
                is a high percentage of teachers who are not 
                certified or licensed.]

[SEC. 2313. GRANT PROGRAM.

    [(a) In General.--The Secretary may establish a program to 
make grants on a competitive basis to eligible entities to 
develop State and local teacher corps or other programs to 
establish, expand, or enhance teacher recruitment and retention 
efforts.
    [(b) Eligible Entity.--To be eligible to receive a grant 
under this section, an entity shall be--
            [(1) a State educational agency;
            [(2) a high-need local educational agency;
            [(3) a for-profit or nonprofit organization that 
        has a proven record of effectively recruiting and 
        retaining highly qualified teachers, in a partnership 
        with a high-need local educational agency or with a 
        State educational agency;
            [(4) an institution of higher education, in a 
        partnership with a high-need local educational agency 
        or with a State educational agency;
            [(5) a regional consortium of State educational 
        agencies; or
            [(6) a consortium of high-need local educational 
        agencies.
    [(c) Priority.--In making such a grant, the Secretary shall 
give priority to a partnership or consortium that includes a 
high-need State educational agency or local educational agency.
    [(d) Application.--
            [(1) In general.--To be eligible to receive a grant 
        under this section, an entity described in subsection 
        (b) shall submit an application to the Secretary at 
        such time, in such manner, and containing such 
        information as the Secretary may require.
            [(2) Contents.--The application shall describe--
                    [(A) one or more target recruitment groups 
                on which the applicant will focus its 
                recruitment efforts;
                    [(B) the characteristics of each such 
                target group that--
                            [(i) show the knowledge and 
                        experience of the group's members; and
                            [(ii) demonstrate that the members 
                        are eligible to achieve the objectives 
                        of this section;
                    [(C) describe how the applicant will use 
                funds received under this section to develop a 
                teacher corps or other program to recruit and 
                retain highly qualified midcareer professionals 
                (which may include highly qualified 
                paraprofessionals), recent college graduates, 
                and recent graduate school graduates, as highly 
                qualified teachers in high-need schools 
                operated by high-need local educational 
                agencies;
                    [(D) explain how the program carried out 
                under the grant will meet the relevant State 
                laws (including regulations) related to teacher 
                certification or licensing and facilitate the 
                certification or licensing of such teachers;
                    [(E) describe how the grant will increase 
                the number of highly qualified teachers, in 
                high-need schools operated by high-need local 
                educational agencies (in urban or rural school 
                districts), and in high-need academic subjects, 
                in the jurisdiction served by the applicant; 
                and
                    [(F) describe how the applicant will 
                collaborate, as needed, with other 
                institutions, agencies, or organizations to 
                recruit (particularly through activities that 
                have proven effective in retaining highly 
                qualified teachers), train, place, support, and 
                provide teacher induction programs to program 
                participants under this chapter, including 
                providing evidence of the commitment of the 
                institutions, agencies, or organizations to the 
                applicant's programs.
    [(e) Duration of Grants.--The Secretary may make grants 
under this section for periods of 5 years. At the end of the 5-
year period for such a grant, the grant recipient may apply for 
an additional grant under this section.
    [(f) Equitable Distribution.--To the extent practicable, 
the Secretary shall ensure an equitable geographic distribution 
of grants under this section among the regions of the United 
States.
    [(g) Uses of Funds.--
            [(1) In general.--An entity that receives a grant 
        under this section shall use the funds made available 
        through the grant to develop a teacher corps or other 
        program in order to establish, expand, or enhance a 
        teacher recruitment and retention program for highly 
        qualified mid-career professionals (including highly 
        qualified paraprofessionals), and recent graduates of 
        an institution of higher education, who are eligible 
        participants, including activities that provide 
        alternative routes to teacher certification.
            [(2) Authorized activities.--The entity shall use 
        the funds to carry out a program that includes two or 
        more of the following activities:
                    [(A) Providing scholarships, stipends, 
                bonuses, and other financial incentives, that 
                are linked to participation in activities that 
                have proven effective in retaining teachers in 
                high-need schools operated by high-need local 
                educational agencies, to all eligible 
                participants, in an amount not to exceed $5,000 
                per participant.
                    [(B) Carrying out pre- and post-placement 
                induction or support activities that have 
                proven effective in recruiting and retaining 
                teachers, such as--
                            [(i) teacher mentoring;
                            [(ii) providing internships;
                            [(iii) providing high-quality, 
                        preservice coursework; and
                            [(iv) providing high-quality, 
                        sustained inservice professional 
                        development.
                    [(C) Carrying out placement and ongoing 
                activities to ensure that teachers are placed 
                in fields in which the teachers are highly 
                qualified to teach and are placed in high-need 
                schools.
                    [(D) Making payments to pay for costs 
                associated with accepting teachers recruited 
                under this section from among eligible 
                participants or provide financial incentives to 
                prospective teachers who are eligible 
                participants.
                    [(E) Collaborating with institutions of 
                higher education in developing and implementing 
                programs to facilitate teacher recruitment 
                (including teacher credentialing) and teacher 
                retention programs.
                    [(F) Carrying out other programs, projects, 
                and activities that are designed and have 
                proven to be effective in recruiting and 
                retaining teachers, and that the Secretary 
                determines to be appropriate.
                    [(G) Developing long-term recruitment and 
                retention strategies including developing--
                            [(i) a statewide or regionwide 
                        clearinghouse for the recruitment and 
                        placement of teachers;
                            [(ii) administrative structures to 
                        develop and implement programs to 
                        provide alternative routes to 
                        certification;
                            [(iii) reciprocity agreements 
                        between or among States for the 
                        certification or licensing of teachers; 
                        or
                            [(iv) other long-term teacher 
                        recruitment and retention strategies.
            [(3) Effective programs.--The entity shall use the 
        funds only for programs that have proven to be 
        effective in both recruiting and retaining teachers.
    [(h) Requirements.--
            [(1) Targeting.--An entity that receives a grant 
        under this section to carry out a program shall ensure 
        that participants in the program recruited with funds 
        made available under this section are placed in high-
        need schools operated by high-need local educational 
        agencies. In placing the participants in the schools, 
        the entity shall give priority to the schools that are 
        located in areas with the highest percentages of 
        students from families with incomes below the poverty 
        line.
            [(2) Supplement, not supplant.--Funds made 
        available under this section shall be used to 
        supplement, and not supplant, State and local public 
        funds expended for teacher recruitment and retention 
        programs, including programs to recruit the teachers 
        through alternative routes to certification.
            [(3) Partnerships and consortia of local 
        educational agencies.--In the case of a partnership 
        established by a local educational agency to carry out 
        a program under this chapter, or a consortium of such 
        agencies established to carry out a program under this 
        chapter, the local educational agency or consortium 
        shall not be eligible to receive funds through a State 
        program under this chapter.
    [(i) Period of Service.--A program participant in a program 
under this chapter who receives training through the program 
shall serve a high-need school operated by a high-need local 
educational agency for at least 3 years.
    [(j) Repayment.--The Secretary shall establish such 
requirements as the Secretary determines to be appropriate to 
ensure that program participants who receive a stipend or other 
financial incentive under subsection (g)(2)(A), but fail to 
complete their service obligation under subsection (i), repay 
all or a portion of such stipend or other incentive.
    [(k) Administrative Funds.--No entity that receives a grant 
under this section shall use more than 5 percent of the funds 
made available through the grant for the administration of a 
program under this chapter carried out under the grant.]

[SEC. 2314. EVALUATION AND ACCOUNTABILITY FOR RECRUITING AND RETAINING 
                    TEACHERS.

    [(a) Evaluation.--Each entity that receives a grant under 
this chapter shall conduct--
            [(1) an interim evaluation of the program funded 
        under the grant at the end of the third year of the 
        grant period; and
            [(2) a final evaluation of the program at the end 
        of the fifth year of the grant period.
    [(b) Contents.--In conducting the evaluation, the entity 
shall describe the extent to which local educational agencies 
that received funds through the grant have met the goals 
relating to teacher recruitment and retention described in the 
application.
    [(c) Reports.--The entity shall prepare and submit to the 
Secretary and to Congress interim and final reports containing 
the results of the interim and final evaluations, respectively.
    [(d) Revocation.--If the Secretary determines that the 
recipient of a grant under this chapter has not made 
substantial progress in meeting such goals and the objectives 
of the grant by the end of the third year of the grant period, 
the Secretary--
            [(1) shall revoke the payment made for the fourth 
        year of the grant period; and
            [(2) shall not make a payment for the fifth year of 
        the grant period.]

                    [CHAPTER C--GENERAL PROVISIONS]

[SEC. 2321. AUTHORIZATION OF APPROPRIATIONS.

    [(a) In General.--There are authorized to be appropriated 
to carry out this subpart $150,000,000 for fiscal year 2002 and 
such sums as may be necessary for each of the 5 succeeding 
fiscal years.
    [(b) Reservation.--From the funds appropriated to carry out 
this subpart for fiscal year 2002, the Secretary shall reserve 
not more than $30,000,000 to carry out chapter A.]

                 [Subpart 2--National Writing Project]

[SEC. 2331. PURPOSES.

     [The purposes of this subpart are--
            [(1) to support and promote the expansion of the 
        National Writing Project network of sites so that 
        teachers in every region of the United States will have 
        access to a National Writing Project program;
            [(2) to ensure the consistent high quality of the 
        sites through ongoing review, evaluation, and technical 
        assistance;
            [(3) to support and promote the establishment of 
        programs to disseminate effective practices and 
        research findings about the teaching of writing; and
            [(4) to coordinate activities assisted under this 
        subpart with activities assisted under this Act.

[SEC. 2332. NATIONAL WRITING PROJECT.

    [(a) Authorization.--The Secretary is authorized to award a 
grant to the National Writing Project, a nonprofit educational 
organization that has as its primary purpose the improvement of 
the quality of student writing and learning (hereafter in this 
section referred to as the ``grantee'') to improve the teaching 
of writing and the use of writing as a part of the learning 
process in our Nation's classrooms.
    [(b) Requirements of Grant.--The grant shall provide that--
            [(1) the grantee will enter into contracts with 
        institutions of higher education or other nonprofit 
        educational providers (hereafter in this section 
        referred to as ``contractors'') under which the 
        contractors will agree to establish, operate, and 
        provide the non-Federal share of the cost of teacher 
        training programs in effective approaches and processes 
        for the teaching of writing;
            [(2) funds made available by the Secretary to the 
        grantee pursuant to any contract entered into under 
        this section will be used to pay the Federal share of 
        the cost of establishing and operating teacher training 
        programs as provided in paragraph (1); and
            [(3) the grantee will meet such other conditions 
        and standards as the Secretary determines to be 
        necessary to assure compliance with the provisions of 
        this section and will provide such technical assistance 
        as may be necessary to carry out the provisions of this 
        section.
    [(c) Teacher Training Programs.--The teacher training 
programs authorized in subsection (a) shall--
            [(1) be conducted during the school year and during 
        the summer months;
            [(2) train teachers who teach grades kindergarten 
        through college;
            [(3) select teachers to become members of a 
        National Writing Project teacher network whose members 
        will conduct writing workshops for other teachers in 
        the area served by each National Writing Project site; 
        and
            [(4) encourage teachers from all disciplines to 
        participate in such teacher training programs.
    [(d) Federal Share.--
            [(1) In general.--Except as provided in paragraph 
        (2) or (3) and for purposes of subsection (a), the term 
        ``Federal share'' means, with respect to the costs of 
        teacher training programs authorized in subsection (a), 
        50 percent of such costs to the contractor.
            [(2) Waiver.--The Secretary may waive the 
        provisions of paragraph (1) on a case-by-case basis if 
        the National Advisory Board described in subsection (e) 
        determines, on the basis of financial need, that such 
        waiver is necessary.
            [(3) Maximum.--The Federal share of the costs of 
        teacher training programs conducted pursuant to 
        subsection (a) may not exceed $100,000 for any one 
        contractor, or $200,000 for a statewide program 
        administered by any one contractor in at least five 
        sites throughout the State.
    [(e) National Advisory Board.--
            [(1) Establishment.--The National Writing Project 
        shall establish and operate a National Advisory Board.
            [(2) Composition.--The National Advisory Board 
        established pursuant to paragraph (1) shall consist 
        of--
                    [(A) national educational leaders;
                    [(B) leaders in the field of writing; and
                    [(C) such other individuals as the National 
                Writing Project determines necessary.
            [(3) Duties.--The National Advisory Board 
        established pursuant to paragraph (1) shall--
                    [(A) advise the National Writing Project on 
                national issues related to student writing and 
                the teaching of writing;
                    [(B) review the activities and programs of 
                the National Writing Project; and
                    [(C) support the continued development of 
                the National Writing Project.
    [(f) Evaluation.--
            [(1) In general.--The Secretary shall conduct an 
        independent evaluation by grant or contract of the 
        teacher training programs administered pursuant to this 
        subpart. Such evaluation shall specify the amount of 
        funds expended by the National Writing Project and each 
        contractor receiving assistance under this section for 
        administrative costs. The results of such evaluation 
        shall be made available to the appropriate committees 
        of Congress.
            [(2) Funding limitation.--The Secretary shall 
        reserve not more than $150,000 from the total amount 
        appropriated pursuant to the authority of subsection 
        (h) for fiscal year 2002 and each of the 5 succeeding 
        fiscal years to conduct the evaluation described in 
        paragraph (1).
    [(g) Application Review.--
            [(1) Review board.--The National Writing Project 
        shall establish and operate a National Review Board 
        that shall consist of--
                    [(A) leaders in the field of research in 
                writing; and
                    [(B) such other individuals as the National 
                Writing Project deems necessary.
            [(2) Duties.--The National Review Board shall--
                    [(A) review all applications for assistance 
                under this subsection; and
                    [(B) recommend applications for assistance 
                under this subsection for funding by the 
                National Writing Project.
    [(h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this subpart $15,000,000 as may 
be necessary for fiscal year 2002 and each of the 5 succeeding 
fiscal years.]

                      [Subpart 3--Civic Education]

[SEC. 2341. SHORT TITLE.

    [This subpart may be cited as the ``Education for Democracy 
Act''.]

[SEC. 2342. PURPOSE.

     [It is the purpose of this subpart--
            [(1) to improve the quality of civics and 
        government education by educating students about the 
        history and principles of the Constitution of the 
        United States, including the Bill of Rights;
            [(2) to foster civic competence and responsibility; 
        and
            [(3) to improve the quality of civic education and 
        economic education through cooperative civic education 
        and economic education exchange programs with emerging 
        democracies.]

[SEC. 2343. GENERAL AUTHORITY.

    [(a) Authority.--The Secretary is authorized to award 
grants to, or enter into contracts with--
            [(1) the Center for Civic Education, to carry out 
        civic education activities under sections 2344 and 
        2345;
            [(2) the National Council on Economic Education, to 
        carry out economic education activities under section 
        2345; and
            [(3) organizations experienced in the development 
        of curricula and programs in civics and government 
        education and economic education for students in 
        elementary schools and secondary schools in countries 
        other than the United States, to carry out civic 
        education activities under section 2345.
    [(b) Distribution for Cooperative Civic Education and 
Economic Education Exchange Programs.--
            [(1) Limitation.--Not more than 40 percent of the 
        amount appropriated under section 2346 for a fiscal 
        year shall be used to carry out section 2345.
            [(2) Distribution.--Of the amount used to carry out 
        section 2345 for a fiscal year (consistent with 
        paragraph (1)), the Secretary shall use--
                    [(A) 37.5 percent for a grant or contract 
                for the Center for Civic Education;
                    [(B) 37.5 percent for a grant or contract 
                for the National Council on Economic Education; 
                and
                    [(C) 25 percent for not less than 1, but 
                not more than 3, grants or contracts for 
                organizations described in subsection (a)(3).]

[SEC. 2344. WE THE PEOPLE PROGRAM.

    [(a) The Citizen and the Constitution.--
            [(1) Educational activities.--The Center for Civic 
        Education--
                    [(A) shall use funds made available under 
                grants or contracts under section 2343(a)(1)--
                            [(i) to continue and expand the 
                        educational activities of the program 
                        entitled the ``We the People... The 
                        Citizen and the Constitution'' program 
                        administered by such center;
                            [(ii) to carry out activities to 
                        enhance student attainment of 
                        challenging academic content standards 
                        in civics and government;
                            [(iii) to provide a course of 
                        instruction on the basic principles of 
                        the Nation's constitutional democracy 
                        and the history of the Constitution of 
                        the United States, including the Bill 
                        of Rights;
                            [(iv) to provide, at the request of 
                        a participating school, school and 
                        community simulated congressional 
                        hearings following the course of 
                        instruction described in clause (iii); 
                        and
                            [(v) to provide an annual national 
                        competition of simulated congressional 
                        hearings for secondary school students 
                        who wish to participate in such a 
                        program; and
                    [(B) may use funds made available under 
                grants or contracts under section 2343(a)(1)--
                            [(i) to provide advanced, 
                        sustained, and ongoing training of 
                        teachers about the Constitution of the 
                        United States and the political system 
                        of the United States;
                            [(ii) to provide materials and 
                        methods of instruction, including 
                        teacher training, that utilize the 
                        latest advancements in educational 
                        technology; and
                            [(iii) to provide civic education 
                        materials and services to address 
                        specific problems such as the 
                        prevention of school violence and the 
                        abuse of drugs and alcohol.
            [(2) Availability of program.--The education 
        program authorized under this subsection shall be made 
        available to public and private elementary schools and 
        secondary schools, including Bureau funded schools, in 
        the 435 congressional districts, and in the District of 
        Columbia, the Commonwealth of Puerto Rico, the United 
        States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
    [(b) Project Citizen.--
            [(1) Educational activities.--The Center for Civic 
        Education--
                    [(A) shall use funds made available under 
                grants or contracts under section 2343(a)(1)--
                            [(i) to continue and expand the 
                        educational activities of the program 
                        entitled the ``We the People... Project 
                        Citizen'' program administered by the 
                        Center;
                            [(ii) to carry out activities to 
                        enhance student attainment of 
                        challenging academic content standards 
                        in civics and government;
                            [(iii) to provide a course of 
                        instruction at the middle school level 
                        on the roles of State and local 
                        governments in the Federal system 
                        established by the Constitution of the 
                        United States; and
                            [(iv) to provide an annual national 
                        showcase or competition; and
                    [(B) may use funds made available under 
                grants or contracts under section 2343(a)(1)--
                            [(i) to provide optional school and 
                        community simulated State legislative 
                        hearings;
                            [(ii) to provide advanced, 
                        sustained, and ongoing training of 
                        teachers on the roles of State and 
                        local governments in the Federal system 
                        established by the Constitution of the 
                        United States;
                            [(iii) to provide materials and 
                        methods of instruction, including 
                        teacher training, that utilize the 
                        latest advancements in educational 
                        technology; and
                            [(iv) to provide civic education 
                        materials and services to address 
                        specific problems such as the 
                        prevention of school violence and the 
                        abuse of drugs and alcohol.
            [(2) Availability of program.--The education 
        program authorized under this subsection shall be made 
        available to public and private middle schools, 
        including Bureau funded schools, in the 50 States of 
        the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the United States Virgin 
        Islands, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands.
    [(c) Bureau-Funded School Defined.--In this section, the 
term ``Bureau-funded school'' has the meaning given such term 
in section 1146 of the Education Amendments of 1978 (25 U.S.C. 
2026).]

[SEC. 2345. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE 
                    PROGRAMS.

    [(a) Cooperative Education Exchange Programs.--The Center 
for Civic Education, the National Council on Economic 
Education, and organizations described in section 2343(a)(3) 
shall use funds made available under grants or contracts under 
section 2343 to carry out cooperative education exchange 
programs in accordance with this section.
    [(b) Purpose.--The purpose of the cooperative education 
exchange programs carried out under this section shall be--
            [(1) to make available to educators from eligible 
        countries exemplary curriculum and teacher training 
        programs in civics and government education, and 
        economics education, developed in the United States;
            [(2) to assist eligible countries in the 
        adaptation, implementation, and institutionalization of 
        such programs;
            [(3) to create and implement civics and government 
        education, and economic education, programs for 
        students that draw upon the experiences of the 
        participating eligible countries;
            [(4) to provide a means for the exchange of ideas 
        and experiences in civics and government education, and 
        economic education, among political, educational, 
        governmental, and private sector leaders of 
        participating eligible countries; and
            [(5) to provide support for--
                    [(A) independent research and evaluation to 
                determine the effects of educational programs 
                on students' development of the knowledge, 
                skills, and traits of character essential for 
                the preservation and improvement of 
                constitutional democracy; and
                    [(B) effective participation in, and the 
                preservation and improvement of, an efficient 
                market economy.
    [(c) Activities.--In carrying out the cooperative education 
exchange programs assisted under this section, the Center for 
Civic Education, the National Council on Economic Education, 
and organizations described in section 2343(a)(3) shall--
            [(1) provide to the participants from eligible 
        countries--
                    [(A) seminars on the basic principles of 
                United States constitutional democracy and 
                economic system, including seminars on the 
                major governmental and economic institutions 
                and systems in the United States, and visits to 
                such institutions;
                    [(B) visits to school systems, institutions 
                of higher education, and nonprofit 
                organizations conducting exemplary programs in 
                civics and government education, and economic 
                education, in the United States;
                    [(C) translations and adaptations with 
                respect to United States civics and government 
                education, and economic education, curricular 
                programs for students and teachers, and in the 
                case of training programs for teachers, 
                translations and adaptations into forms useful 
                in schools in eligible countries, and joint 
                research projects in such areas; and
                    [(D) independent research and evaluation 
                assistance--
                            [(i) to determine the effects of 
                        the cooperative education exchange 
                        programs on students' development of 
                        the knowledge, skills, and traits of 
                        character essential for the 
                        preservation and improvement of 
                        constitutional democracy; and
                            [(ii) to identify effective 
                        participation in, and the preservation 
                        and improvement of, an efficient market 
                        economy;
            [(2) provide to the participants from the United 
        States--
                    [(A) seminars on the histories, economies, 
                and systems of government of eligible 
                countries;
                    [(B) visits to school systems, institutions 
                of higher education, and organizations 
                conducting exemplary programs in civics and 
                government education, and economic education, 
                located in eligible countries;
                    [(C) assistance from educators and scholars 
                in eligible countries in the development of 
                curricular materials on the history, 
                government, and economy of such countries that 
                are useful in United States classrooms;
                    [(D) opportunities to provide onsite 
                demonstrations of United States curricula and 
                pedagogy for educational leaders in eligible 
                countries; and
                    [(E) independent research and evaluation 
                assistance to determine--
                            [(i) the effects of the cooperative 
                        education exchange programs assisted 
                        under this section on students' 
                        development of the knowledge, skills, 
                        and traits of character essential for 
                        the preservation and improvement of 
                        constitutional democracy; and
                            [(ii) effective participation in, 
                        and improvement of, an efficient market 
                        economy; and
            [(3) assist participants from eligible countries 
        and the United States to participate in international 
        conferences on civics and government education, and 
        economic education, for educational leaders, teacher 
        trainers, scholars in related disciplines, and 
        educational policymakers.
    [(d) Participants.--The primary participants in the 
cooperative education exchange programs assisted under this 
section shall be educational leaders in the areas of civics and 
government education, and economic education, including 
teachers, curriculum and teacher training specialists, scholars 
in relevant disciplines, and educational policymakers, and 
government and private sector leaders from the United States 
and eligible countries.
    [(e) Consultation.--The Secretary may award a grant to, or 
enter into a contract with, the entities described in section 
2343 to carry out programs assisted under this section only if 
the Secretary of State concurs with the Secretary that such 
grant, or contract, respectively, is consistent with the 
foreign policy of the United States.
    [(f) Avoidance of Duplication.--With the concurrence of the 
Secretary of State, the Secretary shall ensure that--
            [(1) the activities carried out under the programs 
        assisted under this section are not duplicative of 
        other activities conducted in eligible countries; and
            [(2) any institutions in eligible countries, with 
        which the Center for Civic Education, the National 
        Council on Economic Education, or organizations 
        described in section 2343(a)(3) may work in conducting 
        such activities, are creditable.
    [(g) Eligible Country Defined.--In this section, the term 
``eligible country'' means a Central European country, an 
Eastern European country, Lithuania, Latvia, Estonia, the 
independent states of the former Soviet Union as defined in 
section 3 of the FREEDOM Support Act (22 U.S.C. 5801), the 
Republic of Ireland, the province of Northern Ireland in the 
United Kingdom, and any developing country (as such term is 
defined in section 209(d) of the Education for the Deaf Act) if 
the Secretary, with the concurrence of the Secretary of State, 
determines that such developing country has a democratic form 
of government.

[SEC. 2346. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated to carry out this 
subpart $30,000,000 for fiscal year 2002 and such sums as may 
be necessary for each of the 5 succeeding fiscal years.]

         [Subpart 4--Teaching of Traditional American History]

[SEC. 2351. ESTABLISHMENT OF PROGRAM.

    [(a) In General.--The Secretary may establish and implement 
a program to be known as the ``Teaching American History Grant 
Program'', under which the Secretary shall award grants on a 
competitive basis to local educational agencies--
            [(1) to carry out activities to promote the 
        teaching of traditional American history in elementary 
        schools and secondary schools as a separate academic 
        subject (not as a component of social studies); and
            [(2) for the development, implementation, and 
        strengthening of programs to teach traditional American 
        history as a separate academic subject (not as a 
        component of social studies) within elementary school 
        and secondary school curricula, including the 
        implementation of activities--
                    [(A) to improve the quality of instruction; 
                and
                    [(B) to provide professional development 
                and teacher education activities with respect 
                to American history.
    [(b) Required Partnership.--A local educational agency that 
receives a grant under subsection (a) shall carry out 
activities under the grant in partnership with one or more of 
the following:
            [(1) An institution of higher education.
            [(2) A nonprofit history or humanities 
        organization.
            [(3) A library or museum.
    [(c) Application.--To be eligible to receive an grant under 
this section, a local educational agency shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require.]

SEC. 2352. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated to carry out this 
subpart such sums as may be necessary for fiscal year 2002 and 
each of the 5 succeeding fiscal years.]

               [Subpart 5--Teacher Liability Protection]

[SEC. 2361. SHORT TITLE.

    [This subpart may be cited as the ``Paul D. Coverdell 
Teacher Protection Act of 2001''.]

[SEC. 2362. PURPOSE.

    [The purpose of this subpart is to provide teachers, 
principals, and other school professionals the tools they need 
to undertake reasonable actions to maintain order, discipline, 
and an appropriate educational environment.]

[SEC. 2363. DEFINITIONS.

     [For purposes of this subpart:
            [(1) Economic loss.--The term ``economic loss'' 
        means any pecuniary loss resulting from harm (including 
        the loss of earnings or other benefits related to 
        employment, medical expense loss, replacement services 
        loss, loss due to death, burial costs, and loss of 
        business or employment opportunities) to the extent 
        recovery for such loss is allowed under applicable 
        State law.
            [(2) Harm.--The term ``harm'' includes physical, 
        nonphysical, economic, and noneconomic losses.
            [(3) Noneconomic loss.--The term ``noneconomic 
        loss'' means loss for physical or emotional pain, 
        suffering, inconvenience, physical impairment, mental 
        anguish, disfigurement, loss of enjoyment of life, loss 
        of society or companionship, loss of consortium (other 
        than loss of domestic service), hedonic damages, injury 
        to reputation, or any other nonpecuniary loss of any 
        kind or nature.
            [(4) School.--The term ``school'' means a public or 
        private kindergarten, a public or private elementary 
        school or secondary school, or a home school.
            [(5) State.--The term ``State'' means each of the 
        several States of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the United 
        States Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, any other 
        territory or possession of the United States, or any 
        political subdivision of any such State, territory, or 
        possession.
            [(6) Teacher.--The term ``teacher'' means--
                    [(A) a teacher, instructor, principal, or 
                administrator;
                    [(B) another educational professional who 
                works in a school;
                    [(C) a professional or nonprofessional 
                employee who--
                            [(i) works in a school; and
                            [(ii)(I) in the employee's job, 
                        maintains discipline or ensures safety; 
                        or
                            [(II) in an emergency, is called on 
                        to maintain discipline or ensure 
                        safety; or
                    [(D) an individual member of a school board 
                (as distinct from the board).]

[SEC. 2364. APPLICABILITY.

    [This subpart shall only apply to States that receive funds 
under this Act, and shall apply to such a State as a condition 
of receiving such funds.]

[SEC. 2365. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.

    [(a) Preemption.--This subpart preempts the laws of any 
State to the extent that such laws are inconsistent with this 
subpart, except that this subpart shall not preempt any State 
law that provides additional protection from liability relating 
to teachers.
    [(b) Election of State Regarding Nonapplicability.--This 
subpart shall not apply to any civil action in a State court 
against a teacher with respect to claims arising within that 
State if such State enacts a statute in accordance with State 
requirements for enacting legislation--
            [(1) citing the authority of this subsection;
            [(2) declaring the election of such State that this 
        subpart shall not apply, as of a date certain, to such 
        civil action in the State; and
            [(3) containing no other provisions.]

[SEC. 2366. LIMITATION ON LIABILITY FOR TEACHERS.

    [(a) Liability Protection for Teachers.--Except as provided 
in subsection (b), no teacher in a school shall be liable for 
harm caused by an act or omission of the teacher on behalf of 
the school if--
            [(1) the teacher was acting within the scope of the 
        teacher's employment or responsibilities to a school or 
        governmental entity;
            [(2) the actions of the teacher were carried out in 
        conformity with Federal, State, and local laws 
        (including rules and regulations) in furtherance of 
        efforts to control, discipline, expel, or suspend a 
        student or maintain order or control in the classroom 
        or school;
            [(3) if appropriate or required, the teacher was 
        properly licensed, certified, or authorized by the 
        appropriate authorities for the activities or practice 
        involved in the State in which the harm occurred, where 
        the activities were or practice was undertaken within 
        the scope of the teacher's responsibilities;
            [(4) the harm was not caused by willful or criminal 
        misconduct, gross negligence, reckless misconduct, or a 
        conscious, flagrant indifference to the rights or 
        safety of the individual harmed by the teacher; and
            [(5) the harm was not caused by the teacher 
        operating a motor vehicle, vessel, aircraft, or other 
        vehicle for which the State requires the operator or 
        the owner of the vehicle, craft, or vessel to--
                    [(A) possess an operator's license; or
                    [(B) maintain insurance.
    [(b) Exceptions to Teacher Liability Protection.--If the 
laws of a State limit teacher liability subject to one or more 
of the following conditions, such conditions shall not be 
construed as inconsistent with this section:
            [(1) A State law that requires a school or 
        governmental entity to adhere to risk management 
        procedures, including mandatory training of teachers.
            [(2) A State law that makes the school or 
        governmental entity liable for the acts or omissions of 
        its teachers to the same extent as an employer is 
        liable for the acts or omissions of its employees.
            [(3) ate law that makes a limitation of liability 
        inapplicable if the civil action was brought by an 
        officer of a State or local government pursuant to 
        State or local law.
    [(c) Limitation on Punitive Damages Based on the Actions of 
Teachers.--
            [(1) General rule.--Punitive damages may not be 
        awarded against a teacher in an action brought for harm 
        based on the act or omission of a teacher acting within 
        the scope of the teacher's employment or 
        responsibilities to a school or governmental entity 
        unless the claimant establishes by clear and convincing 
        evidence that the harm was proximately caused by an act 
        or omission of such teacher that constitutes willful or 
        criminal misconduct, or a conscious, flagrant 
        indifference to the rights or safety of the individual 
        harmed.
            [(2) Construction.--Paragraph (1) does not create a 
        cause of action for punitive damages and does not 
        preempt or supersede any Federal or State law to the 
        extent that such law would further limit the award of 
        punitive damages.
    [(d) Exceptions to Limitations on Liability.--
            [(1) In general.--The limitations on the liability 
        of a teacher under this subpart shall not apply to any 
        misconduct that--
                    [(A) constitutes a crime of violence (as 
                that term is defined in section 16 of title 18, 
                United States Code) or act of international 
                terrorism (as that term is defined in section 
                2331 of title 18, United States Code) for which 
                the defendant has been convicted in any court;
                    [(B) involves a sexual offense, as defined 
                by applicable State law, for which the 
                defendant has been convicted in any court;
                    [(C) involves misconduct for which the 
                defendant has been found to have violated a 
                Federal or State civil rights law; or
                    [(D) where the defendant was under the 
                influence (as determined pursuant to applicable 
                State law) of intoxicating alcohol or any drug 
                at the time of the misconduct.
            [(2) Hiring.--The limitations on the liability of a 
        teacher under this subpart shall not apply to 
        misconduct during background investigations, or during 
        other actions, involved in the hiring of a teacher.
    [(e) Rules of Construction.--
            [(1) Concerning responsibility of teachers to 
        schools and governmental entities.--Nothing in this 
        section shall be construed to affect any civil action 
        brought by any school or any governmental entity 
        against any teacher of such school.
            [(2) Concerning corporal punishment.--Nothing in 
        this subpart shall be construed to affect any State or 
        local law (including a rule or regulation) or policy 
        pertaining to the use of corporal punishment.]

[SEC. 2367. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC LOSS.

    [(a) General Rule.--In any civil action against a teacher, 
based on an act or omission of a teacher acting within the 
scope of the teacher's employment or responsibilities to a 
school or governmental entity, the liability of the teacher for 
noneconomic loss shall be determined in accordance with 
subsection (b).
    [(b) Amount of Liability.--
            [(1) In general.--
                    [(A) Liability.--Each defendant who is a 
                teacher shall be liable only for the amount of 
                noneconomic loss allocated to that defendant in 
                direct proportion to the percentage of 
                responsibility of that defendant (determined in 
                accordance with paragraph (2)) for the harm to 
                the claimant with respect to which that 
                defendant is liable.
                    [(B) Separate judgment.--The court shall 
                render a separate judgment against each 
                defendant in an amount determined pursuant to 
                subparagraph (A).
            [(2) Percentage of responsibility.--For purposes of 
        determining the amount of noneconomic loss allocated to 
        a defendant who is a teacher under this section, the 
        trier of fact shall determine the percentage of 
        responsibility of each person responsible for the 
        claimant's harm, whether or not such person is a party 
        to the action.
    [(c) Rule of Construction.--Nothing in this section shall 
be construed to preempt or supersede any Federal or State law 
that further limits the application of joint liability in a 
civil action described in subsection (a), beyond the 
limitations established in this section.]

[SEC. 2368. EFFECTIVE DATE.

    [(a) In General.--This subpart shall take effect 90 days 
after the date of enactment of the No Child Left Behind Act of 
2001.
    [(b) Application.--This subpart applies to any claim for 
harm caused by an act or omission of a teacher if that claim is 
filed on or after the effective date of the No Child Left 
Behind Act of 2001 without regard to whether the harm that is 
the subject of the claim or the conduct that caused the harm 
occurred before such effective date.]

            [PART D--ENHANCING EDUCATION THROUGH TECHNOLOGY]

[SEC. 2401. SHORT TITLE.

    [This part may be cited as the ``Enhancing Education 
Through Technology Act of 2001''.]

[SEC. 2402. PURPOSES AND GOALS.

    [(a) Purposes.--The purposes of this part are the 
following:
            [(1) To provide assistance to States and localities 
        for the implementation and support of a comprehensive 
        system that effectively uses technology in elementary 
        schools and secondary schools to improve student 
        academic achievement.
            [(2) To encourage the establishment or expansion of 
        initiatives, including initiatives involving public-
        private partnerships, designed to increase access to 
        technology, particularly in schools served by high-need 
        local educational agencies.
            [(3) To assist States and localities in the 
        acquisition, development, interconnection, 
        implementation, improvement, and maintenance of an 
        effective educational technology infrastructure in a 
        manner that expands access to technology for students 
        (particularly for disadvantaged students) and teachers.
            [(4) To promote initiatives that provide school 
        teachers, principals, and administrators with the 
        capacity to integrate technology effectively into 
        curricula and instruction that are aligned with 
        challenging State academic content and student academic 
        achievement standards, through such means as high-
        quality professional development programs.
            [(5) To enhance the ongoing professional 
        development of teachers, principals, and administrators 
        by providing constant access to training and updated 
        research in teaching and learning through electronic 
        means.
            [(6) To support the development and utilization of 
        electronic networks and other innovative methods, such 
        as distance learning, of delivering specialized or 
        rigorous academic courses and curricula for students in 
        areas that would not otherwise have access to such 
        courses and curricula, particularly in geographically 
        isolated regions.
            [(7) To support the rigorous evaluation of programs 
        funded under this part, particularly regarding the 
        impact of such programs on student academic 
        achievement, and ensure that timely information on the 
        results of such evaluations is widely accessible 
        through electronic means.
            [(8) To support local efforts using technology to 
        promote parent and family involvement in education and 
        communication among students, parents, teachers, 
        principals, and administrators.
    [(b) Goals.--
            [(1) Primary goal.--The primary goal of this part 
        is to improve student academic achievement through the 
        use of technology in elementary schools and secondary 
        schools.
            [(2) Additional goals.--The additional goals of 
        this part are the following:
                    [(A) To assist every student in crossing 
                the digital divide by ensuring that every 
                student is technologically literate by the time 
                the student finishes the eighth grade, 
                regardless of the student's race, ethnicity, 
                gender, family income, geographic location, or 
                disability.
                    [(B) To encourage the effective integration 
                of technology resources and systems with 
                teacher training and curriculum development to 
                establish research-based instructional methods 
                that can be widely implemented as best 
                practices by State educational agencies and 
                local educational agencies.]

[SEC. 2403. DEFINITIONS.

     [In this part:
            [(1) Eligible local entity.--The term ``eligible 
        local entity'' means--
                    [(A) a high-need local educational agency; 
                or
                    [(B) an eligible local partnership.
            [(2) Eligible local partnership.--The term 
        ``eligible local partnership'' means a partnership 
        that--
                    [(A) shall include at least one high-need 
                local educational agency and at least one--
                            [(i) local educational agency that 
                        can demonstrate that teachers in 
                        schools served by the agency are 
                        effectively integrating technology and 
                        proven teaching practices into 
                        instruction, based on a review of 
                        relevant research, and that the 
                        integration results in improvement in--
                                    [(I) classroom instruction 
                                in the core academic subjects; 
                                and
                                    [(II) the preparation of 
                                students to meet challenging 
                                State academic content and 
                                student academic achievement 
                                standards;
                            [(ii) institution of higher 
                        education that is in full compliance 
                        with the reporting requirements of 
                        section 207(f) of the Higher Education 
                        Act of 1965 and that has not been 
                        identified by its State as low-
                        performing under section 208 of such 
                        Act;
                            [(iii) for-profit business or 
                        organization that develops, designs, 
                        manufactures, or produces technology 
                        products or services, or has 
                        substantial expertise in the 
                        application of technology in 
                        instruction; or
                            [(iv) public or private nonprofit 
                        organization with demonstrated 
                        experience in the application of 
                        educational technology to instruction; 
                        and
                    [(B) may include other local educational 
                agencies, educational service agencies, 
                libraries, or other educational entities 
                appropriate to provide local programs.
            [(3) High-need local educational agency.--The term 
        ``high-need local educational agency'' means a local 
        educational agency that--
                    [(A) is among the local educational 
                agencies in a State with the highest numbers or 
                percentages of children from families with 
                incomes below the poverty line; and
                    [(B)(i) operates one or more schools 
                identified under section 1116; or
                    [(ii) has a substantial need for assistance 
                in acquiring and using technology.]

[SEC. 2404. AUTHORIZATION OF APPROPRIATIONS.

    [(a) In General.--There are authorized to be appropriated 
to carry out subparts 1 and 2, $1,000,000,000 for fiscal year 
2002, and such sums as may be necessary for each of the 5 
succeeding fiscal years.
    [(b) Allocation of Funds Between State and Local and 
National Initiatives.--The amount of funds made available under 
subsection (a) for a fiscal year shall be allocated so that--
            [(1) not less than 98 percent is made available to 
        carry out subpart 1; and
            [(2) not more than 2 percent is made available to 
        carry out subpart 2.
    [(c) Allocation of Funds for Study.--Of the total amount of 
funds allocated under subsection (b)(2) for fiscal years 2002 
through 2007, not more than $15,000,000 may be used to carry 
out section 2421(a).
    [(d) Limitation.--Of the amount of funds made available to 
a recipient of funds under this part for a fiscal year, not 
more than 5 percent may be used by the recipient for 
administrative costs or technical assistance, of which not more 
than 60 percent may be used by the recipient for administrative 
costs.]

             [Subpart 1--State and Local Technology Grants]

[SEC. 2411. ALLOTMENT AND REALLOTMENT.

    [(a) Reservations and Allotment.--From the amount made 
available to carry out this subpart under section 2404(b)(1) 
for a fiscal year--
            [(1) the Secretary shall reserve--
                    [(A) three-fourths of 1 percent for the 
                Secretary of the Interior for programs under 
                this subpart for schools operated or funded by 
                the Bureau of Indian Affairs;
                    [(B) one-half of 1 percent to provide 
                assistance under this subpart to the outlying 
                areas; and
                    [(C) such sums as may be necessary for 
                continuation awards on grants awarded under 
                section 3136 prior to the date of enactment of 
                the No Child Left Behind Act of 2001; and
            [(2) from the remainder of such amount and subject 
        to subsection (b), the Secretary shall make grants by 
        allotting to each eligible State educational agency 
        under this subpart an amount that bears the same 
        relationship to such remainder for such year as the 
        amount received under part A of title I for such year 
        by such State educational agency bears to the amount 
        received under such part for such year by all State 
        educational agencies.
    [(b) Minimum Allotment.--The amount of any State 
educational agency's allotment under subsection (a)(2) for any 
fiscal year may not be less than one-half of 1 percent of the 
amount made available for allotments to States under this part 
for such year.
    [(c) Reallotment of Unused Funds.--If any State educational 
agency does not apply for an allotment under this subpart for a 
fiscal year, or does not use its entire allotment under this 
subpart for that fiscal year, the Secretary shall reallot the 
amount of the State educational agency's allotment, or the 
unused portion of the allotment, to the remaining State 
educational agencies that use their entire allotments under 
this subpart in accordance with this section.
    [(d) State Educational Agency Defined.--In this section, 
the term ``State educational agency'' does not include an 
agency of an outlying area or the Bureau of Indian Affairs.]

[SEC. 2412. USE OF ALLOTMENT BY STATE.

    [(a) In General.--Of the amount provided to a State 
educational agency (from the agency's allotment under section 
2411(a)(2)) for a fiscal year--
            [(1) the State educational agency may use not more 
        than 5 percent to carry out activities under section 
        2415; and
            [(2) the State educational agency shall distribute 
        the remainder as follows:
                    [(A) From 50 percent of the remainder, the 
                State educational agency shall award subgrants 
                by allocating to each eligible local 
                educational agency that has submitted an 
                application to the State educational agency 
                under section 2414, for the activities 
                described in section 2416, an amount that bears 
                the same relationship to 50 percent of the 
                remainder for such year as the amount received 
                under part A of title I for such year by such 
                local educational agency bears to the amount 
                received under such part for such year by all 
                local educational agencies within the State.
                    [(B) From 50 percent of the remainder and 
                subject to subsection (b), the State 
                educational agency shall award subgrants, 
                through a State-determined competitive process, 
                to eligible local entities that have submitted 
                applications to the State educational agency 
                under section 2414, for the activities 
                described in section 2416.
    [(b) Sufficient Amounts.--
            [(1) Special rule.--In awarding a subgrant under 
        subsection (a)(2)(B), the State educational agency 
        shall--
                    [(A) determine the local educational 
                agencies that--
                            [(i) received allocations under 
                        subsection (a)(2)(A) that are not of 
                        sufficient size to be effective, 
                        consistent with the purposes of this 
                        part; and
                            [(ii) are eligible local entities;
                    [(B) give priority to applications 
                submitted by eligible local educational 
                agencies described in subparagraph (A); and
                    [(C) determine the minimum amount for 
                awards under subsection (a)(2)(B) to ensure 
                that subgrants awarded under that subsection 
                are of sufficient size to be effective.
            [(2) Sufficiency.--In awarding subgrants under 
        subsection (a)(2)(B), each State educational agency 
        shall ensure that each subgrant is of sufficient size 
        and duration, and that the program funded by the 
        subgrant is of sufficient scope and quality, to carry 
        out the purposes of this part effectively.
            [(3) Distribution.--In awarding subgrants under 
        subsection (a)(2)(B), each State educational agency 
        shall ensure an equitable distribution of assistance 
        under this subpart among urban and rural areas of the 
        State, according to the demonstrated need of those 
        local educational agencies serving the areas.
    [(c) Fiscal Agent.--If an eligible local partnership 
receives a subgrant under subsection (a)(2)(B), a local 
educational agency in the partnership shall serve as the fiscal 
agent for the partnership.
    [(d) Technical Assistance.--Each State educational agency 
receiving a grant under section 2411(a) shall--
            [(1) identify the local educational agencies served 
        by the State educational agency that--
                    [(A) have the highest numbers or 
                percentages of children from families with 
                incomes below the poverty line; and
                    [(B) demonstrate to such State educational 
                agency the greatest need for technical 
                assistance in developing an application under 
                section 2414; and
            [(2) offer the technical assistance described in 
        paragraph (1)(B) to those local educational agencies.]

[SEC. 2413. STATE APPLICATIONS.

    [(a) In General.--To be eligible to receive a grant under 
this subpart, a State educational agency shall submit to the 
Secretary, at such time and in such manner as the Secretary may 
specify, an application containing a new or updated statewide 
long-range strategic educational technology plan (which shall 
address the educational technology needs of local educational 
agencies) and such other information as the Secretary may 
reasonably require.
    [(b) Contents.--Each State application submitted under 
subsection (a) shall include each of the following:
            [(1) An outline of the State educational agency's 
        long-term strategies for improving student academic 
        achievement, including technology literacy, through the 
        effective use of technology in classrooms throughout 
        the State, including through improving the capacity of 
        teachers to integrate technology effectively into 
        curricula and instruction.
            [(2) A description of the State educational 
        agency's goals for using advanced technology to improve 
        student academic achievement, and how those goals are 
        aligned with challenging State academic content and 
        student academic achievement standards.
            [(3) A description of how the State educational 
        agency will take steps to ensure that all students and 
        teachers in the State, particularly students and 
        teachers in districts served by high-need local 
        educational agencies, have increased access to 
        technology.
            [(4) A description of the process and 
        accountability measures that the State educational 
        agency will use to evaluate the extent to which 
        activities funded under this subpart are effective in 
        integrating technology into curricula and instruction.
            [(5) A description of how the State educational 
        agency will encourage the development and utilization 
        of innovative strategies for the delivery of 
        specialized or rigorous academic courses and curricula 
        through the use of technology, including distance 
        learning technologies, particularly for those areas of 
        the State that would not otherwise have access to such 
        courses and curricula due to geographical isolation or 
        insufficient resources.
            [(6) An assurance that financial assistance 
        provided under this subpart will supplement, and not 
        supplant, State and local funds.
            [(7) A description of how the plan incorporates 
        teacher education, professional development, and 
        curriculum development, and how the State educational 
        agency will work to ensure that teachers and principals 
        in a State receiving funds under this part are 
        technologically literate.
            [(8) A description of--
                    [(A) how the State educational agency will 
                provide technical assistance to applicants 
                under section 2414, especially to those 
                applicants serving the highest numbers or 
                percentages of children in poverty or with the 
                greatest need for technical assistance; and
                    [(B) the capacity of the State educational 
                agency to provide such assistance.
            [(9) A description of technology resources and 
        systems that the State will provide for the purpose of 
        establishing best practices that can be widely 
        replicated by State educational agencies and local 
        educational agencies in the State and in other States.
            [(10) A description of the State's long-term 
        strategies for financing technology to ensure that all 
        students, teachers, and classrooms have access to 
        technology.
            [(11) A description of the State's strategies for 
        using technology to increase parental involvement.
            [(12) A description of how the State educational 
        agency will ensure that each subgrant awarded under 
        section 2412(a)(2)(B) is of sufficient size and 
        duration, and that the program funded by the subgrant 
        is of sufficient scope and quality, to carry out the 
        purposes of this part effectively.
            [(13) A description of how the State educational 
        agency will ensure ongoing integration of technology 
        into school curricula and instructional strategies in 
        all schools in the State, so that technology will be 
        fully integrated into the curricula and instruction of 
        the schools by December 31, 2006.
            [(14) A description of how the local educational 
        agencies in the State will provide incentives to 
        teachers who are technologically literate and teaching 
        in rural or urban areas, to encourage such teachers to 
        remain in those areas.
            [(15) A description of how public and private 
        entities will participate in the implementation and 
        support of the plan.
    [(c) 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.
    [(d) Disapproval.--The Secretary shall not finally 
disapprove the application, except after giving the State 
educational agency notice and an opportunity for a hearing.
    [(e) 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, 
        shall--
                    [(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.
    [(f) Response.--If the State educational agency responds to 
the Secretary's notification described in subsection (e)(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 
(e)(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 (c).
    [(g) Failure to Respond.--If the State educational agency 
does not respond to the Secretary's notification described in 
subsection (e)(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.]

[SEC. 2414. LOCAL APPLICATIONS.

    [(a) In General.--To be eligible to receive a subgrant from 
a State educational agency under this subpart, a local 
educational agency or eligible local entity shall submit to the 
State educational agency an application containing a new or 
updated local long-range strategic educational technology plan 
that is consistent with the objectives of the statewide 
educational technology plan described in section 2413(a), and 
such other information as the State educational agency may 
reasonably require, at such time and in such manner as the 
State educational agency may require.
    [(b) Contents.--The application shall include each of the 
following:
            [(1) A description of how the applicant will use 
        Federal funds under this subpart to improve the student 
        academic achievement, including technology literacy, of 
        all students attending schools served by the local 
        educational agency and to improve the capacity of all 
        teachers teaching in schools served by the local 
        educational agency to integrate technology effectively 
        into curricula and instruction.
            [(2) A description of the applicant's specific 
        goals for using advanced technology to improve student 
        academic achievement, aligned with challenging State 
        academic content and student academic achievement 
        standards.
            [(3) A description of the steps the applicant will 
        take to ensure that all students and teachers in 
        schools served by the local educational agency involved 
        have increased access to educational technology, 
        including how the agency would use funds under this 
        subpart (such as combining the funds with funds from 
        other sources), to help ensure that--
                    [(A) students in high-poverty and high-
                needs schools, or schools identified under 
                section 1116, have access to technology; and
                    [(B) teachers are prepared to integrate 
                technology effectively into curricula and 
                instruction.
            [(4) A description of how the applicant will--
                    [(A) identify and promote curricula and 
                teaching strategies that integrate technology 
                effectively into curricula and instruction, 
                based on a review of relevant research, leading 
                to improvements in student academic 
                achievement, as measured by challenging State 
                academic content and student academic 
                achievement standards; and
                    [(B) provide ongoing, sustained 
                professional development for teachers, 
                principals, administrators, and school library 
                media personnel serving the local educational 
                agency, to further the effective use of 
                technology in the classroom or library media 
                center, including, if applicable, a list of the 
                entities that will be partners with the local 
                educational agency involved in providing the 
                ongoing, sustained professional development.
            [(5) A description of the type and costs of 
        technologies to be acquired under this subpart, 
        including services, software, and digital curricula, 
        and including specific provisions for interoperability 
        among components of such technologies.
            [(6) A description of how the applicant will 
        coordinate activities carried out with funds provided 
        under this subpart with technology-related activities 
        carried out with funds available from other Federal, 
        State, and local sources.
            [(7) A description of how the applicant will 
        integrate technology (including software and other 
        electronically delivered learning materials) into 
        curricula and instruction, and a timeline for such 
        integration.
            [(8) A description of how the applicant will 
        encourage the development and utilization of innovative 
        strategies for the delivery of specialized or rigorous 
        academic courses and curricula through the use of 
        technology, including distance learning technologies, 
        particularly for those areas that would not otherwise 
        have access to such courses and curricula due to 
        geographical isolation or insufficient resources.
            [(9) A description of how the applicant will ensure 
        the effective use of technology to promote parental 
        involvement and increase communication with parents, 
        including a description of how parents will be informed 
        of the technology being applied in their child's 
        education so that the parents are able to reinforce at 
        home the instruction their child receives at school.
            [(10) A description of how programs will be 
        developed, where applicable, in collaboration with 
        adult literacy service providers, to maximize the use 
        of technology.
            [(11) A description of the process and 
        accountability measures that the applicant will use to 
        evaluate the extent to which activities funded under 
        this subpart are effective in integrating technology 
        into curricula and instruction, increasing the ability 
        of teachers to teach, and enabling students to meet 
        challenging State academic content and student academic 
        achievement standards.
            [(12) A description of the supporting resources 
        (such as services, software, other electronically 
        delivered learning materials, and print resources) that 
        will be acquired to ensure successful and effective 
        uses of technology.
    [(c) Combined Applications.--A local educational agency 
that is an eligible local entity and submits an application to 
the State educational agency under this section for funds 
awarded under section 2412(a)(2)(A) may combine the agency's 
application for funds awarded under that section with an 
application for funds awarded under section 2412(a)(2)(B).
    [(d) Special Rule.--
            [(1) Consortium applications.--
                    [(A) In general.--For any fiscal year, a 
                local educational agency applying for financial 
                assistance described in section 2412(a)(2)(A) 
                may apply as part of a consortium that includes 
                other local educational agencies, institutions 
                of higher education, educational service 
                agencies, libraries, or other educational 
                entities appropriate to provide local programs.
                    [(B) Fiscal agent.--If a local educational 
                agency applies for and receives financial 
                assistance described in section 2412(a)(2)(A) 
                as part of a consortium, the local educational 
                agency shall serve as the fiscal agent for the 
                consortium.
            [(2) State educational agency assistance.--At the 
        request of a local educational agency, a State 
        educational agency may assist the local educational 
        agency in the formation of a consortium described in 
        paragraph (1) to provide services for the teachers and 
        students served by the local educational agency.]

[SEC. 2415. STATE ACTIVITIES.

     [From funds made available under section 2412(a)(1), a 
State educational agency shall carry out activities and assist 
local efforts to carry out the purposes of this part, which may 
include the following activities:
            [(1) Developing, or assisting applicants or 
        recipients of funds under this subpart in the 
        development and utilization of, innovative strategies 
        for the delivery of specialized or rigorous academic 
        courses and curricula through the use of technology, 
        including distance learning technologies, and providing 
        other technical assistance to such applicants or 
        recipients throughout the State, with priority given to 
        high-need local educational agencies.
            [(2) Establishing or supporting public-private 
        initiatives (such as interest-free or reduced-cost 
        loans) for the acquisition of educational technology 
        for high-need local educational agencies and students 
        attending schools served by such agencies.
            [(3) Assisting recipients of funds under this 
        subpart in providing sustained and intensive, high-
        quality professional development based on a review of 
        relevant research in the integration of advanced 
        technologies, including emerging technologies, into 
        curricula and instruction and in using those 
        technologies to create new learning environments, 
        including training in the use of technology to--
                    [(A) access data and resources to develop 
                curricula and instructional materials;
                    [(B) enable teachers--
                            [(i) to use the Internet and other 
                        technology to communicate with parents, 
                        other teachers, principals, and 
                        administrators; and
                            [(ii) to retrieve Internet-based 
                        learning resources; and
                    [(C) lead to improvements in classroom 
                instruction in the core academic subjects, that 
                effectively prepare students to meet 
                challenging State academic content standards 
                and student academic achievement standards.
            [(4) Assisting recipients of funds under this 
        subpart in providing all students (including students 
        with disabilities and students with limited English 
        proficiency) and teachers with access to educational 
        technology.
            [(5) Developing performance measurement systems to 
        determine the effectiveness of educational technology 
        programs funded under this subpart, particularly in 
        determining the extent to which activities funded under 
        this subpart are effective in integrating technology 
        into curricula and instruction, increasing the ability 
        of teachers to teach, and enabling students to meet 
        challenging State academic content and student academic 
        achievement standards.
            [(6) Collaborating with other State educational 
        agencies on distance learning, including making 
        specialized or rigorous academic courses and curricula 
        available to students in areas that would not otherwise 
        have access to such courses and curricula.]

[SEC. 2416. LOCAL ACTIVITIES.

    [(a) Professional Development.--
            [(1) In general.--A recipient of funds made 
        available under section 2412(a)(2) shall use not less 
        than 25 percent of such funds to provide ongoing, 
        sustained, and intensive, high-quality professional 
        development. The recipient shall provide professional 
        development in the integration of advanced 
        technologies, including emerging technologies, into 
        curricula and instruction and in using those 
        technologies to create new learning environments, such 
        as professional development in the use of technology--
                    [(A) to access data and resources to 
                develop curricula and instructional materials;
                    [(B) to enable teachers--
                            [(i) to use the Internet and other 
                        technology to communicate with parents, 
                        other teachers, principals, and 
                        administrators; and
                            [(ii) to retrieve Internet-based 
                        learning resources; and
                    [(C) to lead to improvements in classroom 
                instruction in the core academic subjects, that 
                effectively prepare students to meet 
                challenging State academic content standards, 
                including increasing student technology 
                literacy, and student academic achievement 
                standards.
            [(2) Waivers.--Paragraph (1) shall not apply to a 
        recipient of funds made available under section 
        2412(a)(2) that demonstrates, to the satisfaction of 
        the State educational agency involved, that the 
        recipient already provides ongoing, sustained, and 
        intensive, high-quality professional development that 
        is based on a review of relevant research, to all 
        teachers in core academic subjects in the integration 
        of advanced technologies, including emerging 
        technologies, into curricula and instruction.
    [(b) Other Activities.--In addition to the activities 
described in subsection (a), a recipient of funds made 
available by a State educational agency under section 
2412(a)(2) shall use such funds to carry out other activities 
consistent with this subpart, which may include the following:
            [(1) Establishing or expanding initiatives, 
        particularly initiatives involving public-private 
        partnerships, designed to increase access to technology 
        for students and teachers, with special emphasis on the 
        access of high-need schools to technology.
            [(2) Adapting or expanding existing and new 
        applications of technology to enable teachers to 
        increase student academic achievement, including 
        technology literacy--
                    [(A) through the use of teaching practices 
                that are based on a review of relevant research 
                and are designed to prepare students to meet 
                challenging State academic content and student 
                academic achievement standards; and
                    [(B) by the development and utilization of 
                innovative distance learning strategies to 
                deliver specialized or rigorous academic 
                courses and curricula to areas that would not 
                otherwise have access to such courses and 
                curricula.
            [(3) Acquiring proven and effective courses and 
        curricula that include integrated technology and are 
        designed to help students meet challenging State 
        academic content and student academic achievement 
        standards.
            [(4) Utilizing technology to develop or expand 
        efforts to connect schools and teachers with parents 
        and students to promote meaningful parental 
        involvement, to foster increased communication about 
        curricula, assignments, and assessments between 
        students, parents, and teachers, and to assist parents 
        to understand the technology being applied in their 
        child's education, so that parents are able to 
        reinforce at home the instruction their child receives 
        at school.
            [(5) Preparing one or more teachers in elementary 
        schools and secondary schools as technology leaders who 
        are provided with the means to serve as experts and 
        train other teachers in the effective use of 
        technology, and providing bonus payments to the 
        technology leaders.
            [(6) Acquiring, adapting, expanding, implementing, 
        repairing, and maintaining existing and new 
        applications of technology, to support the school 
        reform effort and to improve student academic 
        achievement, including technology literacy.
            [(7) Acquiring connectivity linkages, resources, 
        and services (including the acquisition of hardware and 
        software and other electronically delivered learning 
        materials) for use by teachers, students, academic 
        counselors, and school library media personnel in the 
        classroom, in academic and college counseling centers, 
        or in school library media centers, in order to improve 
        student academic achievement.
            [(8) Using technology to collect, manage, and 
        analyze data to inform and enhance teaching and school 
        improvement efforts.
            [(9) Implementing performance measurement systems 
        to determine the effectiveness of education technology 
        programs funded under this subpart, particularly in 
        determining the extent to which activities funded under 
        this subpart are effective in integrating technology 
        into curricula and instruction, increasing the ability 
        of teachers to teach, and enabling students to meet 
        challenging State academic content and student academic 
        achievement standards.
            [(10) Developing, enhancing, or implementing 
        information technology courses.]

              [Subpart 2--National Technology Activities]

[SEC. 2421. NATIONAL ACTIVITIES.

    [(a) Study.--Using funds made available under section 
2404(b)(2), the Secretary--
            [(1) shall conduct an independent, long-term study, 
        utilizing scientifically based research methods and 
        control groups or control conditions--
                    [(A) on the conditions and practices under 
                which educational technology is effective in 
                increasing student academic achievement; and
                    [(B) on the conditions and practices that 
                increase the ability of teachers to integrate 
                technology effectively into curricula and 
                instruction, that enhance the learning 
                environment and opportunities, and that 
                increase student academic achievement, 
                including technology literacy;
            [(2) shall establish an independent review panel to 
        advise the Secretary on methodological and other issues 
        that arise in conducting the long-term study;
            [(3) shall consult with other interested Federal 
        departments or agencies, State and local educational 
        practitioners and policymakers (including teachers, 
        principals, and superintendents), and experts in 
        technology, regarding the study; and
            [(4) shall submit to Congress interim reports, when 
        appropriate, and a final report, to be submitted not 
        later than April 1, 2006, on the findings of the study.
    [(b) Dissemination.--Using funds made available under 
section 2404(b)(2), the Secretary shall make widely available, 
including through dissemination on the Internet and to all 
State educational agencies and other recipients of funds under 
this part, findings identified through activities carried out 
under this section regarding the conditions and practices under 
which educational technology is effective in increasing student 
academic achievement.
    [(c) Technical Assistance.--Using funds made available 
under section 2404(b)(2), the Secretary may provide technical 
assistance (directly or through the competitive award of grants 
or contracts) to State educational agencies, local educational 
agencies, and other recipients of funds, particularly in rural 
areas, under this part, in order to assist such State 
educational agencies, local educational agencies, and other 
recipients to achieve the purposes of this part.]

[SEC. 2422. NATIONAL EDUCATION TECHNOLOGY PLAN.

    [(a) In General.--Based on the Nation's progress and an 
assessment by the Secretary of the continuing and future needs 
of the Nation's schools in effectively using technology to 
provide all students the opportunity to meet challenging State 
academic content and student academic achievement standards, 
the Secretary shall update and publish, in a form readily 
accessible to the public, a national long-range technology 
plan, by not later than 12 months after the date of enactment 
of the No Child Left Behind Act of 2001.
    [(b) Contents.--The plan referred to in subsection (a) 
shall include each of the following:
            [(1) A description of the manner in which the 
        Secretary will promote--
                    [(A) higher student academic achievement 
                through the integration of advanced 
                technologies, including emerging technologies, 
                into curricula and instruction;
                    [(B) increased access to technology for 
                teaching and learning for schools with a high 
                number or percentage of children from families 
                with incomes below the poverty line; and
                    [(C) the use of technology to assist in the 
                implementation of State systemic reform 
                strategies.
            [(2) A description of joint activities of the 
        Department of Education and other Federal departments 
        or agencies that will promote the use of technology in 
        education.]

                 [Subpart 3--Ready-to-Learn Television]

[SEC. 2431. READY-TO-LEARN TELEVISION.

    [(a) Program Authorized.--
            [(1) In general.--The Secretary is authorized to 
        award grants to, or enter into contracts or cooperative 
        agreements with, eligible entities described in 
        paragraph (3) to enable such entities--
                    [(A) to 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;
                    [(B) to facilitate the development, 
                directly or through contracts with producers of 
                children 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;
                    [(C) to 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;
                    [(D) to contract with entities (such as 
                public telecommunications entities) so that 
                programs 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
                    [(E) to 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 
                        subparagraphs (B) and (C) among 
                        parents, teachers, Head Start 
                        providers, Even 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 grants, contracts, 
        or cooperative agreements under this section, the 
        Secretary shall ensure that eligible entities make 
        programming widely available, with support materials as 
        appropriate, to young children, parents, child care 
        workers, Head Start providers, Even 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 agreements under this 
        section, an entity shall be a public telecommunications 
        entity that is able to demonstrate each of the 
        following:
                    [(A) A capacity for the development and 
                national distribution of educational and 
                instructional television programming of high 
                quality that is accessible by a large majority 
                of disadvantaged preschool and elementary 
                school children.
                    [(B) A capacity to contract with the 
                producers of children's television programming 
                for the purpose of developing educational 
                television programming of high quality.
                    [(C) A capacity, consistent with the 
                entity's mission and nonprofit nature, to 
                negotiate such contracts in a manner that 
                returns to the entity an appropriate share of 
                any ancillary income from sales of any program-
                related products.
                    [(D) A capacity to localize programming and 
                materials to meet specific State and local 
                needs and to provide educational outreach at 
                the local level.
            [(4) Coordination of activities.--An entity 
        receiving a grant, contract, or cooperative agreement 
        under this section shall consult with the Secretary and 
        the Secretary of Health and Human Services--
                    [(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 Even Start, 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)(E) 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, in such manner, and containing such information as the 
Secretary may reasonably require.
    [(c) Reports and Evaluations.--
            [(1) Annual report to the secretary.--An entity 
        receiving a grant, contract, or cooperative agreement 
        under this section shall prepare and submit to the 
        Secretary an annual report that contains such 
        information as the Secretary may require. At a minimum, 
        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 programs developed.
                    [(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 relevant committees of 
        Congress 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)(E), 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) Authorization of Appropriations.--
            [(1) In general.--There are authorized to be 
        appropriated to carry out this section such sums as may 
        be necessary for fiscal year 2002, and for each of the 
        5 succeeding fiscal years.
            [(2) Funding rule.--Not less than 60 percent of the 
        amount appropriated under paragraph (1) for each fiscal 
        year shall be used to carry out activities under 
        subparagraphs (B) through (D) of subsection (a)(1).]

  [Subpart 4--Limitation on Availability of Certain Funds for Schools]

[SEC. 2441. INTERNET SAFETY.

    [(a) In General.--No funds made available under this part 
to a local educational agency for an elementary school or 
secondary school that does not receive services at discount 
rates under section 254(h)(5) of the Communications Act of 1934 
(47 U.S.C. 254(h)(5)) may be used to purchase computers used to 
access the Internet, or to pay for direct costs associated with 
accessing the Internet, for such school unless the school, 
school board, local educational agency, or other authority with 
responsibility for administration of such school both--
            [(1)(A) has in place a policy of Internet safety 
        for minors that includes the operation of a technology 
        protection measure with respect to any of its computers 
        with Internet access that protects against access 
        through such computers to visual depictions that are--
                    [(i) obscene;
                    [(ii) child pornography; or
                    [(iii) harmful to minors; and
            [(B) is enforcing the operation of such technology 
        protection measure during any use of such computers by 
        minors; and
            [(2)(A) has in place a policy of Internet safety 
        that includes the operation of a technology protection 
        measure with respect to any of its computers with 
        Internet access that protects against access through 
        such computers to visual depictions that are--
                    [(i) obscene; or
                    [(ii) child pornography; and
            [(B) is enforcing the operation of such technology 
        protection measure during any use of such computers.
    [(b) Timing and Applicability of Implementation.--
            [(1) In general.--The local educational agency with 
        responsibility for a school covered by subsection (a) 
        shall certify the compliance of such school with the 
        requirements of subsection (a) as part of the 
        application process for the next program funding year 
        under this Act following December 21, 2000, and for 
        each subsequent program funding year thereafter.
            [(2) Process.--
                    [(A) Schools with internet safety policies 
                and technology protection measures in place.--A 
                local educational agency with responsibility 
                for a school covered by subsection (a) that has 
                in place an Internet safety policy meeting the 
                requirements of subsection (a) shall certify 
                its compliance with subsection (a) during each 
                annual program application cycle under this 
                Act.
                    [(B) Schools without internet safety 
                policies and technology protection measures in 
                place.--
                            [(i) Certification.--A local 
                        educational agency with responsibility 
                        for a school covered by subsection (a) 
                        that does not have in place an Internet 
                        safety policy meeting the requirements 
                        of subsection (a)--
                                    [(I) for the first program 
                                year after December 21, 2000, 
                                in which the local educational 
                                agency is applying for funds 
                                for such school under this Act, 
                                shall certify that it is 
                                undertaking such actions, 
                                including any necessary 
                                procurement procedures, to put 
                                in place an Internet safety 
                                policy that meets such 
                                requirements; and
                                    [(II) for the second 
                                program year after December 21, 
                                2000, in which the local 
                                educational agency is applying 
                                for funds for such school under 
                                this Act, shall certify that 
                                such school is in compliance 
                                with such requirements.
                            [(ii) Ineligibility.--Any school 
                        covered by subsection (a) for which the 
                        local educational agency concerned is 
                        unable to certify compliance with such 
                        requirements in such second program 
                        year shall be ineligible for all 
                        funding under this part for such second 
                        program year and all subsequent program 
                        years until such time as such school 
                        comes into compliance with such 
                        requirements.
                    [(C) Waivers.--Any school subject to a 
                certification under subparagraph (B)(i)(II) for 
                which the local educational agency concerned 
                cannot make the certification otherwise 
                required by that subparagraph may seek a waiver 
                of that subparagraph if State or local 
                procurement rules or regulations or competitive 
                bidding requirements prevent the making of the 
                certification otherwise required by that 
                subparagraph. The local educational agency 
                concerned shall notify the Secretary of the 
                applicability of that subparagraph to the 
                school. Such notice shall certify that the 
                school will be brought into compliance with the 
                requirements in subsection (a) before the start 
                of the third program year after December 21, 
                2000, in which the school is applying for funds 
                under this part.
    [(c) Disabling During Certain Use.--An administrator, 
supervisor, or person authorized by the responsible authority 
under subsection (a) may disable the technology protection 
measure concerned to enable access for bona fide research or 
other lawful purposes.
    [(d) Noncompliance.--
            [(1) Use of general education provisions act 
        remedies.--Whenever the Secretary has reason to believe 
        that any recipient of funds under this part is failing 
        to comply substantially with the requirements of this 
        section, the Secretary may--
                    [(A) withhold further payments to the 
                recipient under this part;
                    [(B) issue a complaint to compel compliance 
                of the recipient through a cease and desist 
                order; or
                    [(C) enter into a compliance agreement with 
                a recipient to bring it into compliance with 
                such requirements,
        in same manner as the Secretary is authorized to take 
        such actions under sections 455, 456, and 457, 
        respectively, of the General Education Provisions Act.
            [(2) Recovery of funds prohibited.--The actions 
        authorized by paragraph (1) are the exclusive remedies 
        available with respect to the failure of a school to 
        comply substantially with a provision of this section, 
        and the Secretary shall not seek a recovery of funds 
        from the recipient for such failure.
            [(3) Recommencement of payments.--Whenever the 
        Secretary determines (whether by certification or other 
        appropriate evidence) that a recipient of funds who is 
        subject to the withholding of payments under paragraph 
        (1)(A) has cured the failure providing the basis for 
        the withholding of payments, the Secretary shall cease 
        the withholding of payments to the recipient under that 
        paragraph.
    [(e) Definitions.--In this subpart:
            [(1) Computer.--The term ``computer'' includes any 
        hardware, software, or other technology attached or 
        connected to, installed in, or otherwise used in 
        connection with a computer.
            [(2) Access to internet.--A computer shall be 
        considered to have access to the Internet if such 
        computer is equipped with a modem or is connected to a 
        computer network that has access to the Internet.
            [(3) Acquisition or operation.--An elementary 
        school or secondary school shall be considered to have 
        received funds under this part for the acquisition or 
        operation of any computer if such funds are used in any 
        manner, directly or indirectly--
                    [(A) to purchase, lease, or otherwise 
                acquire or obtain the use of such computer; or
                    [(B) to obtain services, supplies, 
                software, or other actions or materials to 
                support, or in connection with, the operation 
                of such computer.
            [(4) Minor.--The term ``minor'' means an individual 
        who has not attained the age of 17.
            [(5) Child pornography.--The term ``child 
        pornography'' has the meaning given that term in 
        section 2256 of title 18, United States Code.
            [(6) Harmful to minors.--The term ``harmful to 
        minors'' means any picture, image, graphic image file, 
        or other visual depiction that--
                    [(A) taken as a whole and with respect to 
                minors, appeals to a prurient interest in 
                nudity, sex, or excretion;
                    [(B) depicts, describes, or represents, in 
                a patently offensive way with respect to what 
                is suitable for minors, an actual or simulated 
                sexual act or sexual contact, actual or 
                simulated normal or perverted sexual acts, or a 
                lewd exhibition of the genitals; and
                    [(C) taken as a whole, lacks serious 
                literary, artistic, political, or scientific 
                value as to minors.
            [(7) Obscene.--The term ``obscene'' has the meaning 
        applicable to that term under section 1460 of title 18, 
        United States Code.
            [(8) Sexual act and sexual contact.--The terms 
        ``sexual act'' and ``sexual contact'' have the meanings 
        given those terms in section 2246 of title 18, United 
        States Code.
    [(f) Severability.--If any provision of this section is 
held invalid, the remainder of this section shall not be 
affected thereby.]

 TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, 
                  PRINCIPALS, AND OTHER SCHOOL LEADERS

SEC. 2001. PURPOSE.

    The purpose of this title is to improve student academic 
achievement by--
            (1) increasing the ability of local educational 
        agencies, schools, teachers, principals, and other 
        school leaders to provide a well-rounded and complete 
        education for all students;
            (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) ensuring that low-income and minority students 
        are served by effective teachers, principals, and other 
        school leaders and have access to a high-quality 
        instructional program.

SEC. 2002. DEFINITIONS.

    In this title:
            (1) School leader residency program.--The term 
        ``school leader residency program'' means a school-
        based principal, school leader, or principal and school 
        leader preparation program in which a prospective 
        principal or 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 research-based 
                        coursework that is integrated with the 
                        clinical residency experience; and
                            (ii) receives ongoing support from 
                        a mentor principal or 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) 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 a teacher evaluation system 
                implemented under part A (if applicable), 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 purposes of carrying out part A (other than section 2105), 
there are authorized to be appropriated such sums as may be 
necessary for each of fiscal years 2016 through 2021.
    (b) National Activities.--For the purposes of carrying out 
activities authorized under section 2105, there are authorized 
to be appropriated such sums as may be necessary for each of 
fiscal years 2016 through 2021.
    (c) Teacher and School Leader Incentive Fund.--For the 
purposes of carrying out part B, there are authorized to be 
appropriated such sums as may be necessary for each of fiscal 
years 2016 through 2021.
    (d) American History and Civics Education.--For the 
purposes of carrying out part C, there are authorized to be 
appropriated such sums as may be necessary for each of fiscal 
years 2016 through 2021.
    (e) Literacy Education for All, Results for the Nation.--
For the purposes of carrying out part D, there are authorized 
to be appropriated such sums as may be necessary for each of 
fiscal years 2016 through 2021.
    (f) STEM Instruction and Student Achievement.--For the 
purposes of carrying out part E, there are authorized to be 
appropriated such sums as may be necessary for each of fiscal 
years 2016 through 2021.

       PART A--FUND FOR THE IMPROVEMENT OF TEACHING AND LEARNING

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 2016 through 2021.--For 
                each of fiscal years 2016 through 2021, 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 2016 through 2021, 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 2015.
            (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) 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
                            (ii) 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.
                    (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 2022 and succeeding fiscal years.--
        For fiscal year 2022 and each of the succeeding fiscal 
        years, the Secretary shall allot funds appropriated 
        under section 2003(a) and not reserved under subsection 
        (a) to each State in accordance with paragraph (2).
            (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 Use of Funds.--
            (1) In general.--Except as provided for 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 and 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 activities 
        for principals and other school leaders described in 
        paragraph (4), if such reservation would not result in 
        a lower allocation to local educational agencies under 
        section 2102, as compared to such allocation for the 
        preceding fiscal year.
            (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, 
                        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 
                                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, principals, and 
                        other school leaders.
                            (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 demonstrates 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 highly 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 
                        highly effective teachers from 
                        underrepresented minority groups and 
                        teachers with disabilities, such as 
                        through--
                                    (I) opportunities for a 
                                cadre of effective teachers to 
                                lead evidence-based 
                                professional development for 
                                their peers;
                                    (II) career opportunities 
                                for teachers to grow as 
                                leaders, including hybrid roles 
                                that allow teachers to 
                                voluntarily serve as mentors or 
                                academic coaches while 
                                remaining in the classroom; and
                                    (III) 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) teacher advancement 
                                initiatives that promote 
                                professional growth and 
                                emphasize multiple career 
                                paths, such as school 
                                leadership, mentoring, 
                                involvement with school 
                                improvement, and instructional 
                                coaching;
                                    (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 evidence-
                                based and designed to--
                                            (aa) improve 
                                        classroom instruction 
                                        and student learning 
                                        and achievement;
                                            (bb) increase the 
                                        retention of effective 
                                        teachers, principals, 
                                        and other school 
                                        leaders;
                                            (cc) improve school 
                                        leadership to improve 
                                        classroom instruction 
                                        and student learning 
                                        and achievement; and
                                            (dd) provide 
                                        opportunities for 
                                        teachers, principals, 
                                        and other school 
                                        leaders who are 
                                        experienced, effective, 
                                        and have demonstrated 
                                        an ability to work with 
                                        adult learners to be 
                                        mentors.
                            (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
                                    (II) the development and 
                                support of other school 
                                leadership programs to develop 
                                educational leaders.
                            (ix) Supporting efforts to train 
                        teachers, principals, and other school 
                        leaders to effectively integrate 
                        technology into curricula and 
                        instruction, which may include blended 
                        learning projects that include an 
                        element of online learning, combined 
                        with supervised learning time and 
                        student-led learning, in which the 
                        elements are connected to provide an 
                        integrated learning experience.
                            (x) Providing training, technical 
                        assistance, and capacity-building to 
                        local educational agencies that receive 
                        a subgrant under this part.
                            (xi) Supporting teacher, principal, 
                        and other school leader residency 
                        programs.
                            (xii) Reforming or improving 
                        teacher, principal, and other school 
                        leader preparation programs.
                            (xiii) Supporting the instructional 
                        services provided by school librarians.
                            (xiv) Supporting other activities 
                        identified by the State that are 
                        evidence-based and that meet the 
                        purpose of this title.
    (d) 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, in such 
        manner, and containing such information as the 
        Secretary may reasonably require.
            (2) Contents.--Each plan 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, licensing, and professional 
                growth and improvement, such as clinical 
                experience for prospective educators, support 
                for new educators, professional development, 
                professional growth and leadership 
                opportunities, and compensation systems for 
                teachers, principals, and other educators.
                    (C) A description of how activities under 
                this part are aligned with challenging State 
                academic standards and State assessments under 
                section 1111, which may include, as 
                appropriate, relevant State early learning and 
                developmental guidelines, as required under 
                section 658E(c)(2)(T) of the Child Care and 
                Development Block Grant Act of 1990 (42 U.S.C. 
                9858c(c)(2)(T)).
                    (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, principals, and 
                other school leaders, a description of how such 
                funds will be used to meet the State's 
                commitment described in section 1111(c)(1)(F) 
                to ensure equitable access to effective 
                teachers, principals, and school leaders.
                    (F) 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.
                    (G) 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.
                    (H) 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 talented, and 
                students with low literacy levels, and provide 
                instruction based on the needs of such 
                students.
                    (I) A description of how the State will use 
                data and ongoing consultation with and input 
                from teachers and teacher organizations, 
                principals, other school leaders, specialized 
                instructional support personnel, parents, 
                community partners, and (where applicable) 
                institutions of higher education, to 
                continually update and improve the activities 
                supported under this part.
            (3) Consultation.--In developing the State plan 
        under this subsection, a State shall--
                    (A) involve teachers, teacher 
                organizations, principals, other school 
                leaders, specialized instructional support 
                personnel, 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; and
                    (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.
    (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 school leader 
        evaluation systems.
            (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 Agencies.--
            (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) Administrative costs.--Of the amounts allocated 
        to a local educational agency under paragraph (2), the 
        local educational agency may use not more than 2 
        percent for the direct administrative costs of carrying 
        out its responsibilities under this part.
            (4) Rule of construction.--Nothing in this section 
        shall be construed to prohibit a consortium of local 
        educational agencies that are designated with a school 
        locale code of 41, 42, or 43, or such local educational 
        agencies designated with a school locale code of 41, 
        42, or 43 that work in cooperation with an educational 
        service agency, from voluntarily combining allocations 
        received under this part for the collective use of 
        funding by the consortium for activities under this 
        section.
    (b) Local Applications.--
            (1) In general.--To be eligible to receive a 
        subgrant under this section, a local educational agency 
        shall conduct a needs assessment described in paragraph 
        (2) and 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) Needs assessment.--
                    (A) In general.--To be eligible to receive 
                a subgrant under this section, a local 
                educational agency shall periodically conduct a 
                comprehensive needs assessment of the local 
                educational agency and of all schools served by 
                the local educational agency.
                    (B) Requirements.--The needs assessment 
                under subparagraph (A) shall be designed to 
                determine the schools with the most acute 
                staffing needs related to--
                            (i) increasing the number of 
                        teachers, principals, and other school 
                        leaders who are effective in improving 
                        student academic achievement;
                            (ii) ensuring that low-income and 
                        minority students are not 
                        disproportionately served by 
                        ineffective teachers, principals, and 
                        other school leaders;
                            (iii) ensuring that low-income and 
                        minority students have access to a 
                        high-quality instructional program and 
                        appropriate class sizes that are 
                        evidence-based;
                            (iv) hiring, retention, and 
                        advancement and leadership 
                        opportunities for effective teachers, 
                        principals, and other school leaders;
                            (v) supporting and developing all 
                        educators, including preschool, 
                        kindergarten, elementary, middle, or 
                        high school teachers (including special 
                        education teachers), principals, other 
                        school leaders, early childhood 
                        directors, specialized instructional 
                        support personnel, paraprofessionals, 
                        or other staff members who provide or 
                        directly support instruction;
                            (vi) understanding and using data 
                        and assessments to improve student 
                        learning and classroom practice;
                            (vii) improving student behavior, 
                        including the response of teachers, 
                        principals, and other school leaders to 
                        student behavior, in the classroom and 
                        school, including the identification of 
                        early and appropriate interventions, 
                        which may include positive behavioral 
                        interventions and supports;
                            (viii) teaching students who are 
                        English learners, children who are in 
                        early childhood education programs, 
                        children with disabilities, American 
                        Indian children, Alaskan Native 
                        children, and gifted and talented 
                        students;
                            (ix) ensuring funds are used to 
                        support schools served by the local 
                        educational agency that are identified 
                        under section 1114(a)(1)(A) and schools 
                        with high percentages or numbers of 
                        children counted under section 1124(c);
                            (x) improving the academic and non-
                        academic skills of all students 
                        essential for learning readiness and 
                        academic success; and
                            (xi) any other evidence-based 
                        factors that the local educational 
                        agency determines are appropriate to 
                        meet the needs of schools within the 
                        jurisdiction of the local educational 
                        agency and meet the purpose of this 
                        title.
            (3) Consultation.--
                    (A) In general.--In conducting a needs 
                assessment described in paragraph (2), a local 
                educational agency shall--
                            (i) involve teachers, teacher 
                        organizations, principals, and other 
                        school leaders, specialized 
                        instructional support personnel, 
                        parents, community partners, and others 
                        with relevant and demonstrated 
                        expertise in programs and activities 
                        designed to meet the purpose of this 
                        title; and
                            (ii) take into account the 
                        activities that need to be conducted in 
                        order to give teachers, principals, and 
                        other school leaders the skills to 
                        provide students with the opportunity 
                        to meet challenging State academic 
                        standards described in section 
                        1111(b)(1).
                    (B) Continued consultation.--A local 
                educational agency receiving a subgrant under 
                this section shall consult with such 
                individuals and organizations described in 
                subparagraph (A) on an ongoing basis in order 
                to--
                            (i) seek advice regarding how best 
                        to improve the local educational 
                        agency's activities to meet the purpose 
                        of this title; and
                            (ii) coordinate the local 
                        educational agency's activities under 
                        this part with other related 
                        strategies, programs, and activities 
                        being conducted in the community.
            (4) Contents of application.--Each application 
        submitted under paragraph (1) shall be based on the 
        results of the needs assessment required under 
        paragraph (2) and shall include the following:
                    (A) A description of the results of the 
                comprehensive needs assessment carried out 
                under paragraph (2).
                    (B) 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 described in section 
                1111(b)(1).
                    (C) A description of how such activities 
                will comply with the principles of 
                effectiveness described in section 2103(c).
                    (D) A description of the activities, 
                including professional development, that will 
                be made available to meet needs identified by 
                the needs assessment described in paragraph 
                (2).
                    (E) A description of the local educational 
                agency's systems of hiring and professional 
                growth and improvement, such as induction for 
                teachers, principals, and other school leaders.
                    (F) A description of how the local 
                educational agency will support efforts to 
                train teachers, principals, and other school 
                leaders to effectively integrate technology 
                into curricula and instruction.
                    (G) A description of how the local 
                educational agency will prioritize funds to 
                schools served by the agency that are 
                identified under section 1114(a)(1)(A) and have 
                the highest percentage or number of children 
                counted under section 1124(c).
                    (H) Where a local educational agency has a 
                significant number of schools identified under 
                section 1114(a)(1)(A), as determined by the 
                State, a description of how the local 
                educational agency will seek the input of the 
                State educational agency in planning and 
                implementing activities under this part.
                    (I) An assurance that the local educational 
                agency will comply with section 9501 (regarding 
                participation by private school children and 
                teachers).
                    (J) 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.

SEC. 2103. LOCAL USE 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, evidence-based programs and activities described 
in subsection (b), which may be carried out through a grant or 
contract with a for-profit or nonprofit entity, in partnership 
with an institution of higher education, or in partnership with 
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) Types of Activities.--The activities described in this 
subsection--
            (1) shall meet the needs identified in the needs 
        assessment described in section 2102(b)(2);
            (2) shall be in accordance with the purpose of this 
        title, evidence-based, and consistent with the 
        principles of effectiveness described in subsection 
        (c);
            (3) shall address the learning needs of all 
        students, including children with disabilities, English 
        learners, and gifted and talented students; and
            (4) 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 educator 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 
                highly 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;
                                    (III) improve school 
                                leadership to improve classroom 
                                instruction and student 
                                learning and achievement; and
                                    (IV) provide opportunities 
                                for mentor teachers, 
                                principals, and other educators 
                                who are experienced, effective, 
                                and have demonstrated an 
                                ability to work with adult 
                                learners;
                            (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) 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;
                    (D) reducing class size to an evidence-
                based level to improve student achievement 
                through the recruiting and hiring of additional 
                effective teachers;
                    (E) providing high-quality, 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;
                            (ii) use data from such technology 
                        to improve student achievement;
                            (iii) effectively engage parents, 
                        families and community partners, and 
                        coordinate services between school and 
                        community; and
                            (iv) help all students develop the 
                        academic and nonacademic skills 
                        essential for learning readiness and 
                        academic success;
                    (F) 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);
                    (G) providing programs and activities to 
                increase the knowledge base of teachers and 
                principals on instruction in the early grades, 
                and strategies to measure whether young 
                children are progressing, which may include 
                providing joint professional learning 
                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 and 
                school leaders with selecting and implementing 
                formative assessments, designing classroom-
                based assessments, and in 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) supporting teacher, principal, and 
                school leader residency programs;
                    (J) reforming or improving teacher, 
                principal, and other school leader preparation 
                programs;
                    (K) carrying out in-service training for 
                school personnel in--
                            (i) the techniques and supports 
                        needed for early identification of 
                        children with trauma histories, 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;
                    (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 early 
                entrance to kindergarten, enrichment, 
                acceleration, and curriculum compacting 
                activities, and dual enrollment in secondary 
                school and postsecondary education;
                    (M) supporting the instructional services 
                provided by school librarians;
                    (N) providing general liability insurance 
                coverage for teachers related to actions 
                performed in the scope of their duties; and
                    (O) carrying out other evidence-based 
                activities identified by the local educational 
                agencies that meet the purpose of this title.
    (c) Principles of Effectiveness.--
            (1) In general.--For a program or activity 
        supported with funds provided under this part to meet 
        the principles of effectiveness, such program or 
        activity shall--
                    (A) be based upon an assessment of 
                objective data regarding the need for programs 
                and activities in the schools to be served to--
                            (i) increase the number of 
                        teachers, principals, and other school 
                        leaders who are effective in improving 
                        student academic achievement;
                            (ii) ensure that low-income and 
                        minority students are served by 
                        effective teachers, principals, and 
                        other school leaders; and
                            (iii) ensure that low-income and 
                        minority students have access to a 
                        high-quality instructional program;
                    (B) be based upon established and evidence-
                based criteria--
                            (i) aimed at ensuring that all 
                        students receive a high-quality 
                        education taught by effective teachers 
                        and attend schools led by effective 
                        principals and other school leaders; 
                        and
                            (ii) that result in improved 
                        student academic achievement in the 
                        school served by the program or 
                        activity; and
                    (C) include meaningful and ongoing 
                consultation with and input from teachers, 
                teacher organizations, principals, other school 
                leaders, specialized instructional support 
                personnel, parents, community partners, and 
                (where applicable) institutions of higher 
                education, in the development of the 
                application and administration of the program 
                or activity.
            (2) Periodic evaluation.--
                    (A) In general.--A program or activity 
                carried out under this section shall undergo a 
                periodic evaluation to assess its progress 
                toward achieving the goal of providing students 
                with a high-quality education, taught by 
                effective teachers, in schools led by effective 
                principals and school leaders that results in 
                improved student academic achievement.
                    (B) Use of results.--The results of an 
                evaluation described in subparagraph (A) shall 
                be--
                            (i) used to refine, improve, and 
                        strengthen the program or activity, and 
                        to refine the criteria described in 
                        paragraph (1)(B); and
                            (ii) made available to the public 
                        upon request, with public notice of 
                        such availability provided.
            (3) Prohibition.--Nothing in this subsection shall 
        be construed to authorize the Secretary or any other 
        officer or employee of the Federal Government to 
        mandate, direct, or control the principles of 
        effectiveness developed by local educational agencies 
        under paragraph (1) or the specific programs or 
        activities that will be implemented by a local 
        educational agency.

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) the number and percent of teachers, principals, 
        and other school leaders in the State and each local 
        educational agency in the State who are licensed or 
        certified, provided such information does not reveal 
        personally identifiable information;
            (2) the first-time passage rate of teachers and 
        principals in the State and each local educational 
        agency in the State on teacher and principal licensure 
        examinations, provided such information does not reveal 
        personally identifiable information;
            (3) a description of how chosen professional 
        development activities improved teacher and principal 
        performance; and
            (4) if funds are used under this part to improve 
        equitable access to teachers, principals, and other 
        school leaders for low-income and minority students, a 
        description of how funds have been used to improve such 
        access.
    (b) Local Educational Agency Report.--Each local 
educational agency receiving funds under this part shall submit 
to the State educational agency such information that 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.

SEC. 2105. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVENESS.

    (a) In General.--From the funds appropriated under section 
2003(b) to carry out this section, the Secretary--
            (1) may reserve not more than 20 percent to carry 
        out activities under subsection (b);
            (2) shall reserve not less than 40 percent to carry 
        out activities under subsection (c); and
            (3) shall reserve not less than 40 percent to carry 
        out activities under subsection (d).
    (b) Technical Assistance and National Evaluation.--From the 
funds reserved by the Secretary under subsection (a)(1), the 
Secretary may carry out--
            (1) technical assistance to States and local 
        educational agencies carrying out activities under this 
        part, which may be carried out directly or through 
        grants and contracts; and
            (2) evaluations of activities carried out by States 
        and local educational agencies under this part, which 
        shall be conducted by a third party or by the Institute 
        of Education Sciences.
    (c) Programs of National Significance.--
            (1) In general.--From the funds reserved by the 
        Secretary under subsection (a)(2), the Secretary shall 
        award grants, on a competitive basis, to eligible 
        entities for the purposes of--
                    (A) providing teachers, principals, and 
                other school leaders from nontraditional 
                preparation and certification routes or 
                pathways to serve in traditionally underserved 
                local educational agencies;
                    (B) providing evidence-based professional 
                development activities that addresses literacy, 
                numeracy, remedial, or other needs of local 
                educational agencies and the students the 
                agencies serve;
                    (C) 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
                    (D) providing teachers, principals, and 
                other school leaders with evidence-based 
                professional enhancement activities, which may 
                include activities that lead to an advanced 
                credential.
            (2) Program periods and diversity of projects.--
                    (A) In general.--A grant awarded by the 
                Secretary to an eligible entity under this 
                subsection shall be for a period of not more 
                than 3 years.
                    (B) Renewal.--The Secretary may renew a 
                grant awarded under this subsection for 1 
                additional 2-year period.
                    (C) Diversity of projects.--In awarding 
                grants under this subsection, 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) Limitation.--The Secretary shall not 
                award more than 1 grant under this subsection 
                to an eligible entity during a grant 
                competition.
            (3) Cost-sharing.--
                    (A) In general.--An eligible entity that 
                receives a grant under this subsection 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.
                    (B) Acceptable contributions.--An eligible 
                entity that receives a grant under this 
                subsection may meet the requirement of 
                subparagraph (A) by providing contributions in 
                cash or in-kind, fairly evaluated, including 
                plant, equipment, and services.
                    (C) Waivers.--The Secretary may waive or 
                modify the requirement of subparagraph (A) in 
                cases of demonstrated financial hardship.
            (4) Applications.--In order to receive a grant 
        under this subsection, an eligible entity shall submit 
        an application to the Secretary at such time, in such 
        manner, and containing such information that 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.
            (5) Definition of eligible entity.--In this 
        subsection, the term ``eligible entity'' means--
                    (A) 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;
                    (B) a national nonprofit entity with a 
                demonstrated track 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; or
                    (C) a partnership consisting of--
                            (i) 1 or more entities described in 
                        subparagraph (A) or (B); and
                            (ii) a for-profit entity.
    (d) School Leader Recruitment and Support Programs.--
            (1) In general.--From the funds reserved by the 
        Secretary under subsection (a)(3), 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--
                    (A) 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 and school leader 
                residency programs;
                    (B) 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;
                    (C) developing or implementing programs for 
                recruiting, developing, and placing school 
                leaders to improve schools identified for 
                intervention and support under section 
                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;
                    (D) providing continuous professional 
                development for principals and other school 
                leaders in high-need schools;
                    (E) developing and disseminating 
                information on best practices and strategies 
                for effective school leadership in high-need 
                schools; and
                    (F) other evidence-based programs or 
                activities described in section 2101(c)(3) or 
                section 2103(b)(4) focused on principals and 
                other school leaders in high-need schools.
            (2) Program periods and diversity of projects.--
                    (A) In general.--A grant awarded by the 
                Secretary to an eligible entity under this 
                subsection shall be for a period of not more 
                than 5 years.
                    (B) Renewal.--The Secretary may renew a 
                grant awarded under this subsection for 1 
                additional 2-year period.
                    (C) Diversity of projects.--In awarding 
                grants under this subsection, 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) Limitation.--The Secretary shall not 
                award more than 1 grant under this subsection 
                to an eligible entity during a grant 
                competition.
            (3) Cost-sharing.--
                    (A) In general.--An eligible entity that 
                receives a grant under this subsection 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.
                    (B) Acceptable contributions.--An eligible 
                entity that receives a grant under this 
                subsection may meet the requirement of 
                subparagraph (A) by providing contributions in 
                cash or in-kind, fairly evaluated, including 
                plant, equipment, and services.
                    (C) Waivers.--The Secretary may waive or 
                modify the requirement of subparagraph (A) in 
                cases of demonstrated financial hardship.
            (4) Applications.--An eligible entity that desires 
        a grant under this subsection shall submit to the 
        Secretary an application at such time, in such manner, 
        and accompanied by such information as the Secretary 
        may require.
            (5) Priority.--In awarding grants under this 
        subsection, the Secretary shall give priority to an 
        eligible entity 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.
            (6) Definitions.--In this subsection--
                    (A) the term ``eligible entity'' means--
                            (i) a local educational agency, 
                        including an educational service 
                        agency, that serves a high-need school 
                        or a consortium of such agencies;
                            (ii) a State educational agency or 
                        a consortium of such agencies;
                            (iii) a State educational agency in 
                        partnership with 1 or more local 
                        educational agencies or educational 
                        service agencies that serve a high-need 
                        school; or
                            (iv) an entity described in clause 
                        (i), (ii), or (iii) in partnership with 
                        1 or more nonprofit organizations or 
                        institutions of higher education; and
                    (B) the term ``high-need school'' means--
                            (i) an elementary school in which 
                        not less than 50 percent of the 
                        enrolled students are from families 
                        with incomes below the poverty line; or
                            (ii) a high school in which not 
                        less than 40 percent of the enrolled 
                        students are from families with incomes 
                        below the poverty line.

SEC. 2106. 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.

          PART B--TEACHER AND SCHOOL LEADER INCENTIVE PROGRAM

SEC. 2201. PURPOSES; DEFINITIONS.

    (a) Purposes.--The purposes of this part 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 part:
            (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 part; or
                    (C) a partnership consisting of--
                            (i) 1 or more agencies described in 
                        subparagraph (A) or (B); and
                            (ii) at least 1 nonprofit or for-
                        profit entity.
            (2) High-need local educational agency.--The term 
        ``high-need local educational agency'' means a local 
        educational agency, public charter school, or charter 
        management organization--
                    (A) that serves not fewer than 10,000 
                children from families with incomes below the 
                poverty line; or
                    (B) for which not less than 20 percent of 
                the children served by the agency, school, or 
                organization are from families with incomes 
                below the poverty line.
            (3) 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.
            (4) 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.
            (5) 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 employment 
                        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. 2202. TEACHER AND SCHOOL LEADER INCENTIVE FUND GRANTS.

    (a) Grants Authorized.--From the amounts appropriated to 
carry out this part, 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 part 
        shall be for a period of not more than 3 years.
            (2) Renewal.--The Secretary may renew a grant 
        awarded under this part 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 part only 
        twice, as of the date of enactment of the Every Child 
        Achieves Act of 2015.
    (c) Applications.--An eligible entity desiring a grant 
under this part shall submit an application to the Secretary, 
at such time, in such manner, and containing such information 
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 pressing 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;
            (4) a description of how the eligible entity will 
        develop and implement a fair, rigorous, valid, 
        reliable, and objective process to evaluate teacher, 
        principal, school leader, and student 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 quality 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 quality of teachers, principals, and other 
        school leaders in a high-need school;
            (7) a description of how the eligible entity will 
        use grant funds under this part 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 how the proposed activities 
        are rational and evidence-based and, 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 part will be evaluated, monitored, and publically 
        reported.
    (d) Award Basis.--
            (1) Priority.--In awarding a grant under this part, 
        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 part, 
        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 part 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 part.
            (2) Authorized activities.--Grant funds under this 
        part may be used for 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, 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;
                            (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) Paying, 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 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 teachers; or
                            (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 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 part 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 part shall be used to supplement, not supplant, other 
Federal or State funds available to carry out activities 
described in this part.

SEC. 2203. 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 part, including--
            (1) information on eligible entities that received 
        grant funds under this part, including--
                    (A) information provided by eligible 
                entities to the Secretary in the applications 
                submitted under section 2202(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 under section 2003(c) for this part 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 part.
            (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 part.
            (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 teachers, 
                principals, and other school leaders, 
                especially in high-need subject areas.

             PART C--AMERICAN HISTORY AND CIVICS EDUCATION.

SEC. 2301. PROGRAM AUTHORIZED.

    (a) In General.--From amounts appropriated to carry out 
this part, 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 teaching American history, 
        civics, and government in elementary schools and 
        secondary schools, including the teaching of 
        traditional American history.
    (b) Funding Allotment.--From amounts made available under 
section 2305 for a fiscal year, the Secretary shall--
            (1) reserve not more than 85 percent for activities 
        under section 2302;
            (2) reserve not more than 10 percent for activities 
        under section 2303; and
            (3) reserve not more than 5 percent for activities 
        under section 2304.

SEC. 2302. TEACHING OF TRADITIONAL AMERICAN HISTORY.

    (a) In General.--From the amounts reserved by the Secretary 
under section 2301(b)(1), the Secretary shall award grants, on 
a competitive basis, to local educational agencies--
            (1) to carry out activities to promote the teaching 
        of traditional American history in elementary schools 
        and secondary schools as a separate academic subject 
        (not as a component of social studies); and
            (2) for the development, implementation, and 
        strengthening of programs to teach traditional American 
        history as a separate academic subject (not as a 
        component of social studies) within elementary school 
        and secondary school curricula, including the 
        implementation of activities--
                    (A) to improve the quality of instruction; 
                and
                    (B) to provide professional development and 
                teacher education activities with respect to 
                American history.
    (b) Required Partnership.--A local educational agency that 
receives a grant under subsection (a) shall carry out 
activities under the grant in partnership with 1 or more of the 
following:
            (1) An institution of higher education.
            (2) A nonprofit history or humanities organization.
            (3) A library or museum.
    (c) Application.--To be eligible to receive a grant under 
this section, a local educational agency shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may reasonably 
require.
    (d) Grant Terms.--Grants awarded under subsection (a) shall 
be for a term of not more than 5 years.

SEC. 2303. PRESIDENTIAL AND CONGRESSIONAL ACADEMIES FOR AMERICAN 
                    HISTORY AND CIVICS.

    (a) In General.--From the amounts reserved under section 
2301(b)(2), 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, 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.--
            (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. 2304. NATIONAL ACTIVITIES.

    (a) Purpose.--The purpose of this section is to promote 
innovative strategies to promote innovative history, civic, and 
geography instruction, learning strategies, and professional 
development activities and programs for teachers, principals, 
and other school leaders, particularly for low-income students 
in underserved areas.
    (b) In General.--From the funds reserved by the Secretary 
under section 2301(b)(3), the Secretary shall award grants, on 
a competitive basis, to eligible entities for the purposes of--
            (1) developing, implementing, evaluating and 
        disseminating for voluntary use, innovative, evidenced-
        based approaches to civic learning, geography, and 
        American history, which may include hands-on civic 
        engagement activities for teachers and low-income 
        students, that demonstrate innovation, scalability, 
        accountability, and a focus on underserved populations; 
        or
            (2) other innovative evidence-based approaches to 
        improving the quality of student achievement and 
        teaching of American history, civics, geography, and 
        government in elementary schools and secondary schools.
    (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, and containing such 
information that 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 for-profit organization with demonstrated 
expertise in the development of evidence-based approaches for 
improving the quality of American history, geography, and 
civics learning and teaching.

SEC. 2305. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
part such sums as may be necessary for fiscal years 2016 
through 2021.

      PART D--LITERACY EDUCATION FOR ALL, RESULTS FOR THE NATION.

SEC. 2401. PURPOSES; DEFINITIONS.

    (a) Purposes.--The purpose of this part is--
            (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 part:
            (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;
                    (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 
                section 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 share or 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 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 
                        identified under section 1114(a)(1)(A);
                    (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--
                            (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. 2402. COMPREHENSIVE LITERACY STATE DEVELOPMENT GRANTS.

    (a) Grants Authorized.--From the amounts appropriated to 
carry out this part and not reserved under subsection (b), the 
Secretary shall award grants, on a competitive basis, to States 
to enable the States 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 appropriated to carry 
out this part 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 part 
        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 part.
    (c) Duration of Grants.--A grant awarded under this part 
shall be awarded for a period of not more than 5 years. 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 part 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 pressing gaps in literacy 
                proficiency and inequities in student access to 
                effective teachers of literacy, considering 
                each of the categories of students, as defined 
                in section 1111(b)(3)(A).
                    (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 shall give priority in awarding a 
                subgrant under section 2403 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) consists of a local 
                        educational agency serving a high 
                        number or percentage of high-need 
                        schools.
    (e) 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, statewide 
                educational and professional organizations 
                representing teachers, and statewide 
                educational and professional organizations 
                representing 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 part.

SEC. 2403. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT LITERACY FOR 
                    CHILDREN FROM BIRTH THROUGH KINDERGARTEN ENTRY.

    (a) Subgrants.--
            (1) In general.--A State educational agency 
        receiving a grant under this part 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 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; and
            (5) such other information as the State educational 
        agency may require.
    (c) 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 high-quality early childhood education 
        literacy initiatives; and
            (3) coordinate the involvement of families, early 
        childhood education program staff, principals, other 
        school leaders, and teachers in literacy development of 
        children served under the subgrant.

SEC. 2404. 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 part 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).
            (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 high-quality 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, 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 core academic subjects.
                    (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) 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 
                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, 
        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, and school librarians 
        in the literacy development of children served under 
        this subsection.
            (5) Engaging families and encouraging family 
        literacy experiences and practices to support literacy 
        development.
    (c) 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 
        (b)(1) for children in grades 6 through 12.
            (2) Training principals, specialized instruction 
        support personnel, 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 in core academic 
        subjects, and career and technical education subjects 
        where such career and technical education subjects 
        provide for the integration of core academic subjects.
            (4) Providing time for teachers to meet to plan 
        research-based adolescent comprehensive literacy 
        instruction in core academic subjects, and career and 
        technical education subjects where such career and 
        technical education subjects provide for the 
        integration of core academic subjects.
            (5) Coordinating the involvement of principals, 
        other instructional leaders, teachers, teacher literacy 
        teams, English as a second language specialists (as 
        appropriate), paraprofessionals, special educators, and 
        school librarians in the literacy development of 
        children served under this subsection.
    (d) 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.
            (2) Connecting out-of-school learning opportunities 
        to in-school 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) to 
        meet to plan comprehensive literacy instruction.

SEC. 2405. NATIONAL EVALUATION AND INFORMATION DISSEMINATION.

    (a) National Evaluation.--From funds reserved under section 
2402(b)(1), the Director of the Institute of Education Sciences 
shall conduct a national evaluation of the grant and subgrant 
programs assisted under this part. 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; and
            (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.

SEC. 2406. 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.

  PART E--IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 
                  INSTRUCTION AND STUDENT ACHIEVEMENT

SEC. 2501. PURPOSE.

    The purpose of this part is to improve student academic 
achievement in science, technology, engineering, and 
mathematics, including computer science, by--
            (1) improving instruction in such subjects through 
        grade 12;
            (2) improving student engagement in, and increasing 
        student access to, such subjects;
            (3) improving the quality and effectiveness of 
        classroom instruction by recruiting, training, and 
        supporting highly rated teachers and providing robust 
        tools and supports for students and teachers in such 
        subjects; and
            (4) closing student achievement gaps, and preparing 
        more students to be college and career ready, in such 
        subjects.

SEC. 2502. DEFINITIONS.

    In this part:
            (1) Eligible subgrantee.--The term ``eligible 
        subgrantee'' means--
                    (A) a high-need local educational agency;
                    (B) an educational service agency serving 
                more than 1 high-need local educational agency;
                    (C) a consortium of high-need local 
                educational agencies; or
                    (D) an entity described in subparagraph (A) 
                or (C) of paragraph (2) that has signed a 
                memorandum of agreement with an entity 
                described in subparagraph (A), (B), or (C) of 
                this paragraph to implement the requirements of 
                this part in partnership with such entity.
            (2) Outside partner.--The term ``outside partner'' 
        means an entity that has expertise and a demonstrated 
        record of success in improving student learning and 
        engagement in the identified subjects described in 
        section 2504(b)(2), including any of the following:
                    (A) A nonprofit or community-based 
                organization, which may include a cultural 
                organization, such as a museum or learning 
                center.
                    (B) A business.
                    (C) An institution of higher education.
                    (D) An educational service agency.
            (3) STEM master teacher corps.--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 
        mathematic teachers, particularly in high-need and 
        rural schools, by offering such teachers additional 
        compensation, instructional resources, and 
        instructional leadership roles.

SEC. 2503. GRANTS; ALLOTMENTS.

    (a) In General.--From amounts made available to carry out 
this part for a fiscal year, the Secretary shall award grants 
to State educational agencies, through allotments described in 
subsection (b), to enable State educational agencies to carry 
out the activities described in section 2505.
    (b) Distribution of Funds.--
            (1) In general.--Subject to paragraph (2), for each 
        fiscal year, the Secretary shall allot to each State--
                    (A) an amount that bears the same 
                relationship to 35 percent of the amount 
                available to carry out this part for such year, 
                as the number of individuals ages 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
                    (B) an amount that bears the same 
                relationship to 65 percent of the amount 
                available to carry out this part for such year 
                as the number of individuals ages 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.
            (2) Funding minimum.--No State receiving an 
        allotment under this subsection may receive less than 
        one-half of 1 percent of the total amount allotted 
        under paragraph (1) for a fiscal year.
    (c) Reallotment of Unused Funds.--If a State does not 
successfully apply for an allotment under this part, the 
Secretary shall reallot the amount of the State's allotment to 
the remaining States in accordance with this section.

SEC. 2504. APPLICATIONS.

    (a) In General.--Each State desiring an allotment under 
section 2503(b) shall submit an application to the Secretary at 
such time, in such manner, and accompanied by such information 
as the Secretary may require.
    (b) Contents.--At a minimum, an application submitted under 
subsection (a) shall include the following:
            (1) A description of the needs, including assets, 
        identified by the State educational agency based on a 
        State analysis, which shall include--
                    (A) an analysis of science, technology, 
                engineering, and mathematics education quality 
                and outcomes in the State, which may include 
                results from a pre-existing analysis;
                    (B) labor market information regarding the 
                industry and business workforce needs within 
                the State; and
                    (C) an analysis of the quality of pre-
                service preparation at all public institutions 
                of higher education (including alternative 
                pathways to teacher licensure or certification) 
                for individuals preparing to teach science, 
                technology, engineering, and mathematics 
                subjects in the State.
            (2) An identification of the specific subjects that 
        the State educational agency will address through the 
        activities described in section 2505, consistent with 
        the needs identified under paragraph (1) (referred to 
        in this part as `'identified subjects'').
            (3) A description, in a manner that addresses any 
        needs identified under paragraph (1), of--
                    (A) how grant funds will be used by the 
                State educational agency to improve instruction 
                in the identified subjects;
                    (B) the process that the State educational 
                agency will use for awarding subgrants, 
                including how relevant stakeholders will be 
                involved;
                    (C) how the State's proposed project will 
                ensure an increase in access for students who 
                are members of groups underrepresented in 
                science, technology, engineering, and 
                mathematics subject fields to high-quality 
                courses in 1 or more of the identified 
                subjects; and
                    (D) how the State educational agency will 
                continue to involve stakeholders in education 
                reform efforts related to science, technology, 
                engineering, and mathematics instruction.

SEC. 2505. AUTHORIZED ACTIVITIES.

    (a) Required Activities.--Each State educational agency 
that receives an allotment under this part shall use the grant 
funds reserved under subsection (d)(2) to carry out each of the 
following activities:
            (1) Increasing access for students through grade 12 
        who are members of groups underrepresented in science, 
        technology, engineering, and mathematics subject fields 
        to high-quality courses in the identified subjects.
            (2) Implementing evidence-based programs of 
        instruction based on high-quality standards and 
        assessments in the identified subjects.
            (3) Providing professional development and other 
        comprehensive systems of support for teachers and 
        school leaders to promote high-quality instruction and 
        instructional leadership in the identified subjects.
    (b) Permissible Activities.--Each State educational agency 
that receives an allotment under this part may use the grant 
funds reserved under subsection (d)(2) to carry out 1 or more 
of the following activities:
            (1) Recruiting qualified teachers and instructional 
        leaders who are trained in identified subjects, 
        including teachers who have transitioned into the 
        teaching profession from a careers in the science, 
        technology, engineering, and mathematics fields.
            (2) Providing induction and mentoring services to 
        new teachers in identified subjects.
            (3) Developing instructional supports for 
        identified subjects, such as curricula and assessments, 
        which shall be evidence-based and aligned with 
        challenging State academic standards under section 
        1111(b)(1).
            (4) Supporting the development of a State-wide STEM 
        master teacher corps.
    (c) Subgrants.--
            (1) In general.--Each State educational agency that 
        receives a grant under this part shall use the amounts 
        not reserved under subsection (d) to award subgrants, 
        on a competitive basis, to eligible subgrantees to 
        enable the eligible subgrantees to carry out the 
        activities described in paragraph (4).
            (2) Minimum subgrant.--A State educational agency 
        shall award subgrants under this subsection that are of 
        sufficient size and scope to support high-quality, 
        evidence-based, effective programs that are consistent 
        with the purpose of this part.
            (3) Subgrantee application.--
                    (A) In general.--Each eligible subgrantee 
                desiring a subgrant under this subsection shall 
                submit an application to the State educational 
                agency at such time, in such manner, and 
                accompanied by such information as the State 
                educational agency may require.
                    (B) Contents of subgrantee application.--At 
                a minimum, the application described in 
                subparagraph (A) shall include the following:
                            (i) A description of the activities 
                        that the eligible subgrantee will carry 
                        out, and how such activities will 
                        improve teaching and student academic 
                        achievement in the State's identified 
                        subjects, in a manner consistent with 
                        scientifically valid research.
                            (ii) A description of how the 
                        eligible subgrantee will use funds 
                        provided under this subsection to serve 
                        students and teachers in high-need 
                        schools.
                            (iii) A description of how funds 
                        provided under this subsection will be 
                        coordinated with other Federal, State, 
                        and local programs and activities, 
                        including career and technical 
                        education programs authorized under the 
                        Carl D. Perkins Career and Technical 
                        Education Act of 2006.
                            (iv) If the eligible subgrantee is 
                        working with outside partners, a 
                        description of how such outside 
                        partners will be involved in improving 
                        instruction and increasing access to 
                        high-quality learning experiences in 
                        the State's identified subjects.
            (4) Subgrantee use of funds.--
                    (A) Required use of funds.--Each subgrantee 
                under this subsection shall use the subgrant 
                funds to carry out activities for students 
                through grade 12, as described in the 
                subgrantee's application, which shall include--
                            (i) high-quality teacher and 
                        instructional leader recruitment, 
                        support, and evaluation in the State's 
                        identified subjects;
                            (ii) professional development, 
                        which may include development and 
                        support for instructional coaches, to 
                        enable teachers and instructional 
                        leaders to increase student achievement 
                        in identified subjects;
                            (iii) activities to--
                                    (I) improve the content 
                                knowledge of teachers in the 
                                State's identified subjects;
                                    (II) facilitate 
                                professional collaboration, 
                                which may include providing 
                                time for such collaborations; 
                                and
                                    (III) improve the 
                                integration of informal and 
                                after school programs that 
                                target the identified subjects, 
                                with classroom instruction; and
                            (iv) the development, adoption, and 
                        improvement of high-quality curricula 
                        and instructional supports that--
                                    (I) are aligned with the 
                                challenging State academic 
                                standards under section 
                                1111(b)(1); and
                                    (II) the eligible 
                                subgrantee will use to improve 
                                student academic achievement in 
                                the identified subjects.
                    (B) Allowable use of funds.--In addition to 
                the required activities described in 
                subparagraph (A), each eligible subgrantee that 
                receives a subgrant under this subsection may 
                also use the subgrant funds to--
                            (i) support the participation of 
                        low-income students in nonprofit 
                        competitions related to science, 
                        technology, engineering, and 
                        mathematics subjects (such as robotics, 
                        science research, invention, 
                        mathematics, computer science, and 
                        technology competitions);
                            (ii) broaden secondary school 
                        students' access to, and interest in, 
                        careers that require academic 
                        preparation in 1 or more identified 
                        subjects; and
                            (iii) broaden secondary school 
                        students' access to early college high 
                        schools, dual enrollment, or concurrent 
                        enrollment courses in science, 
                        technology, engineering, and 
                        mathematics subjects, including 
                        providing professional development to 
                        teachers and leaders related to this 
                        work.
                    (C) Matching funds.--A State may require an 
                eligible subgrantee receiving a subgrant under 
                this subsection to demonstrate that such 
                subgrantee has obtained a commitment from 1 or 
                more outside partners to match, using non-
                Federal funds, a portion of the amount of 
                subgrant funds, in an amount determined by the 
                State.
    (d) State Activities.--
            (1) In general.--Each State educational agency that 
        receives an allotment under this part may use not more 
        than 5 percent of grant funds for--
                    (A) administrative costs;
                    (B) monitoring the implementation of 
                subgrants;
                    (C) providing technical assistance to 
                eligible subgrantees; and
                    (D) evaluating subgrants in coordination 
                with the evaluation described in section 
                2506(c).
            (2) Reservation.--Each State educational agency 
        that receives an allotment under this part shall 
        reserve not less than 15 and not more than 20 percent 
        of grant funds, inclusive of the amount described in 
        paragraph (1), for additional State activities, 
        consistent with subsections (a) and (b).

SEC. 2506. PERFORMANCE METRICS; REPORT; EVALUATION.

    (a) Establishment of Performance Metrics.--The Secretary, 
acting through the Director of the Institute of Education 
Sciences, shall establish performance metrics to evaluate the 
effectiveness of the activities carried out under this part.
    (b) Annual Report.--Each State educational agency that 
receives an allotment under this part shall prepare and submit 
an annual report to the Secretary, which shall include 
information relevant to the performance metrics described in 
subsection (a).
    (c) Evaluation.--The Secretary shall--
            (1) acting through the Director of the Institute of 
        Education Sciences, and in consultation with the 
        Director of the National Science Foundation--
                    (A) evaluate the implementation and impact 
                of the activities supported under this part, 
                including progress measured by the metrics 
                established under subsection (a);
                    (B) identify best practices to improve 
                instruction in science, technology, 
                engineering, and mathematics subjects; and
                    (C) ensure that the Department is taking 
                appropriate action to avoid unnecessary 
                duplication of efforts between the activities 
                being supported under this part and other 
                programmatic activities supported by the 
                Department or by other Federal agencies; and
            (2) disseminate, in consultation with the National 
        Science Foundation, research on best practices to 
        improve instruction in science, technology, 
        engineering, and mathematics subjects.

SEC. 2507. SUPPLEMENT NOT SUPPLANT.

    Funds received under this part shall be used to supplement, 
and not supplant, funds that would otherwise be used for 
activities authorized under this part.

                       PART F--GENERAL PROVISIONS

SEC. 2601. 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 [LIMITED ENGLISH PROFICIENT]ENGLISH 
                    LEARNERS AND IMMIGRANT STUDENTS

[SEC. 3001. AUTHORIZATIONS OF APPROPRIATIONS; CONDITION ON 
                    EFFECTIVENESS OF PARTS.

    [(a) Authorizations of Appropriations.--
            [(1) In general.--Subject to subsection (b), there 
        are authorized to be appropriated to carry out this 
        title, except for subpart 4 of part B, $750,000,000 for 
        fiscal year 2002 and such sums as may be necessary for 
        each of the 5 succeeding fiscal years.
            [(2) Emergency immigrant education program.--There 
        are authorized to be appropriated to carry out subpart 
        4 of part B (when such part is in effect) such sums as 
        may be necessary for fiscal year 2002 and each of the 5 
        succeeding fiscal years.
    [(b) Conditions on Effectiveness of Parts A and B.--
            [(1) Part a.--Part A shall be in effect for any 
        fiscal year for which the amount appropriated under 
        paragraphs (1) and (2) of subsection (a) equals or 
        exceeds $650,000,000.
            [(2) Part b.--Part B shall be in effect only for a 
        fiscal year for which part A is not in effect.
    [(c) References.--In any fiscal year for which part A is in 
effect, references in Federal law (other than this title) to 
part B shall be considered to be references to part A. In any 
fiscal year for which part B is in effect, references in 
Federal law (other than this title) to part A shall be 
considered to be references to part B.]

SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
title such sums as may be necessary for each of fiscal years 
2016 through 2021.

    PART A--ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND 
                        ACADEMIC ACHIEVEMENT ACT

SEC. 3101. SHORT TITLE.

    This part may be cited as the ``English Language 
Acquisition, Language Enhancement, and Academic Achievement 
Act''.

SEC. 3102. PURPOSES.

     The purposes of this part are--
            [(1) to help ensure that children who are limited 
        English proficient, including immigrant children and 
        youth, attain English proficiency, develop high levels 
        of academic attainment in English, and meet the same 
        challenging State academic content and student academic 
        achievement standards as all children are expected to 
        meet;
            [(2) to assist all limited English proficient 
        children, including immigrant children and youth, to 
        achieve at high levels in the core academic subjects so 
        that those children can meet the same challenging State 
        academic content and student academic achievement 
        standards as all children are expected to meet, 
        consistent with section 1111(b)(1);
            [(3) to develop high-quality language instruction 
        educational programs designed to assist State 
        educational agencies, local educational agencies, and 
        schools in teaching limited English proficient children 
        and serving immigrant children and youth;
            [(4) to assist State educational agencies and local 
        educational agencies to develop and enhance their 
        capacity to provide high-quality instructional programs 
        designed to prepare limited English proficient 
        children, including immigrant children and youth, to 
        enter all-English instruction settings;
            [(5) to assist State educational agencies, local 
        educational agencies, and schools to build their 
        capacity to establish, implement, and sustain language 
        instruction educational programs and programs of 
        English language development for limited English 
        proficient children;
            [(6) to promote parental and community 
        participation in language instruction educational 
        programs for the parents and communities of limited 
        English proficient children;
            [(7) to streamline language instruction educational 
        programs into a program carried out through formula 
        grants to State educational agencies and local 
        educational agencies to help limited English proficient 
        children, including immigrant children and youth, 
        develop proficiency in English, while meeting 
        challenging State academic content and student academic 
        achievement standards;
            [(8) to hold State educational agencies, local 
        educational agencies, and schools accountable for 
        increases in English proficiency and core academic 
        content knowledge of limited English proficient 
        children by requiring--
                    [(A) demonstrated improvements in the 
                English proficiency of limited English 
                proficient children each fiscal year; and
                    [(B) adequate yearly progress for limited 
                English proficient children, including 
                immigrant children and youth, as described in 
                section 1111(b)(2)(B); and
            [(9) to provide State educational agencies and 
        local educational agencies with the flexibility to 
        implement language instruction educational programs, 
        based on scientifically based research on teaching 
        limited English proficient children, that the agencies 
        believe to be the most effective for teaching English.]
            (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 children who are English 
        learners can meet the same challenging State academic 
        standards that all children are expected to meet, 
        consistent with section 1111(b)(1);
            (3) to assist early childhood educators, teachers, 
        principals and other school leaders, State educational 
        agencies, and local educational agencies 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 early childhood educators, teachers, 
        principals and other school leaders, State educational 
        agencies, and local educational agencies to develop and 
        enhance their capacity to provide effective instruction 
        programs designed to prepare English learners, 
        including immigrant children and youth, to enter all 
        English instruction settings;
            (5) to promote parental, family, and community 
        participation in language instruction educational 
        programs for the parents, families, and communities of 
        English learners; and
            (6) to provide incentives to grantees to implement 
        policies and practices that will lead to significant 
        improvements in the instruction and achievement of 
        English learners.

 Subpart 1--Grants and Subgrants for English Language Acquisition and 
                          Language Enhancement

SEC. 3111. FORMULA GRANTS TO STATES.

    (a) In General.--* * *
    (b) Use of Funds.--
            (1) Subgrants to eligible entities.--The Secretary 
        may make a grant under subsection (a) only if the State 
        educational agency involved agrees to expend at least 
        95 percent of the State educational agency's allotment 
        under subsection (c) for a fiscal year--
                    (A) * * *

           *       *       *       *       *       *       *

            (2) State activities.--Subject to paragraph (3), 
        each State educational agency receiving a grant under 
        subsection (a) may reserve not more than 5 percent of 
        the agency's allotment under subsection (c) to carry 
        out one or more of the following activities:
                    [(A) Professional development activities, 
                and other activities, that assist personnel in 
                meeting State and local certification and 
                licensing requirements for teaching limited 
                English proficient children.
                    [(B) Planning, evaluation, administration, 
                and interagency coordination related to the 
                subgrants referred to in paragraph (1).
                    [(C) 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 
                        language instruction educational 
                        programs and curricula that are based 
                        on scientifically based research on 
                        teaching limited English proficient 
                        children;
                            [(ii) helping limited English 
                        proficient children meet the same 
                        challenging State academic content and 
                        student academic achievement standards 
                        as all children are expected to meet;
                            [(iii) identifying or developing, 
                        and implementing, measures of English 
                        proficiency; and
                            [(iv) promoting parental and 
                        community participation in programs 
                        that serve limited English proficient 
                        children.
                    [(D) Providing recognition, which may 
                include providing financial awards, to 
                subgrantees that have exceeded their annual 
                measurable achievement objectives pursuant to 
                section 3122.]
                    (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, professional development 
                activities, and other evidence-based activities 
                related to the education of English learners, 
                which may include assisting teachers, 
                principals, and other educators in--
                            (i) meeting State and local 
                        certification and licensing 
                        requirements for teaching English 
                        learners; and
                            (ii) improving teaching skills in 
                        meeting the diverse needs of English 
                        learners, including how to implement 
                        effective programs and curricula on 
                        teaching English learners.
                    (C) Planning, evaluation, administration, 
                and interagency coordination related to the 
                subgrants referred to in paragraph (1).
                    (D) Providing technical assistance and 
                other forms of assistance to eligible entities 
                that are receiving subgrants from a State 
                educational agency under this subpart, 
                including assistance in--
                            (i) identifying and implementing 
                        effective language instruction 
                        educational programs and curricula for 
                        teaching English learners, including 
                        those in early childhood settings;
                            (ii) helping English learners meet 
                        the same 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) annual timelines and goals for 
                        progress established under section 
                        1111(c)(1)(K) based on the State's 
                        English language proficiency assessment 
                        under section 1111(b)(2)(G); and
                            (ii) the challenging State academic 
                        standards described in section 
                        1111(b)(1).
            (3) Direct Administrative expenses.--From the 
        amount reserved under paragraph (2), a State 
        educational agency may use not more than 60 percent of 
        such amount or $175,000, whichever is greater, for the 
        planning and direct administrative costs of carrying 
        out paragraphs (1) and (2).
    (c) Reservations and Allotments.--
            (1) Reservations.--From the amount appropriated 
        under [section 3001(a)]section 3001 for each fiscal 
        year, the Secretary shall reserve--
                    (A) * * *
                    (B) 0.5 percent of such amount for payments 
                to outlying areas, to be allotted in accordance 
                with their respective needs for assistance 
                under this subpart, as determined by the 
                Secretary, for activities, approved by the 
                Secretary, consistent with this subpart; and
                    (C) 6.5 percent of such amount for national 
                activities under sections 3131 and [3303]3202, 
                except that [not more than 0.5 percent of such 
                amount shall be reserved for evaluation 
                activities conducted by the Secretary and] not 
                more than $2,000,000 of such amount may be 
                reserved for the National Clearinghouse for 
                English Language Acquisition and Language 
                Instruction Educational Programs described in 
                section [3303]3202[; and].
                    [(D) such sums as may be necessary to make 
                continuation awards under paragraph (2).]
            [(2) Continuation awards.--
                    [(A) In general.--Before making allotments 
                to State educational agencies under paragraph 
                (3) for any fiscal year, the Secretary shall 
                use the sums reserved under paragraph (1)(D) to 
                make continuation awards to recipients who 
                received grants or fellowships for the fiscal 
                year preceding any fiscal year described in 
                section 3001(b)(1)(A) under--
                            [(i) subparts 1 and 3 of part A of 
                        title VII (as in effect on the day 
                        before the date of enactment of the No 
                        Child Left Behind Act of 2001); or
                            [(ii) subparts 1 and 3 of part B of 
                        this title.
                    [(B) Use of funds.--The Secretary shall 
                make the awards in order to allow such 
                recipients to receive awards for the complete 
                period of their grants or fellowships under the 
                appropriate subparts.]
            [(3)](2) State allotments.--
                    (A) In general.--Except as provided in 
                subparagraph (B), from the amount appropriated 
                under [section 3001(a)]section 3001 for each 
                fiscal year that remains after making the 
                reservations under paragraph (1), the Secretary 
                shall allot to each State educational agency 
                having a plan approved under section 3113(c)--
                            (i) an amount that bears the same 
                        relationship to 80 percent of the 
                        remainder as the number of [limited 
                        English proficient children in the 
                        State bears to the number of such 
                        children in all States;]English 
                        learners in the State bears to the 
                        number of English learners in all 
                        States, as determined by the Secretary 
                        under paragraph (3); and
                            (ii) an amount that bears the same 
                        relationship to 20 percent of the 
                        remainder as the number of immigrant 
                        children and youth in the State bears 
                        to the number of such children and 
                        youth in all States.

           *       *       *       *       *       *       *

            (3) Use of data for determinations.--In making 
        State allotments under paragraph (2)(A) 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.
            [(4) Use of data for determinations.--
                    [(A) In general.--In making State 
                allotments under paragraph (3), for the purpose 
                of determining the number of limited English 
                proficient children in a State and in all 
                States, and the number of immigrant children 
                and youth in a State and in all States, for 
                each fiscal year, the Secretary shall use data 
                that will yield the most accurate, up-to-date 
                numbers of such children and youth.
                    [(B) Special rule.--
                            [(i) First 2 years.--In making 
                        determinations under subparagraph (A) 
                        for the 2 fiscal years following the 
                        date of enactment of the No Child Left 
                        Behind Act of 2001, the Secretary shall 
                        determine the number of limited English 
                        proficient children in a State and in 
                        all States, and the number of immigrant 
                        children and youth in a State and in 
                        all States, using data available from 
                        the Bureau of Census or submitted by 
                        the States to the Secretary.
                            [(ii) Subsequent years.--For 
                        subsequent fiscal years, the Secretary 
                        shall determine the number of limited 
                        English proficient children in a State 
                        and in all States, and the number of 
                        immigrant children and youth in a State 
                        and in all States, using the more 
                        accurate of--
                                    [(I) the data available 
                                from the American Community 
                                Survey available from the 
                                Department of Commerce; or
                                    [(II) the number of 
                                children being assessed for 
                                English proficiency in a State 
                                as required under section 
                                1111(b)(7).]

           *       *       *       *       *       *       *

SEC. 3113. STATE AND SPECIALLY QUALIFIED AGENCY PLANS.

    (a) Plan Required.--Each State educational agency and 
specially qualified agency desiring a grant under this subpart 
shall submit a plan to the Secretary at such time, in such 
manner, and containing such information as the Secretary may 
reasonably require.
    (b) Contents.--Each plan submitted under subsection (a) 
shall--
            (1) describe the process that the agency will use 
        in [making]awarding subgrants to eligible entities 
        under section 3114(d)(1);
            [(2) describe how the agency will establish 
        standards and objectives for raising the level of 
        English proficiency that are derived from the four 
        recognized domains of speaking, listening, reading, and 
        writing, and that are aligned with achievement of the 
        challenging State academic content and student academic 
        achievement standards described in section 1111(b)(1);
            [(3) contain an assurance that--
                    [(A) in the case of a State educational 
                agency, the agency consulted with local 
                educational agencies, education-related 
                community groups and nonprofit organizations, 
                parents, teachers, school administrators, and 
                researchers, in developing the annual 
                measurable achievement objectives described in 
                section 3122;
                    [(B) in the case of a specially qualified 
                agency, the agency consulted with education-
                related community groups and nonprofit 
                organizations, parents, teachers, and 
                researchers, in developing the annual 
                measurable achievement objectives described in 
                section 3122;
                    [(C) the agency will ensure that eligible 
                entities receiving a subgrant under this 
                subpart comply with the requirement in section 
                1111(b)(7) to annually assess in English 
                children who have been in the United States for 
                3 or more consecutive years;
                    [(D) the agency will ensure that eligible 
                entities receiving a subgrant under this 
                subpart annually assess the English proficiency 
                of all limited English proficient children 
                participating in a program funded under this 
                subpart, consistent with section 1111(b)(7);
                    [(E) 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;
                    [(F) subgrants to eligible entities under 
                section 3114(d)(1) will be of sufficient size 
                and scope to allow such entities to carry out 
                high-quality language instruction educational 
                programs for limited English proficient 
                children; and
                    [(G) 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 
                high-quality language instruction educational 
                programs that assist limited English proficient 
                children in meeting challenging State academic 
                content and student academic achievement 
                standards once assistance under this subpart is 
                no longer available;
            [(4) describe how the agency will coordinate its 
        programs and activities under this subpart with its 
        other programs and activities under this Act and other 
        Acts, as appropriate;
            [(5) describe how the agency will hold local 
        educational agencies, eligible entities, elementary 
        schools, and secondary schools accountable for--
                    [(A) meeting all annual measurable 
                achievement objectives described in section 
                3122;
                    [(B) making adequate yearly progress for 
                limited English proficient children, as 
                described in section 1111(b)(2)(B); and
                    [(C) achieving the purposes of this part; 
                and
            [(6) describe how eligible entities in the State 
        will be given the flexibility to teach limited English 
        proficient children--
                    [(A) using a language instruction 
                curriculum that is tied to scientifically based 
                research on teaching limited English proficient 
                children and that has been demonstrated to be 
                effective; and
                    [(B) in the manner the eligible entities 
                determine to be the most effective.]
            (2) describe how the agency will establish and 
        implement, with timely and meaningful consultation with 
        local educational agencies representing the geographic 
        diversity of the State, standardized, statewide 
        entrance and exit procedures, including an assurance 
        that all students who may be English learners are 
        assessed for such status within 30 days of enrollment 
        in a school in the State;
            (3) provide an assurance that--
                    (A) the agency will ensure that eligible 
                entities receiving a subgrant under this 
                subpart comply with the requirement in section 
                1111(b)(2)(B)(ix) to annually assess in English 
                all English learners who have been in the 
                United States for 3 or more years;
                    (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 
                described in section 1111(b)(1);
                    (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 entities 
                determine to be the most effective;
            (6) describe how the agency will assist eligible 
        entities in meeting--
                    (A) annual timelines and goals for progress 
                established under section 1111(c)(1)(K) based 
                on the State's English language proficiency 
                assessment under section 1111(b)(2)(G); and
                    (B) the challenging State academic 
                standards described in section 1111(b)(1);
            (7) describe how the agency will assist eligible 
        entities in decreasing the number of English learners 
        who have not yet acquired English proficiency within 5 
        years of their initial classification as an English 
        learner;
            (8) describe how the agency will ensure that the 
        unique needs of the State's population of English 
        learners and immigrant children and youth are being 
        addressed; and
            (9) describe how the agency will monitor and 
        evaluate the progress of each eligible entity receiving 
        funds under this part toward meeting the timelines and 
        goals for English proficiency required under section 
        1111(c)(1)(K) and the steps the State will take to 
        further assist eligible entities if such strategies 
        funded under this part are not effective in making such 
        progress and meeting academic goals established under 
        section 1111(b)(3)(B)(i) for English learners, such as 
        providing technical assistance and modifying such 
        strategies.
    (c) Approval.--* * *
    (d) Duration of Plan.--
            (1) In general.--* * *

           *       *       *       *       *       *       *

            (2) Additional information.--
                    (A) Amendments.--* * *
                    (B) Approval.--The Secretary shall approve 
                such amendment to an approved plan, unless the 
                Secretary determines that the amendment will 
                result in the agency not meeting the 
                requirements, or fulfilling the purposes, of 
                this [part]subpart.
    (e) Consolidated Plan.--* * *
    (f) Secretary Assistance.--The Secretary shall provide 
technical assistance, if requested, in the development of 
English proficiency standards[, objectives,] and assessments.

SEC. 3114. WITHIN-STATE ALLOCATIONS.

    (a) In General.--After making the reservation required 
under subsection (d)(1), each State educational agency 
receiving a grant under [section 3111(c)(3)]section 3111(c)(2) 
shall award subgrants for a fiscal year by allocating 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 [limited English proficient 
children]English learners in schools served by the eligible 
entity bears to the population of [limited English proficient 
children]English learners in schools served by all eligible 
entities in the State.

           *       *       *       *       *       *       *

    (d) Required Reservation.--A State educational agency 
receiving a grant under this subpart for a fiscal year--
            (1) shall reserve not more than 15 percent of the 
        agency's allotment under [section 3111(c)(3)]section 
        3111(c)(2) to award subgrants to eligible entities in 
        the State that have experienced a significant increase, 
        as compared to the average of the 2 preceding fiscal 
        years, in the percentage or number of immigrant 
        children and youth, who have enrolled, during the 
        fiscal year [preceding the fiscal year] for which the 
        subgrant is made, in public and nonpublic elementary 
        schools and secondary schools in the geographic areas 
        under the jurisdiction of, or served by, such entities; 
        and
            (2) in awarding subgrants under paragraph (1)--
                    (A) * * *

           *       *       *       *       *       *       *

[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 limited English 
proficient children, by assisting the children to learn English 
and meet challenging State academic content and student 
academic achievement standards. In carrying out activities with 
such funds, the entity shall use approaches and methodologies 
based on scientifically based research on teaching limited 
English proficient children and immigrant children and youth 
for the following purposes:
            [(1) Developing and implementing new language 
        instruction educational programs and academic content 
        instruction programs for such children, and such 
        children and youth, including programs of early 
        childhood education, 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 instruction programs for such 
        children, and such 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 such 
        children, and such 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 such children, and such 
        children and youth.
    [(b) 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 proficiency of limited 
        English proficient children by providing high-quality 
        language instruction educational programs that are 
        based on scientifically based research demonstrating 
        the effectiveness of the programs in increasing--
                    [(A) English proficiency; and
                    [(B) student academic achievement in the 
                core academic subjects; and
            [(2) to provide high-quality professional 
        development to classroom teachers (including teachers 
        in classroom settings that are not the settings of 
        language instruction educational programs), principals, 
        administrators, and other school or community-based 
        organizational personnel, that is--
                    [(A) designed to improve the instruction 
                and assessment of limited English proficient 
                children;
                    [(B) designed to enhance the ability of 
                such teachers to understand and use curricula, 
                assessment measures, and instruction strategies 
                for limited English proficient children;
                    [(C) based on scientifically based research 
                demonstrating the effectiveness of the 
                professional development in increasing 
                children's English 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 
                one-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.
    [(d) Authorized Subgrantee Activities.--Subject to 
subsection (c), an eligible entity receiving funds under 
section 3114(a) may use the funds to achieve one of the 
purposes described in subsection (a) by undertaking one or more 
of the following activities:
            [(1) Upgrading program objectives and effective 
        instruction strategies.
            [(2) Improving the instruction program for limited 
        English proficient children by identifying, acquiring, 
        and upgrading curricula, instruction materials, 
        educational software, and assessment procedures.
            [(3) Providing--
                    [(A) tutorials and academic or vocational 
                education for limited English proficient 
                children; and
                    [(B) intensified instruction.
            [(4) Developing and implementing elementary school 
        or secondary school language instruction educational 
        programs that are coordinated with other relevant 
        programs and services.
            [(5) Improving the English proficiency and academic 
        achievement of limited English proficient children.
            [(6) Providing community participation programs, 
        family literacy services, and parent outreach and 
        training activities to limited English proficient 
        children and their families--
                    [(A) to improve the English language skills 
                of limited English proficient children; and
                    [(B) to assist parents in helping their 
                children to improve their academic achievement 
                and becoming active participants in the 
                education of their children.
            [(7) Improving the instruction of limited English 
        proficient children 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) Carrying out other activities that are 
        consistent with the purposes of this section.
    [(e) Activities by Agencies Experiencing Substantial 
Increases in Immigrant Children and Youth.--
            [(1) In general.--An eligible entity receiving 
        funds under section 3114(d)(1) shall use the funds to 
        pay for activities that provide enhanced instructional 
        opportunities for immigrant children and youth, which 
        may include--
                    [(A) family literacy, parent outreach, and 
                training activities designed to assist parents 
                to become active participants in the education 
                of their children;
                    [(B) support for personnel, including 
                teacher aides 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 and acquisition of 
                curricular materials, educational software, and 
                technologies to be used in the program carried 
                out with funds;
                    [(E) basic instruction services that are 
                directly attributable to the presence in the 
                school district involved of immigrant children 
                and youth, 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 
                instruction services;
                    [(F) other instruction 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 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 instruction to be used in the programs and 
        activities undertaken by the entity to assist limited 
        English proficient children to attain English 
        proficiency and meet challenging State academic content 
        and student academic achievement standards.
            [(2) Consistency.--Such selection shall be 
        consistent with sections 3125 through 3127.
    [(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 limited English proficient children and immigrant 
children and youth and in no case to supplant such Federal, 
State, and local public funds.]

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 described in section 
1111(b)(1). 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 
        instruction 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 instruction 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, agency-wide 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 are based on high-quality research 
        demonstrating 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, 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 appropriate 
                curricula, assessment practices, and 
                instruction 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 effective parent, 
        family, and community engagement activities in order to 
        enhance or supplement language instruction educational 
        programs for English Learners.
    (d) Authorized Subgrantee Activities.--Subject to 
subsection (c), an eligible entity receiving funds under 
section 3114(a) may use the funds to achieve 1 of the purposes 
described in subsection (a) by undertaking 1 or more of the 
following activities:
            (1) Upgrading program objectives and effective 
        instruction strategies.
            (2) Improving the instruction program for English 
        learners by identifying, acquiring, and upgrading 
        curricula, instruction materials, educational software, 
        and assessment procedures.
            (3) Providing to English learners--
                    (A) tutorials and academic or career and 
                technical education; and
                    (B) intensified instruction.
            (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, 
        including 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) Carrying out other activities that are 
        consistent with the purposes of this section.
    (e) Activities by Agencies Experiencing Substantial 
Increases in Immigrant Children and Youth.--
            (1) In general.--An eligible entity receiving funds 
        under section 3114(d)(1) shall use the funds to pay for 
        activities that provide enhanced instructional 
        opportunities for immigrant children and youth, which 
        may include--
                    (A) family literacy, parent and family 
                outreach, and training activities designed to 
                assist parents and families to become active 
                participants in the education of their 
                children;
                    (B) recruitment of, and support for 
                personnel, including early childhood educators, 
                teachers, 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 and acquisition of 
                curricular materials, educational software, and 
                technologies to be used in the program carried 
                out with funds;
                    (E) basic instruction 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 instruction services;
                    (F) other instruction 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 described in 
        section 1111(b)(1).
            (2) Consistency.--Such selection shall be 
        consistent with sections 3124 through 3126.
    (g) Supplement, Not Supplant.--Federal funds made available 
under this subpart shall be used so as to supplement the level 
of Federal, State, and local public funds that, in the absence 
of such availability, would have been expended for programs for 
English learners and immigrant children and youth and in no 
case to supplant such Federal, State, and local public funds.

SEC. 3116. LOCAL PLANS.

    (a) Plan Required.--* * *
    (b) Contents.--Each plan submitted under subsection (a) 
shall--
            [(1) describe the programs and activities proposed 
        to be developed, implemented, and administered under 
        the subgrant;
            [(2) describe how the eligible entity will use the 
        subgrant funds to meet all annual measurable 
        achievement objectives described in section 3122;
            [(3) describe how the eligible entity will hold 
        elementary schools and secondary schools receiving 
        funds under this subpart accountable for--
                    [(A) meeting the annual measurable 
                achievement objectives described in section 
                3122;
                    [(B) making adequate yearly progress for 
                limited English proficient children, as 
                described in section 1111(b)(2)(B); and
                    [(C) annually measuring the English 
                proficiency of limited English proficient 
                children, so that such children served by the 
                programs carried out under this part develop 
                proficiency in English while meeting State 
                academic content and student academic 
                achievement standards as required by section 
                1111(b)(1);
            [(4) describe how the eligible entity will promote 
        parental and community participation in programs for 
        limited English proficient children;
            [(5) contain an assurance that the eligible entity 
        consulted with teachers, researchers, school 
        administrators, and parents, and, if appropriate, with 
        education-related community groups and nonprofit 
        organizations, and institutions of higher education, in 
        developing such plan; and
            [(6) describe how language instruction educational 
        programs carried out under the subgrant will ensure 
        that limited English proficient children being served 
        by the programs develop English proficiency.]
            (1) describe the high-quality programs and 
        activities proposed to be developed, implemented, and 
        administered under the subgrant and how these 
        activities will help English learners increase their 
        English language proficiency and meet the challenging 
        State academic standards described in section 
        1111(b)(1);
            (2) describe how the eligible entity will ensure 
        elementary schools and secondary schools receiving 
        funds under this subpart assist English learners in 
        meeting--
                    (A) annual timelines and goals for progress 
                established under 1111(c)(1)(K) based on the 
                State's English language proficiency assessment 
                under section 1111(b)(2)(G); and
                    (B) the challenging State academic 
                standards described in section 1111(b)(1);
            (3) describe how the eligible entity will promote 
        parent, family, and community engagement in the 
        education of English learners;
            (4) describe how language instruction educational 
        programs carried out under the subgrant will ensure 
        that English learners being served by the programs 
        develop English proficiency and demonstrate such 
        proficiency through academic content mastery;
            (5) contain assurances that--
                    (A) each local educational agency that is 
                included in the eligible entity is complying 
                with section 1112(d)(2) prior to, and 
                throughout, each school year as of the date of 
                application, and will continue to comply with 
                such section throughout each school year for 
                which the grant is received;
                    (B) the eligible entity complies with any 
                State law, including State constitutional law, 
                regarding the education of English learners, 
                consistent with sections 3125 and 3126;
                    (C) the eligible entity has based its 
                proposed plan on high-quality research on 
                teaching English learners;
                    (D) 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
                    (E) the eligible entity will, if 
                applicable, coordinate activities and share 
                relevant data under the plan with local Head 
                Start and Early Head Start agencies, including 
                migrant and seasonal Head Start agencies, and 
                other early childhood education providers.
    (c) Teacher English Fluency.--Each eligible entity 
receiving a subgrant under section 3114 shall include in its 
plan a certification that all teachers in any language 
instruction educational program for [limited English proficient 
children]English learners that is, or will be, funded under 
this part are fluent in English and any other language used for 
instruction, including having written and oral communications 
skills.
    [(d) Other Requirements for Approval.--Each local plan 
shall also contain assurances that--
            [(1) each local educational agency that is included 
        in the eligible entity is complying with section 3302 
        prior to, and throughout, each school year;
            [(2) the eligible entity annually will assess the 
        English proficiency of all children with limited 
        English proficiency participating in programs funded 
        under this part;
            [(3) the eligible entity has based its proposed 
        plan on scientifically based research on teaching 
        limited English proficient children;
            [(4) the eligible entity will ensure that the 
        programs will enable children to speak, read, write, 
        and comprehend the English language and meet 
        challenging State academic content and student academic 
        achievement standards; and
            [(5) the eligible entity is not in violation of any 
        State law, including State constitutional law, 
        regarding the education of limited English proficient 
        children, consistent with sections 3126 and 3127.]

              Subpart 2--Accountability and Administration

[SEC. 3121. EVALUATIONS.

    [(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 an evaluation, 
in a form prescribed by the agency, that includes--
            [(1) a description of the programs and activities 
        conducted by the entity with funds received under 
        subpart 1 during the two immediately preceding fiscal 
        years;
            [(2) a description of the progress made by children 
        in learning the English language and meeting 
        challenging State academic content and student academic 
        achievement standards;
            [(3) the number and percentage of children in the 
        programs and activities attaining English proficiency 
        by the end of each school year, as determined by a 
        valid and reliable assessment of English proficiency; 
        and
            [(4) a description of the progress made by children 
        in meeting challenging State academic content and 
        student academic achievement standards for each of the 
        2 years after such children are no longer receiving 
        services under this part.
    [(b) Use of Evaluation.--An evaluation provided by an 
eligible entity under subsection (a) shall be used by the 
entity and the State educational agency--
            [(1) for improvement of programs and activities;
            [(2) to determine the effectiveness of programs and 
        activities in assisting children who are limited 
        English proficient to attain English proficiency (as 
        measured consistent with subsection (d)) and meet 
        challenging State academic content and student academic 
        achievement standards; and
            [(3) in determining whether or not to continue 
        funding for specific programs or activities.
    [(c) Evaluation Components.--An evaluation provided by an 
eligible entity under subsection (a) shall--
            [(1) provide an evaluation of children enrolled in 
        a program or activity conducted by the entity using 
        funds under subpart 1 (including the percentage of 
        children) who--
                    [(A) are making progress in attaining 
                English proficiency, including the percentage 
                of children who have achieved English 
                proficiency;
                    [(B) have transitioned into classrooms not 
                tailored to limited English proficient 
                children, and have a sufficient level of 
                English proficiency to permit them to achieve 
                in English and transition into classrooms not 
                tailored to limited English proficient 
                children;
                    [(C) are meeting the same challenging State 
                academic content and student academic 
                achievement standards as all children are 
                expected to meet; and
                    [(D) are not receiving waivers for the 
                reading or language arts assessments under 
                section 1111(b)(3)(C); and
            [(2) include such other information as the State 
        educational agency may require.
    [(d) Evaluation Measures.--A State shall approve evaluation 
measures for use under subsection (c) that are designed to 
assess--
            [(1) the progress of children in attaining English 
        proficiency, including a child's level of 
        comprehension, speaking, listening, reading, and 
        writing skills in English;
            [(2) student attainment of challenging State 
        student academic achievement standards on assessments 
        described in section 1111(b)(3); and
            [(3) progress in meeting the annual measurable 
        achievement objectives described in section 3122.
    [(e) Special Rule for Specially Qualified Agencies.--Each 
specially qualified agency receiving a grant under this part 
shall provide the evaluations described in subsection (a) to 
the Secretary subject to the same requirements as apply to 
eligible entities providing such evaluations to State 
educational agencies under such subsection.]

SEC. 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;
            (2) the number and percentage of English learners 
        in the programs and activities who meet the annual 
        State-determined goals for progress established under 
        section 1111(c)(1)(K), including disaggregated, at a 
        minimum, by--
                    (A) long-term English learners; and
                    (B) English learners with a disability;
            (3) the number and percentage of English learners 
        in the programs and activities attaining English 
        language proficiency based on State English language 
        proficiency standards established under section 
        1111(b)(1)(F) 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 described 
        in section 1111(b)(1) for each of the 2 years after 
        such children are no longer receiving services under 
        this part, including disaggregated, at a minimum, by--
                    (A) long-term English learners; and
                    (B) 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
            (7) any other information as the State educational 
        agency may require.
    (b) Report.--A report provided by an eligible entity under 
subsection (a) shall be used by the entity and the State 
educational agency for improvement or programs and activities 
under this part.
    (c) Special Rule for Specially Qualified Agencies.--Each 
specially qualified agency receiving a grant under this part 
shall provide the reports described in subsection (a) to the 
Secretary subject to the same requirements as apply to eligible 
entities providing such evaluations to State educational 
agencies under such subsection.

[SEC. 3122. ACHIEVEMENT OBJECTIVES AND ACCOUNTABILITY.

    [(a) Achievement Objectives.--
            [(1) In general.--Each State educational agency or 
        specially qualified agency receiving a grant under 
        subpart 1 shall develop annual measurable achievement 
        objectives for limited English proficient children 
        served under this part that relate to such children's 
        development and attainment of English proficiency while 
        meeting challenging State academic content and student 
        academic achievement standards as required by section 
        1111(b)(1).
            [(2) Development of objectives.--Such annual 
        measurable achievement objectives shall be developed in 
        a manner that--
                    [(A) reflects the amount of time an 
                individual child has been enrolled in a 
                language instruction educational program; and
                    [(B) uses consistent methods and 
                measurements to reflect the increases described 
                in subparagraphs (A)(i), (A)(ii), and (B) of 
                paragraph (3).
            [(3) Contents.--Such annual measurable achievement 
        objectives--
                    [(A) shall include--
                            [(i) at a minimum, annual increases 
                        in the number or percentage of children 
                        making progress in learning English;
                            [(ii) at a minimum, annual 
                        increases in the number or percentage 
                        of children attaining English 
                        proficiency by the end of each school 
                        year, as determined by a valid and 
                        reliable assessment of English 
                        proficiency consistent with section 
                        1111(b)(7); and
                            [(iii) making adequate yearly 
                        progress for limited English proficient 
                        children as described in section 
                        1111(b)(2)(B); and
                    [(B) at the discretion of the agency, may 
                include the number or percentage of children 
                not receiving waivers for reading or language 
                arts assessments under section 1111(b)(3)(C), 
                but this achievement objective shall not be 
                applied to an eligible entity that, in a given 
                school year--
                            [(i) has experienced a large 
                        increase in limited English proficient 
                        children or immigrant children and 
                        youth;
                            [(ii) enrolls a statistically 
                        significant number of immigrant 
                        children and youth from countries where 
                        such children and youth had little or 
                        no access to formal education; or
                            [(iii) has a statistically 
                        significant number of immigrant 
                        children and youth who have fled from 
                        war or natural disaster.
    [(b) Accountability.--
            [(1) For states.--Each State educational agency 
        receiving a grant under subpart 1 shall hold eligible 
        entities receiving a subgrant under such subpart 
        accountable for meeting the annual measurable 
        achievement objectives under subsection (a), including 
        making adequate yearly progress for limited English 
        proficient children.
            [(2) Improvement plan.--If a State educational 
        agency determines, based on the annual measurable 
        achievement objectives described in subsection (a), 
        that an eligible entity has failed to make progress 
        toward meeting such objectives for 2 consecutive years, 
        the agency shall require the entity to develop an 
        improvement plan that will ensure that the entity meets 
        such objectives. The improvement plan shall 
        specifically address the factors that prevented the 
        entity from achieving such objectives.
            [(3) Technical assistance.--During the development 
        of the improvement plan described in paragraph (2), and 
        throughout its implementation, the State educational 
        agency shall--
                    [(A) provide technical assistance to the 
                eligible entity;
                    [(B) provide technical assistance, if 
                applicable, to schools served by such entity 
                under subpart 1 that need assistance to enable 
                the schools to meet the annual measurable 
                achievement objectives described in subsection 
                (a);
                    [(C) develop, in consultation with the 
                entity, professional development strategies and 
                activities, based on scientifically based 
                research, that the agency will use to meet such 
                objectives;
                    [(D) require such entity to utilize such 
                strategies and activities; and
                    [(E) develop, in consultation with the 
                entity, a plan to incorporate strategies and 
                methodologies, based on scientifically based 
                research, to improve the specific program or 
                method of instruction provided to limited 
                English proficient children.
            [(4) Accountability.--If a State educational agency 
        determines that an eligible entity has failed to meet 
        the annual measurable achievement objectives described 
        in subsection (a) for 4 consecutive years, the agency 
        shall--
                    [(A) require such entity to modify the 
                entity's curriculum, program, and method of 
                instruction; or
                    [(B)(i) make a determination whether the 
                entity shall continue to receive funds related 
                to the entity's failure to meet such 
                objectives; and
                    [(ii) require such entity to replace 
                educational personnel relevant to the entity's 
                failure to meet such objectives.
    [(c) Special Rule for Specially Qualified Agencies.--The 
Secretary shall hold specially qualified agencies receiving a 
grant under this subpart accountable for meeting the annual 
measurable achievement objectives described in subsection (a) 
in the same manner as State educational agencies hold eligible 
entities accountable under subsection (b).]

SEC. [3123]3122. REPORTING REQUIREMENTS.

    (a) States.--Based upon the [evaluations]reports provided 
to a State educational agency under section 3121, each such 
agency that receives a grant under this part shall prepare and 
submit every second year to the Secretary a report on programs 
and activities carried out by the State educational agency 
under this part and the effectiveness of such programs and 
activities in improving the education provided to [children who 
are limited English proficient]English learners.
    (b) Secretary.--Every second year, the Secretary shall 
prepare and submit to the Committee on Education and the 
Workforce of the House of Representatives and the Committee on 
Health, Education, Labor, and Pensions of the Senate a report--
            (1) on programs and activities carried out to serve 
        [limited English proficient children]English learners 
        under this part, and the effectiveness of such programs 
        and activities in improving the academic achievement 
        and English proficiency of [children who are limited 
        English proficient]English learners;

           *       *       *       *       *       *       *

            (4) containing a description of technical 
        assistance and other assistance provided by State 
        educational agencies under [section 
        3111(b)(2)(C)]section 3111(b)(2)(D);

           *       *       *       *       *       *       *

            (6) containing the [major findings of 
        scientifically based research carried out under this 
        part]findings of the evaluation related to English 
        learners carried out under section 9601;

           *       *       *       *       *       *       *

            (8) containing the number [of limited English 
        proficient children]of English learners served by 
        eligible entities receiving funding under this part who 
        were transitioned out of language instruction 
        educational programs funded under this part [into 
        classrooms where instruction is not tailored for 
        limited English proficient children]; and
            (9) containing other information gathered from the 
        evaluations from specially qualified agencies and other 
        reports submitted to the Secretary under this 
        [title]part when applicable.

SEC. [3124]3123. COORDINATION WITH RELATED PROGRAMS.

    In order to maximize Federal efforts aimed at serving the 
educational needs of [children of limited English 
proficiency]English learners, the Secretary shall coordinate 
and ensure close cooperation with other entities carrying out 
programs serving language-minority and [limited English 
proficient children]English learners that are administered by 
the Department and other agencies.

SEC. [3125]3124. RULES OF CONSTRUCTION.

     Nothing in this part shall be construed--
            (1) to prohibit a local educational agency from 
        serving [limited English proficient children]English 
        learners simultaneously with children with similar 
        educational needs, in the same educational settings 
        where appropriate;
            (2) to require a State or a local educational 
        agency to establish, continue, or eliminate any 
        particular type of instructional program for [limited 
        English proficient children]English learners; or
            (3) * * *

           *       *       *       *       *       *       *

SEC. [3126]3125. LEGAL AUTHORITY UNDER STATE LAW.

    * * *

SEC. [3127]3126. CIVIL RIGHTS.

    * * *

SEC. [3128]3127. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

    * * *

SEC. [3129]3128. PROHIBITION.

    In carrying out this part, the Secretary shall neither 
mandate nor preclude the use of a particular curricular or 
pedagogical approach to educating [limited English proficient 
children]English learners.

                     Subpart 3--National Activities

[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 (in consortia with State educational agencies 
or local educational agencies) to provide for professional 
development activities that will improve classroom instruction 
for limited English proficient children and assist educational 
personnel working with such children to meet high professional 
standards, including standards for certification and licensure 
as teachers who work in language instruction educational 
programs or serve limited English proficient children. Grants 
awarded under this subsection may be used--
            [(1) for preservice professional development 
        programs that will assist local schools and 
        institutions of higher education to upgrade the 
        qualifications and skills of educational personnel who 
        are not certified or licensed, especially educational 
        paraprofessionals;
            [(2) for the development of curricula appropriate 
        to the needs of the consortia participants involved; 
        and
            [(3) 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 limited 
        English proficient children.]

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, capacity building, or evidence-based 
activities that will improve classroom instruction for English 
learners and assist educational personnel working with such 
children 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 preservice or inservice effective 
        professional development programs that will assist 
        local schools and may assist institutions of higher 
        education to upgrade the qualifications and skills of 
        educational personnel who are not certified or 
        licensed, especially educational paraprofessionals, and 
        for other activities to increase teacher and school 
        leader effectiveness;
            (2) for the development of curricula or other 
        instructional strategies appropriate to the needs of 
        the consortia participants involved;
            (3) to support strategies that strengthen and 
        increase parent, family, and community member 
        engagement in the education of English learners;
            (4) to develop, share, and disseminate effective 
        practices in the instruction of English learners and in 
        increasing the student academic achievement of English 
        learners, such as through the use of technology-based 
        programs;
            (5) in conjunction with other Federal need-based 
        student financial assistance programs, for financial 
        assistance, and costs related to tuition, fees, and 
        books for enrolling in courses required to complete the 
        degree involved, to meet certification or licensing 
        requirements for teachers who work in language 
        instruction educational programs or serve English 
        learners; and
            (6) as appropriate, to support strategies that 
        promote school readiness of English learners and their 
        transition from early childhood education programs, 
        such as Head Start or State-run preschool programs to 
        elementary school programs.

                         Subpart 4--Definitions

[SEC. 3141. ELIGIBLE ENTITY.

     [In this part, the term ``eligible entity'' means--
            [(1) one or more local educational agencies; or
            [(2) one or more local educational agencies, in 
        collaboration with an institution of higher education, 
        community-based organization, or State educational 
        agency.]

SEC. 3141. DEFINITIONS.

    In this part--
            (1) the term ``eligible entity'' means--
                    (A) one or more local educational agencies; 
                or
                    (B) one or more local educational agencies, 
                in collaboration with an institution of higher 
                education, educational service agency, 
                community-based organization, or a State 
                educational agency;
            (2) 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; and
            (3) the term ``long-term English learner'' means an 
        English learner who has attended schools in the United 
        States for not less than 5 years and who has not yet 
        been exited from English learner status by the 
        culmination of the fifth year of services.

     [PART B--IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS]

[SEC. 3201. SHORT TITLE.

    This part may be cited as the ``Improving Language 
Instruction Educational Programs For Academic Achievement 
Act''.]

[SEC. 3202. PURPOSE.

     [The purpose of this part is to help ensure that limited 
English proficient children master English and meet the same 
rigorous standards for academic achievement as all children are 
expected to meet, including meeting challenging State academic 
content and student academic achievement standards by--
            [(1) promoting systemic improvement and reform of, 
        and developing accountability systems for, educational 
        programs serving limited English proficient children;
            [(2) developing language skills and multicultural 
        understanding;
            [(3) developing the English proficiency of limited 
        English proficient children and, to the extent 
        possible, the native language skills of such children;
            [(4) providing similar assistance to Native 
        Americans with certain modifications relative to the 
        unique status of Native American languages under 
        Federal law;
            [(5) developing data collection and dissemination, 
        research, materials, and technical assistance that are 
        focused on school improvement for limited English 
        proficient children; and
            [(6) developing programs that strengthen and 
        improve the professional training of educational 
        personnel who work with limited English proficient 
        children.]

[SEC. 3203. NATIVE AMERICAN CHILDREN IN SCHOOL.

    [(a) Eligible Entities.--For the purpose of carrying out 
programs under this part for individuals served by elementary 
schools, secondary schools, and postsecondary schools operated 
predominately for Native American (including Alaska Native) 
children and youth, an Indian tribe, a tribally sanctioned 
educational authority, a Native Hawaiian or Native American 
Pacific Islander native language education organization, or an 
elementary school or secondary school that is operated or 
funded by the Bureau of Indian Affairs shall be considered to 
be a local educational agency.
    [(b) Application.--Notwithstanding any other provision of 
this part, each tribe, authority, organization, or school 
described in subsection (a) shall submit any application for 
assistance under this part directly to the Secretary along with 
timely comments on the need for the program proposed in the 
application.]

[SEC. 3204. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED STATES.

    [For the purpose of carrying out programs under this part 
in the outlying areas, the term ``local educational agency'' 
includes public institutions or agencies whose mission is the 
preservation and maintenance of native languages.]

            [Subpart 1--Program Development and Enhancement]

[SEC. 3211. FINANCIAL ASSISTANCE FOR LANGUAGE INSTRUCTION EDUCATIONAL 
                    PROGRAMS.

     [The purpose of this subpart is to assist local 
educational agencies, institutions of higher education, and 
community-based organizations, through the grants authorized 
under sections 3212 and 3213--
            [(1) to develop and enhance their capacity to 
        provide high-quality instruction through language 
        instruction educational programs or special alternative 
        instruction programs to limited English proficient 
        children; and
            [(2) to help such children--
                    [(A) develop English proficiency and, to 
                the extent possible, proficiency in their 
                native language; and
                    [(B) meet the same challenging State 
                academic content and student academic 
                achievement standards as all children are 
                expected to meet under section 1111(b)(1).]

[SEC. 3212. PROGRAM ENHANCEMENT ACTIVITIES.

    [(a) Program Authorized.--
            [(1) Authority.--
                    [(A) In general.--The Secretary is 
                authorized to award grants to eligible entities 
                having applications approved under section 3214 
                to enable such entities to provide innovative, 
                locally designed, high-quality instruction to 
                limited English proficient children, by 
                expanding, developing, or strengthening 
                language instruction educational programs or 
                special alternative instruction programs.
                    [(B) Period.--Each grant awarded under this 
                section shall be awarded for a period of 3 
                years.
            [(2) Authorized activities.--
                    [(A) Mandatory activities.--Grants awarded 
                under this section shall be used for--
                            [(i) developing, implementing, 
                        expanding, or enhancing comprehensive 
                        preschool, elementary, or secondary 
                        education programs for limited English 
                        proficient children, that are--
                                    [(I) aligned with State and 
                                local academic content and 
                                student academic achievement 
                                standards, and local school 
                                reform efforts; and
                                    [(II) coordinated with 
                                related academic services for 
                                children;
                            [(ii) providing high-quality 
                        professional development to classroom 
                        teachers, administrators, and other 
                        school or community-based organization 
                        personnel to improve the instruction 
                        and assessment of limited English 
                        proficient children; and
                            [(iii) annually assessing the 
                        English proficiency of all limited 
                        English proficient children served by 
                        activities carried out under this 
                        section.
                    [(B) Permissible activities.--Grants 
                awarded under this section may be used for--
                            [(i) implementing programs to 
                        upgrade the reading and other academic 
                        skills of limited English proficient 
                        children;
                            [(ii) developing accountability 
                        systems to monitor the academic 
                        progress of limited English proficient 
                        and formerly limited English proficient 
                        children;
                            [(iii) implementing family 
                        education programs and parent outreach 
                        and training activities designed to 
                        assist parents to become active 
                        participants in the education of their 
                        children;
                            [(iv) improving the instruction 
                        programs for limited English proficient 
                        children by identifying, acquiring, and 
                        applying effective curricula, 
                        instruction materials (including 
                        materials provided through technology), 
                        and assessments that are all aligned 
                        with State and local standards;
                            [(v) providing intensified 
                        instruction, including tutorials and 
                        academic, or vocational and technical, 
                        training, for limited English 
                        proficient children;
                            [(vi) adapting best practice models 
                        for meeting the needs of limited 
                        English proficient children;
                            [(vii) assisting limited English 
                        proficient children with disabilities;
                            [(viii) implementing applied 
                        learning activities such as service 
                        learning to enhance and support 
                        comprehensive elementary and secondary 
                        language instruction educational 
                        programs;
                            [(ix) acquiring or developing 
                        education technology or instruction 
                        materials for limited English 
                        proficient children, including 
                        materials in languages other than 
                        English;
                            [(x) participating in electronic 
                        networks for materials, training, and 
                        communication, and incorporating 
                        information derived from such 
                        participation in curricula and 
                        programs; and
                            [(xi) carrying out such other 
                        activities related to the purpose of 
                        this part as the Secretary may approve.
    [(b) Priority.--In awarding grants under this section, the 
Secretary may give priority to an entity that--
            [(1) serves a school district--
                    [(A) that has a total district enrollment 
                that is less than 10,000 students; or
                    [(B) with a large percentage or number of 
                limited English proficient children; and
            [(2) has limited or no experience in serving 
        limited English proficient children.
    [(c) Eligible Entity.--In this section, the term ``eligible 
entity'' means--
            [(1) one or more local educational agencies;
            [(2) one or more local educational agencies in 
        collaboration with an institution of higher education, 
        community-based organization, or State educational 
        agency; or
            [(3) a community-based organization or an 
        institution of higher education that has an application 
        approved by the local educational agency to participate 
        in programs carried out under this subpart by enhancing 
        early childhood education or family education programs 
        or conducting instruction programs that supplement the 
        educational services provided by a local educational 
        agency.]

[SEC. 3213. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT ACTIVITIES.

    [(a) Program Authorized.--
            [(1) Authority.--The Secretary is authorized to 
        award grants to eligible entities having applications 
        approved under section 3214 to enable such entities to 
        develop and implement language instruction educational 
        programs, and improve, reform, or upgrade programs or 
        operations that serve significant percentages or 
        numbers of limited English proficient children.
            [(2) Mandatory activities.--Grants awarded under 
        this section shall be used for--
                    [(A) improving instruction programs for 
                limited English proficient children by 
                acquiring and upgrading curricula and related 
                instruction materials;
                    [(B) aligning the activities carried out 
                under this section with State and local school 
                reform efforts;
                    [(C) providing training, aligned with State 
                and local standards, to school personnel and 
                participating community-based organization 
                personnel to improve the instruction and 
                assessment of limited English proficient 
                children;
                    [(D) developing and implementing plans, 
                coordinated with plans for programs carried out 
                under title II of the Higher Education Act of 
                1965 (where applicable), and title II of this 
                Act (where applicable), to recruit teachers 
                trained to serve limited English proficient 
                children;
                    [(E) implementing culturally and 
                linguistically appropriate family education 
                programs, or parent outreach and training 
                activities, that are designed to assist parents 
                of limited English proficient children to 
                become active participants in the education of 
                their children;
                    [(F) coordinating the activities carried 
                out under this section with other programs, 
                such as programs carried out under this title;
                    [(G) providing services to meet the full 
                range of the educational needs of limited 
                English proficient children;
                    [(H) annually assessing the English 
                proficiency of all limited English proficient 
                children served by the activities carried out 
                under this section; and
                    [(I) developing or improving accountability 
                systems to monitor the academic progress of 
                limited English proficient children.
            [(3) Permissible activities.--Grants awarded under 
        this section may be used for--
                    [(A) implementing programs to upgrade 
                reading and other academic skills of limited 
                English proficient children;
                    [(B) developing and using educational 
                technology to improve learning, assessments, 
                and accountability to meet the needs of limited 
                English proficient children;
                    [(C) implementing scientifically based 
                research programs to meet the needs of limited 
                English proficient children;
                    [(D) providing tutorials and academic, or 
                vocational and technical, training for limited 
                English proficient children;
                    [(E) developing and implementing State and 
                local academic content and student academic 
                achievement standards for learning English as a 
                second language, as well as for learning other 
                languages;
                    [(F) developing and implementing programs 
                for limited English proficient children to meet 
                the needs of changing populations of such 
                children;
                    [(G) implementing policies to ensure that 
                limited English proficient children have access 
                to other education programs (other than 
                programs designed to address limited English 
                proficiency);
                    [(H) assisting limited English proficient 
                children with disabilities;
                    [(I) developing and implementing programs 
                to help children become proficient in English 
                and other languages;
                    [(J) acquiring or developing education 
                technology or instruction materials for limited 
                English proficient children, including 
                materials in languages other than English;
                    [(K) participating in electronic networks 
                for materials, training, and communication and 
                incorporating information derived from such 
                participation in curricula and programs; and
                    [(L) carrying out such other activities 
                related to the purpose of this part as the 
                Secretary may approve.
            [(4) Special rule.--
                    [(A) Planning.--A recipient of a grant 
                under this section, before carrying out 
                activities under this section, shall plan, 
                train personnel, develop curricula, and acquire 
                or develop materials, but shall not use funds 
                made available under this section for planning 
                purposes for more than 45 days.
                    [(B) Commencement of activities.--The 
                recipient shall commence carrying out 
                activities under this section not later than 
                the later of--
                            [(i) the beginning of the first 
                        school year that begins after the grant 
                        is received; or
                            [(ii) 30 days after the date of 
                        receipt of the grant.
    [(b) Availability of Appropriations.--
            [(1) Reservation of funds for continued payments.--
                    [(A) Covered grant.--In this paragraph, the 
                term ``covered grant'' means a grant--
                            [(i) that was awarded under section 
                        7112, 7113, 7114, or 7115 (as such 
                        sections were in effect on the day 
                        before the date of enactment of the No 
                        Child Left Behind Act of 2001); and
                            [(ii) for which the grant period 
                        has not ended.
                    [(B) Reservation.--For any fiscal year that 
                is part of the grant period of a covered grant, 
                the Secretary shall reserve funds for the 
                payments described in subparagraph (C) from the 
                amount appropriated for the fiscal year under 
                section 3001(a) and made available for carrying 
                out this section.
                    [(C) Payments.--The Secretary shall 
                continue to make grant payments to each entity 
                that received a covered grant, in accordance 
                with the terms of that grant, for the duration 
                of the grant period of the grant, to carry out 
                activities in accordance with the appropriate 
                section described in subparagraph (A)(i).
            [(2) Availability.--Of the amount appropriated for 
        a fiscal year under section 3001(a) that is made 
        available to carry out this section, and that remains 
        after the Secretary reserves funds for payments under 
        paragraph (1)--
                    [(A) not less than one-third of the 
                remainder shall be used to award grants to 
                eligible entities for activities carried out 
                within an entire school district; and
                    [(B) not less than two-thirds of the 
                remainder shall be used to award grants to 
                eligible entities for activities carried out 
                within individual schools.
    [(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to an applicant that--
            [(1) experiences a significant increase in the 
        number or percentage of limited English proficient 
        children enrolled in the applicant's programs and has 
        limited or no experience in serving limited English 
        proficient children;
            [(2) is a local educational agency that serves a 
        school district that has a total district enrollment 
        that is less than 10,000 students;
            [(3) demonstrates that the applicant has a proven 
        track record of success in helping limited English 
        proficient children learn English and meet high 
        academic standards; or
            [(4) serves a school district with a large number 
        or percentage of limited English proficient children.
    [(d) Eligible Entities.--In this section, the term 
``eligible entity'' means--
            [(1) one or more local educational agencies; or
            [(2) one or more local educational agencies, in 
        collaboration with an institution of higher education, 
        community-based organization, or State educational 
        agency.]

[SEC. 3214. APPLICATIONS.

    [(a) In General.--
            [(1) Secretary.--To receive a grant under this 
        subpart, an eligible entity described in section 3212 
        or 3213 shall submit an application to the Secretary at 
        such time, in such form, and containing such 
        information as the Secretary may require.
            [(2) State educational agency.--The eligible 
        entity, with the exception of schools funded by the 
        Bureau of Indian Affairs, shall submit a copy of the 
        application submitted by the entity under this section 
        to the State educational agency.
    [(b) State Review and Comments.--
            [(1) Deadline.--The State educational agency, not 
        later than 45 days after receipt of an application 
        under this section, shall review the application and 
        submit the written comments of the agency regarding the 
        application to the Secretary.
            [(2) Comments.--
                    [(A) Submission of comments.--Regarding 
                applications submitted under this subpart, the 
                State educational agency shall--
                            [(i) submit to the Secretary 
                        written comments regarding all such 
                        applications; and
                            [(ii) submit to each eligible 
                        entity the comments that pertain to 
                        such entity.
                    [(B) Subject.--For purposes of this 
                subpart, such comments shall address--
                            [(i) how the activities to be 
                        carried out under the grant will 
                        further the academic achievement and 
                        English proficiency of limited English 
                        proficient children served under the 
                        grant; and
                            [(ii) how the grant application is 
                        consistent with the State plan required 
                        under section 1111.
    [(c) Eligible Entity Comments.--An eligible entity may 
submit to the Secretary comments that address the comments 
submitted by the State educational agency.
    [(d) Comment Consideration.--In making grants under this 
subpart, the Secretary shall take into consideration comments 
made by State educational agencies.
    [(e) Waiver.--Notwithstanding subsection (b), the Secretary 
is authorized to waive the review requirement specified in 
subsection (b) if a State educational agency can demonstrate 
that such review requirement may impede such agency's ability 
to fulfill the requirements of participation in the program 
authorized in section 3224, particularly such agency's ability 
to carry out data collection efforts and such agency's ability 
to provide technical assistance to local educational agencies 
not receiving funds under this subpart.
    [(f) Required Documentation.--Such application shall 
include documentation that--
            [(1) the applicant has the qualified personnel 
        required to develop, administer, and implement the 
        program proposed in the application; and
            [(2) the leadership personnel of each school 
        participating in the program have been involved in the 
        development and planning of the program in the school.
    [(g) Contents.--
            [(1) In general.--An application for a grant under 
        this subpart shall contain the following:
                    [(A) A description of the need for the 
                proposed program, including--
                            [(i) data on the number of limited 
                        English proficient children in the 
                        school or school district to be served;
                            [(ii) information on the 
                        characteristics of the children, 
                        including--
                                    [(I) the native languages 
                                of the children;
                                    [(II) the proficiency of 
                                the children in English and 
                                their native language;
                                    [(III) achievement data 
                                (current as of the date of 
                                submission of the application) 
                                for the limited English 
                                proficient children in--
                                            [(aa) reading or 
                                        language arts (in 
                                        English and in the 
                                        native language, if 
                                        applicable); and
                                            [(bb) mathematics;
                                    [(IV) a comparison of that 
                                data for the children with that 
                                data for the English proficient 
                                peers of the children; and
                                    [(V) the previous schooling 
                                experiences of the children;
                            [(iii) the professional development 
                        needs of the instruction personnel who 
                        will provide services for the limited 
                        English proficient children under the 
                        proposed program; and
                            [(iv) how the services provided 
                        through the grant will supplement the 
                        basic services provided to limited 
                        English proficient children.
                    [(B) A description of the program to be 
                implemented and how such program's design--
                            [(i) relates to the linguistic and 
                        academic needs of the limited English 
                        proficient children to be served;
                            [(ii) will ensure that the services 
                        provided through the program will 
                        supplement the basic services the 
                        applicant provides to limited English 
                        proficient children;
                            [(iii) will ensure that the program 
                        is coordinated with other programs 
                        under this Act and other Acts;
                            [(iv) involves the parents of the 
                        limited English proficient children to 
                        be served;
                            [(v) ensures accountability in 
                        achieving high academic standards; and
                            [(vi) promotes coordination of 
                        services for the limited English 
                        proficient children to be served and 
                        their families.
                    [(C) A description, if appropriate, of the 
                applicant's collaborative activities with 
                institutions of higher education, community-
                based organizations, local educational agencies 
                or State educational agencies, private schools, 
                nonprofit organizations, or businesses in 
                carrying out the proposed program.
                    [(D) An assurance that the applicant will 
                not reduce the level of State and local funds 
                that the applicant expends for language 
                instruction educational programs or special 
                alternative instruction programs if the 
                applicant receives an award under this subpart.
                    [(E) An assurance that the applicant will 
                employ teachers in the proposed program who, 
                individually or in combination, are proficient 
                in--
                            [(i) English, with respect to 
                        written, as well as oral, communication 
                        skills; and
                            [(ii) the native language of the 
                        majority of the children who the 
                        teachers teach, if instruction in the 
                        program is in the native language as 
                        well as English.
                    [(F) A budget for the grant funds.
            [(2) Additional information.--Each application for 
        a grant under section 3213 shall--
                    [(A) describe--
                            [(i) current services (as of the 
                        date of submission of the application) 
                        the applicant provides to limited 
                        English proficient children;
                            [(ii) what services limited English 
                        proficient children will receive under 
                        the grant that such children will not 
                        otherwise receive;
                            [(iii) how funds received under 
                        this subpart will be integrated with 
                        all other Federal, State, local, and 
                        private resources that may be used to 
                        serve limited English proficient 
                        children;
                            [(iv) specific achievement and 
                        school retention goals for the children 
                        to be served by the proposed program 
                        and how progress toward achieving such 
                        goals will be measured; and
                            [(v) the current family education 
                        programs (as of the date of submission 
                        of the application) of the eligible 
                        entity, if applicable; and
                    [(B) provide assurances that--
                            [(i) the program funded with the 
                        grant will be integrated with the 
                        overall educational program of the 
                        children served through the proposed 
                        program; and
                            [(ii) the application has been 
                        developed in consultation with parents 
                        and other representatives of the 
                        children to be served in such program.
    [(h) Approval of Applications.--An application for a grant 
under this subpart may be approved only if the Secretary 
determines that--
            [(1) the program proposed in the application will 
        use qualified personnel, including personnel who are 
        proficient in the language or languages used for 
        instruction;
            [(2) in designing the program, the eligible entity 
        has, after consultation with appropriate private school 
        officials--
                    [(A) taken into account the needs of 
                children in nonprofit private elementary 
                schools and secondary schools; and
                    [(B) in a manner consistent with the number 
                of such children enrolled in such schools in 
                the area to be served, whose educational needs 
                are of the type and whose language, and grade 
                levels are of a similar type to the needs, 
                language, and grade levels that the program is 
                intended to address, provided for the 
                participation of such children on a basis 
                comparable to the basis on which public school 
                children participate;
            [(3)(A) student evaluation and assessment 
        procedures in the program are valid and reliable for 
        limited English proficient children; and
            [(B) limited English proficient children with 
        disabilities will be identified and served through the 
        program in accordance with the requirements of the 
        Individuals with Disabilities Education Act;
            [(4) Federal funds made available for the program 
        will be used to supplement the State and local funds 
        that, in the absence of such Federal funds, would be 
        expended for special programs for children of limited 
        English proficient individuals, and in no case to 
        supplant such State and local funds, except that 
        nothing in this paragraph shall be construed to 
        preclude a local educational agency from using funds 
        made available under this subpart--
                    [(A) for activities carried out under an 
                order of a Federal or State court respecting 
                services to be provided to such children; or
                    [(B) to carry out a plan approved by the 
                Secretary as adequate under title VI of the 
                Civil Rights Act of 1964 with respect to 
                services to be provided to such children;
            [(5)(A) the assistance provided through the grant 
        will contribute toward building the capacity of the 
        eligible entity to provide a program on a regular 
        basis, similar to the proposed program, that will be of 
        sufficient size, scope, and quality to promise 
        significant improvement in the education of limited 
        English proficient children; and
            [(B) the eligible entity will have the resources 
        and commitment to continue the program of sufficient 
        size, scope, and quality when assistance under this 
        subpart is reduced or no longer available; and
            [(6) the eligible entity will use State and 
        national dissemination sources for program design and 
        dissemination of results and products.
    [(i) Consideration.--In determining whether to approve an 
application under this subpart, the Secretary shall give 
consideration to--
            [(1) the degree to which the program for which 
        assistance is sought involves the collaborative efforts 
        of institutions of higher education, community-based 
        organizations, the appropriate local educational agency 
        and State educational agency, or businesses; and
            [(2) whether the application provides for training 
        for personnel participating in, or preparing to 
        participate in, a program that will assist such 
        personnel in meeting State and local certification 
        requirements.]

[SEC. 3215. CAPACITY BUILDING.

    [Each recipient of a grant under this subpart shall use the 
grant in ways that will build such recipient's capacity to 
continue to offer high-quality language instruction educational 
programs and special alternative instruction programs to 
limited English proficient children after Federal assistance is 
reduced or eliminated.]

[SEC. 3216. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

    [Notwithstanding any other provision of this part, programs 
authorized under this subpart that serve Native American 
(including Native American Pacific Islander) children and 
children in the Commonwealth of Puerto Rico may include 
programs of instruction, teacher training, curriculum 
development, evaluation, and assessment designed for Native 
American children learning and studying Native American 
languages and children of limited Spanish proficiency, except 
that an outcome of programs serving such children shall be 
increased English proficiency among such children.]

[SEC. 3217. EVALUATIONS.

    [(a) Evaluation.--Each recipient of funds under this 
subpart for a program shall annually conduct an evaluation of 
the program and submit to the Secretary a report concerning the 
evaluation, in the form prescribed by the Secretary.
    [(b) Use of Evaluation.--Such evaluation shall be used by 
the grant recipient--
            [(1) for program improvement;
            [(2) to further define the program's goals and 
        objectives; and
            [(3) to determine program effectiveness.
    [(c) Evaluation Report Components.--In preparing the 
evaluation reports, the recipient shall--
            [(1) use the data provided in the application 
        submitted by the recipient under section 3214 as 
        baseline data against which to report academic 
        achievement and gains in English proficiency for 
        children in the program;
            [(2) disaggregate the results of the evaluation by 
        gender, native languages spoken by children, 
        socioeconomic status, and whether the children have 
        disabilities;
            [(3) include data on the progress of the recipient 
        in achieving the objectives of the program, including 
        data demonstrating the extent to which children served 
        by the program are meeting the challenging State 
        academic content and student academic achievement 
        standards, and including data comparing limited English 
        proficient children with English proficient children 
        with regard to school retention and academic 
        achievement concerning--
                    [(A) reading and language arts;
                    [(B) English proficiency;
                    [(C) mathematics; and
                    [(D) the native language of the children, 
                if the program develops native language 
                proficiency;
            [(4) include information on the extent that 
        professional development activities carried out through 
        the program have resulted in improved classroom 
        practices and improved student academic achievement;
            [lude adescription of how the activities carried 
        out through the program are coordinated and integrated 
        with the other Federal, State, or local programs 
        serving limited English proficient children; and
            [(6) include such other information as the 
        Secretary may require.]

[SEC. 3218. CONSTRUCTION.

    [Nothing in this subpart shall be construed to prohibit a 
local educational agency from serving limited English 
proficient children simultaneously with children with similar 
educational needs, in the same educational settings where 
appropriate.]

          [Subpart 2--Research, Evaluation, and Dissemination]

[SEC. 3221. AUTHORITY.

    [(a) In General.--The Secretary is authorized to conduct 
data collection, dissemination, research, and ongoing program 
evaluation activities in accordance with the provisions of this 
subpart for the purpose of improving language instruction 
educational programs and special alternative instruction 
programs for limited English proficient children.
    [(b) Competitive Awards.--Research and program evaluation 
activities carried out under this subpart shall be supported 
through competitive grants, contracts, and cooperative 
agreements awarded to institutions of higher education, 
nonprofit organizations, State educational agencies, and local 
educational agencies.
    [(c) Administration.--The Secretary shall conduct data 
collection, dissemination, and ongoing program evaluation 
activities authorized by this subpart through the Office of 
English Language Acquisition, Language Enhancement, and 
Academic Achievement for Limited English Proficient Students.]

[SEC. 3222. RESEARCH.

    [(a) Administration.--The Secretary shall conduct research 
activities authorized by this subpart through the Institute of 
Education Sciences in coordination and collaboration with the 
Office of English Language Acquisition, Language Enhancement, 
and Academic Achievement for Limited English Proficient 
Students.
    [(b) Requirements.--Such research activities--
            [(1) shall have a practical application to 
        teachers, counselors, paraprofessionals, school 
        administrators, parents, and others involved in 
        improving the education of limited English proficient 
        children and their families;
            [(2) may include research on effective instruction 
        practices for multilingual classes, and on effective 
        instruction strategies to be used by a teacher or other 
        staff member who does not know the native language of a 
        limited English proficient child in the teacher's or 
        staff member's classroom;
            [(3) may include establishing (through the National 
        Center for Education Statistics in consultation with 
        experts in second language acquisition and 
        scientifically based research on teaching limited 
        English proficient children) a common definition of 
        ``limited English proficient child'' for purposes of 
        national data collection; and
            [(4) shall be administered by individuals with 
        expertise in second language acquisition, 
        scientifically based research on teaching limited 
        English proficient children, and the needs of limited 
        English proficient children and their families.
    [(c) Field-Initiated Research.--
            [(1) In general.--The Secretary shall reserve not 
        less than 5 percent of the funds made available to 
        carry out this section for field-initiated research 
        conducted by recipients of grants under subpart 1 or 
        this subpart who have received such grants within the 
        previous 5 years. Such research may provide for 
        longitudinal studies of limited English proficient 
        children or teachers who serve such children, 
        monitoring the education of such children from entry 
        into language instruction educational programs through 
        secondary school completion.
            [(2) Applications.--An applicant for assistance 
        under this subsection may submit an application for 
        such assistance to the Secretary at the same time as 
        the applicant submits another application under subpart 
        1 or this subpart. The Secretary shall complete a 
        review of such applications on a timely basis to allow 
        the activities carried out under research and program 
        grants to be coordinated when recipients are awarded 
        two or more of such grants.
    [(d) Consultation.--The Secretary shall consult with 
agencies, organizations, and individuals that are engaged in 
research and practice on the education of limited English 
proficient children, language instruction educational programs, 
or related research, to identify areas of study and activities 
to be funded under this section.
    [(e) Data Collection.--The Secretary shall provide for the 
collection of data on limited English proficient children as 
part of the data systems operated by the Department.]

[SEC. 3223. ACADEMIC EXCELLENCE AWARDS.

    [(a) Authority.--The Secretary may make grants to State 
educational agencies to assist the agencies in recognizing 
local educational agencies and other public and nonprofit 
entities whose programs have--
            [(1) demonstrated significant progress in assisting 
        limited English proficient children to learn English 
        according to age appropriate and developmentally 
        appropriate standards; and
            [(2) demonstrated significant progress in assisting 
        limited English proficient children to meet, according 
        to age appropriate and developmentally appropriate 
        standards, the same challenging State academic content 
        and student academic achievement standards as all 
        children are expected to meet.
    [(b) Applications.--A State educational agency desiring a 
grant under this section shall include an application for such 
grant in the application submitted by the agency under section 
3224(e).]

[SEC. 3224. STATE GRANT PROGRAM.

    [(a) State Grant Program.--The Secretary is authorized to 
make an award to a State educational agency that demonstrates, 
to the satisfaction of the Secretary, that such agency, through 
such agency's programs and other Federal education programs, 
effectively provides for the education of limited English 
proficient children within the State.
    [(b) Payments.--The amount paid to a State educational 
agency under subsection (a) shall not exceed 5 percent of the 
total amount awarded to local educational agencies and entities 
within the State under subpart 1 for the previous fiscal year, 
except that in no case shall the amount paid by the Secretary 
to any State educational agency under this subsection for any 
fiscal year be less than $100,000.
    [(c) Use of Funds.--
            [(1) In general.--A State educational agency shall 
        use funds awarded under this section--
                    [(A) to assist local educational agencies 
                in the State with activities that--
                            [(i) consist of program design, 
                        capacity building, assessment of 
                        student academic achievement, program 
                        evaluation, and development of data 
                        collection and accountability systems 
                        for limited English proficient 
                        children; and
                            [(ii) are aligned with State reform 
                        efforts; and
                    [(B) to collect data on the State's limited 
                English proficient populations and document the 
                services available to all such populations.
            [(2) Training.--The State educational agency may 
        also use funds provided under this section for the 
        training of State educational agency personnel in 
        educational issues affecting limited English proficient 
        children.
            [(3) Special rule.--Recipients of funds under this 
        section shall not restrict the provision of services 
        under this section to federally funded programs.
    [(d) State Consultation.--A State educational agency 
receiving funds under this section shall consult with 
recipients of grants under this subpart and other individuals 
or organizations involved in the development or operation of 
programs serving limited English proficient children to ensure 
that such funds are used in a manner consistent with the 
requirements of this subpart.
    [(e) Applications.--A State educational agency desiring to 
receive funds under this section shall submit an application to 
the Secretary at such time, in such form, and containing such 
information and assurances as the Secretary may require.
    [(f) Supplement, Not Supplant.--Federal funds made 
available under this section for any fiscal year shall be used 
by the State educational agency to supplement and, to the 
extent practical, to increase the State funds that, in the 
absence of such Federal funds, would be made available for the 
purposes described in this section, and in no case to supplant 
such State funds.
    [(g) Report to the Secretary.--A State educational agency 
receiving an award under this section shall provide for the 
annual submission of a summary report to the Secretary 
describing such State's use of the funds made available through 
the award.]

[SEC. 3225. INSTRUCTION MATERIALS DEVELOPMENT.

    [(a) In General.--The Secretary may make grants for the 
development, publication, and dissemination of high-quality 
instruction materials--
            [(1) in Native American languages (including Native 
        Hawaiian languages and the language of Native American 
        Pacific Islanders), and the language of natives of the 
        outlying areas, for which instruction materials are not 
        readily available; and
            [(2) in other low-incidence languages in the United 
        States for which instruction materials are not readily 
        available.
    [(b) Priority.--In making the grants, the Secretary shall 
give priority to applicants for the grants who propose--
            [(1) to develop instruction materials in languages 
        indigenous to the United States or the outlying areas; 
        and
            [(2) to develop and evaluate materials, in 
        collaboration with entities carrying out activities 
        assisted under subpart 1 and this subpart, that are 
        consistent with challenging State academic content and 
        student academic achievement standards.]

                 [Subpart 3--Professional Development]

[SEC. 3231. PROFESSIONAL DEVELOPMENT GRANTS.

    [(a) Purpose.--The purpose of this section is to provide 
assistance to prepare educators to improve educational services 
for limited English proficient children by--
            [(1) supporting professional development programs 
        and activities to prepare teachers, pupil service 
        personnel, administrators, and other educational 
        personnel working in language instruction educational 
        programs to provide effective services to limited 
        English proficient children;
            [(2) incorporating curricula and resources 
        concerning appropriate and effective instruction and 
        assessment methodologies specific to limited English 
        proficient children into preservice and inservice 
        professional development programs;
            [(3) upgrading the qualifications and skills of 
        non-certified educational personnel, including 
        paraprofessionals, to enable such personnel to meet 
        high professional standards for educating limited 
        English proficient children;
            [(4) improving the quality of professional 
        development programs in schools or departments of 
        education at institutions of higher education, for 
        educational personnel serving, or preparing to serve, 
        limited English proficient children; and
            [(5) supporting the recruitment and training of 
        prospective educational personnel to serve limited 
        English proficient children by providing fellowships 
        for undergraduate, graduate, doctoral, and post-
        doctoral study related to the instruction of such 
        children.
    [(b) Authorization.--
            [(1) In general.--The Secretary is authorized to 
        award grants under this section to--
                    [(A) State educational agencies;
                    [(B) local educational agencies;
                    [(C) institutions of higher education; or
                    [(D) consortia of one or more local 
                educational agencies, State educational 
                agencies, institutions of higher education, 
                for-profit organizations, or nonprofit 
                organizations.
            [(2) Duration.--Each grant awarded under this 
        section shall be awarded for a period of not more than 
        4 years.
    [(c) Authorized Activities.--Grants awarded under this 
section shall be used to conduct high-quality professional 
development programs and effective activities to improve the 
quality of instruction and services provided to limited English 
proficient children, including--
            [(1) implementing preservice and inservice 
        professional development programs for teachers who 
        serve limited English proficient children, 
        administrators, and other educational personnel who are 
        preparing to provide educational services for limited 
        English proficient children, including professional 
        development programs that assist limited English 
        proficient children to attain English proficiency;
            [(2) implementing school-based collaborative 
        efforts among teachers to improve instruction in core 
        academic subjects, especially reading, for limited 
        English proficient children;
            [(3) developing and implementing programs to assist 
        beginning teachers who serve limited English proficient 
        children with transitioning to the teaching profession, 
        including programs that provide mentoring and team 
        teaching with trained and experienced teachers;
            [(4) implementing programs that support effective 
        teacher use of education technologies to improve 
        instruction and assessment;
            [(5) developing curricular materials and 
        assessments for teachers that are appropriate to the 
        needs of limited English proficient children, and that 
        are aligned with challenging State academic content and 
        student academic achievement standards, including 
        materials and assessments that ensure limited English 
        proficient children attain English proficiency;
            [(6) integrating and coordinating activities with 
        entities carrying out other programs consistent with 
        the purpose of this section and supported under this 
        Act, or other Acts as appropriate;
            [(7) developing and implementing career ladder 
        programs to upgrade the qualifications and skills of 
        non-certified educational personnel working in, or 
        preparing to work in, language instruction educational 
        programs to enable such personnel to meet high 
        professional standards, including standards for 
        certification and licensure as teachers;
            [(8) developing and implementing activities to help 
        recruit and train secondary school students as teachers 
        who serve limited English proficient children;
            [(9) providing fellowships and assistance for costs 
        related to enrollment in a course of study at an 
        institution of higher education that addresses the 
        instruction of limited English proficient children in 
        such areas as teacher training, program administration, 
        research, evaluation, and curriculum development, and 
        for the support of dissertation research related to 
        such study, except that any person receiving such a 
        fellowship or assistance shall agree to--
                    [(A) work in an activity related to 
                improving the educational services for limited 
                English proficient children authorized under 
                this subpart, including work as a teacher that 
                serves limited English proficient children, for 
                a period of time equivalent to the period of 
                time during which such person receives 
                assistance under this paragraph; or
                    [(B) repay such assistance; and
            [(10) carrying out such other activities as are 
        consistent with the purpose of this section.
    [(d) Application.--
            [(1) In general.--Each eligible entity desiring a 
        grant under this section shall submit an application to 
        the Secretary at such time, in such form, and 
        containing such information as the Secretary may 
        require.
            [(2) Contents.--Each application shall--
                    [(A) describe the programs and activities 
                proposed to be developed, implemented, and 
                administered under the award;
                    [(B) describe how the applicant has 
                consulted with, and assessed the needs of, 
                public and private schools serving limited 
                English proficient children to determine such 
                schools' need for, and the design of, the 
                program for which funds are sought; and
                    [(C) describe how the programs and 
                activities to be carried out under the award 
                will be used to ensure that limited English 
                proficient children meet challenging State 
                academic content and student academic 
                achievement standards and attain English 
                proficiency.
            [(3) Special rule.--An eligible entity that 
        proposes to conduct a master's-level or doctoral-level 
        program with funds received under this section shall 
        include in the entity's application an assurance that 
        such program will include a training practicum in a 
        local elementary school or secondary school program 
        serving limited English proficient children.
            [(4) Outreach and technical assistance.--The 
        Secretary shall provide for outreach and technical 
        assistance to institutions of higher education eligible 
        for assistance under title III of the Higher Education 
        Act of 1965, and institutions of higher education that 
        are operated or funded by the Bureau of Indian Affairs, 
        to facilitate the participation of such institutions in 
        programs and activities under this section.
            [(5) Distribution rule.--In making awards under 
        this section, the Secretary shall ensure adequate 
        representation of Hispanic-serving institutions that 
        demonstrate competence and experience in carrying out 
        the programs and activities authorized under this 
        section and that are otherwise qualified.
    [(e) Priorities in Awarding Grants.--
            [(1) Grants to agencies.--In awarding grants to 
        State educational agencies and local educational 
        agencies under this section, the Secretary shall give 
        priority to agencies that propose programs and 
        activities designed to implement professional 
        development programs for teachers and educational 
        personnel who are providing or preparing to provide 
        educational services for limited English proficient 
        children, including services provided through language 
        instruction educational programs, that ensure such 
        children attain English proficiency and meet 
        challenging State academic content and student academic 
        achievement standards.
            [(2) Grants to institutions of higher education.--
        In awarding grants to institutions of higher education 
        under this section, the Secretary shall give priority 
        to institutions that propose programs and activities to 
        recruit and upgrade the qualifications and skills of 
        certified and non-certified educational personnel by 
        offering degree programs that prepare beginning 
        teachers to serve limited English proficient children.
    [(f) Program Evaluations.--Each recipient of an award under 
this section for a program or activity shall annually conduct 
an independent evaluation of the program or activity and submit 
to the Secretary a report containing such evaluation. Such 
report shall include information on--
            [(1) the program or activity conducted by the 
        recipient to provide high-quality professional 
        development to participants in such program or 
        activity;
            [(2) the number of participants served through the 
        program or activity, the number of participants who 
        completed the requirements of the program or activity, 
        and the number of participants who took positions in an 
        instruction setting with limited English proficient 
        children;
            [(3) the effectiveness of the program or activity 
        in imparting the professional skills necessary for 
        participants to achieve the objectives of the program 
        or activity; and
            [(4) the teaching effectiveness of graduates of the 
        program or activity or other participants who have 
        completed the program or activity.]

           [Subpart 4--Emergency Immigrant Education Program]

[SEC. 3241. PURPOSE.

     [The purpose of this subpart is to assist eligible local 
educational agencies that experience unexpectedly large 
increases in their student population due to immigration--
            [(1) to provide high-quality instruction to 
        immigrant children and youth; and
            [(2) to help such children and youth--
                    [(A) with their transition into American 
                society; and
                    [(B) meet the same challenging State 
                academic content and student academic 
                achievement standards as all children are 
                expected to meet.]

[SEC. 3242. STATE ADMINISTRATIVE COSTS.

    [For any fiscal year, a State educational agency may 
reserve not more than 1.5 percent (2 percent if the State 
educational agency distributes funds received under this 
subpart to local educational agencies on a competitive basis) 
of the amount allotted to such agency under section 3244 to pay 
the costs of performing such agency's administrative functions 
under this subpart.]

[SEC. 3243. WITHHOLDING.

    [Whenever the Secretary, after providing reasonable notice 
and opportunity for a hearing to any State educational agency, 
finds that there is a failure to comply with a requirement of 
any provision of this subpart, the Secretary shall notify that 
agency that further payments will not be made to the agency 
under this subpart or, in the discretion of the Secretary, that 
the State educational agency shall not make further payments 
under this subpart to specified local educational agencies 
whose actions cause or are involved in such failure until the 
Secretary is satisfied that there is no longer any such failure 
to comply. Until the Secretary is so satisfied, no further 
payments shall be made to the State educational agency under 
this subpart, or payments by the State educational agency under 
this subpart shall be limited to local educational agencies 
whose actions did not cause or were not involved in the 
failure, as the case may be.]

[SEC. 3244. STATE ALLOTMENTS.

    [(a) Payments.--The Secretary shall, in accordance with the 
provisions of this section, make payments to State educational 
agencies for each of the fiscal years 2002 through 2008 for the 
purpose set forth in section 3241.
    [(b) Allotments.--
            [(1) In general.--Except as provided in subsections 
        (c) and (d), of the amount appropriated for each fiscal 
        year for this subpart, each State participating in the 
        program assisted under this subpart shall receive an 
        allotment equal to the proportion of the number of 
        immigrant children and youth who are enrolled in public 
        elementary schools or secondary schools under the 
        jurisdiction of each local educational agency described 
        in paragraph (2), and in nonpublic elementary schools 
        or secondary schools within the district served by each 
        such local educational agency within such State, 
        relative to the total number of immigrant children and 
        youth so enrolled in all the States participating in 
        the program assisted under this subpart.
            [(2) Eligible local educational agencies.--A local 
        educational agency referred to in paragraph (1) is a 
        local educational agency for which the sum of the 
        number of immigrant children and youth who are enrolled 
        in public elementary schools or secondary schools under 
        the jurisdiction of such agency, and in nonpublic 
        elementary schools or secondary schools within the 
        district served by such agency, during the fiscal year 
        for which the payments are to be made under this 
        subpart, is equal to at least--
                    [(A) 500; or
                    [(B) 3 percent of the total number of 
                children enrolled in such public or nonpublic 
                schools during such fiscal year,
        whichever is less.
    [(c) Determinations of Number of Children and Youth.--
            [(1) In general.--Determinations by the Secretary 
        under this section for any period with respect to the 
        number of immigrant children and youth shall be made on 
        the basis of data or estimates provided to the 
        Secretary by each State educational agency in 
        accordance with criteria established by the Secretary, 
        unless the Secretary determines, after notice and 
        opportunity for a hearing to the affected State 
        educational agency, that such data or estimates are 
        clearly erroneous.
            [(2) Special rule.--No such determination with 
        respect to the number of immigrant children and youth 
        shall operate because of an underestimate or 
        overestimate to deprive any State educational agency of 
        the allotment under this section that such State would 
        otherwise have received had such determination been 
        made on the basis of accurate data.
    [(d) Reallotment.--
            [(1) In general.--Whenever the Secretary determines 
        that any amount of a payment made to a State under this 
        subpart for a fiscal year will not be used by such 
        State for carrying out the purpose for which the 
        payment was made, the Secretary shall make such amount 
        available for carrying out such purpose to one or more 
        other States to the extent the Secretary determines 
        that such other States will be able to use such 
        additional amount for carrying out such purpose.
            [(2) Fiscal year.--Any amount made available to a 
        State from any appropriation for a fiscal year in 
        accordance with paragraph (1) shall, for purposes of 
        this subpart, be regarded as part of such State's 
        payment (as determined under subsection (b)) for such 
        year, but shall remain available until the end of the 
        succeeding fiscal year.
    [(e) Reservation of Funds.--
            [(1) In general.--Notwithstanding any other 
        provision of this subpart, if the amount appropriated 
        to carry out this subpart exceeds $50,000,000 for a 
        fiscal year, a State educational agency may reserve not 
        more than 20 percent of such agency's payment under 
        this subpart for such year to award grants, on a 
        competitive basis, to local educational agencies within 
        the State as follows:
                    [(A) Agencies with immigrant children and 
                youth.--At least \1/2\ of the funds reserved 
                under this paragraph shall be made available to 
                eligible local educational agencies (as 
                described in subsection (b)(2)) within the 
                State with the highest numbers and percentages 
                of immigrant children and youth.
                    [(B) Agencies with a sudden influx of 
                children and youth.--Funds reserved under this 
                paragraph and not made available under 
                subparagraph (A) may be distributed to local 
                educational agencies within the State that are 
                experiencing a sudden influx of immigrant 
                children and youth and that are otherwise not 
                eligible for assistance under this subpart.
            [(2) Use of grant funds.--Each local educational 
        agency receiving a grant under paragraph (1) shall use 
        such grant funds to carry out the activities described 
        in section 3247.
            [(3) Information.--Local educational agencies 
        receiving funds under paragraph (1) with the highest 
        number of immigrant children and youth may make 
        information available on serving immigrant children and 
        youth to local educational agencies in the State with 
        sparse numbers of such children and youth.]

[SEC. 3245. STATE APPLICATIONS.

    [(a) Submission.--No State educational agency shall receive 
any payment under this subpart for any fiscal year unless such 
agency submits an application to the Secretary at such time, in 
such manner, and containing or accompanied by such information, 
as the Secretary may reasonably require. Each such application 
shall--
            [(1) provide that the educational programs, 
        services, and activities for which payments under this 
        subpart are made will be administered by or under the 
        supervision of the agency;
            [(2) provide assurances that payments under this 
        subpart will be used for purposes set forth in sections 
        3241 and 3247, including a description of how local 
        educational agencies receiving funds under this subpart 
        will use such funds to meet such purposes and will 
        coordinate with entities carrying out other programs 
        and activities assisted under this Act, and other Acts 
        as appropriate;
            [(3) provide an assurance that local educational 
        agencies receiving funds under this subpart will 
        coordinate the use of such funds with entities carrying 
        out programs and activities assisted under part A of 
        title I;
            [(4) provide assurances that such payments, with 
        the exception of payments reserved under section 
        3244(e), will be distributed among local educational 
        agencies within that State on the basis of the number 
        of immigrant children and youth counted with respect to 
        each such local educational agency under section 
        3244(b)(1);
            [(5) provide assurances that the State educational 
        agency will not finally disapprove in whole or in part 
        any application for funds received under this subpart 
        without first affording the local educational agency 
        submitting an application for such funds reasonable 
        notice and opportunity for a hearing;
            [(6) provide for making such reports as the 
        Secretary may reasonably require to perform the 
        Secretary's functions under this subpart;
            [(7) provide assurances--
                    [(A) that to the extent consistent with the 
                number of immigrant children and youth enrolled 
                in the nonpublic elementary schools or 
                secondary schools within the district served by 
                a local educational agency, such agency, after 
                consultation with appropriate officials of such 
                schools, shall provide for the benefit of such 
                children and youth secular, neutral, and 
                nonideological services, materials, and 
                equipment necessary for the education of such 
                children and youth;
                    [(B) that the control of funds provided 
                under this subpart for any materials or 
                equipment, or property repaired, remodeled, or 
                constructed with those funds shall be in a 
                public agency for the uses and purpose provided 
                in this subpart, and a public agency shall 
                administer such funds and property; and
                    [(C) that the provision of services 
                pursuant to this paragraph shall be provided by 
                employees of a public agency or through 
                contract by such public agency with a person, 
                association, agency, or corporation who or 
                which, in the provision of such services, is 
                independent of such nonpublic elementary school 
                or secondary school and of any religious 
                organization, and such employment or contract 
                shall be under the control and supervision of 
                such public agency, and the funds provided 
                under this paragraph shall not be commingled 
                with State or local funds;
            [(8) provide that funds reserved under section 
        3244(e) be awarded on a competitive basis based on 
        merit and need in accordance with such section; and
            [(9) provide an assurance that the State 
        educational agency and local educational agencies in 
        the State receiving funds under this subpart will 
        comply with the requirements of section 1120(b).
    [(b) Application Review.--
            [(1) In general.--The Secretary shall review all 
        applications submitted pursuant to this section by 
        State educational agencies.
            [(2) Approval.--The Secretary shall approve any 
        application submitted by a State educational agency 
        that meets the requirements of this section.
            [(3) Disapproval.--The Secretary shall disapprove 
        any application submitted by a State educational agency 
        that does not meet the requirements of this section, 
        but shall not finally disapprove an application except 
        after providing reasonable notice, technical 
        assistance, and an opportunity for a hearing to the 
        State educational agency.]

[SEC. 3246. ADMINISTRATIVE PROVISIONS.

    [(a) Notification of Amount.--The Secretary, not later than 
June 1 of each year, shall notify each State educational agency 
that has an application approved under section 3245 of the 
amount of such agency's allotment under section 3244 for the 
succeeding year.
    [(b) Services to Immigrant Children and Youth Enrolled in 
Nonpublic Schools.--If by reason of any provision of law a 
local educational agency is prohibited from providing 
educational services for immigrant children and youth enrolled 
in nonpublic elementary schools and secondary schools, as 
required by section 3245(a)(7), or if the Secretary determines 
that a local educational agency has substantially failed or is 
unwilling to provide for the participation on an equitable 
basis of such children and youth enrolled in such schools, the 
Secretary may waive such requirement and shall arrange for the 
provision of services, subject to the requirements of this 
subpart, to such children and youth. Such waivers shall be 
subject to consultation, withholding, notice, and judicial 
review requirements in accordance with the provisions of title 
I.]

[SEC. 3247. USES OF FUNDS.

    [(a) Use of Funds.--Funds awarded under this subpart shall 
be used to pay for enhanced instructional opportunities for 
immigrant children and youth, which may include--
            [(1) family literacy, parent outreach, and training 
        activities designed to assist parents to become active 
        participants in the education of their children;
            [(2) support of personnel, including teacher aides 
        who have been specifically trained, or are being 
        trained, to provide services to immigrant children and 
        youth;
            [(3) tutorials, mentoring, and academic or career 
        counseling for immigrant children and youth;
            [(4) identification and acquisition of curricular 
        materials, educational software, and technologies;
            [(5) the provision of basic instruction services 
        that are directly attributable to the presence in the 
        school district of immigrant children and youth, 
        including payment of costs of providing additional 
        classroom supplies, costs of transportation, or such 
        other costs as are directly attributable to such 
        additional basic instruction services; and
            [(6) such other activities, related to the purpose 
        of this subpart, as the Secretary may authorize.
    [(b) Consortia.--A local educational agency that receives a 
grant under this subpart may collaborate or form a consortium 
with one or more local educational agencies, institutions of 
higher education, and nonprofit organizations to carry out a 
program described in an application approved under this 
subpart.
    [(c) Subgrants.--A local educational agency that receives a 
grant under this subpart may, with the approval of the 
Secretary, make a subgrant to, or enter into a contract with, 
an institution of higher education, a nonprofit organization, 
or a consortium of such institutions or organizations to carry 
out a program described in an application approved under this 
subpart, including a program to serve out-of-school youth.
    [(d) Construction.--Nothing in this subpart shall be 
construed to prohibit a local educational agency from serving 
immigrant children and youth simultaneously with children and 
youth with similar educational needs, in the same educational 
settings where appropriate.]

[SEC. 3248. REPORTS.

    [(a) Biennial Report.--Each State educational agency 
receiving funds under this subpart shall submit, once every 2 
years, a report to the Secretary concerning the expenditure of 
funds by local educational agencies under this subpart. Each 
local educational agency receiving funds under this subpart 
shall submit to the State educational agency such information 
as may be necessary for such report.
    [(b) Report to Congress.--The Secretary shall submit, once 
every 2 years, a report to the appropriate committees of 
Congress concerning programs assisted under this subpart.]

                      [Subpart 5--Administration]

[SEC. 3251. RELEASE TIME.

    [The Secretary shall allow entities carrying out 
professional development programs funded under this part to use 
funds provided under this part for professional release time to 
enable individuals to participate in programs assisted under 
this part.]

[SEC. 3252. NOTIFICATION.

    [A State educational agency, and when applicable, the State 
board for postsecondary education, shall be notified within 3 
working days after the date an award under this part is made to 
an eligible entity within the State.]

[SEC. 3253. COORDINATION AND REPORTING REQUIREMENTS.

    [(a) Coordination With Related Programs.--In order to 
maximize Federal efforts aimed at serving the educational needs 
of children and youth of limited English proficiency, the 
Secretary shall coordinate and ensure close cooperation with 
other programs serving language-minority and limited English 
proficient children that are administered by the Department and 
other agencies. The Secretary shall consult with the Secretary 
of Labor, the Secretary of Health and Human Services, the 
Secretary of Agriculture, the Attorney General, and the heads 
of other relevant agencies to identify and eliminate barriers 
to appropriate coordination of programs that affect language-
minority and limited English proficient children and their 
families. The Secretary shall provide for continuing 
consultation and collaboration, between the Office of English 
Language Acquisition, Language Enhancement, and Academic 
Achievement for Limited English Proficient Students and 
relevant programs operated by the Department, including 
programs under this part and other programs under this Act, in 
planning, contracts, providing joint technical assistance, 
providing joint field monitoring activities and in other 
relevant activities to ensure effective program coordination to 
provide high-quality educational opportunities to all language-
minority and limited English proficient children.
    [(b) Data.--The Secretary shall, to the extent feasible, 
ensure that all data collected by the Department shall include 
the collection and reporting of data on limited English 
proficient children.
    [(c) Publication of Proposals.--The Secretary shall publish 
and disseminate all requests for proposals for programs funded 
under this part.
    [(d) Report.--The Director shall prepare and, not later 
than February 1 of every other year, shall submit to the 
Secretary, the Committee on Education and the Workforce of the 
House of Representatives, and the Committee on Health, 
Education, Labor, and Pensions of the Senate a report--
            [(1) on programs and activities carried out to 
        serve limited English proficient children under this 
        part, and the effectiveness of such programs and 
        activities in improving the academic achievement and 
        English proficiency of children who are limited English 
        proficient;
            [(2) containing a critical synthesis of data 
        reported by States under section 3224, when applicable;
            [(3) containing an estimate of the number of 
        certified or licensed teachers working in language 
        instruction educational programs and educating limited 
        English proficient children, and an estimate of the 
        number of such teachers that will be needed for the 
        succeeding 5 fiscal years;
            [(4) containing the major findings of 
        scientifically based research carried out under this 
        part; and
            [(5) containing other information gathered from the 
        reports submitted to the Secretary under this title 
        when applicable.]

                  [PART C]PART B--GENERAL PROVISIONS]

SEC. [3301]3201. DEFINITIONS.

     Except as otherwise provided, in this title:
            (1) Child.--* * *

           *       *       *       *       *       *       *

            (5) Family education program.--The term ``family 
        education program'' means a language instruction 
        educational program or special alternative instruction 
        program that--
                    (A) is designed--
                            (i) to help [limited English 
                        proficient]English learner adults and 
                        out-of-school youths achieve English 
                        proficiency; and
                            (ii) to provide instruction on how 
                        parents and family members can 
                        facilitate the educational achievement 
                        of their children; and
                    [(B) when feasible, uses instructional 
                programs based on models developed under the 
                Even Start Family Literacy Programs, which 
                promote adult literacy and train parents to 
                support the educational growth of their 
                children, the Parents as Teachers Program, and 
                the Home Instruction Program for Preschool 
                Youngsters; and]
                    [(C)](B) gives preference to participation 
                by parents and immediate family members of 
                children attending school.

           *       *       *       *       *       *       *

            (8) Language instruction educational program.--The 
        term ``language instruction educational program'' means 
        an instruction course--
                    (A) in which [a limited English proficient 
                child]an English learner is placed for the 
                purpose of developing and attaining English 
                proficiency, while meeting challenging State 
                academic content and student academic 
                achievement standards, as required by section 
                1111(b)(1); and
                    (B) * * *

           *       *       *       *       *       *       *

[SEC. 3302. PARENTAL NOTIFICATION.

    [(a) In General.--Each eligible entity using funds provided 
under this title to provide a language instruction educational 
program shall, not later than 30 days after the beginning of 
the school year, inform a parent or the parents of a limited 
English proficient child identified for participation in, or 
participating in, such program of--
            [(1) the reasons for the identification of their 
        child as limited English proficient and in need of 
        placement in a language instruction educational 
        program;
            [(2) the child's level of English proficiency, how 
        such level was assessed, and the status of the child's 
        academic achievement;
            [(3) the method 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, instruction goals, and use of English and a 
        native language in instruction;
            [(4) how the program in which their child is, or 
        will be participating will meet the educational 
        strengths and needs of the child;
            [(5) how such program will specifically help their 
        child learn English, and meet age appropriate academic 
        achievement standards for grade promotion and 
        graduation;
            [(6) the specific exit requirements for such 
        program, the expected rate of transition from such 
        program into classrooms that are not tailored for 
        limited English proficient children, and the expected 
        rate of graduation from secondary school for such 
        program if funds under this title are used for children 
        in secondary schools;
            [(7) in the case of a child with a disability, how 
        such program meets the objectives of the individualized 
        education program of the child; and
            [(8) information pertaining to parental rights that 
        includes written guidance--
                    [(A) detailing--
                            [(i) the right that parents have to 
                        have their child immediately removed 
                        from such program upon their request; 
                        and
                            [(ii) 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
                    [(B) assisting parents in selecting among 
                various programs and methods of instruction, if 
                more than one program or method is offered by 
                the eligible entity.
    [(b) Separate Notification.--In addition to providing the 
information required to be provided under subsection (a), each 
eligible entity that is using funds provided under this title 
to provide a language instruction educational program, and that 
has failed to make progress on the annual measurable 
achievement objectives described in section 3122 for any fiscal 
year for which part A is in effect, shall separately inform a 
parent or the parents of a child identified for participation 
in such program, or participating in such program, of such 
failure not later than 30 days after such failure occurs.
    [(c) Receipt of Information.--The information required to 
be provided under subsections (a) and (b) to a parent shall be 
provided in an understandable and uniform format and, to the 
extent practicable, in a language that the parent can 
understand.
    [(d) Special Rule Applicable During School Year.--For a 
child who has not been identified for participation in a 
language instruction educational program prior to the beginning 
of the school year, the eligible entity shall carry out 
subsections (a) through (c) with respect to the parents of the 
child within 2 weeks of the child being placed in such a 
program.
    [(e) Parental Participation.--
            [(1) In General.--Each eligible entity using funds 
        provided under this title to provide a language 
        instruction educational program shall implement an 
        effective means of outreach to parents of limited 
        English proficient children to inform such parents of 
        how they can--
                    [(A) be involved in the education of their 
                children; and
                    [(B) be active participants in assisting 
                their children--
                            [(i) to learn English;
                            [(ii) to achieve at high levels in 
                        core academic subjects; and
                            [(iii) to meet the same challenging 
                        State academic content and student 
                        academic achievement standards as all 
                        children are expected to meet.
            [(2) Receipt of recommendations.--The outreach 
        described in paragraph (1) shall include holding, and 
        sending notice of opportunities for, regular meetings 
        for the purpose of formulating and responding to 
        recommendations from parents described in such 
        paragraph.
    [(f) Basis for Admission or Exclusion.--A child shall not 
be admitted to, or excluded from, any federally assisted 
education program on the basis of a surname or language-
minority status.]

SEC. [3303]3202. NATIONAL CLEARINGHOUSE.

     The Secretary shall establish and support the operation of 
a National Clearinghouse for English Language Acquisition and 
Language Instruction Educational Programs, which shall collect, 
analyze, synthesize, and disseminate information about language 
instruction educational programs for [limited English 
proficient children]English learners, and related programs. The 
National Clearinghouse shall--
            (1) * * *

           *       *       *       *       *       *       *

            (4) collect and disseminate information on--
                    (A) educational research and processes 
                related to the education of [limited English 
                proficient children]English learners, including 
                English learners with a disability, that 
                includes information on best practices on 
                instructing and serving English learners; and
                    (B) accountability systems that monitor the 
                academic progress of [limited English 
                proficient children]English learners in 
                language instruction educational programs, 
                including information on academic content and 
                English proficiency assessments for language 
                instruction educational programs; and
            (5) * * *

SEC. [3304]3203. REGULATIONS.

    In developing regulations under this title, the Secretary 
shall consult with State educational agencies and local 
educational agencies, organizations representing [limited 
English proficient individuals]English learners, and 
organizations representing teachers and other personnel 
involved in the education of [limited English proficient 
children]English learners.

           *       *       *       *       *       *       *

  [TITLE IV--[21ST CENTURY SCHOOLS] TITLE IV_SAFE AND HEALTHY STUDENTS

          [PART A--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES]

[SEC. 4001. SHORT TITLE.

    [This part may be cited as the ``Safe and Drug-Free Schools 
and Communities Act''.

[SEC. 4002. PURPOSE.

     [The purpose of this part is to support programs that 
prevent violence in and around schools; that prevent the 
illegal use of alcohol, tobacco, and drugs; that involve 
parents and communities; and that are coordinated with related 
Federal, State, school, and community efforts and resources to 
foster a safe and drug-free learning environment that supports 
student academic achievement, through the provision of Federal 
assistance to--
            [(1) States for grants to local educational 
        agencies and consortia of such agencies to establish, 
        operate, and improve local programs of school drug and 
        violence prevention and early intervention;
            [(2) States for grants to, and contracts with, 
        community-based organizations and public and private 
        entities for programs of drug and violence prevention 
        and early intervention, including community-wide drug 
        and violence prevention planning and organizing 
        activities;
            [(3) States for development, training, technical 
        assistance, and coordination activities; and
            [(4) public and private entities to provide 
        technical assistance; conduct training, demonstrations, 
        and evaluation; and to provide supplementary services 
        and community-wide drug and violence prevention 
        planning and organizing activities for the prevention 
        of drug use and violence among students and youth.

[SEC. 4003. AUTHORIZATION OF APPROPRIATIONS.

     [There are authorized to be appropriated--
            [(1) $650,000,000 for fiscal year 2002, and such 
        sums as may be necessary for each of the 5 succeeding 
        fiscal years, for State grants under subpart 1; and
            [(2) such sums for fiscal year 2002, and for each 
        of the 5 succeeding fiscal years, for national programs 
        under subpart 2.]

                       [Subpart 1--State Grants]

[SEC. 4111. RESERVATIONS AND ALLOTMENTS.

    [(a) Reservations.--
            [(1) In general.--From the amount made available 
        under section 4003(1) to carry out this subpart for 
        each fiscal year, the Secretary--
                    [(A) shall reserve 1 percent or $4,750,000 
                (whichever is greater) of such amount for 
                grants to Guam, American Samoa, the United 
                States Virgin Islands, and the Commonwealth of 
                the Northern Mariana Islands, to be allotted in 
                accordance with the Secretary's determination 
                of their respective needs and to carry out 
                programs described in this subpart;
                    [(B) shall reserve 1 percent or $4,750,000 
                (whichever is greater) of such amount for the 
                Secretary of the Interior to carry out programs 
                described in this subpart for Indian youth; and
                    [(C) shall reserve 0.2 percent of such 
                amount for Native Hawaiians to be used under 
                section 4117 to carry out programs described in 
                this subpart.
            [(2) Other reservations.--From the amount made 
        available under section 4003(2) to carry out subpart 2 
        for each fiscal year, the Secretary--
                    [(A) may reserve not more than $2,000,000 
                for the national impact evaluation required by 
                section 4122(a);
                    [(B) notwithstanding section 3 of the No 
                Child Left Behind Act of 2001, shall reserve an 
                amount necessary to make continuation grants to 
                grantees under the Safe Schools/Healthy 
                Students initiative (under the same terms and 
                conditions as provided for in the grants 
                involved).
    [(b) State Allotments.--
            [(1) In general.--Except as provided in paragraph 
        (2), the Secretary shall, for each fiscal year, allot 
        among the States--
                    [(A) one-half of the remainder not reserved 
                under subsection (a) according to the ratio 
                between the school-aged population of each 
                State and the school-aged population of all the 
                States; and
                    [(B) one-half of such remainder according 
                to the ratio between the amount each State 
                received under section 1124A for the preceding 
                year and the sum of such amounts received by 
                all the States.
            [(2) Minimum.--For any fiscal year, no State shall 
        be allotted under this subsection an amount that is 
        less than the greater of--
                    [(A) one-half of 1 percent of the total 
                amount allotted to all the States under this 
                subsection; or
                    [(B) the amount such State received for 
                fiscal year 2001 under section 4111 as such 
                section was in effect the day preceding the 
                date of enactment of the No Child Left Behind 
                Act of 2001.
            [(3) Reallotment.--
                    [(A) Reallotment for failure to apply.--If 
                any State does not apply for 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 section.
                    [(B) Reallotment of unused funds.--The 
                Secretary may reallot any amount of any 
                allotment to a State if the Secretary 
                determines that the State will be unable to use 
                such amount within 2 years of such allotment. 
                Such reallotments shall be made on the same 
                basis as allotments are made under paragraph 
                (1).
            [(4) Definition.--In this section the term 
        ``State'' means each of the 50 States, the District of 
        Columbia, and the Commonwealth of Puerto Rico.
    [(c) Limitation.--Amounts appropriated under section 
4003(2) for a fiscal year may not be increased above the 
amounts appropriated under such section for the previous fiscal 
year unless the amounts appropriated under section 4003(1) for 
the fiscal year involved are at least 10 percent greater that 
the amounts appropriated under such section 4003(1) for the 
previous fiscal year.]

[SEC. 4112. RESERVATION OF STATE FUNDS FOR SAFE AND DRUG-FREE SCHOOLS.

    [(a) State Reservation for the Chief Executive Officer of a 
State.--
            [(1) In general.--The chief executive officer of a 
        State may reserve not more than 20 percent of the total 
        amount allocated to a State under section 4111(b) for 
        each fiscal year to award competitive grants and 
        contracts to local educational agencies, community-
        based organizations (including community anti-drug 
        coalitions) other public entities and private 
        organizations, and consortia thereof. Such grants and 
        contracts shall be used to carry out the comprehensive 
        State plan described in section 4113(a) through 
        programs or activities that complement and support 
        activities of local educational agencies described in 
        section 4115(b). Such officer shall award grants based 
        on--
                    [(A) the quality of the program or activity 
                proposed; and
                    [(B) how the program or activity meets the 
                principles of effectiveness described in 
                section 4115(a).
            [(2) Priority.--In making such grants and contracts 
        under this section, a chief executive officer shall 
        give priority to programs and activities that prevent 
        illegal drug use and violence for--
                    [(A) children and youth who are not 
                normally served by State educational agencies 
                or local educational agencies; or
                    [(B) populations that need special services 
                or additional resources (such as youth in 
                juvenile detention facilities, runaway or 
                homeless children and youth, pregnant and 
                parenting teenagers, and school dropouts).
            [(3) Special consideration.--In awarding funds 
        under paragraph (1), a chief executive officer shall 
        give special consideration to grantees that pursue a 
        comprehensive approach to drug and violence prevention 
        that includes providing and incorporating mental health 
        services related to drug and violence prevention in 
        their program.
            [(4) Peer review.--Grants or contracts awarded 
        under this section shall be subject to a peer review 
        process.
            [(5) Use of funds.--Grants and contracts under this 
        section shall be used to implement drug and violence 
        prevention activities, including--
                    [(A) activities that complement and support 
                local educational agency activities under 
                section 4115, including developing and 
                implementing activities to prevent and reduce 
                violence associated with prejudice and 
                intolerance;
                    [(B) dissemination of information about 
                drug and violence prevention; and
                    [(C) development and implementation of 
                community-wide drug and violence prevention 
                planning and organizing.
            [(6) Administrative costs.--The chief executive 
        officer of a State may use not more than 3 percent of 
        the amount described in paragraph (1) for the 
        administrative costs incurred in carrying out the 
        duties of such officer under this section.
    [(b) In State Distribution.--
            [(1) In general.--A State educational agency shall 
        distribute not less than 93 percent of the amount made 
        available to the State under section 4111(b), less the 
        amount reserved under subsection (a) of this section, 
        to its local educational agencies.
            [(2) State administration costs.--
                    [(A) In general.--A State educational 
                agency may use not more than 3 percent of the 
                amount made available to the State under 
                section 4111(b) for each fiscal year less the 
                amount reserved under subsection (a) of this 
                section, for State educational agency 
                administrative costs, including the 
                implementation of the uniform management 
                information and reporting system as provided 
                for under subsection (c)(3).
                    [(B) Additional amounts for the uniform 
                management information system.--In the case of 
                fiscal year 2002, a State educational agency 
                may, in addition to amounts provided for in 
                subparagraph (A), use 1 percent of the amount 
                made available to the State educational agency 
                under section 4111(b) for each fiscal year less 
                the amount reserved under subsection (a) of 
                this section, for implementation of the uniform 
                management information and reporting system as 
                provided for under subsection (c)(3).
    [(c) State Activities.--
            [(1) In general.--A State educational agency may 
        use not more than 5 percent of the amount made 
        available to the State under section 4111(b) for each 
        fiscal year less the amount reserved under subsection 
        (a) of this section, for activities described in this 
        subsection.
            [(2) Activities.--A State educational agency shall 
        use the amounts described in paragraph (1), either 
        directly, or through grants and contracts, to plan, 
        develop, and implement capacity building, technical 
        assistance and training, evaluation, program 
        improvement services, and coordination activities for 
        local educational agencies, community-based 
        organizations, and other public and private entities. 
        Such uses--
                    [(A) shall meet the principles of 
                effectiveness described in section 4115(a);
                    [(B) shall complement and support local 
                uses of funds under section 4115(b);
                    [(C) shall be in accordance with the 
                purposes of this part; and
                    [(D) may include, among others activities--
                            [(i) identification, development, 
                        evaluation, and dissemination of drug 
                        and violence prevention strategies, 
                        programs, activities, and other 
                        information;
                            [(ii) training, technical 
                        assistance, and demonstration projects 
                        to address violence that is associated 
                        with prejudice and intolerance; and
                            [(iii) financial assistance to 
                        enhance drug and violence prevention 
                        resources available in areas that serve 
                        large numbers of low-income children, 
                        are sparsely populated, or have other 
                        special needs.
            [(3) Uniform management information and reporting 
        system.--
                    [(A) Information and statistics.--A State 
                shall establish a uniform management 
                information and reporting system.
                    [(B) Uses of funds.--A State may use funds 
                described in subparagraphs (A) and (B) of 
                subsection (b)(2), either directly or through 
                grants and contracts, to implement the uniform 
                management information and reporting system 
                described in subparagraph (A), for the 
                collection of information on--
                            [(i) truancy rates;
                            [(ii) the frequency, seriousness, 
                        and incidence of violence and drug-
                        related offenses resulting in 
                        suspensions and expulsions in 
                        elementary schools and secondary 
                        schools in the State;
                            [(iii) the types of curricula, 
                        programs, and services provided by the 
                        chief executive officer, the State 
                        educational agency, local educational 
                        agencies, and other recipients of funds 
                        under this subpart; and
                            [(iv) the incidence and prevalence, 
                        age of onset, perception of health 
                        risk, and perception of social 
                        disapproval of drug use and violence by 
                        youth in schools and communities.
                    [(C) Compilation of statistics.--In 
                compiling the statistics required for the 
                uniform management information and reporting 
                system, the offenses described in subparagraph 
                (B)(ii) shall be defined pursuant to the 
                State's criminal code, but shall not identify 
                victims of crimes or persons accused of crimes. 
                The collected data shall include incident 
                reports by school officials, anonymous student 
                surveys, and anonymous teacher surveys.
                    [(D) Reporting.--The information described 
                under subparagraph (B) shall be reported to the 
                public and the data referenced in clauses (i) 
                and (ii) of such subparagraph shall be reported 
                to the State on a school-by-school basis.
                    [(E) Limitation.--Nothing in this 
                subsection shall be construed to authorize the 
                Secretary to require particular policies, 
                procedures, or practices with respect to crimes 
                committed on school property or school 
                security.]

[SEC. 4113. STATE APPLICATION.

    [(a) In General.--In order to receive an allotment under 
section 4111(b) for any fiscal year, a State shall submit to 
the Secretary, at such time as the Secretary may require, an 
application that--
            [(1) contains a comprehensive plan for the use of 
        funds by the State educational agency and the chief 
        executive officer of the State to provide safe, 
        orderly, and drug-free schools and communities through 
        programs and activities that complement and support 
        activities of local educational agencies under section 
        4115(b), that comply with the principles of 
        effectiveness under section 4115(a), and that otherwise 
        are in accordance with the purpose of this part;
            [(2) describes how activities funded under this 
        subpart will foster a safe and drug-free learning 
        environment that supports academic achievement;
            [(3) provides an assurance that the application was 
        developed in consultation and coordination with 
        appropriate State officials and others, including the 
        chief executive officer, the chief State school 
        officer, the head of the State alcohol and drug abuse 
        agency, the heads of the State health and mental health 
        agencies, the head of the State criminal justice 
        planning agency, the head of the State child welfare 
        agency, the head of the State board of education, or 
        their designees, and representatives of parents, 
        students, and community-based organizations;
            [(4) describes how the State educational agency 
        will coordinate such agency's activities under this 
        subpart with the chief executive officer's drug and 
        violence prevention programs under this subpart and 
        with the prevention efforts of other State agencies and 
        other programs, as appropriate, in accordance with the 
        provisions in section 9306;
            [(5) provides an assurance that funds reserved 
        under section 4112(a) will not duplicate the efforts of 
        the State educational agency and local educational 
        agencies with regard to the provision of school-based 
        drug and violence prevention activities and that those 
        funds will be used to serve populations not normally 
        served by the State educational agencies and local 
        educational agencies and populations that need special 
        services, such as school dropouts, suspended and 
        expelled students, youth in detention centers, runaway 
        or homeless children and youth, and pregnant and 
        parenting youth;
            [(6) provides an assurance that the State will 
        cooperate with, and assist, the Secretary in conducting 
        data collection as required by section 4122;
            [(7) provides an assurance that the local 
        educational agencies in the State will comply with the 
        provisions of section 9501 pertaining to the 
        participation of private school children and teachers 
        in the programs and activities under this subpart;
            [(8) provides an assurance that funds under this 
        subpart will be used to increase the level of State, 
        local, and other non-Federal funds that would, in the 
        absence of funds under this subpart, be made available 
        for programs and activities authorized under this 
        subpart, and in no case supplant such State, local, and 
        other non-Federal funds;
            [(9) contains the results of a needs assessment 
        conducted by the State for drug and violence prevention 
        programs, which shall be based on ongoing State 
        evaluation activities, including data on--
                    [(A) the incidence and prevalence of 
                illegal drug use and violence among youth in 
                schools and communities, including the age of 
                onset, the perception of health risks, and the 
                perception of social disapproval among such 
                youth;
                    [(B) the prevalence of risk factors, 
                including high or increasing rates of reported 
                cases of child abuse or domestic violence;
                    [(C) the prevalence of protective factors, 
                buffers, or assets; and
                    [(D) other variables in the school and 
                community identified through scientifically 
                based research;
            [(10) provides a statement of the State's 
        performance measures for drug and violence prevention 
        programs and activities to be funded under this subpart 
        that will be focused on student behavior and attitudes, 
        derived from the needs assessment described in 
        paragraph (9), and be developed in consultation between 
        the State and local officials, and that consist of--
                    [(A) performance indicators for drug and 
                violence prevention programs and activities; 
                and
                    [(B) levels of performance for each 
                performance indicator;
            [(11) describes the procedures the State will use 
        for assessing and publicly reporting progress toward 
        meeting the performance measures described in paragraph 
        (10);
            [(12) provides an assurance that the State 
        application will be available for public review after 
        submission of the application;
            [(13) describes the special outreach activities 
        that will be carried out by the State educational 
        agency and the chief executive officer of the State to 
        maximize the participation of community-based 
        organizations of demonstrated effectiveness that 
        provide services such as mentoring programs in low-
        income communities;
            [(14) describes how funds will be used by the State 
        educational agency and the chief executive officer of 
        the State to support, develop, and implement community-
        wide comprehensive drug and violence prevention 
        planning and organizing activities;
            [(15) describes how input from parents will be 
        sought regarding the use of funds by the State 
        educational agency and the chief executive officer of 
        the State;
            [(16) describes how the State educational agency 
        will review applications from local educational 
        agencies, including how the agency will receive input 
        from parents in such review;
            [(17) describes how the State educational agency 
        will monitor the implementation of activities under 
        this subpart, and provide technical assistance for 
        local educational agencies, community-based 
        organizations, other public entities, and private 
        organizations;
            [(18) describes how the chief executive officer of 
        the State will award funds under section 4112(a) and 
        implement a plan for monitoring the performance of, and 
        providing technical assistance to, recipients of such 
        funds; and
            [(19) includes any other information the Secretary 
        may require.
    [(b) Interim Application.--
            [(1) Authority.--Notwithstanding any other 
        provision of this section, a State may submit for 
        fiscal year 2002 a 1-year interim application and plan 
        for the use of funds under this subpart that is 
        consistent with the requirements of this section and 
        contains such information as the Secretary may specify 
        in regulations.
            [(2) Purpose.--The purpose of such interim 
        application and plan shall be to afford the State the 
        opportunity to fully develop and review such State's 
        application and comprehensive plan otherwise required 
        by this section.
            [(3) Exception.--A State may not receive a grant 
        under this subpart for a fiscal year after fiscal year 
        2002 unless the Secretary has approved such State's 
        application and comprehensive plan as described in 
        subsection (a).
    [(c) Approval Process.--
            [(1) Deemed approval.--An application submitted by 
        a State pursuant to this section shall undergo peer 
        review by the Secretary and 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 subpart.
            [(2) Disapproval.--The Secretary shall not finally 
        disapprove the application, except after giving the 
        State educational agency and the chief executive 
        officer of the State notice and an opportunity for a 
        hearing.
            [(3) Notification.--If the Secretary finds that the 
        application is not in compliance, in whole or in part, 
        with this subpart, the Secretary shall--
                    [(A) give the State educational agency and 
                the chief executive officer of the State notice 
                and an opportunity for a hearing; and
                    [(B) notify the State educational agency 
                and the chief executive officer of the State of 
                the finding of noncompliance, and in such 
                notification, shall--
                            [(i) cite the specific provisions 
                        in the application that are not in 
                        compliance; and
                            [(ii) request additional 
                        information, only as to the 
                        noncompliant provisions, needed to make 
                        the application compliant.
            [(4) Response.--If the State educational agency and 
        the chief executive officer of the State respond to the 
        Secretary's notification described in paragraph (3)(B) 
        during the 45-day period beginning on the date on which 
        the agency received the notification, and resubmit the 
        application with the requested information described in 
        paragraph (3)(B)(ii), the Secretary shall approve or 
        disapprove such application prior to the later of--
                    [(A) the expiration of the 45-day period 
                beginning on the date on which the application 
                is resubmitted; or
                    [(B) the expiration of the 120-day period 
                described in paragraph (1).
            [(5) Failure to respond.--If the State educational 
        agency and the chief executive officer of the State do 
        not respond to the Secretary's notification described 
        in paragraph (3)(B) during the 45-day period beginning 
        on the date on which the agency received the 
        notification, such application shall be deemed to be 
        disapproved.]

[SEC. 4114. LOCAL EDUCATIONAL AGENCY PROGRAM.

    [(a) In General.--
            [(1) Funds to local educational agencies.--A State 
        shall provide the amount made available to the State 
        under this subpart, less the amounts reserved under 
        section 4112 to local educational agencies for drug and 
        violence prevention and education programs and 
        activities as follows:
                    [(A) 60 percent of such amount based on the 
                relative amount such agencies received under 
                part A of title I for the preceding fiscal 
                year.
                    [(B) 40 percent of such amount based on the 
                relative enrollments in public and private 
                nonprofit elementary schools and secondary 
                schools within the boundaries of such agencies.
            [(2) Administrative costs.--Of the amount received 
        under paragraph (1), a local educational agency may use 
        not more than 2 percent for the administrative costs of 
        carrying out its responsibilities under this subpart.
            [(3) Return of funds to state; reallocation.--
                    [(A) Return.--Except as provided in 
                subparagraph (B), upon the expiration of the 1-
                year period beginning on the date on which a 
                local educational agency receives its 
                allocation under this subpart--
                            [(i) such agency shall return to 
                        the State educational agency any funds 
                        from such allocation that remain 
                        unobligated; and
                            [(ii) the State educational agency 
                        shall reallocate any such amount to 
                        local educational agencies that have 
                        submitted plans for using such amount 
                        for programs or activities on a timely 
                        basis.
                    [(B) Carryover.--In any fiscal year, a 
                local educational agency, may retain for 
                obligation in the succeeding fiscal year--
                            [(i) an amount equal to not more 
                        than 25 percent of the allocation it 
                        received under this subpart for such 
                        fiscal year; or
                            [(ii) upon a demonstration of good 
                        cause by such agency and approval by 
                        the State educational agency, an amount 
                        that exceeds 25 percent of such 
                        allocation.
                    [(C) Reallocation.--If a local educational 
                agency chooses not to apply to receive the 
                amount allocated to such agency under this 
                subsection, or if such agency's application 
                under subsection (d) is disapproved by the 
                State educational agency, the State educational 
                agency shall reallocate such amount to one or 
                more of its other local educational agencies.
    [(b) Eligibility.--To be eligible to receive a subgrant 
under this subpart, a local educational agency desiring a 
subgrant shall submit an application to the State educational 
agency in accordance with subsection (d). Such an application 
shall be amended, as necessary, to reflect changes in the 
activities and programs of the local educational agency.
    [(c) Development.--
            [(1) Consultation.--
                    [(A) In general.--A local educational 
                agency shall develop its application through 
                timely and meaningful consultation with State 
                and local government representatives, 
                representatives of schools to be served 
                (including private schools), teachers and other 
                staff, parents, students, community-based 
                organizations, and others with relevant and 
                demonstrated expertise in drug and violence 
                prevention activities (such as medical, mental 
                health, and law enforcement professionals).
                    [(B) Continued consultation.--On an ongoing 
                basis, the local educational agency shall 
                consult with such representatives and 
                organizations in order to seek advice regarding 
                how best to coordinate such agency's activities 
                under this subpart with other related 
                strategies, programs, and activities being 
                conducted in the community.
            [(2) Design and development.--To ensure timely and 
        meaningful consultation under paragraph (1), a local 
        educational agency at the initial stages of design and 
        development of a program or activity shall consult, in 
        accordance with this subsection, with appropriate 
        entities and persons on issues regarding the design and 
        development of the program or activity, including 
        efforts to meet the principles of effectiveness 
        described in section 4115(a).
    [(d) Contents of Applications.--An application submitted by 
a local educational agency under this section shall contain--
            [(1) an assurance that the activities or programs 
        to be funded comply with the principles of 
        effectiveness described in section 4115(a) and foster a 
        safe and drug-free learning environment that supports 
        academic achievement;
            [(2) a detailed explanation of the local 
        educational agency's comprehensive plan for drug and 
        violence prevention, including a description of--
                    [(A) how the plan will be coordinated with 
                programs under this Act, and other Federal, 
                State, and local programs for drug and violence 
                prevention, in accordance with section 9306;
                    [(B) the local educational agency's 
                performance measures for drug and violence 
                prevention programs and activities, that shall 
                consist of--
                            [(i) performance indicators for 
                        drug and violence prevention programs 
                        and activities; including--
                                    [(I) specific reductions in 
                                the prevalence of identified 
                                risk factors; and
                                    [(II) specific increases in 
                                the prevalence of protective 
                                factors, buffers, or assets if 
                                any have been identified; and
                            [(ii) levels of performance for 
                        each performance indicator;
                    [(C) how such agency will assess and 
                publicly report progress toward attaining its 
                performance measures;
                    [(D) the drug and violence prevention 
                activity or program to be funded, including how 
                the activity or program will meet the 
                principles of effectiveness described in 
                section 4115(a), and the means of evaluating 
                such activity or program; and
                    [(E) how the services will be targeted to 
                schools and students with the greatest need;
            [(3) a description for how the results of the 
        evaluations of the effectiveness of the program will be 
        used to refine, improve, and strengthen the program;
            [(4) an assurance that funds under this subpart 
        will be used to increase the level of State, local, and 
        other non-Federal funds that would, in the absence of 
        funds under this subpart, be made available for 
        programs and activities authorized under this subpart, 
        and in no case supplant such State, local, and other 
        non-Federal funds;
            [(5) a description of the mechanisms used to 
        provide effective notice to the community of an 
        intention to submit an application under this subpart;
            [(6) an assurance that drug and violence prevention 
        programs supported under this subpart convey a clear 
        and consistent message that acts of violence and the 
        illegal use of drugs are wrong and harmful;
            [(7) an assurance that the applicant has, or the 
        schools to be served have, a plan for keeping schools 
        safe and drug-free that includes--
                    [(A) appropriate and effective school 
                discipline policies that prohibit disorderly 
                conduct, the illegal possession of weapons, and 
                the illegal use, possession, distribution, and 
                sale of tobacco, alcohol, and other drugs by 
                students;
                    [(B) security procedures at school and 
                while students are on the way to and from 
                school;
                    [(C) prevention activities that are 
                designed to create and maintain safe, 
                disciplined, and drug-free environments;
                    [(D) a crisis management plan for 
                responding to violent or traumatic incidents on 
                school grounds; and
                    [(E) a code of conduct policy for all 
                students that clearly states the 
                responsibilities of students, teachers, and 
                administrators in maintaining a classroom 
                environment that--
                            [(i) allows a teacher to 
                        communicate effectively with all 
                        students in the class;
                            [(ii) allows all students in the 
                        class to learn;
                            [(iii) has consequences that are 
                        fair, and developmentally appropriate;
                            [(iv) considers the student and the 
                        circumstances of the situation; and
                            [(v) is enforced accordingly;
            [(8) an assurance that the application and any 
        waiver request under section 4115(a)(3) will be 
        available for public review after submission of the 
        application; and
            [(9) such other assurances, goals, and objectives 
        identified through scientifically based research that 
        the State may reasonably require in accordance with the 
        purpose of this part.
    [(e) Review of Application.--
            [(1) In general.--In reviewing local applications 
        under this section, a State educational agency shall 
        use a peer review process or other methods of assuring 
        the quality of such applications.
            [(2) Considerations.--In determining whether to 
        approve the application of a local educational agency 
        under this section, a State educational agency shall 
        consider the quality of application and the extent to 
        which the application meets the principles of 
        effectiveness described in section 4115(a).
    [(f) Approval Process.--
            [(1) Deemed approval.--An application submitted by 
        a local educational agency pursuant to this section 
        shall be deemed to be approved by the State educational 
        agency unless the State educational agency makes a 
        written 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 this subpart.
            [(2) Disapproval.--The State educational agency 
        shall not finally disapprove the application, except 
        after giving the local educational agency notice and 
        opportunity for a hearing.
            [(3) Notification.--If the State educational agency 
        finds that the application is not in compliance, in 
        whole or in part, with this subpart, the State 
        educational agency shall--
                    [(A) give the local educational agency 
                notice and an opportunity for a hearing; and
                    [(B) notify the local educational agency of 
                the finding of noncompliance, and in such 
                notification, shall--
                            [(i) cite the specific provisions 
                        in the application that are not in 
                        compliance; and
                            [(ii) request additional 
                        information, only as to the 
                        noncompliant provisions, needed to make 
                        the application compliant.
            [(4) Response.--If the local educational agency 
        responds to the State educational agency's notification 
        described in paragraph (3)(B) 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 paragraph 
        (3)(B)(ii), the State educational agency shall approve 
        or disapprove such application prior to the later of--
                    [(A) the expiration of the 45-day period 
                beginning on the date on which the application 
                is resubmitted; or
                    [(B) the expiration of the 120-day period 
                described in paragraph (1).
            [(5) Failure to respond.--If the local educational 
        agency does not respond to the State educational 
        agency's notification described in paragraph (3)(B) 
        during the 45-day period beginning on the date on which 
        the agency received the notification, such application 
        shall be deemed to be disapproved.]

[SEC. 4115. AUTHORIZED ACTIVITIES.

    [(a) Principles of Effectiveness.--
            [(1) In general.--For a program or activity 
        developed pursuant to this subpart to meet the 
        principles of effectiveness, such program or activity 
        shall--
                    [(A) be based on an assessment of objective 
                data regarding the incidence of violence and 
                illegal drug use in the elementary schools and 
                secondary schools and communities to be served, 
                including an objective analysis of the current 
                conditions and consequences regarding violence 
                and illegal drug use, including delinquency and 
                serious discipline problems, among students who 
                attend such schools (including private school 
                students who participate in the drug and 
                violence prevention program) that is based on 
                ongoing local assessment or evaluation 
                activities;
                    [(B) be based on an established set of 
                performance measures aimed at ensuring that the 
                elementary schools and secondary schools and 
                communities to be served by the program have a 
                safe, orderly, and drug-free learning 
                environment;
                    [(C) be based on scientifically based 
                research that provides evidence that the 
                program to be used will reduce violence and 
                illegal drug use;
                    [(D) be based on an analysis of the data 
                reasonably available at the time, of the 
                prevalence of risk factors, including high or 
                increasing rates of reported cases of child 
                abuse and domestic violence; protective 
                factors, buffers, assets; or other variables in 
                schools and communities in the State identified 
                through scientifically based research; and
                    [(E) include meaningful and ongoing 
                consultation with and input from parents in the 
                development of the application and 
                administration of the program or activity.
            [(2) Periodic evaluation.--
                    [(A) Requirement.--The program or activity 
                shall undergo a periodic evaluation to assess 
                its progress toward reducing violence and 
                illegal drug use in schools to be served based 
                on performance measures described in section 
                4114(d)(2)(B).
                    [(B) Use of results.--The results shall be 
                used to refine, improve, and strengthen the 
                program, and to refine the performance 
                measures, and shall also be made available to 
                the public upon request, with public notice of 
                such availability provided.
            [(3) Waiver.--A local educational agency may apply 
        to the State for a waiver of the requirement of 
        subsection (a)(1)(C) to allow innovative activities or 
        programs that demonstrate substantial likelihood of 
        success.
    [(b) Local Educational Agency Activities.--
            [(1) Program requirements.--A local educational 
        agency shall use funds made available under section 
        4114 to develop, implement, and evaluate comprehensive 
        programs and activities, which are coordinated with 
        other school and community-based services and programs, 
        that shall--
                    [(A) foster a safe and drug-free learning 
                environment that supports academic achievement;
                    [(B) be consistent with the principles of 
                effectiveness described in subsection (a)(1);
                    [(C) be designed to--
                            [(i) prevent or reduce violence; 
                        the use, possession and distribution of 
                        illegal drugs; and delinquency; and
                            [(ii) create a well disciplined 
                        environment conducive to learning, 
                        which includes consultation between 
                        teachers, principals, and other school 
                        personnel to identify early warning 
                        signs of drug use and violence and to 
                        provide behavioral interventions as 
                        part of classroom management efforts; 
                        and
                    [(D) include activities to--
                            [(i) promote the involvement of 
                        parents in the activity or program;
                            [(ii) promote coordination with 
                        community groups and coalitions, and 
                        government agencies; and
                            [(iii) distribute information about 
                        the local educational agency's needs, 
                        goals, and programs under this subpart.
            [(2) Authorized activities.--Each local educational 
        agency, or consortium of such agencies, that receives a 
        subgrant under this subpart may use such funds to carry 
        out activities that comply with the principles of 
        effectiveness described in subsection (a), such as the 
        following:
                    [(A) Age appropriate and developmentally 
                based activities that--
                            [(i) address the consequences of 
                        violence and the illegal use of drugs, 
                        as appropriate;
                            [(ii) promote a sense of individual 
                        responsibility;
                            [(iii) teach students that most 
                        people do not illegally use drugs;
                            [(iv) teach students to recognize 
                        social and peer pressure to use drugs 
                        illegally and the skills for resisting 
                        illegal drug use;
                            [(v) teach students about the 
                        dangers of emerging drugs;
                            [(vi) engage students in the 
                        learning process; and
                            [(vii) incorporate activities in 
                        secondary schools that reinforce 
                        prevention activities implemented in 
                        elementary schools.
                    [(B) Activities that involve families, 
                community sectors (which may include 
                appropriately trained seniors), and a variety 
                of drug and violence prevention providers in 
                setting clear expectations against violence and 
                illegal use of drugs and appropriate 
                consequences for violence and illegal use of 
                drugs.
                    [(C) Dissemination of drug and violence 
                prevention information to schools and the 
                community.
                    [(D) Professional development and training 
                for, and involvement of, school personnel, 
                pupil services personnel, parents, and 
                interested community members in prevention, 
                education, early identification and 
                intervention, mentoring, or rehabilitation 
                referral, as related to drug and violence 
                prevention.
                    [(E) Drug and violence prevention 
                activities that may include the following:
                            [(i) Community-wide planning and 
                        organizing activities to reduce 
                        violence and illegal drug use, which 
                        may include gang activity prevention.
                            [(ii) Acquiring and installing 
                        metal detectors, electronic locks, 
                        surveillance cameras, or other related 
                        equipment and technologies.
                            [(iii) Reporting criminal offenses 
                        committed on school property.
                            [(iv) Developing and implementing 
                        comprehensive school security plans or 
                        obtaining technical assistance 
                        concerning such plans, which may 
                        include obtaining a security assessment 
                        or assistance from the School Security 
                        and Technology Resource Center at the 
                        Sandia National Laboratory located in 
                        Albuquerque, New Mexico.
                            [(v) Supporting safe zones of 
                        passage activities that ensure that 
                        students travel safely to and from 
                        school, which may include bicycle and 
                        pedestrian safety programs.
                            [(vi) The hiring and mandatory 
                        training, based on scientific research, 
                        of school security personnel (including 
                        school resource officers) who interact 
                        with students in support of youth drug 
                        and violence prevention activities 
                        under this part that are implemented in 
                        the school.
                            [(vii) Expanded and improved 
                        school-based mental health services 
                        related to illegal drug use and 
                        violence, including early 
                        identification of violence and illegal 
                        drug use, assessment, and direct or 
                        group counseling services provided to 
                        students, parents, families, and school 
                        personnel by qualified school-based 
                        mental health service providers.
                            [(viii) Conflict resolution 
                        programs, including peer mediation 
                        programs that educate and train peer 
                        mediators and a designated faculty 
                        supervisor, and youth anti-crime and 
                        anti-drug councils and activities.
                            [(ix) Alternative education 
                        programs or services for violent or 
                        drug abusing students that reduce the 
                        need for suspension or expulsion or 
                        that serve students who have been 
                        suspended or expelled from the regular 
                        educational settings, including 
                        programs or services to assist students 
                        to make continued progress toward 
                        meeting the State academic achievement 
                        standards and to reenter the regular 
                        education setting.
                            [(x) Counseling, mentoring, 
                        referral services, and other student 
                        assistance practices and programs, 
                        including assistance provided by 
                        qualified school-based mental health 
                        services providers and the training of 
                        teachers by school-based mental health 
                        services providers in appropriate 
                        identification and intervention 
                        techniques for students at risk of 
                        violent behavior and illegal use of 
                        drugs.
                            [(xi) Programs that encourage 
                        students to seek advice from, and to 
                        confide in, a trusted adult regarding 
                        concerns about violence and illegal 
                        drug use.
                            [(xii) Drug and violence prevention 
                        activities designed to reduce truancy.
                            [(xiii) Age-appropriate, 
                        developmentally-based violence 
                        prevention and education programs that 
                        address victimization associated with 
                        prejudice and intolerance, and that 
                        include activities designed to help 
                        students develop a sense of individual 
                        responsibility and respect for the 
                        rights of others, and to resolve 
                        conflicts without violence.
                            [(xiv) Consistent with the fourth 
                        amendment to the Constitution of the 
                        United States, the testing of a student 
                        for illegal drug use or the inspecting 
                        of a student's locker for weapons or 
                        illegal drugs or drug paraphernalia, 
                        including at the request of or with the 
                        consent of a parent or legal guardian 
                        of the student, if the local 
                        educational agency elects to so test or 
                        inspect.
                            [(xv) Emergency intervention 
                        services following traumatic crisis 
                        events, such as a shooting, major 
                        accident, or a drug-related incident 
                        that have disrupted the learning 
                        environment.
                            [(xvi) Establishing or implementing 
                        a system for transferring suspension 
                        and expulsion records, consistent with 
                        section 444 of the General Education 
                        Provisions Act (20 U.S.C. 1232g), by a 
                        local educational agency to any public 
                        or private elementary school or 
                        secondary school.
                            [(xvii) Developing and implementing 
                        character education programs, as a 
                        component of drug and violence 
                        prevention programs, that take into 
                        account the views of parents of the 
                        students for whom the program is 
                        intended and such students, such as a 
                        program described in subpart 3 of part 
                        D of title V.
                            [(xviii) Establishing and 
                        maintaining a school safety hotline.
                            [(xix) Community service, including 
                        community service performed by expelled 
                        students, and service-learning 
                        projects.
                            [(xx) Conducting a nationwide 
                        background check of each local 
                        educational agency employee, regardless 
                        of when hired, and prospective 
                        employees for the purpose of 
                        determining whether the employee or 
                        prospective employee has been convicted 
                        of a crime that bears upon the 
                        employee's fitness--
                                    [(I) to be responsible for 
                                the safety or well-being of 
                                children;
                                    [(II) to serve in the 
                                particular capacity in which 
                                the employee or prospective 
                                employee is or will be 
                                employed; or
                                    [(III) to otherwise be 
                                employed by the local 
                                educational agency.
                            [(xxi) Programs to train school 
                        personnel to identify warning signs of 
                        youth suicide and to create an action 
                        plan to help youth at risk of suicide.
                            [(xxii) Programs that respond to 
                        the needs of students who are faced 
                        with domestic violence or child abuse.
                    [(F) The evaluation of any of the 
                activities authorized under this subsection and 
                the collection of objective data used to assess 
                program needs, program implementation, or 
                program success in achieving program goals and 
                objectives.
    [(c) Limitation.--
            [(1) In general.--Except as provided in paragraph 
        (2), not more than 40 percent of the funds available to 
        a local educational agency under this subpart may be 
        used to carry out the activities described in clauses 
        (ii) through (vi) of subsection (b)(2)(E), of which not 
        more than 50 percent of such amount may be used to 
        carry out the activities described in clauses (ii) 
        through (v) of such subsection.
            [(2) Exception.--A local educational agency may use 
        funds under this subpart for activities described in 
        clauses (ii) through (v) of subsection (b)(2)(E) only 
        if funding for these activities is not received from 
        other Federal agencies.
    [(d) Rule of Construction.--Nothing in this section shall 
be construed to prohibit the use of funds under this subpart by 
any local educational agency or school for the establishment or 
implementation of a school uniform policy if such policy is 
part of the overall comprehensive drug and violence prevention 
plan of the State involved and is supported by the State's 
needs assessment and other scientifically based research 
information.]

[SEC. 4116. REPORTING.

    [(a) State Report.--
            [(1) In general.--By December 1, 2003, and every 2 
        years thereafter, the chief executive officer of the 
        State, in cooperation with the State educational 
        agency, shall submit to the Secretary a report--
                    [(A) on the implementation and outcomes of 
                State programs under section 4112(a)(1) and 
                section 4112(c) and local educational agency 
                programs under section 4115(b), as well as an 
                assessment of their effectiveness;
                    [(B) on the State's progress toward 
                attaining its performance measures for drug and 
                violence prevention under section 4113(a)(10); 
                and
                    [(C) on the State's efforts to inform 
                parents of, and include parents in, violence 
                and drug prevention efforts.
            [(2) Special rule.--The report required by this 
        subsection shall be--
                    [(A) in the form specified by the 
                Secretary;
                    [(B) based on the State's ongoing 
                evaluation activities, and shall include data 
                on the incidence and prevalence, age of onset, 
                perception of health risk, and perception of 
                social disapproval of drug use and violence by 
                youth in schools and communities; and
                    [(C) made readily available to the public.
    [(b) Local Educational Agency Report.--
            [(1) In general.--Each local educational agency 
        receiving funds under this subpart shall submit to the 
        State educational agency such information that the 
        State requires to complete the State report required by 
        subsection (a), including a description of how parents 
        were informed of, and participated in, violence and 
        drug prevention efforts.
            [(2) Availability.--Information under paragraph (1) 
        shall be made readily available to the public.
            [(3) Provision of documentation.--Not later than 
        January 1 of each year that a State is required to 
        report under subsection (a), the Secretary shall 
        provide to the State educational agency all of the 
        necessary documentation required for compliance with 
        this section.]

[SEC. 4117. PROGRAMS FOR NATIVE HAWAIIANS.

    [(a) General Authority.--From the funds made available 
pursuant to section 4111(a)(1)(C) to carry out this section, 
the Secretary shall make grants to or enter into cooperative 
agreements or contracts with organizations primarily serving 
and representing Native Hawaiians for the benefit of Native 
Hawaiians to plan, conduct, and administer programs, or 
portions thereof, that are authorized by and consistent with 
the provisions of this subpart.
    [(b) Definition of Native Hawaiian.--For the purposes of 
this section, the term ``Native Hawaiian'' means any individual 
any of whose ancestors were natives, prior to 1778, of the area 
which now comprises the State of Hawaii.]

                     [Subpart 2--National Programs]

[SEC. 4121. FEDERAL ACTIVITIES.

    [(a) Program Authorized.--From funds made available to 
carry out this subpart under section 4003(2), the Secretary, in 
consultation with the Secretary of Health and Human Services, 
the Director of the Office of National Drug Control Policy, and 
the Attorney General, shall carry out programs to prevent the 
illegal use of drugs and violence among, and promote safety and 
discipline for, students. The Secretary shall carry out such 
programs directly, or through grants, contracts, or cooperative 
agreements with public and private entities and individuals, or 
through agreements with other Federal agencies, and shall 
coordinate such programs with other appropriate Federal 
activities. Such programs may include--
            [(1) the development and demonstration of 
        innovative strategies for the training of school 
        personnel, parents, and members of the community for 
        drug and violence prevention activities based on State 
        and local needs;
            [(2) the development, demonstration, scientifically 
        based evaluation, and dissemination of innovative and 
        high quality drug and violence prevention programs and 
        activities, based on State and local needs, which may 
        include--
                    [(A) alternative education models, either 
                established within a school or separate and 
                apart from an existing school, that are 
                designed to promote drug and violence 
                prevention, reduce disruptive behavior, reduce 
                the need for repeat suspensions and expulsions, 
                enable students to meet challenging State 
                academic standards, and enable students to 
                return to the regular classroom as soon as 
                possible;
                    [(B) community service and service-learning 
                projects, designed to rebuild safe and healthy 
                neighborhoods and increase students' sense of 
                individual responsibility;
                    [(C) video-based projects developed by 
                noncommercial telecommunications entities that 
                provide young people with models for conflict 
                resolution and responsible decisionmaking; and
                    [(D) child abuse education and prevention 
                programs for elementary and secondary students;
            [(3) the provision of information on drug abuse 
        education and prevention to the Secretary of Health and 
        Human Services for dissemination;
            [(4) the provision of information on violence 
        prevention and education and school safety to the 
        Department of Justice for dissemination;
            [(5) technical assistance to chief executive 
        officers, State agencies, local educational agencies, 
        and other recipients of funding under this part to 
        build capacity to develop and implement high-quality, 
        effective drug and violence prevention programs 
        consistent with the principles of effectiveness in 
        section 4115(a);
            [(6) assistance to school systems that have 
        particularly severe drug and violence problems, 
        including hiring drug prevention and school safety 
        coordinators, or assistance to support appropriate 
        response efforts to crisis situations;
            [(7) the development of education and training 
        programs, curricula, instructional materials, and 
        professional training and development for preventing 
        and reducing the incidence of crimes and conflicts 
        motivated by hate in localities most directly affected 
        by hate crimes;
            [(8) activities in communities designated as 
        empowerment zones or enterprise communities that will 
        connect schools to community-wide efforts to reduce 
        drug and violence problems; and
            [(9) other activities in accordance with the 
        purpose of this part, based on State and local needs.
    [(b) Peer Review.--The Secretary shall use a peer review 
process in reviewing applications for funds under this 
section.]

[SEC. 4122. IMPACT EVALUATION.

    [(a) Biennial Evaluation.--The Secretary, in consultation 
with the Safe and Drug-Free Schools and Communities Advisory 
Committee described in section 4124, shall conduct an 
independent biennial evaluation of the impact of programs 
assisted under this subpart and of other recent and new 
initiatives to combat violence and illegal drug use in schools. 
The evaluation shall report on whether community and local 
educational agency programs funded under this subpart--
            [(1) comply with the principles of effectiveness 
        described in section 4115(a);
            [(2) have appreciably reduced the level of illegal 
        drug, alcohol, and tobacco use, and school violence and 
        the illegal presence of weapons at schools; and
            [(3) have conducted effective parent involvement 
        and training programs.
    [(b) Data Collection.--The National Center for Education 
Statistics shall collect data, that is subject to independent 
review, to determine the incidence and prevalence of illegal 
drug use and violence in elementary schools and secondary 
schools in the States. The collected data shall include 
incident reports by schools officials, anonymous student 
surveys, and anonymous teacher surveys.
    [(c) Biennial Report.--Not later than January 1, 2003, and 
every 2 years thereafter, the Secretary shall submit to the 
President and Congress a report on the findings of the 
evaluation conducted under subsection (a) together with the 
data collected under subsection (b) and data available from 
other sources on the incidence and prevalence, age of onset, 
perception of health risk, and perception of social disapproval 
of drug use and violence in elementary schools and secondary 
schools in the States. The Secretary shall include data 
submitted by the States pursuant to subsection 4116(a).]

[SEC. 4123. HATE CRIME PREVENTION.

    [(a) Grant Authorization.--From funds made available to 
carry out this subpart under section 4003(2) the Secretary may 
make grants to local educational agencies and community-based 
organizations for the purpose of providing assistance to 
localities most directly affected by hate crimes.
    [(b) Use of Funds.--
            [(1) Program development.--Grants under this 
        section may be used to improve elementary and secondary 
        educational efforts, including--
                    [(A) development of education and training 
                programs designed to prevent and to reduce the 
                incidence of crimes and conflicts motivated by 
                hate;
                    [(B) development of curricula for the 
                purpose of improving conflict or dispute 
                resolution skills of students, teachers, and 
                administrators;
                    [(C) development and acquisition of 
                equipment and instructional materials to meet 
                the needs of, or otherwise be part of, hate 
                crime or conflict programs; and
                    [(D) professional training and development 
                for teachers and administrators on the causes, 
                effects, and resolutions of hate crimes or 
                hate-based conflicts.
            [(2) Application.--In order to be eligible to 
        receive a grant under this section for any fiscal year, 
        a local educational agency, or a local educational 
        agency in conjunction with a community-based 
        organization, shall submit an application to the 
        Secretary in such form and containing such information 
        as the Secretary may reasonably require.
            [(3) Requirements.--Each application under 
        paragraph (2) shall include--
                    [(A) a request for funds for the purpose 
                described in this section;
                    [(B) a description of the schools and 
                communities to be served by the grants; and
                    [(C) assurances that Federal funds received 
                under this section shall be used to supplement, 
                and not supplant, non-Federal funds.
            [(4) Comprehensive plan.--Each application shall 
        include a comprehensive plan that contains--
                    [(A) a description of the hate crime or 
                conflict problems within the schools or the 
                community targeted for assistance;
                    [(B) a description of the program to be 
                developed or augmented by such Federal and 
                matching funds;
                    [(C) assurances that such program or 
                activity shall be administered by or under the 
                supervision of the applicant;
                    [(D) procedures for the proper and 
                efficient administration of such program; and
                    [(E) fiscal control and fund accounting 
                procedures as may be necessary to ensure 
                prudent use, proper disbursement, and accurate 
                accounting of funds received under this 
                section.
    [(c) Award of Grants.--
            [(1) Selection of recipients.--The Secretary shall 
        consider the incidence of crimes and conflicts 
        motivated by bias in the targeted schools and 
        communities in awarding grants under this section.
            [(2) Geographic distribution.--The Secretary shall 
        attempt, to the extent practicable, to achieve an 
        equitable geographic distribution of grant awards.
            [(3) Dissemination of information.--The Secretary 
        shall attempt, to the extent practicable, to make 
        available information regarding successful hate crime 
        prevention programs, including programs established or 
        expanded with grants under this section.
    [(d) Reports.--The Secretary shall submit to Congress a 
report every 2 years that shall contain a detailed statement 
regarding grants and awards, activities of grant recipients, 
and an evaluation of programs established under this section.]

[SEC. 4124. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ADVISORY 
                    COMMITTEE.

    [(a) Establishment.--
            [(1) In general.--There is hereby established an 
        advisory committee to be known as the ``Safe and Drug 
        Free Schools and Communities Advisory Committee'' 
        (referred to in this section as the ``Advisory 
        Committee'') to--
                    [(A) consult with the Secretary under 
                subsection (b);
                    [(B) coordinate Federal school- and 
                community-based substance abuse and violence 
                prevention programs and reduce duplicative 
                research or services;
                    [(C) develop core data sets and evaluation 
                protocols for safe and drug-free school- and 
                community-based programs;
                    [(D) provide technical assistance and 
                training for safe and drug-free school- and 
                community-based programs;
                    [(E) provide for the diffusion of 
                scientifically based research to safe and drug-
                free school- and community-based programs; and
                    [(F) review other regulations and standards 
                developed under this title.
            [(2) Composition.--The Advisory Committee shall be 
        composed of representatives from--
                    [(A) the Department of Education;
                    [(B) the Centers for Disease Control and 
                Prevention;
                    [(C) the National Institute on Drug Abuse;
                    [(D) the National Institute on Alcoholism 
                and Alcohol Abuse;
                    [(E) the Center for Substance Abuse 
                Prevention;
                    [(F) the Center for Mental Health Services;
                    [(G) the Office of Juvenile Justice and 
                Delinquency Prevention;
                    [(H) the Office of National Drug Control 
                Policy;
                    [(I) State and local governments, including 
                education agencies; and
                    [(J) researchers and expert practitioners.
            [(3) Consultation.--In carrying out its duties 
        under this section, the Advisory Committee shall 
        annually consult with interested State and local 
        coordinators of school- and community-based substance 
        abuse and violence prevention programs and other 
        interested groups.
    [(b) Programs.--
            [(1) In general.--From amounts made available under 
        section 4003(2) to carry out this subpart, the 
        Secretary, in consultation with the Advisory Committee, 
        shall carry out scientifically based research programs 
        to strengthen the accountability and effectiveness of 
        the State, chief executive officer's, and national 
        programs under this part.
            [(2) Grants, contracts or cooperative agreements.--
        The Secretary shall carry out paragraph (1) directly or 
        through grants, contracts, or cooperative agreements 
        with public and private entities and individuals or 
        through agreements with other Federal agencies.
            [(3) Coordination.--The Secretary shall coordinate 
        programs under this section with other appropriate 
        Federal activities.
            [(4) Activities.--Activities that may be carried 
        out under programs funded under this section may 
        include--
                    [(A) the provision of technical assistance 
                and training, in collaboration with other 
                Federal agencies utilizing their expertise and 
                national and regional training systems, for 
                Governors, State educational agencies and local 
                educational agencies to support high quality, 
                effective programs that--
                            [(i) provide a thorough assessment 
                        of the substance abuse and violence 
                        problem;
                            [(ii) utilize objective data and 
                        the knowledge of a wide range of 
                        community members;
                            [(iii) develop measurable goals and 
                        objectives; and
                            [(iv) implement scientifically 
                        based research activities that have 
                        been shown to be effective and that 
                        meet identified needs;
                    [(B) the provision of technical assistance 
                and training to foster program accountability;
                    [(C) the diffusion and dissemination of 
                best practices and programs;
                    [(D) the development of core data sets and 
                evaluation tools;
                    [(E) program evaluations;
                    [(F) the provision of information on drug 
                abuse education and prevention to the Secretary 
                of Health and Human Services for dissemination 
                by the clearinghouse for alcohol and drug abuse 
                information established under section 
                501(d)(16) of the Public Health Service Act; 
                and
                    [(G) other activities that meet unmet needs 
                related to the purpose of this part and that 
                are undertaken in consultation with the 
                Advisory Committee.]

[SEC. 4125. NATIONAL COORDINATOR PROGRAM.

    [(a) In General.--From funds made available to carry out 
this subpart under section 4003(2), the Secretary may provide 
for the establishment of a National Coordinator Program under 
which the Secretary shall award grants to local educational 
agencies for the hiring of drug prevention and school safety 
program coordinators.
    [(b) Use of Funds.--Amounts received under a grant under 
subsection (a) shall be used by local educational agencies to 
recruit, hire, and train individuals to serve as drug 
prevention and school safety program coordinators in schools 
with significant drug and school safety problems. Such 
coordinators shall be responsible for developing, conducting, 
and analyzing assessments of drug and crime problems at their 
schools, and administering the safe and drug-free grant program 
at such schools.]

[SEC. 4126. COMMUNITY SERVICE GRANT PROGRAM.

    [(a) In General.--From funds made available to carry out 
this subpart under section 4003(2), the Secretary may make 
grants to States to carry out programs under which students 
expelled or suspended from school are required to perform 
community service.
    [(b) Allocation.--From the amount described in subsection 
(a), the Secretary shall allocate among the States--
            [(1) one-half according to the ratio between the 
        school-aged population of each State and the school-
        aged population of all the States; and
            [(2) one-half according to the ratio between the 
        amount each State received under section 1124A for the 
        preceding year and the sum of such amounts received by 
        all the States.
    [(c) Minimum.--For any fiscal year, no State shall be 
allotted under this section an amount that is less than one-
half of 1 percent of the total amount allotted to all the 
States under this section.
    [(d) Reallotment.--The Secretary may reallot any amount of 
any allotment to a State if the Secretary determines that the 
State will be unable to use such amount within 2 years of such 
allotment. Such reallotments shall be made on the same basis as 
allotments are made under subsection (b).
    [(e) Definition.--In this section, the term ``State'' means 
each of the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico.]

[SEC. 4127. SCHOOL SECURITY TECHNOLOGY AND RESOURCE CENTER.

    [(a) Center.--From funds made available to carry out this 
subpart under section 4003(2), the Secretary, the Attorney 
General, and the Secretary of Energy may enter into an 
agreement for the establishment at the Sandia National 
Laboratories, in partnership with the National Law Enforcement 
and Corrections Technology Center--Southeast and the National 
Center for Rural Law Enforcement in Little Rock, Arkansas, of a 
center to be known as the ``School Security Technology and 
Resource Center'' (hereafter in this section ``the Center'').
    [(b) Administration.--The Center established under 
subsection (a) shall be administered by the Attorney General.
    [(c) Functions.--The center established under subsection 
(a) shall be a resource to local educational agencies for 
school security assessments, security technology development, 
evaluation and implementation, and technical assistance 
relating to improving school security. The Center will also 
conduct and publish school violence research, coalesce data 
from victim communities, and monitor and report on schools that 
implement school security strategies.]

[SEC. 4128. NATIONAL CENTER FOR SCHOOL AND YOUTH SAFETY.

    [(a) Establishment.--From funds made available to carry out 
this subpart under section 4003(2), the Secretary of Education 
and the Attorney General may jointly establish a National 
Center for School and Youth Safety (in this section referred to 
as the ``Center''). The Secretary of Education and the Attorney 
General may establish the Center at an existing facility, if 
the facility has a history of performing two or more of the 
duties described in subsection (b). The Secretary of Education 
and the Attorney General shall jointly appoint a Director of 
the Center to oversee the operation of the Center.
    [(b) Duties.--The Center shall carry out emergency 
response, anonymous student hotline, consultation, and 
information and outreach activities with respect to elementary 
and secondary school safety, including the following:
            [(1) Emergency response.--The staff of the Center, 
        and such temporary contract employees as the Director 
        of the Center shall determine necessary, shall offer 
        emergency assistance to local communities to respond to 
        school safety crises. Such assistance shall include 
        counseling for victims and the community, assistance to 
        law enforcement to address short-term security 
        concerns, and advice on how to enhance school safety, 
        prevent future incidents, and respond to future 
        incidents.
            [(2) Anonymous student hotline.--The Center shall 
        establish a toll-free telephone number for students to 
        report criminal activity, threats of criminal activity, 
        and other high-risk behaviors such as substance abuse, 
        gang or cult affiliation, depression, or other warning 
        signs of potentially violent behavior. The Center shall 
        relay the reports, without attribution, to local law 
        enforcement or appropriate school hotlines. The 
        Director of the Center shall work with the Attorney 
        General to establish guidelines for Center staff to 
        work with law enforcement around the Nation to relay 
        information reported through the hotline.
            [(3) Consultation.--The Center shall establish a 
        toll-free number for the public to contact staff of the 
        Center for consultation regarding school safety. The 
        Director of the Center shall hire administrative staff 
        and individuals with expertise in enhancing school 
        safety, including individuals with backgrounds in 
        counseling and psychology, education, law enforcement 
        and criminal justice, and community development to 
        assist in the consultation.
            [(4) Information and outreach.--The Center shall 
        compile information about the best practices in school 
        violence prevention, intervention, and crisis 
        management, and shall serve as a clearinghouse for 
        model school safety program information. The staff of 
        the Center shall work to ensure local governments, 
        school officials, parents, students, and law 
        enforcement officials and agencies are aware of the 
        resources, grants, and expertise available to enhance 
        school safety and prevent school crime. The staff of 
        the Center shall give special attention to providing 
        outreach to rural and impoverished communities.]

[SEC. 4129. GRANTS TO REDUCE ALCOHOL ABUSE.

    [(a) In General.--The Secretary, in consultation with the 
Administrator of the Substance Abuse and Mental Health Services 
Administration, may award grants from funds made available to 
carry out this subpart under section 4003(2), on a competitive 
basis, to local educational agencies to enable such agencies to 
develop and implement innovative and effective programs to 
reduce alcohol abuse in secondary schools.
    [(b) Eligibility.--To be eligible to receive a grant under 
subsection (a), a local educational agency shall prepare and 
submit to the Secretary an application at such time, in such 
manner, and containing such information as the Secretary may 
require, including--
            [(1) a description of the activities to be carried 
        out under the grant;
            [(2) an assurance that such activities will include 
        one or more of the proven strategies for reducing 
        underage alcohol abuse as determined by the Substance 
        Abuse and Mental Health Services Administration;
            [(3) an explanation of how activities to be carried 
        out under the grant that are not described in paragraph 
        (2) will be effective in reducing underage alcohol 
        abuse, including references to the past effectiveness 
        of such activities;
            [(4) an assurance that the applicant will submit to 
        the Secretary an annual report concerning the 
        effectiveness of the programs and activities funded 
        under the grant; and
            [(5) such other information as the Secretary 
        determines appropriate.
    [(c) Streamlining of Process for Low-Income and Rural 
LEAs.--The Secretary, in consultation with the Administrator of 
the Substance Abuse and Mental Health Services Administration, 
shall develop procedures to make the application process for 
grants under this section more user-friendly, particularly for 
low-income and rural local educational agencies.
    [(d) Reservations.--
            [(1) SAMHSA.--The Secretary may reserve 20 percent 
        of any amount used to carry out this section to enable 
        the Administrator of the Substance Abuse and Mental 
        Health Services Administration to provide alcohol abuse 
        resources and start-up assistance to local educational 
        agencies receiving grants under this section.
            [(2) Low-income and rural areas.--The Secretary may 
        reserve 25 percent of any amount used to carry out this 
        section to award grants to low-income and rural local 
        educational agencies.]

[SEC. 4130. MENTORING PROGRAMS.

    [(a) Purpose; Definitions.--
            [(1) Purpose.--The purpose of this section is to 
        make assistance available to promote mentoring programs 
        for children with greatest need--
                    [(A) to assist such children in receiving 
                support and guidance from a mentor;
                    [(B) to improve the academic achievement of 
                such children;
                    [(C) to improve interpersonal relationships 
                between such children and their peers, 
                teachers, other adults, and family members;
                    [(D) to reduce the dropout rate of such 
                children; and
                    [(E) to reduce juvenile delinquency and 
                involvement in gangs by such children.
            [(2) Definitions.--In this part:
                    [(A) Child with greatest need.--The term 
                ``child with greatest need'' means a child who 
                is at risk of educational failure, dropping out 
                of school, or involvement in criminal or 
                delinquent activities, or who lacks strong 
                positive role models.
                    [(B) Eligible entity.--The term ``eligible 
                entity'' means--
                            [(i) a local educational agency;
                            [(ii) a nonprofit, community-based 
                        organization; or
                            [(iii) a partnership between a 
                        local educational agency and a 
                        nonprofit, community-based 
                        organization.
                    [(C) Mentor.--The term ``mentor'' means a 
                responsible adult, a postsecondary school 
                student, or a secondary school student who 
                works with a child--
                            [(i) to provide a positive role 
                        model for the child;
                            [(ii) to establish a supportive 
                        relationship with the child; and
                            [(iii) to provide the child with 
                        academic assistance and exposure to new 
                        experiences and examples of opportunity 
                        that enhance the ability of the child 
                        to become a responsible adult.
                    [(D) State.--The term ``State'' means each 
                of the several States, the District of 
                Columbia, the Commonwealth of Puerto Rico, the 
                United States Virgin Islands, Guam, American 
                Samoa, and the Commonwealth of the Northern 
                Mariana Islands.
    [(b) Grant Program.--
            [(1) In general.--The Secretary may award grants 
        from funds made available to carry out this subpart 
        under section 4003(2) to eligible entities to assist 
        such entities in establishing and supporting mentoring 
        programs and activities for children with greatest need 
        that--
                    [(A) are designed to link such children 
                (particularly children living in rural areas, 
                high-crime areas, or troubled home 
                environments, or children experiencing 
                educational failure) with mentors who--
                            [(i) have received training and 
                        support in mentoring;
                            [(ii) have been screened using 
                        appropriate reference checks, child and 
                        domestic abuse record checks, and 
                        criminal background checks; and
                            [(iii) are interested in working 
                        with children with greatest need; and
                    [(B) are intended to achieve one or more of 
                the following goals with respect to children 
                with greatest need:
                            [(i) Provide general guidance.
                            [(ii) Promote personal and social 
                        responsibility.
                            [(iii) Increase participation in, 
                        and enhance the ability to benefit 
                        from, elementary and secondary 
                        education.
                            [(iv) Discourage illegal use of 
                        drugs and alcohol, violence, use of 
                        dangerous weapons, promiscuous 
                        behavior, and other criminal, harmful, 
                        or potentially harmful activity.
                            [(v) Encourage participation in 
                        community service and community 
                        activities.
                            [(vi) Encourage setting goals and 
                        planning for the future, including 
                        encouragement of graduation from 
                        secondary school and planning for 
                        postsecondary education or training.
                            [(viii) Discourage involvement in 
                        gangs.
            [(2) Use of funds.--
                    [(A) In general.--Each eligible entity 
                awarded a grant under this subsection shall use 
                the grant funds for activities that establish 
                or implement a mentoring program, that may 
                include--
                            [(i) hiring of mentoring 
                        coordinators and support staff;
                            [(ii) providing for the 
                        professional development of mentoring 
                        coordinators and support staff;
                            [(iii) recruitment, screening, and 
                        training of mentors;
                            [(iv) reimbursement to schools, if 
                        appropriate, for the use of school 
                        materials or supplies in carrying out 
                        the mentoring program;
                            [(v) dissemination of outreach 
                        materials;
                            [(vi) evaluation of the mentoring 
                        program using scientifically based 
                        methods; and
                            [(vii) such other activities as the 
                        Secretary may reasonably prescribe by 
                        rule.
                    [(B) Prohibited uses.--Notwithstanding 
                subparagraph (A), an eligible entity awarded a 
                grant under this section may not use the grant 
                funds--
                            [(i) to directly compensate 
                        mentors;
                            [(ii) to obtain educational or 
                        other materials or equipment that would 
                        otherwise be used in the ordinary 
                        course of the eligible entity's 
                        operations;
                            [(iii) to support litigation of any 
                        kind; or
                            [(iv) for any other purpose 
                        reasonably prohibited by the Secretary 
                        by rule.
            [(3) Availability of funds.--Funds made available 
        through a grant under this section shall be available 
        for obligation for a period not to exceed 3 years.
            [(4) Application.--Each eligible entity seeking a 
        grant under this section shall submit to the Secretary 
        an application that includes--
                    [(A) a description of the plan for the 
                mentoring program the eligible entity proposes 
                to carry out with such grant;
                    [(B) information on the children expected 
                to be served by the mentoring program for which 
                such grant is sought;
                    [(C) a description of the mechanism the 
                eligible entity will use to match children with 
                mentors based on the needs of the children;
                    [(D) an assurance that no mentor will be 
                assigned to mentor so many children that the 
                assignment will undermine the mentor's ability 
                to be an effective mentor or the mentor's 
                ability to establish a close relationship (a 
                one-to-one relationship, where practicable) 
                with each mentored child;
                    [(E) an assurance that the mentoring 
                program will provide children with a variety of 
                experiences and support, including--
                            [(i) emotional support;
                            [(ii) academic assistance; and
                            [(iii) exposure to experiences that 
                        the children might not otherwise 
                        encounter on their own;
                    [(F) an assurance that the mentoring 
                program will be monitored to ensure that each 
                child assigned a mentor benefits from that 
                assignment and that the child will be assigned 
                a new mentor if the relationship between the 
                original mentor and the child is not beneficial 
                to the child;
                    [(G) information regarding how mentors and 
                children will be recruited to the mentoring 
                program;
                    [(H) information regarding how prospective 
                mentors will be screened;
                    [(I) information on the training that will 
                be provided to mentors; and
                    [(J) information on the system that the 
                eligible entity will use to manage and monitor 
                information relating to the mentoring 
                program's--
                            [(i) reference checks;
                            [(ii) child and domestic abuse 
                        record checks;
                            [(iii) criminal background checks; 
                        and
                            [(iv) procedure for matching 
                        children with mentors.
            [(5) Selection.--
                    [(A) Competitive basis.--In accordance with 
                this subsection, the Secretary shall award 
                grants to eligible entities on a competitive 
                basis.
                    [(B) Priority.--In awarding grants under 
                subparagraph (A), the Secretary shall give 
                priority to each eligible entity that--
                            [(i) serves children with greatest 
                        need living in rural areas, high-crime 
                        areas, or troubled home environments, 
                        or who attend schools with violence 
                        problems;
                            [(ii) provides high quality 
                        background screening of mentors, 
                        training of mentors, and technical 
                        assistance in carrying out mentoring 
                        programs; or
                            [(iii) proposes a school-based 
                        mentoring program.
                    [(C) Other considerations.--In awarding 
                grants under subparagraph (A), the Secretary 
                shall also consider--
                            [(i) the degree to which the 
                        location of the mentoring program 
                        proposed by each eligible entity 
                        contributes to a fair distribution of 
                        mentoring programs with respect to 
                        urban and rural locations;
                            [(ii) the quality of the mentoring 
                        program proposed by each eligible 
                        entity, including--
                                    [(I) the resources, if any, 
                                the eligible entity will 
                                dedicate to providing children 
                                with opportunities for job 
                                training or postsecondary 
                                education;
                                    [(II) the degree to which 
                                parents, teachers, community-
                                based organizations, and the 
                                local community have 
                                participated, or will 
                                participate, in the design and 
                                implementation of the proposed 
                                mentoring program;
                                    [(III) the degree to which 
                                the eligible entity can ensure 
                                that mentors will develop 
                                longstanding relationships with 
                                the children they mentor;
                                    [(IV) the degree to which 
                                the mentoring program will 
                                serve children with greatest 
                                need in the 4th through 8th 
                                grades; and
                                    [(V) the degree to which 
                                the mentoring program will 
                                continue to serve children from 
                                the 9th grade through 
                                graduation from secondary 
                                school, as needed; and
                            [(iii) the capability of each 
                        eligible entity to effectively 
                        implement its mentoring program.
                    [(D) Grant to each state.--Notwithstanding 
                any other provision of this subsection, in 
                awarding grants under subparagraph (A), the 
                Secretary shall select not less than one grant 
                recipient from each State for which there is an 
                eligible entity that submits an application of 
                sufficient quality pursuant to paragraph (4).
            [(6) Model screening guidelines.--
                    [(A) In general.--Based on model screening 
                guidelines developed by the Office of Juvenile 
                Programs of the Department of Justice, the 
                Secretary shall develop and distribute to each 
                eligible entity awarded a grant under this 
                section specific model guidelines for the 
                screening of mentors who seek to participate in 
                mentoring programs assisted under this section.
                    [(B) Background checks.--The guidelines 
                developed under this subsection shall include, 
                at a minimum, a requirement that potential 
                mentors be subject to reference checks, child 
                and domestic abuse record checks, and criminal 
                background checks.

                      [Subpart 3--Gun Possession]

[SEC. 4141. GUN-FREE REQUIREMENTS.

    [(a) Short Title.--[This subpart may be cited as the ``Gun-
Free Schools Act''.
    [(b) Requirements.--
            ](1) In general.--Each State receiving Federal 
        funds under any title of this Act shall have in effect 
        a State law requiring local educational agencies to 
        expel from school for a period of not less than 1 year 
        a student who is determined to have brought a firearm 
        to a school, or to have possessed a firearm at a 
        school, under the jurisdiction of local educational 
        agencies in that State, except that such State law 
        shall allow the chief administering officer of a local 
        educational agency to modify such expulsion requirement 
        for a student on a case-by-case basis if such 
        modification is in writing.
            [(2) Construction.--Nothing in this subpart shall 
        be construed to prevent a State from allowing a local 
        educational agency that has expelled a student from 
        such a student's regular school setting from providing 
        educational services to such student in an alternative 
        setting.
            [(3) Definition.--For the purpose of this section, 
        the term ``firearm'' has the same meaning given such 
        term in section 921(a) of title 18, United States Code.
    [(c) Special Rule.--The provisions of this section shall be 
construed in a manner consistent with the Individuals with 
Disabilities Education Act.
    [(d) Report to State.--Each local educational agency 
requesting assistance from the State educational agency that is 
to be provided from funds made available to the State under any 
title of this Act shall provide to the State, in the 
application requesting such assistance--
            [(1) an assurance that such local educational 
        agency is in compliance with the State law required by 
        subsection (b); and
            [(2) a description of the circumstances surrounding 
        any expulsions imposed under the State law required by 
        subsection (b), including--
                    [(A) the name of the school concerned;
                    [(B) the number of students expelled from 
                such school; and
                    [(C) the type of firearms concerned.
    [(e) Reporting.--Each State shall report the information 
described in subsection (d) to the Secretary on an annual 
basis.
    [(f) Definition.--For the purpose of subsection (d), the 
term ``school'' means any setting that is under the control and 
supervision of the local educational agency for the purpose of 
student activities approved and authorized by the local 
educational agency.
    [(g) Exception.--Nothing in this section shall apply to a 
firearm that is lawfully stored inside a locked vehicle on 
school property, or if it is for activities approved and 
authorized by the local educational agency and the local 
educational agency adopts appropriate safeguards to ensure 
student safety.
    [(h) Policy Regarding Criminal Justice System Referral.--
            [(1) In general.--No funds shall be made available 
        under any title of this Act to any local educational 
        agency unless such agency has a policy requiring 
        referral to the criminal justice or juvenile 
        delinquency system of any student who brings a firearm 
        or weapon to a school served by such agency.
            [(2) Definition.--For the purpose of this 
        subsection, the term ``school'' has the same meaning 
        given to such term by section 921(a) of title 18, 
        United States Code.]

                     [Subpart 4--General Provisions

[SEC. 4151. DEFINITIONS.

     [In this part:
            [(1) 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)).
            [(2) Drug.--The term ``drug'' includes controlled 
        substances; the illegal use of alcohol and tobacco; and 
        the harmful, abusive, or addictive use of substances, 
        including inhalants and anabolic steroids.
            [(3) Drug and violence prevention.--The term ``drug 
        and violence prevention'' means--
                    [(A) with respect to drugs, prevention, 
                early intervention, rehabilitation referral, or 
                education related to the illegal use of drugs;
                    [(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.
            [(4) Hate crime.--The term ``hate crime'' means a 
        crime as described in section 1(b) of the Hate Crime 
        Statistics Act of 1990.
            [(5) Nonprofit.--The term ``nonprofit'', as applied 
        to a school, agency, organization, or institution means 
        a school, agency, organization, or institution 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.
            [(6) Protective factor, buffer, or asset.--The 
        terms ``protective factor'', ``buffer'', and ``asset'' 
        mean any one of a number of the community, school, 
        family, or peer-individual domains that are known, 
        through prospective, longitudinal research efforts, or 
        which are grounded in a well-established theoretical 
        model of prevention, and have been shown to prevent 
        alcohol, tobacco, or illegal drug use, as well as 
        violent behavior, by youth in the community, and which 
        promote positive youth development.
            [(7) Risk factor.--The term ``risk factor'' means 
        any one of a number of characteristics of the 
        community, school, family, or peer-individual domains 
        that are known, through prospective, longitudinal 
        research efforts, to be predictive of alcohol, tobacco, 
        and illegal drug use, as well as violent behavior, by 
        youth in the school and community.
            [(8) School-aged population.--The term ``school-
        aged population'' means the population aged five 
        through 17, as determined by the Secretary on the basis 
        of the most recent satisfactory data available from the 
        Department of Commerce.
            [(9) 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 such services to children and adolescents.
            [(10) School personnel.--The term ``school 
        personnel'' includes teachers, principals, 
        administrators, counselors, social workers, 
        psychologists, nurses, librarians, and other support 
        staff who are employed by a school or who perform 
        services for the school on a contractual basis.
            [(11) School resource officer.--The term ``school 
        resource officer'' means a career law enforcement 
        officer, with sworn authority, deployed in community 
        oriented policing, and assigned by the employing police 
        department to a local educational agency to work in 
        collaboration with schools and community based 
        organizations to--
                    [(A) educate students in crime and illegal 
                drug use prevention and safety;
                    [(B) develop or expand community justice 
                initiatives for students; and
                    [(C) train students in conflict resolution, 
                restorative justice, and crime and illegal drug 
                use awareness.]

[SEC. 4152. MESSAGE AND MATERIALS.

    [(a) ``Wrong and Harmful'' Message.--Drug and violence 
prevention programs supported under this part shall convey a 
clear and consistent message that the illegal use of drugs and 
acts of violence are wrong and harmful.
    [(b) Curriculum.--The Secretary shall not prescribe the use 
of specific curricula for programs supported under this part.]

[SEC. 4153. PARENTAL CONSENT.

    [Upon receipt of written notification from the parents or 
legal guardians of a student, the local educational agency 
shall withdraw such student from any program or activity funded 
under this part. The local educational agency shall make 
reasonable efforts to inform parents or legal guardians of the 
content of such programs or activities funded under this part, 
other than classroom instruction.]

[SEC. 4154. PROHIBITED USES OF FUNDS.

     [No funds under this part may be used for--
            [(1) construction (except for minor remodeling 
        needed to accomplish the purposes of this part); or
            [(2) medical services, drug treatment or 
        rehabilitation, except for pupil services or referral 
        to treatment for students who are victims of, or 
        witnesses to, crime or who illegally use drugs.]

[SEC. 4155. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

    [(a) Nonapplication of Provisions.--This section shall not 
apply to any disciplinary records with respect to a suspension 
or expulsion that are transferred from a private, parochial or 
other nonpublic school, person, institution, or other entity, 
that provides education below the college level.
    [(b) Disciplinary Records.--In accordance with the Family 
Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), 
not later than 2 years after the date of enactment of this 
part, each State receiving Federal funds under this Act shall 
provide an assurance to the Secretary that the State has a 
procedure in place to facilitate the transfer of disciplinary 
records, with respect to a suspension or expulsion, by local 
educational agencies to any private or public elementary school 
or secondary school for any student who is enrolled or seeks, 
intends, or is instructed to enroll, on a full- or part-time 
basis, in the school.]

        PART A--GRANTS TO STATES AND LOCAL EDUCATIONAL AGENCIES

SEC. 4101. PURPOSE.

    The purpose of this part is to improve students' safety, 
health, well-being, and academic achievement during and after 
the school day by--
            (1) increasing the capacity of local educational 
        agencies, schools, and local communities to improve 
        conditions for learning through the creation of safe, 
        healthy, supportive, and drug-free environments;
            (2) carrying out programs designed to improve 
        school safety and promote students' physical and mental 
        health and well-being;
            (3) preventing and reducing substance use and 
        abuse, school violence, harassment, and bullying; and
            (4) strengthening parent and community engagement 
        to ensure a healthy, safe, and supportive school 
        environment.

SEC. 4102. DEFINITIONS.

    In this part:
            (1) 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)).
            (2) Drug.--The term ``drug'' includes controlled 
        substances, the illegal use of alcohol or tobacco, and 
        the harmful, abusive, or addictive use of substances, 
        including inhalants and anabolic steroids.
            (3) Drug and violence prevention.--The term ``drug 
        and violence prevention'' means--
                    (A) with respect to drugs, prevention, 
                early intervention, rehabilitation referral, or 
                education related to the illegal use of drugs; 
                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.
            (4) 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 such mental health services to children and 
        adolescents, including children in early childhood 
        education programs.
            (5) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.

SEC. 4103. FORMULA GRANTS TO STATES.

    (a) Reservations.--From the total amount appropriated under 
section 4108 for a fiscal year, the Secretary shall reserve--
            (1) not more than 5 percent for national 
        activities, which the Secretary may carry out directly 
        or through grants, contracts, or 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 part or conducting a national 
        evaluation;
            (2) 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 part;
            (3) 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
            (4) such funds as may be necessary for the Project 
        School Emergency Response to Violence program (referred 
        to as `Project SERV'), which is authorized to provide 
        education-related services to local educational 
        agencies and institutions of higher education in which 
        the learning environment has been disrupted due to a 
        violent or traumatic crisis, and which funds shall 
        remain available for obligation until expended.
    (b) State Allotments.--
            (1) Allotment.--
                    (A) In general.--In accordance with 
                subparagraph (B), the Secretary shall allot 
                among each of the States the total amount made 
                available to carry out this part for any fiscal 
                year and not reserved under subsection (a).
                    (B) Determination of state allotment 
                amounts.--Subject to paragraph (2), the 
                Secretary shall allot the amount made available 
                under subparagraph (A) for a fiscal year among 
                the States in proportion to the number of 
                individuals, aged 5 to 17, who reside within 
                the State and are from families with incomes 
                below the poverty line for the most recent 
                fiscal year for which satisfactory data are 
                available, compared to the number of such 
                individuals who reside in all such States for 
                that fiscal year.
            (2) Small state minimum.--No State receiving an 
        allotment under paragraph (1) shall receive less than 
        one-half of 1 percent of the total amount allotted 
        under such paragraph.
            (3) Puerto rico.--The amount allotted under 
        subparagraph (A) to the Commonwealth of Puerto Rico for 
        a fiscal year may not exceed one-half of 1 percent of 
        the total amount allotted under such subparagraph.
            (4) 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 section.
    (c) State Use of Funds.--
            (1) In general.--Each State that receives an 
        allotment under this section shall reserve not less 
        than 95 percent of the amount allotted to such State 
        under subsection (b), for each fiscal year, for 
        subgrants to local educational agencies, which may 
        include consortia of such agencies, under section 4104.
            (2) State administration.--A State educational 
        agency shall use not more than 1 percent of the amount 
        made available to the State under subsection (b) for 
        the administrative costs of carrying out its 
        responsibilities under this part.
            (3) State activities.--A State educational agency 
        shall use the amount made available to the State under 
        subsection (b) and not reserved under paragraph (1) for 
        activities and programs designed to meet the purposes 
        of this part, which--
                    (A) shall include--
                            (i) providing training, technical 
                        assistance, and capacity building to 
                        local educational agencies that are 
                        recipients of a subgrant under section 
                        4104, which may include identifying and 
                        disseminating best practices for 
                        professional development and capacity 
                        building for teachers, administrators, 
                        and specialized instructional support 
                        personnel in schools that are served by 
                        local educational agencies under this 
                        part; and
                            (ii) publicly reporting on how 
                        funds made available under this part 
                        are being expended by local educational 
                        agencies under section 4104; and
                    (B) may include--
                            (i) 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;
                            (ii) assisting local educational 
                        agencies to expand access to or 
                        coordination of resources for school-
                        based counseling and mental health 
                        programs, such as through school-based 
                        mental health services partnership 
                        programs described in section 
                        4105(a)(4);
                            (iii) supporting programs and 
                        activities that offer a variety of 
                        well-rounded educational experiences to 
                        students;
                            (iv) supporting activities that 
                        promote physical and mental health and 
                        well-being for students and staff;
                            (v) designing and implementing a 
                        grant process for local entities that 
                        wish to use funds to reduce 
                        exclusionary discipline practices in 
                        elementary schools and secondary 
                        schools, in a manner consistent with 
                        State or federally identified best 
                        practices on the subject; and
                            (vi) other activities identified by 
                        the State that meet the purposes of 
                        this part.
    (d) 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 program objectives and 
                outcomes for activities under this part.
                    (C) An assurance that the State educational 
                agency will review existing resources and 
                programs across the State and will coordinate 
                any new plans and resources under this part 
                with such existing programs and resources.
                    (D) 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.
            (3) Annual report.--Each State receiving a grant 
        under this part shall annually prepare and submit a 
        report to the Secretary, which shall include--
                    (A) how the State and local educational 
                agencies used funds provided under this part; 
                and
                    (B) the degree to which the State and local 
                educational agencies have made progress toward 
                meeting the objectives and outcomes described 
                in the plan submitted by the State under 
                paragraph (2)(B).
CAROLYN STARTS HERE --- DOUBLE CHECK FOR DUPLICATE BELOW WHEN 
MERGING OUR DOCUMENTS******

SEC. 4104. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

    (a) Allocations to Local Educational Agencies.--
            (1) In general.--A State that receives an allotment 
        under this part for a fiscal year shall provide the 
        amount made available under section 4103(c)(1) for 
        subgrants to local educational agencies, which may 
        include consortia of such agencies, in accordance with 
        this section.
            (2) Funds to local educational agencies.--From the 
        funds reserved by a State under section 4103(c)(1), the 
        State shall allocate to each local educational agency 
        or consortium of such agencies in the State an amount 
        that bears the same relationship to such funds as the 
        number of individuals aged 5 to 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 such individuals in the geographic 
        areas served by all the local educational agencies in 
        the State, as so determined.
            (3) Administrative costs.--Of the amount received 
        under paragraph (2), a local educational agency or 
        consortium of such agencies may use not more than 2 
        percent for the direct administrative costs of carrying 
        out its responsibilities under this part.
    (b) Local Applications.--
            (1) In general.--To be eligible to receive a 
        subgrant under this section, a local educational agency 
        or consortium of such agencies 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) Consultation.--
                    (A) In general.--A local educational agency 
                or consortium of such agencies shall conduct a 
                needs assessment described in paragraph (3), 
                and develop its application, through 
                consultation with parents, teachers, 
                principals, school leaders, specialized 
                instructional support personnel, early 
                childhood educators, students, community-based 
                organizations, local government 
                representatives, Indian tribes or tribal 
                organizations (if applicable) that may be 
                located in the region served by the local 
                educational agency, and others with relevant 
                and demonstrated expertise in programs and 
                activities designed to meet the purpose of this 
                part.
                    (B) Continued consultation.--On an ongoing 
                basis, the local educational agency or 
                consortium of such agencies shall consult with 
                the individuals and organizations described in 
                subparagraph (A) in order to seek advice 
                regarding how best--
                            (i) to improve the local activities 
                        in order to meet the purpose of this 
                        part; and
                            (ii) to coordinate such activities 
                        under this part with other related 
                        strategies, programs, and activities 
                        being conducted in the community.
            (3) Needs assessment.--
                    (A) In general.--To be eligible to receive 
                a subgrant under this section, 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 and of all 
                schools within the jurisdiction of the local 
                educational agency or agencies proposed to be 
                served.
                    (B) Requirements.--In conducting the needs 
                assessment required under subparagraph (A), the 
                local educational agency or consortium of such 
                agencies shall take into account--
                            (i) applicable and available 
                        school-level data on indicators or 
                        measures of school quality, climate and 
                        safety, and discipline, including those 
                        described in section 1111(d)(1)(C)(v); 
                        and
                            (ii) risk factors in the community, 
                        school, family, or peer-individual 
                        domains that are known, through 
                        prospective, longitudinal research 
                        efforts, to be predictive of drug use, 
                        violent behavior, harassment, 
                        disciplinary issues, and having an 
                        effect on the physical and mental 
                        health and well-being of youth in the 
                        school and community.
            (4) Contents.--Each application submitted under 
        this subsection shall be based on the needs assessment 
        described in paragraph (3) and shall include the 
        following:
                    (A) The results of the needs assessment 
                described in paragraph (3) and an 
                identification of each school that will be 
                served by a subgrant under this section.
                    (B) A description of the activities that 
                the local educational agency or consortium of 
                such agencies will carry out under this part 
                and how these activities are aligned with the 
                results of the needs assessment conducted under 
                paragraph (3).
                    (C) A description of the performance 
                indicators that the local educational agency or 
                consortium of such agencies will use to 
                evaluate the effectiveness of the activities 
                carried out under this section.
                    (D) An assurance that such activities will 
                comply with the principles of effectiveness 
                described in section 4105(b), and foster a 
                healthy, safe, and supportive school 
                environment that improves students' safety, 
                health, and well-being during and after the 
                school day.
                    (E) An assurance that the local educational 
                agency or consortium of such agencies will 
                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 identified through 
                        the needs assessment conducted under 
                        paragraph (3);
                            (ii) have the highest percentages 
                        or numbers of children counted under 
                        section 1124(c);
                            (iii) are identified under section 
                        1114(a)(1)(A); or
                            (iv) are identified as a 
                        persistently dangerous public 
                        elementary school or secondary school 
                        under section 9532.
                    (F) An assurance that the local educational 
                agency or consortium of such agencies will 
                comply with section 9501 (regarding equitable 
                participation by private school children and 
                teachers).

SEC. 4105. LOCAL EDUCATIONAL AGENCY AUTHORIZED ACTIVITIES.

    (a) Local Educational Agency Activities.--A local 
educational agency or consortium of such agencies that receives 
a subgrant under section 4104 shall use the subgrant funds to 
develop, implement, and evaluate comprehensive programs and 
activities, which are coordinated with other schools and 
community-based services and programs and may be conducted in 
partnership with nonprofit organizations with a demonstrated 
track-record of success in implementing activities, that are in 
accordance with the purpose of this part and--
            (1) foster safe, healthy, supportive, and drug-free 
        environments that support student academic achievement;
            (2) are consistent with the principles of 
        effectiveness described in subsection (b);
            (3) promote the involvement of parents in the 
        activity or program, as appropriate; and
            (4) may include, among other programs and 
        activities--
                    (A) drug and violence prevention activities 
                and programs, including professional 
                development and training for school and 
                specialized instructional support personnel and 
                interested community members in prevention, 
                education, early identification, and 
                intervention mentoring, and, where appropriate, 
                rehabilitation referral, as related to drug and 
                violence prevention;
                    (B) programs that support extended learning 
                opportunities, including before and after 
                school programs and activities, programs during 
                summer recess periods, and expanded learning 
                time;
                    (C) in accordance with subsections (c) and 
                (d), 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 provided by qualified 
                school or community-based mental health 
                services providers;
                    (D) in accordance with subsections (c) and 
                (d), 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, which may 
                        also include a child welfare agency, 
                        family-based mental health entity, 
                        trauma network, or other community-
                        based 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 based on trauma-
                        informed and evidence practices, are 
                        coordinated (where appropriate) with 
                        early intervening services carried out 
                        under the Individuals with Disabilities 
                        Education Act, are provided by 
                        qualified mental and behavioral health 
                        professionals who are certified or 
                        licensed by the State involved and 
                        practicing within their area of 
                        expertise, and may include--
                                    (I) the early 
                                identification of social, 
                                emotional, or behavioral 
                                problems, or substance use 
                                disorders, and the provision of 
                                early intervening services;
                                    (II) notwithstanding 
                                section 4107, the treatment or 
                                referral for treatment of 
                                students with social, 
                                emotional, or behavioral health 
                                problems, or substance use 
                                disorders;
                                    (III) the development and 
                                implementation of programs to 
                                assist children in dealing with 
                                trauma and violence; and
                                    (IV) the development of 
                                mechanisms, based on best 
                                practices, for children to 
                                report incidents of violence or 
                                plans by other children or 
                                adults to commit violence;
                    (E) emergency planning and intervention 
                services following traumatic crisis events;
                    (F) programs that train school personnel to 
                identify warning signs of youth drug abuse and 
                suicide;
                    (G) mentoring programs and activities for 
                children who are at risk of academic failure, 
                dropping out of school, or involvement in 
                criminal or delinquent activities, drug use and 
                abuse, or who lack strong positive role models;
                    (H) early childhood, elementary school, and 
                secondary school counseling programs, including 
                college and career guidance programs, such as 
                financial literacy and Federal financial aid 
                awareness efforts;
                    (I) programs or activities that support a 
                healthy, active lifestyle, including 
                nutritional education and regular, structured 
                physical education programs for early 
                childhood, elementary school, and secondary 
                school students;
                    (J) implementation of schoolwide positive 
                behavioral interventions and supports, 
                including through coordination with similar 
                activities carried out under the Individuals 
                with Disabilities Education Act, in order to 
                improve academic outcomes for students and 
                reduce the need for suspensions, expulsions, 
                and other actions that remove students from 
                instruction;
                    (K) programs and activities that offer a 
                variety of well-rounded educational experience 
                for students, such as those that--
                            (i) use music and the arts as tools 
                        to promote constructive student 
                        engagement, problem solving, and 
                        conflict resolution; or
                            (ii) further students' 
                        understanding of and knowledge in 
                        computer science from elementary school 
                        through secondary school;
                    (L) systems of high-capacity, integrated 
                student supports;
                    (M) strategies that establish learning 
                environments to further students' academic and 
                nonacademic skills essential for school 
                readiness and academic success, such as by 
                providing integrated systems of student and 
                family supports and building teacher, 
                principal, and other school leader capacity;
                    (N) bullying and harassment prevention 
                programs or activities, including professional 
                development and training for school and 
                specialized instructional support personnel in 
                the prevention, early identification, and early 
                intervention, as related to bullying and 
                harassment;
                    (O) programs or activities designed to 
                increase school safety and climate, including 
                conflict resolution practices, crisis 
                management techniques, and other school-based 
                violence prevention strategies;
                    (P) pay for success initiatives that 
                produce a measurable, clearly defined outcome 
                that results in social benefit and direct cost 
                savings to the local, State, or Federal 
                Government; and
                    (Q) other activities and programs 
                identified as necessary by the local 
                educational agency through the needs assessment 
                conducted under section 4104(b)(3) that will 
                increase student achievement and otherwise meet 
                the purpose of this part.
    (b) Principles of Effectiveness.--
            (1) In general.--For a program or activity 
        developed or carried out under this part to meet the 
        principles of effectiveness, such program or activity 
        shall--
                    (A) be based upon an assessment of 
                objective data regarding the need for programs 
                and activities in the early childhood, 
                elementary school, secondary school, or 
                community to be served to--
                            (i) improve school safety and 
                        promote students' physical and mental 
                        health and well-being, healthy eating 
                        and nutrition, and physical fitness; 
                        and
                            (ii) strengthen parent and 
                        community engagement to ensure a 
                        healthy, safe, and supportive school 
                        environment;
                    (B) be based upon established State 
                requirements and evidence-based criteria aimed 
                at ensuring a healthy, safe, and supportive 
                school environment for students in the early 
                childhood, elementary school, secondary school, 
                or community that will be served by the 
                program; and
                    (C) include meaningful and ongoing 
                consultation with and input from teachers, 
                principals, school leaders, and parents in the 
                development of the application and 
                administration of the program or activity.
            (2) Periodic evaluation.--
                    (A) In general.--The program or activity 
                shall undergo a periodic independent, third 
                party evaluation to assess the extent to which 
                the program or activity has helped the local 
                educational agency or school provide students 
                with a healthy, safe, and supportive school 
                environment that promotes school safety and 
                students' physical and mental health and well-
                being.
                    (B) Use of results.--The local educational 
                agency or consortium of such agencies shall 
                ensure that the results of the periodic 
                evaluations described under subparagraph (A) 
                are--
                            (i) used to refine, improve, and 
                        strengthen the program or activity, and 
                        to refine locally determined criteria 
                        described under paragraph (1)(B); and
                            (ii) made available to the public 
                        and the State.
            (3) Prohibition.--Nothing in this subsection shall 
        be construed to authorize the Secretary or any other 
        officer or employee of the Federal Government to 
        mandate, direct, or control, the principles of 
        effectiveness developed or utilized by a local 
        educational agency under this subsection.
    (c) Parental Consent.--
            (1) In general.--Each local educational agency 
        receiving a subgrant under this part 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 service or treatment that is 
        funded under this part and conducted in connection with 
        an elementary school or secondary school under this 
        part.
            (2) Exception.--Notwithstanding paragraph (1), 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 
                student, other students, or school personnel; 
                or
                    (B) other instances where parental consent 
                cannot be reasonably obtained, as defined by 
                the Secretary.
    (d) Privacy.--Each local educational agency receiving a 
subgrant under this part shall ensure that student mental 
health records are accorded the privacy protections provided 
under 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'').

SEC. 4106. 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. 4107. PROHIBITIONS.

    (a) Prohibited Use of Funds.--No funds under this part may 
be used for--
            (1) construction; or
            (2) medical services or drug treatment or 
        rehabilitation, except for integrated student supports 
        or referral to treatment for impacted students, which 
        may include students who are victims of, or witnesses 
        to, crime or who illegally use drugs.
    (b) 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 receiving an evaluation, services, or attending a 
school receiving assistance under this part.

SEC. 4108. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
part such sums as may be necessary for each of fiscal years 
2016 through 2021.

           [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 State and local student academic 
        achievement standards in core academic subjects, such 
        as reading and mathematics;
            [(2) offer students a broad array of additional 
        services, programs, and activities, such as youth 
        development activities, drug and violence prevention 
        programs, counseling programs, art, music, and 
        recreation programs, technology education programs, and 
        character education programs, 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 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 in meeting State and 
                local academic achievement standards in core 
                academic subjects, such as reading and 
                mathematics, by providing the students with 
                opportunities for academic enrichment 
                activities and a broad array of other 
                activities (such as drug and violence 
                prevention, counseling, art, music, recreation, 
                technology, and character education programs) 
                during nonschool hours or periods when school 
                is not in session (such as before and after 
                school or during summer recess) that reinforce 
                and complement the regular academic programs of 
                the schools attended by the students served; 
                and
                    [(B) offers families of students served by 
                such center 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 part 
                I of title X (as such part was in effect on the 
                day before the date of enactment of the No 
                Child Left Behind Act of 2001); 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, another public or private entity, or a 
        consortium of two or more of such agencies, 
        organizations, or entities.
            [(4) 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 amount 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 Affairs, 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 section.
    [(c) State Use of Funds.--
            [(1) In general.--Each State that receives an 
        allotment under this part shall reserve not less than 
        95 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 peer 
                review process for grant 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
                    [supervising the 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 3 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 who are 
                applicants for or recipients of awards under 
                this part.]

[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 will make awards under this part 
        only to eligible entities that propose to serve--
                    [(A) students who primarily attend--
                            [(i) schools eligible for 
                        schoolwide programs under section 1114; 
                        or
                            [(ii) schools that serve a high 
                        percentage of students from low-income 
                        families; and
                    [(B) the families of students described in 
                subparagraph (A);
            [(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 local content and student 
        academic achievement 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, and 
        dissemination of promising practices;
            [(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 community learning center 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) provides 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 school) programs, 
        the heads of the State health and mental health 
        agencies or their designees, and representatives of 
        teachers, parents, students, the business community, 
        and community-based organizations;
            [(12) describes the results of the State's needs 
        and resources assessment for before and after school 
        activities, which shall be based on the results of on-
        going State evaluation activities;
            [(13) 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; 
                and
                    [(B) public dissemination of the 
                evaluations of programs and activities carried 
                out under this part; and
            [(14) 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 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, 
        shall--
                    [(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.]

[SEC. 4204. LOCAL COMPETITIVE GRANT PROGRAM.

    [(a) In General.--A State that receives funds under this 
part for a fiscal year shall provide the amount made available 
under section 4202(c)(1) to eligible entities for community 
learning centers in accordance with this part.
    [(b) Application.--
            [(1) In general.--To be eligible to receive an 
        award 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 before and after 
                school or summer recess 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; 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 the activity is 
                expected to improve student academic 
                achievement;
                    [(C) an identification of Federal, State, 
                and local programs that will be combined or 
                coordinated with the proposed program to make 
                the most effective use of public resources;
                    [(D) an assurance that the proposed program 
                was developed, and will be carried out, in 
                active collaboration with the schools the 
                students attend;
                    [(E) a description of how the activities 
                will meet the principles of effectiveness 
                described in section 4205(b);
                    [(F) an assurance that the program will 
                primarily target students who attend schools 
                eligible for schoolwide programs under section 
                1114 and the families of such students;
                    [(G) an assurance that 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 has experience, or promise of success, 
                in providing educational and related activities 
                that will complement and enhance the academic 
                performance, achievement, 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 
                senior volunteers in activities carried out 
                through the community learning center, a 
                description of how the eligible entity will 
                encourage and use appropriately qualified 
                seniors 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 funds awarded under 
        this part, except that such match may not exceed the 
        amount of the grant award 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 
        fee 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 
        awards under this part.
    [(e) Peer Review.--In reviewing local applications under 
this section, a State educational agency shall use a peer 
review process or other methods of assuring the quality of such 
applications.
    [(f) Geographic Diversity.--To the extent practicable, a 
State educational agency shall distribute funds under this part 
equitably among geographic areas within the State, including 
urban and rural communities.
    [(g) Duration of Awards.--Grants under this part may be 
awarded for a period of not less than 3 years and not more than 
5 years.
    [(h) Amount of Awards.--A grant awarded under this part may 
not be made in an amount that is less than $50,000.
    [(i) Priority.--
            [(1) In general.--In awarding grants under this 
        part, a State educational agency shall give priority to 
        applications--
                    [(A) proposing to target services to 
                students who attend schools that have been 
                identified as in need of improvement under 
                section 1116; and
                    [(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) community-based organization 
                        or other public or private entity.
            [(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.]

[SEC. 4205. LOCAL ACTIVITIES.

    [(a) Authorized Activities.--Each eligible entity that 
receives an award under this part may use the award funds to 
carry out a broad array of before and after school activities 
(including during summer recess periods) that advance student 
academic achievement, including--
            [(1) remedial education activities and academic 
        enrichment learning programs, including providing 
        additional assistance to students to allow the students 
        to improve their academic achievement;
            [(2) mathematics and science education activities;
            [(3) arts and music education activities;
            [(4) entrepreneurial education programs;
            [(5) tutoring services (including those provided by 
        senior citizen volunteers) and mentoring programs;
            [(6) programs that provide after school activities 
        for limited English proficient students that emphasize 
        language skills and academic achievement;
            [(7) recreational activities;
            [(8) telecommunications and technology education 
        programs;
            [(9) expanded library service hours;
            [(10) 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; and
            [(12) drug and violence prevention programs, 
        counseling programs, and character education programs.
    [(b) Principles of Effectiveness.--
            [(1) In general.--For a program or activity 
        developed pursuant to this part to meet the principles 
        of effectiveness, such program or activity shall--
                    [(A) be based upon an assessment of 
                objective data regarding the need for before 
                and after school programs (including during 
                summer recess periods) 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; and
                    [(C) if appropriate, be based upon 
                scientifically based research that provides 
                evidence that the program or activity will help 
                students meet the State and local student 
                academic achievement standards.
            [(2) Periodic evaluation.--
                    [(A) In general.--The program or activity 
                shall undergo a periodic evaluation to assess 
                its progress toward achieving its goal of 
                providing high quality opportunities for 
                academic enrichment.
                    [(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; and
                            [(ii) made available to the public 
                        upon request, with public notice of 
                        such availability provided.]

[SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.

     [There are authorized to be appropriated--
            [(1) $1,250,000,000 for fiscal year 2002;
            [(2) $1,500,000,000 for fiscal year 2003;
            [(3) $1,750,000,000 for fiscal year 2004;
            [(4) $2,000,000,000 for fiscal year 2005;
            [(5) $2,250,000,000 for fiscal year 2006; and
            [(6) $2,500,000,000 for fiscal year 2007.]

            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 
        described in 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, math, 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 described in 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 part B 
                of title IV (as such part was in effect on the 
                day before the date of enactment of the Every 
                Child Achieves Act of 2015); 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, 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 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 formal 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 Affairs, 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.
            (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 grant 
                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 who 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 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 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 students who 
                primarily attend schools that have been 
                identified under section 1114(a)(1)(A) and 
                other schools determined by the local 
                educational agency to be in need of 
                intervention and support and 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 State and local content and 
        student academic achievement 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 as well as 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 applications under section 4204(b) 
        how the transportation needs of participating students 
        will be addressed;
            (11) describes how the State will prescreen 
        external organizations that could provide assistance in 
        carrying out the activities under this part, and 
        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 school) programs, 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 
        activities, which shall be based on the results of on-
        going State evaluation activities;
            (14) describes how the State educational agency 
        will evaluate the effectiveness of programs and 
        activities carried out under this part, which shall 
        include, at a minimum--
                    (A) a description of the performance 
                indicators and performance measures that will 
                be used to evaluate programs and activities 
                with emphasis on alignment with the regular 
                academic program of the school and the academic 
                needs of participating students, including 
                performance indicators and measures that--
                            (i) are able to track student 
                        success and improvement over time;
                            (ii) include State assessment 
                        results and other indicators of student 
                        success and improvement, such as 
                        improved attendance during the school 
                        day, better classroom grades, regular 
                        (or consistent) program attendance, and 
                        on-time advancement to the next grade 
                        level; and
                            (iii) for high school students, may 
                        include indicators such as career 
                        competencies, successful completion of 
                        internships or apprenticeships, or 
                        work-based learning opportunities;
                    (B) a description of how data collected for 
                the purposes of subparagraph (A) will be 
                collected; and
                    (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 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, 
        shall--
                    (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 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 GRANT 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 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 also 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 an award 
        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 the students attend 
                        (including through the sharing of 
                        relevant student data among the 
                        schools), all participants in the 
                        eligible entity, and any partnership 
                        entities described in subparagraph (H), 
                        while complying with applicable laws 
                        relating to privacy and 
                        confidentiality; and
                            (ii) in alignment with State and 
                        local content and student academic 
                        achievement standards;
                    (E) a description of how the activities 
                will meet the principles 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 funds under this part 
                will be used to increase the level of State, 
                local, and other non-Federal funds that would, 
                in the absence of funds under this part, be 
                made available for programs and activities 
                authorized under this part, and in no case 
                supplant Federal, State, local, or non-Federal 
                funds;
                    (H) a description of the partnership 
                between a local educational agency, a 
                community-based organization, and another 
                public entity or private entity, if 
                appropriate;
                    (I) an evaluation of the community needs 
                and available resources for the community 
                learning center and a description of how the 
                program proposed to be carried out in the 
                center will address those needs (including the 
                needs of working families);
                    (J) a demonstration that the eligible 
                entity will use best practices, including 
                research or evidence-based practices, to 
                provide educational and related activities that 
                will complement and enhance academic 
                performance, achievement, postsecondary and 
                workforce preparation, and positive youth 
                development of the students;
                    (K) a description of a preliminary plan for 
                how the community learning center will continue 
                after funding under this part ends;
                    (L) an assurance that the community will be 
                given notice of an intent to submit an 
                application and that the application and any 
                waiver request will be available for public 
                review after submission of the application;
                    (M) if the eligible entity plans to use 
                volunteers in activities carried out through 
                the community learning center, a description of 
                how the eligible entity will encourage and use 
                appropriately qualified persons to serve as the 
                volunteers; and
                    (N) such other information and assurances 
                as the State educational agency may reasonably 
                require.
    (c) Approval of Certain Applications.--The State 
educational agency may approve an application under this part 
for a program to be located in a facility other than an 
elementary school or secondary school only if the program will 
be at least as available and accessible to the students to be 
served as if the program were located in an elementary school 
or secondary school.
    (d) Permissive Local Match.--
            (1) In general.--A State educational agency may 
        require an eligible entity to match funds awarded under 
        this part, except that such match may not exceed the 
        amount of the grant award 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 
        fee 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 
        awards 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 assuring the quality of 
such applications.
    (f) Geographic Diversity.--To the extent practicable, a 
State educational agency shall distribute funds under this part 
equitably among geographic areas within the State, including 
urban and rural communities.
    (g) Duration of Awards.--Grants 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 grant awarded under this part may 
not be made in an amount that is less than $50,000.
    (i) Priority.--
            (1) In general.--In awarding grants 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 section 1114(a) and 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 
        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 grant provided under this part to an eligible entity, 
based on the eligible entity's performance during the original 
grant period.

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) core academic subject education activities, 
        including such activities that enable students to be 
        eligible for credit recovery or attainment;
            (3) literacy education programs, including 
        financial 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;
            (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'') 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 and 
        the Workforce Innovation and Opportunity Act.
    (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 programs (including during 
                summer recess periods) 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 provides evidence that the 
                program or activity will help students meet the 
                State and local student academic achievement 
                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 grant 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 such sums as may be necessary for each of fiscal years 
2016 through 2021.

   PART C--ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING PROGRAMS

SEC. 4301. ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING PROGRAMS.

    (a) Grants Authorized.--
            (1) In general.--The Secretary is authorized to 
        award grants to eligible entities to enable such 
        agencies to establish or expand elementary school and 
        secondary school counseling programs that comply with 
        the requirements of subsection (c).
            (2) Special consideration.--In awarding grants 
        under this section, the Secretary shall--
                    (A) give special consideration to 
                applications describing programs that--
                            (i) demonstrate the greatest need 
                        for new or additional counseling 
                        services among children in the schools 
                        served by the eligible entity, in part 
                        by providing information on current 
                        ratios, as of the date of application 
                        for a grant under this section, of 
                        students to school counselors, students 
                        to school social workers, and students 
                        to school psychologists;
                            (ii) propose promising and 
                        innovative approaches for initiating or 
                        expanding school counseling; and
                            (iii) show strong potential for 
                        replication and dissemination; and
                    (B) give priority to--
                            (i) schools that serve students in 
                        rural and remote areas;
                            (ii) schools in need of improvement 
                        and schools that are the persistently 
                        lowest achieving schools; or
                            (iii) schools with a high 
                        percentage of students aged 5 through 
                        17 who--
                                    (I) are in poverty, as 
                                counted in the most recent 
                                census data approved by the 
                                Secretary;
                                    (II) are eligible for a 
                                free or reduced priced lunch 
                                under the Richard B. Russell 
                                National School Lunch Act (42 
                                U.S.C. 1751 et seq.);
                                    (III) are in families 
                                receiving assistance under the 
                                State program funded under part 
                                A of title IV of the Social 
                                Security Act; or
                                    (IV) are eligible to 
                                receive medical assistance 
                                under the Medicaid program.
            (3) Equitable distribution.--In awarding grants 
        under this section, the Secretary shall ensure an 
        equitable geographic distribution among the regions of 
        the United States and among eligible entities located 
        in urban, rural, and suburban areas.
            (4) Duration.--A grant under this section shall be 
        awarded for a period not to exceed 3 years.
            (5) Maximum grant.--A grant awarded under this 
        section shall not exceed $400,000 for any fiscal year.
    (b) Applications.--
            (1) In general.--Each eligible entity desiring a 
        grant under this section shall submit an application to 
        the Secretary at such time, in such manner, and 
        accompanied by such information as the Secretary may 
        reasonably require.
            (2) Contents.--Each application for a grant under 
        this section shall--
                    (A) describe the school population to be 
                targeted by the program, the particular 
                counseling needs of such population, and the 
                current school counseling resources available 
                for meeting such needs;
                    (B) include the information described in 
                subparagraphs (B) through (D) of section 
                4104(b)(4), with respect to the grant under 
                this part;
                    (C) document that the eligible entity has 
                personnel qualified to develop, implement, and 
                administer the program; and
                    (D) document how the eligible entity will 
                engage in meaning consultation with parents and 
                families in the development of such program.
    (c) Use of Funds.--Each eligible entity receiving a grant 
under this part shall use grant funds to develop, implement, 
and evaluate comprehensive, evidence-based, school counseling 
programs through activities which incorporate evidence-based 
practices, such as--
            (1) the implementation of a comprehensive school 
        counseling program to meet the counseling and 
        educational needs of all students;
            (2) increasing the range, availability, quantity, 
        and quality of counseling services, provided by 
        qualified school counselors, school psychologists, 
        school social workers, and other qualified school-based 
        mental health service providers, in the elementary 
        schools and secondary schools of the eligible entity;
            (3) the implementation of innovative approaches to 
        increase children's understanding of peer and family 
        relationships, peer and family interaction, work and 
        self, decisionmaking, or academic and career planning;
            (4) the implementation of academic, postsecondary 
        education and career planning programs;
            (5) the initiation of partnerships with community 
        groups, social service agencies, or other public or 
        private non-profit entities in collaborative efforts to 
        enhance the program and promote school-linked 
        integration of services, as long as the eligible entity 
        documents how such partnership supplements, not 
        supplants, existing school-employed school-based mental 
        health service providers and services, in accordance 
        with subsection (f);
            (6) the implementation of a team approach to school 
        counseling in the schools served by the eligible entity 
        by working toward ratios of school counselors, school 
        social workers, and school psychologists to students 
        recommended to enable such personnel to effectively 
        address the needs of students; and
            (7) any other activity determined necessary by the 
        eligible entity that meets the purpose of this part
    (d) Limitation on Administrative Costs.--Not more than 4 
percent of the amounts made available under this section for 
any fiscal year may be used for administrative costs to carry 
out this section.
    (e) Report.--Not later than 2 years after assistance is 
made available to eligible entities under subsection (a), the 
Secretary shall make publicly available a report--
            (1) evaluating the programs assisted pursuant to 
        each grant under this section; and
            (2) outlining the information from eligible 
        entities regarding the ratios of students to--
                    (A) school counselors;
                    (B) school social workers; and
                    (C) school psychologists.
    (f) Supplement, Not Supplant.--Funds made available under 
this section shall be used to supplement, and not supplant, 
other Federal, State, or local funds used for providing school-
based counseling and mental health services to students.
    (g) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' 
        means--
                    (A) a local educational agency;
                    (B) an educational service agency serving 
                more than 1 local educational agency; or
                    (C) a consortium of local educational 
                agencies.
            (2) School-based mental health service provider.--
        The term ``school-based mental health service 
        provider'' has the meaning given the term in section 
        4102.
            (3) School counselor.--The term ``school 
        counselor'' means an individual who meets the criteria 
        for licensure or certification as a school counselor in 
        the State where the individual is employed.
            (4) School psychologist.--The term ``school 
        psychologist'' means an individual who is licensed or 
        certified in school psychology by the State in which 
        the individual is employed.
            (5) School social worker.--The term ``school social 
        worker'' means an individual who is licensed or 
        certified as a school social worker for the State in 
        which the individual is employed.
    (h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for each of fiscal years 2016 through 2021.

                   PART D--PHYSICAL EDUCATION PROGRAM

SEC. 4401. PURPOSE.

    The purpose of this part is to award grants and contracts 
to initiate, expand, and improve physical education programs 
for all students in kindergarten through grade 12.

SEC. 4402. PROGRAM AUTHORIZED.

    (a) Authorization.--From amounts made available to carry 
out this part, the Secretary is authorized to award grants or 
contracts to local educational agencies and community-based 
organizations to pay the Federal share of the costs of 
initiating, expanding, and improving physical education 
programs (including after-school programs) for students in 
kindergarten through grade 12, by--
            (1) providing materials and support to enable 
        students to participate actively in physical education 
        activities; and
            (2) providing funds for staff and teacher training 
        and education relating to physical education.
    (b) Program Elements.--A physical education program that 
receives assistance under this part may provide for 1 or more 
of the following:
            (1) Fitness education and assessment to help 
        students understand, improve, or maintain their 
        physical well-being.
            (2) Instruction in a variety of motor skills and 
        physical activities designed to enhance the physical, 
        mental, and social or emotional development of every 
        student.
            (3) Development of, and instruction in, cognitive 
        concepts about motor skill and physical fitness that 
        support a lifelong healthy lifestyle.
            (4) Opportunities to develop positive social and 
        cooperative skills through physical activity 
        participation.
            (5) Instruction in healthy eating habits and good 
        nutrition.
            (6) Opportunities for professional development for 
        teachers of physical education to stay abreast of the 
        latest research, issues, and trends in the field of 
        physical education.
    (c) Special Rule.--For purposes of this part, 
extracurricular activities, such as team sports and Reserve 
Officers' Training Corps program activities, shall not be 
considered as part of the curriculum of a physical education 
program assisted under this part.

SEC. 4403. APPLICATIONS.

    (a) Submission.--Each local educational agency or 
community-based organization desiring a grant or contract under 
this part shall submit to the Secretary an application that 
contains a plan to initiate, expand, or improve physical 
education programs in order to make progress toward meeting 
State standards for physical education.
    (b) Private School and Home-schooled Students.--An 
application for a grant or contract under this part may provide 
for the participation, in the activities funded under this 
part, of--
            (1) students enrolled in private nonprofit 
        elementary schools or secondary schools, and their 
        parents and teachers; or
            (2) home-schooled students, and their parents and 
        teachers.

SEC. 4404. REQUIREMENTS.

    (a) Annual Report to the Secretary.--In order to continue 
receiving funding after the first year of a multiyear grant or 
contract under this part, the administrator of the grant or 
contract for the local educational agency or community-based 
organization shall submit to the Secretary an annual report 
that--
            (1) describes the activities conducted during the 
        preceding year; and
            (2) demonstrates that progress has been made toward 
        meeting State standards for physical education.
    (b) Administrative Expenses.--Not more than 5 percent of 
the funds made available under this part to a local educational 
agency or community-based organization for any fiscal year may 
be used for administrative expenses.

SEC. 4405. ADMINISTRATIVE PROVISIONS.

    (a) Federal Share.--The Federal share under this part may 
not exceed--
            (1) 90 percent of the total cost of a program for 
        the first year for which the program receives 
        assistance under this part; and
            (2) 75 percent of such cost for the second and each 
        subsequent such year.
    (b) Proportionality.--To the extent practicable, the 
Secretary shall ensure that grants awarded under this part 
shall be equitably distributed among local educational 
agencies, and community-based organizations, serving urban and 
rural areas.
    (c) Report to Congress.--Not later than June 1, 2017, the 
Secretary shall submit a report to Congress that--
            (1) describes the programs assisted under this 
        part;
            (2) documents the success of such programs in 
        improving physical fitness; and
            (3) makes such recommendations as the Secretary 
        determines appropriate for the continuation and 
        improvement of the programs assisted under this part.
    (d) Availability of Funds.--Amounts made available to the 
Secretary to carry out this part shall remain available until 
expended.

SEC. 4406. SUPPLEMENT, NOT SUPPLANT.

    Funds made available under this part shall be used to 
supplement, and not supplant, any other Federal, State, or 
local funds available for physical education activities.

SEC. 4407. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
part such sums as may be necessary for each of fiscal years 
2016 through 2021.

                 [PART C--ENVIRONMENTAL TOBACCO SMOKE]

[SEC. 4301. SHORT TITLE.

    [This part may be cited as the ``Pro-Children Act of 
2001''.

[SEC. 4302. DEFINITIONS.

     [As used in this part:
            [(1) Children.--The term ``children'' means 
        individuals who have not attained the age of 18.
            [(2) Children's services.--The term ``children's 
        services'' means the provision on a routine or regular 
        basis of health, day care, education, or library 
        services--
                    [(A) that are funded, after the date of 
                enactment of the No Child Left Behind Act of 
                2001, directly by the Federal Government or 
                through State or local governments, by Federal 
                grant, loan, loan guarantee, or contract 
                programs--
                            [(i) administered by either the 
                        Secretary of Health and Human Services 
                        or the Secretary of Education (other 
                        than services provided and funded 
                        solely under titles XVIII and XIX of 
                        the Social Security Act); or
                            [(ii) administered by the Secretary 
                        of Agriculture in the case of a clinic 
                        (as defined in part 246.2 of title 7, 
                        Code of Federal Regulations (or any 
                        corresponding similar regulation or 
                        ruling)) under section 17(b)(6) of the 
                        Child Nutrition Act of 1966; or
                    [(B) that are provided in indoor facilities 
                that are constructed, operated, or maintained 
                with such Federal funds, as determined by the 
                appropriate head of a Federal agency in any 
                enforcement action carried out under this part,
        [except that nothing in clause (ii) of subparagraph (A) 
        is intended to include facilities (other than clinics) 
        where coupons are redeemed under the Child Nutrition 
        Act of 1966.
            [(3) Indoor facility.--The term ``indoor facility'' 
        means a building that is enclosed.
            [(4) Person.--The term ``person'' means any State 
        or local subdivision of a State, agency of such State 
        or subdivision, corporation, or partnership that owns 
        or operates or otherwise controls and provides 
        children's services or any individual who owns or 
        operates or otherwise controls and provides such 
        services.
            [(5) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.]

[SEC. 4303. NONSMOKING POLICY FOR CHILDREN'S SERVICES.

    [(a) Prohibition.--After the date of enactment of the No 
Child Left Behind Act of 2001, no person shall permit smoking 
within any indoor facility owned or leased or contracted for, 
and utilized, by such person for provision of routine or 
regular kindergarten, elementary, or secondary education or 
library services to children.
    [(b) Additional Prohibition.--
            [(1) In general.--After the date of enactment of 
        the No Child Left Behind Act of 2001, no person shall 
        permit smoking within any indoor facility (or portion 
        of such a facility) owned or leased or contracted for, 
        and utilized by, such person for the provision of 
        regular or routine health care or day care or early 
        childhood development (Head Start) services.
            [(2) Exception.--Paragraph (1) shall not apply to--
                    [(A) any portion of such facility that is 
                used for inpatient hospital treatment of 
                individuals dependent on, or addicted to, drugs 
                or alcohol; and
                    [(B) any private residence.
    [(c) Federal Agencies.--
            [(1) Kindergarten, elementary, or secondary 
        education or library services.--After the date of 
        enactment of the No Child Left Behind Act of 2001, no 
        Federal agency shall permit smoking within any indoor 
        facility in the United States operated by such agency, 
        directly or by contract, to provide routine or regular 
        kindergarten, elementary, or secondary education or 
        library services to children.
            [(2) Health or day care or early childhood 
        development services.--
                    [(A) In general.--After the date of 
                enactment of the No Child Left Behind Act of 
                2001, no Federal agency shall permit smoking 
                within any indoor facility (or portion of such 
                facility) operated by such agency, directly or 
                by contract, to provide routine or regular 
                health or day care or early childhood 
                development (Head Start) services to children.
                    [(B) Exception.--Subparagraph (A) shall not 
                apply to--
                            [(i) any portion of such facility 
                        that is used for inpatient hospital 
                        treatment of individuals dependent on, 
                        or addicted to, drugs or alcohol; and
                            [(ii) any private residence.
            [(3) Application of provisions.--The provisions of 
        paragraph (2) shall also apply to the provision of such 
        routine or regular kindergarten, elementary or 
        secondary education or library services in the 
        facilities described in paragraph (2) not subject to 
        paragraph (1).
    [(d) Notice.--The prohibitions in subsections (a) through 
(c) shall be published in a notice in the Federal Register by 
the Secretary (in consultation with the heads of other affected 
agencies) and by such agency heads in funding arrangements 
involving the provision of children's services administered by 
such heads. Such prohibitions shall be effective 90 days after 
such notice is published, or 270 days after the date of 
enactment of the No Child Left Behind Act of 2001, whichever 
occurs first.
    [(e) Civil Penalties.--
            [(1) In general.--Any failure to comply with a 
        prohibition in this section shall be considered to be a 
        violation of this section and any person subject to 
        such prohibition who commits such violation may be 
        liable to the United States for a civil penalty in an 
        amount not to exceed $1,000 for each violation, or may 
        be subject to an administrative compliance order, or 
        both, as determined by the Secretary. Each day a 
        violation continues shall constitute a separate 
        violation. In the case of any civil penalty assessed 
        under this section, the total amount shall not exceed 
        50 percent of the amount of Federal funds received 
        under any title of this Act by such person for the 
        fiscal year in which the continuing violation occurred. 
        For the purpose of the prohibition in subsection (c), 
        the term ``person'', as used in this paragraph, shall 
        mean the head of the applicable Federal agency or the 
        contractor of such agency providing the services to 
        children.
            [(2) Administrative proceeding.--A civil penalty 
        may be assessed in a written notice, or an 
        administrative compliance order may be issued under 
        paragraph (1), by the Secretary only after an 
        opportunity for a hearing in accordance with section 
        554 of title 5, United States Code. Before making such 
        assessment or issuing such order, or both, the 
        Secretary shall give written notice of the assessment 
        or order to such person by certified mail with return 
        receipt and provide information in the notice of an 
        opportunity to request in writing, not later than 30 
        days after the date of receipt of such notice, such 
        hearing. The notice shall reasonably describe the 
        violation and be accompanied with the procedures for 
        such hearing and a simple form that may be used to 
        request such hearing if such person desires to use such 
        form. If a hearing is requested, the Secretary shall 
        establish by such certified notice the time and place 
        for such hearing, which shall be located, to the 
        greatest extent possible, at a location convenient to 
        such person. The Secretary (or the Secretary's 
        designee) and such person may consult to arrange a 
        suitable date and location where appropriate.
            [(3) Circumstances affecting penalty or order.--In 
        determining the amount of the civil penalty or the 
        nature of the administrative compliance order, the 
        Secretary shall take into account, as appropriate--
                    [(A) the nature, circumstances, extent, and 
                gravity of the violation;
                    [(B) with respect to the violator, any good 
                faith efforts to comply, the importance of 
                achieving early and permanent compliance, the 
                ability to pay or comply, the effect of the 
                penalty or order on the ability to continue 
                operation, any prior history of the same kind 
                of violation, the degree of culpability, and 
                any demonstration of willingness to comply with 
                the prohibitions of this section in a timely 
                manner; and
                    [C) such other matters as justice may 
                require.
            [(4) Modification.--The Secretary may, as 
        appropriate, compromise, modify, or remit, with or 
        without conditions, any civil penalty or administrative 
        compliance order. In the case of a civil penalty, the 
        amount, as finally determined by the Secretary or 
        agreed upon in compromise, may be deducted from any 
        sums that the United States or the agencies or 
        instrumentalities of the United States owe to the 
        person against whom the penalty is assessed.
            [(5) Petition for review.--Any person aggrieved by 
        a penalty assessed or an order issued, or both, by the 
        Secretary under this section may file a petition for 
        judicial review of the order with the United States 
        Court of Appeals for the District of Columbia Circuit 
        or for any other circuit in which the person resides or 
        transacts business. Such person shall provide a copy of 
        the petition to the Secretary or the Secretary's 
        designee. The petition shall be filed within 30 days 
        after the Secretary's assessment or order, or both, are 
        final and have been provided to such person by 
        certified mail. The Secretary shall promptly provide to 
        the court a certified copy of the transcript of any 
        hearing held under this section and a copy of the 
        notice or order.
            [(6) Failure to comply.--If a person fails to pay 
        an assessment of a civil penalty or comply with an 
        order, after the assessment or order, or both, are 
        final under this section, or after a court has entered 
        a final judgment under paragraph (5) in favor of the 
        Secretary, the Attorney General, at the request of the 
        Secretary, shall recover the amount of the civil 
        penalty (plus interest at prevailing rates from the day 
        the assessment or order, or both, are final) or enforce 
        the order in an action brought in the appropriate 
        district court of the United States. In such action, 
        the validity and appropriateness of the penalty or 
        order or the amount of the penalty shall not be subject 
        to review.

[SEC. 4304. PREEMPTION.

    [Nothing in this part is intended to preempt any provision 
of law of a State or political subdivision of a State that is 
more restrictive than a provision of this part.]

           *       *       *       *       *       *       *

      TITLE V--[PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE 
     PROGRAMS]EMPOWERING PARENTS AND EXPANDING OPPORTUNITY THROUGH 
                               INNOVATION

                     [PART A--INNOVATIVE PROGRAMS]

[SEC. 5101. PURPOSES, STATE AND LOCAL RESPONSIBILITY.

    [(a) Purposes.--The purposes of this part are the 
following:
            [(1) To support local education reform efforts that 
        are consistent with and support statewide education 
        reform efforts.
            [(2) To provide funding to enable State educational 
        agencies and local educational agencies to implement 
        promising educational reform programs and school 
        improvement programs based on scientifically based 
        research.
            [(3) To provide a continuing source of innovation 
        and educational improvement, including support programs 
        to provide library services and instructional and media 
        materials.
            [(4) To meet the educational needs of all students, 
        including at-risk youth.
            [(5) To develop and implement education programs to 
        improve school, student, and teacher performance, 
        including professional development activities and class 
        size reduction programs.
    [(b) State and Local Responsibility.--The State educational 
agency shall bear the basic responsibility for the 
administration of funds made available under this part, but it 
is the intent of Congress that the responsibility be carried 
out with a minimum of paperwork and that the responsibility for 
the design and implementation of programs assisted under this 
part be mainly that of local educational agencies, school 
superintendents and principals, and classroom teachers and 
supporting personnel, because local educational agencies and 
individuals have the most direct contact with students and are 
most likely to be able to design programs to meet the 
educational needs of students in their own school districts.]

                 [Subpart 1--State and Local Programs]

[SEC. 5111. ALLOTMENT TO STATES.

    [(a) In General.--From the sums appropriated to carry out 
this part for each fiscal year and not reserved under 
subsection (b), the Secretary shall allot, and make available 
in accordance with this part, to each State educational agency 
an amount that bears the same ratio to such sums as the school-
age population of the State bears to the school-age population 
of all States, except that no State shall receive less than an 
amount equal to one-half of 1 percent of such sums.
    [(b) Reservation.--From the sums appropriated to carry out 
this part for each fiscal year, the Secretary shall reserve not 
more than 1 percent for payments to the outlying areas, to be 
allotted in accordance with their respective needs for 
assistance under this part.]

[SEC. 5112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

     [(a) Distribution Rule.--
            [(1) Allocation of base amounts.--From the amount 
        made available to a State educational agency under this 
        part for a fiscal year, the State educational agency 
        shall distribute, to local educational agencies within 
        the State, an amount that is not less than 85 percent 
        of the amount made available to the State educational 
        agency under this part for fiscal year 2002, according 
        to the relative enrollments in public and in private 
        nonprofit schools within the jurisdictions of such 
        local educational agencies, adjusted, in accordance 
        with criteria approved by the Secretary, to provide 
        higher per-pupil allocations to local educational 
        agencies that have the greatest numbers or percentages 
        of children whose education imposes a higher-than-
        average cost per child, such as--
                    [(A) children living in areas with high 
                concentrations of economically disadvantaged 
                families;
                    [(B) children from economically 
                disadvantaged families; and
                    [(C) children living in sparsely populated 
                areas.
            [(2) Allocation of increased amounts.--From the 
        amount made available to a State educational agency 
        under this part for a fiscal year that exceeds the 
        amount made available to the agency under this part for 
        fiscal year 2002, the State educational agency shall 
        distribute 100 percent (or, in the case of a State 
        educational agency receiving a minimum allotment under 
        section 5111(a), not less than 50 percent, 
        notwithstanding subsection (b)) to local educational 
        agencies within the State, on the same basis as the 
        State educational agency distributes amounts under 
        paragraph (1).
    [(b) Limitations and Requirements.--Not more than 15 
percent of funds made available under section 5111 for State 
programs under this part for any fiscal year may be used for 
State administration under section 5121.
    [(c) Calculation of Enrollments.--
            [(1) In general.--The calculation of relative 
        enrollments under subsection (a)(1) shall be on the 
        basis of the total of--
                    [(A) the number of children enrolled in 
                public schools; and
                    [(B) the number of children enrolled in 
                private nonprofit schools that participated in 
                programs assisted under this part, for the 
                fiscal year preceding the fiscal year for which 
                the determination is made.
            [(2) Rule of construction.--Nothing in this 
        subsection shall diminish the responsibility of each 
        local educational agency to contact, on an annual 
        basis, appropriate officials from private nonprofit 
        schools within the areas served by such agencies in 
        order to determine whether such schools desire that 
        their children participate in programs assisted under 
        this part.
            [(3) Adjustments.--
                    [(A) State criteria.--Relative enrollments 
                calculated under subsection (a)(1) shall be 
                adjusted, in accordance with criteria approved 
                by the Secretary under subparagraph (B), to 
                provide higher per-pupil allocations only to 
                local educational agencies that serve the 
                greatest numbers or percentages of--
                            [(i) children living in areas with 
                        high concentrations of economically 
                        disadvantaged families;
                            [(ii) children from economically 
                        disadvantaged families; or
                            [(iii) children living in sparsely 
                        populated areas.
                    [(B) Review of criteria.--The Secretary 
                shall review criteria submitted by a State 
                educational agency for adjusting allocations 
                under paragraph (1) and shall approve such 
                criteria only if the Secretary determines that 
                such criteria are reasonably calculated to 
                produce an adjusted allocation that reflects 
                the relative needs of the State's local 
                educational agencies based on the factors set 
                forth in subparagraph (A).
    [(d) Payment of Allocations.--
            [(1) Distribution.--From the funds paid to a State 
        educational agency under this subpart for a fiscal 
        year, the State educational agency shall distribute to 
        each eligible local educational agency that has 
        submitted an application as required by section 5133 
        the amount of such local educational agency's 
        allocation, as determined under subsection (a).
            [(2) Additional funds.--
                    [(A) Use.--Additional funds resulting from 
                higher per-pupil allocations provided to a 
                local educational agency on the basis of 
                adjusted enrollments of children described in 
                subsection (a)(1) may, in the discretion of the 
                local educational agency, be allocated for 
                expenditures to provide services for children 
                enrolled in public schools and private 
                nonprofit schools in direct proportion to the 
                number of children described in subsection 
                (a)(1) and enrolled in such schools within the 
                area served by the local educational agency.
                    [(B) Allocation.--In any fiscal year, any 
                local educational agency that elects to 
                allocate such additional funds in the manner 
                described in subparagraph (A) shall allocate 
                all additional funds to schools within the area 
                served by the local educational agency in such 
                manner.
                    [(C) Rule of construction.--Subparagraphs 
                (A) and (B) may not be construed to require any 
                school to limit the use of the additional funds 
                described in subparagraph (A) to the provision 
                of services to specific students or categories 
                of students.]

                      [Subpart 2--State Programs]

[SEC. 5121. STATE USES OF FUNDS.

     [A State educational agency may use funds made available 
for State use under section 5112(b) only for one or more of the 
following:
            [(1) State administration of programs under this 
        part, including--
                    [(A) allocating funds to local educational 
                agencies;
                    [(B) planning, supervising, and processing 
                State educational agency funds; and
                    [(C) monitoring and evaluating programs 
                under this part.
            [(2) Support for the planning, design, and initial 
        implementation of charter schools as described in part 
        B.
            [(3) Statewide education reform, school improvement 
        programs and technical assistance and direct grants to 
        local educational agencies, which assist such agencies 
        under section 5131.
            [(4) Support for the design and implementation of 
        high-quality yearly student assessments.
            [(5) Support for implementation of challenging 
        State and local academic achievement standards.
            [(6) Support for arrangements that provide for 
        independent analysis to measure and report on school 
        district achievement.
            [(7) Support for the program described in section 
        321 of the Departments of Labor, Health and Human 
        Services, and Education, and Related Agencies 
        Appropriations Act, 2001 (as enacted into law by 
        section 1(a)(1) of Public Law 106-554).
            [(8) Support for programs to assist in the 
        implementation of the policy described in section 9507 
        which may include payment of reasonable transportation 
        costs and tuition costs for such students.]

[SEC. 5122. STATE APPLICATIONS.

    [(a) Application Requirements.--Any State that desires to 
receive assistance under this part shall submit to the 
Secretary an application that includes each of the following:
            [(1) Designation of the State educational agency as 
        the State agency responsible for administration and 
        supervision of programs assisted under this part.
            [(2) Provision for an annual statewide summary of 
        how assistance under this part is contributing toward 
        improving student academic achievement or improving the 
        quality of education for students.
            [(3) Information setting forth the allocation of 
        funds required to implement section 5142.
            [(4) A provision that the State educational agency 
        will keep such records, and provide such information to 
        the Secretary, as may be required for fiscal audit and 
        program evaluation (consistent with the 
        responsibilities of the Secretary under this section).
            [(5) An assurance that, apart from providing 
        technical and advisory assistance and monitoring 
        compliance with this part, the State educational agency 
        has not exercised, and will not exercise, any influence 
        in the decisionmaking processes of local educational 
        agencies as to the expenditure made pursuant to an 
        application submitted under section 5133.
            [(6) An assurance that there is compliance with the 
        specific requirements of this part.
            [(7) Provision for timely public notice and public 
        dissemination of the information provided under 
        paragraph (3).
    [(b) Statewide Summary.--The statewide summary referred to 
in subsection (a)(2) shall be submitted annually to the 
Secretary and shall be derived from the evaluation information 
submitted by local educational agencies to the State 
educational agency under section 5133(b)(8). The State 
educational agency shall determine the format and content of 
such summary and may include in the summary statistical 
measures, such as the number of students served by each type of 
innovative assistance program described in section 5131 and the 
number of teachers trained.
    [(c) Period of Application.--An application submitted by 
the State educational agency under subsection (a) shall be for 
a period not to exceed 3 years. The agency may amend the 
application annually, as may be necessary to reflect changes, 
without filing a new application.
    [(d) Audit Rule.--A local educational agency that receives 
less than an average of $10,000 under this part for any 3 
consecutive fiscal years shall not be audited more frequently 
than once every 5 years.]

            [Subpart 3--Local Innovative Education Programs]

[SEC. 5131. LOCAL USES OF FUNDS.

    [(a) Innovative Assistance Programs.--Funds made available 
to local educational agencies under section 5112 shall be used 
for innovative assistance programs, which may include any of 
the following:
            [(1) Programs to recruit, train, and hire highly 
        qualified teachers to reduce class size, especially in 
        the early grades, and professional development 
        activities carried out in accordance with title II, 
        that give teachers, principals, and administrators the 
        knowledge and skills to provide students with the 
        opportunity to meet challenging State or local academic 
        content standards and student academic achievement 
        standards.
            [(2) Technology activities related to the 
        implementation of school-based reform efforts, 
        including professional development to assist teachers 
        and other school personnel (including school library 
        media personnel) regarding how to use technology 
        effectively in the classrooms and the school library 
        media centers involved.
            [(3) Programs for the development or acquisition 
        and use of instructional and educational materials, 
        including library services and materials (including 
        media materials), academic assessments, reference 
        materials, computer software and hardware for 
        instructional use, and other curricular materials that 
        are tied to high academic standards, that will be used 
        to improve student academic achievement, and that are 
        part of an overall education reform program.
            [(4) Promising education reform projects, including 
        magnet schools.
            [(5) Programs to improve the academic achievement 
        of educationally disadvantaged elementary school and 
        secondary school students, including activities to 
        prevent students from dropping out of school.
            [(6) Programs to improve the literacy skills of 
        adults, especially the parents of children served by 
        the local educational agency, including adult education 
        and family literacy programs.
            [(7) Programs to provide for the educational needs 
        of gifted and talented children.
            [(8) The planning, design, and initial 
        implementation of charter schools as described in part 
        B.
            [(9) School improvement programs or activities 
        under sections 1116 and 1117.
            [(10) Community service programs that use qualified 
        school personnel to train and mobilize young people to 
        measurably strengthen their communities through 
        nonviolence, responsibility, compassion, respect, and 
        moral courage.
            [(11) Activities to promote consumer, economic, and 
        personal finance education, such as disseminating 
        information on and encouraging use of the best 
        practices for teaching the basic principles of 
        economics and promoting the concept of achieving 
        financial literacy through the teaching of personal 
        financial management skills (including the basic 
        principles involved with earning, spending, saving, and 
        investing).
            [(12) Activities to promote, implement, or expand 
        public school choice.
            [(13) Programs to hire and support school nurses.
            [(14) Expansion and improvement of school-based 
        mental health services, including early identification 
        of drug use and violence, assessment, and direct 
        individual or group counseling services provided to 
        students, parents, and school personnel by qualified 
        school-based mental health services personnel.
            [(15) Alternative educational programs for those 
        students who have been expelled or suspended from their 
        regular educational setting, including programs to 
        assist students to reenter the regular educational 
        setting upon return from treatment or alternative 
        educational programs.
            [(16) Programs to establish or enhance 
        prekindergarten programs for children.
            [(17) Academic intervention programs that are 
        operated jointly with community-based organizations and 
        that support academic enrichment, and counseling 
        programs conducted during the school day (including 
        during extended school day or extended school year 
        programs), for students most at risk of not meeting 
        challenging State academic achievement standards or not 
        completing secondary school.
            [(18) Programs for cardiopulmonary resuscitation 
        (CPR) training in schools.
            [(19) Programs to establish smaller learning 
        communities.
            [(20) Activities that encourage and expand 
        improvements throughout the area served by the local 
        educational agency that are designed to advance student 
        academic achievement.
            [(21) Initiatives to generate, maintain, and 
        strengthen parental and community involvement.
            [(22) Programs and activities that expand learning 
        opportunities through best-practice models designed to 
        improve classroom learning and teaching.
            [(23) Programs to provide same-gender schools and 
        classrooms (consistent with applicable law).
            [(24) Service learning activities.
            [(25) School safety programs, including programs to 
        implement the policy described in section 9507 and 
        which may include payment of reasonable transportation 
        costs and tuition costs for such students.
            [(26) Programs that employ research-based cognitive 
        and perceptual development approaches and rely on a 
        diagnostic-prescriptive model to improve students' 
        learning of academic content at the preschool, 
        elementary, and secondary levels.
            [(27) Supplemental educational services, as defined 
        in section 1116(e).
    [(b) Requirements.--The innovative assistance programs 
described in subsection (a) shall be--
            [(1) tied to promoting challenging academic 
        achievement standards;
            [(2) used to improve student academic achievement; 
        and
            [(3) part of an overall education reform strategy.
    [(c) Guidelines.--Not later than 120 days after the date of 
enactment of the No Child Left Behind Act of 2001, the 
Secretary shall issue guidelines for local educational agencies 
seeking funding for programs described in subsection (a)(23).]

[SEC. 5132. ADMINISTRATIVE AUTHORITY.

     [In order to conduct the programs authorized by this part, 
each State educational agency or local educational agency may 
use funds made available under this part to make grants to, and 
to enter into contracts with, local educational agencies, 
institutions of higher education, libraries, museums, and other 
public and private nonprofit agencies, organizations, and 
institutions.]

[SEC. 5133. LOCAL APPLICATIONS.

    [(a) Submission of Application.--A local educational agency 
may receive an allocation of funds under this part for any year 
for which the agency submits an application under this section 
that the State educational agency certifies under subsection 
(b).
    [(b) Certification and Contents of Application.--The State 
educational agency shall certify each application submitted 
under subsection (a) that includes each of the following:
            [(1) A description of locally identified needs 
        relative to the purposes of this part and to the 
        innovative assistance programs described in section 
        5131.
            [(2) A statement that sets forth the planned 
        allocation of funds, based on the needs identified in 
        subparagraph (A), among innovative assistance programs 
        described in section 5131, a description of the 
        programs that the local educational agency intends to 
        support, and a description of the reasons for the 
        selection of such programs.
            [(3) Information setting forth the allocation of 
        such funds required to implement section 5142.
            [(4) A description of how assistance under this 
        part will contribute to improving student academic 
        achievement or improving the quality of education for 
        students.
            [(5) An assurance that the local educational agency 
        will comply with this part, including the provisions of 
        section 5142 concerning the participation of children 
        enrolled in private nonprofit schools.
            [(6) An assurance that the local educational agency 
        will keep such records, and provide such information to 
        the State educational agency, as may be reasonably 
        required for fiscal audit and program evaluation 
        (consistent with the responsibilities of the State 
        educational agency under this part).
            [(7) Provision, in the allocation of funds for the 
        assistance authorized by this part and in the planning, 
        design, and implementation of such innovative 
        assistance programs, for systematic consultation with 
        parents of children attending elementary schools and 
        secondary schools in the area served by the local 
        educational agency, with teachers and administrative 
        personnel in such schools, and with such other groups 
        involved in the implementation of this part (such as 
        librarians, school counselors, and other pupil services 
        personnel) as may be considered appropriate by the 
        local educational agency.
            [(8) An assurance that--
                    [(A) programs carried out under this part 
                will be evaluated annually;
                    [(B) the evaluation will be used to make 
                decisions about appropriate changes in programs 
                for the subsequent year;
                    [(C) the evaluation will describe how 
                assistance under this part affected student 
                academic achievement and will include, at a 
                minimum, information and data on the use of 
                funds, the types of services furnished, and the 
                students served under this part; and
                    [(D) the evaluation will be submitted to 
                the State educational agency at the time and in 
                the manner requested by the State educational 
                agency.
            [(9) If the local educational agency seeks funds 
        under section 5131(a)(23), a description of how the 
        agency will comply with the guidelines issued by the 
        Secretary regarding same-gender schools and classrooms 
        under section 5131(c).
    [(c) Period of Application.--An application submitted by a 
local educational agency under subsection (a) may seek 
allocations under this part for a period not to exceed 3 fiscal 
years. The agency may amend the application annually, as may be 
necessary to reflect changes, without the filing of a new 
application.
    [(d) Local Educational Agency Discretion.--
            [(1) In general.--Subject to the limitations and 
        requirements of this part, a local educational agency 
        shall have complete discretion in determining how funds 
        made available to carry out this subpart will be 
        divided among programs described in section 5131.
            [(2) Limitation.--In exercising the discretion 
        described in paragraph (1), a local educational agency 
        shall ensure that expenditures under this subpart carry 
        out the purposes of this part and are used to meet the 
        educational needs within the schools served by the 
        local educational agency.]

                    [Subpart 4--General Provisions]

[SEC. 5141. MAINTENANCE OF EFFORT.

    [(a) In general.--Except as provided in subsection (b), a 
State educational agency is entitled to receive its full 
allotment of funds under this part for any fiscal year only if 
the Secretary determines that either the combined fiscal effort 
per student or the aggregate expenditures within the State, 
with respect to the provision of free public education for the 
fiscal year preceding the fiscal year for which the 
determination is made, was not less than 90 percent of such 
combined fiscal effort or aggregate expenditures for the second 
fiscal year preceding the fiscal year for which the 
determination is made.
    [(b) Reduction of Funds.--The Secretary shall reduce the 
amount of the allotment of funds under this part in any fiscal 
year in the exact proportion by which the State educational 
agency fails to meet the requirements of subsection (a) by 
falling below 90 percent of the fiscal effort per student or 
aggregate expenditures (using the measure most favorable to the 
State educational agency), and no such lesser amount shall be 
used for computing the effort or expenditures required under 
paragraph (1) for subsequent years.
    [(c) Waiver.--The Secretary may waive, for 1 fiscal year 
only, the requirements of this section, if the Secretary 
determines that such a waiver would be equitable due to 
exceptional or uncontrollable circumstances, such as a natural 
disaster or a precipitous and unforeseen decline in the 
financial resources of the State educational agency.]

[SEC. 5142. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

    [(a) Participation on Equitable Basis.--
            [(1) In general.--To the extent consistent with the 
        number of children in the school district of a local 
        educational agency that is eligible to receive funds 
        under this part, or that serves the area in which a 
        program assisted under this part is located, who are 
        enrolled in private nonprofit elementary schools and 
        secondary schools, or, with respect to instructional or 
        personnel training programs funded by the State 
        educational agency from funds made available for State 
        educational agency use, the local educational agency, 
        after consultation with appropriate private school 
        officials--
                    [(A) shall provide, as may be necessary, 
                for the benefit of such children in such 
                schools--
                            [(i) secular, neutral, and 
                        nonideological services, materials, and 
                        equipment, including the participation 
                        of the teachers of such children (and 
                        other educational personnel serving 
                        such children) in training programs; 
                        and
                            [(ii) the repair, minor remodeling, 
                        or construction of public facilities 
                        (consistent with subsection (c)); or
                    [(B) if such services, materials, and 
                equipment are not feasible or necessary in one 
                or more such private schools, as determined by 
                the local educational agency after consultation 
                with the appropriate private school officials, 
                shall provide such other arrangements as will 
                assure equitable participation of such children 
                in the purposes and benefits of this part.
            [(2) Other provisions for services.--If no program 
        is carried out under paragraph (1) in the school 
        district of a local educational agency, the State 
        educational agency shall make arrangements, such as 
        through contracts with nonprofit agencies or 
        organizations, under which children in private schools 
        in the district are provided with services and 
        materials to the same extent as would have occurred if 
        the local educational agency had received funds under 
        this part.
            [(3) Application of requirements.--The requirements 
        of this section relating to the participation of 
        children, teachers, and other personnel serving such 
        children shall apply to programs carried out under this 
        part by a State educational agency or local educational 
        agency, whether directly or through grants to, or 
        contracts with, other public or private agencies, 
        institutions, or organizations.
    [(b) Equal Expenditures.--
            [(1) In general.--Expenditures for programs under 
        subsection (a) shall be equal (consistent with the 
        number of children to be served) to expenditures for 
        programs under this part for children enrolled in the 
        public schools of the local educational agency.
            [(2) Concentrated programs.--Taking into account 
        the needs of the individual children and other factors 
        that relate to the expenditures referred to in 
        paragraph (1), and when funds available to a local 
        educational agency under this part are used to 
        concentrate programs on a particular group, attendance 
        area, or grade or age level, children enrolled in 
        private schools who are included within the group, 
        attendance area, or grade or age level selected for 
        such concentration shall, after consultation with the 
        appropriate private school officials, be assured 
        equitable participation in the purposes and benefits of 
        such programs.
    [(c) Administrative Requirements.--
            [(1) Funds and property.--The control of funds 
        provided under this part, and title to materials, 
        equipment, and property repaired, remodeled, or 
        constructed with such funds, shall be in a public 
        agency for the uses and purposes provided in this part, 
        and a public agency shall administer such funds and 
        property.
            [(2) Provision of services.--Services provided 
        under this part shall be provided by employees of a 
        public agency or through contract by such a public 
        agency with a person, association, agency, or 
        corporation that, in the provision of such services, is 
        independent of the private school and of any religious 
        organizations, and such employment or contract shall be 
        under the control and supervision of such a public 
        agency. The funds provided under this part shall not be 
        commingled with State or local funds.
    [(d) Waiver.--
            [(1) State prohibition.--If a State educational 
        agency or local educational agency is prohibited, by 
        reason of any provision of law, from providing for the 
        participation in programs of children enrolled in 
        private elementary schools and secondary schools as 
        required by subsections (a) through (c), the Secretary 
        shall waive such requirements for the agency involved 
        and shall arrange for the provision of services to such 
        children through arrangements that shall be subject to 
        the requirements of this section.
            [(2) Failure to comply.--If the Secretary 
        determines that a State educational agency or a local 
        educational agency has substantially failed, or is 
        unwilling, to provide for the participation on an 
        equitable basis of children enrolled in private 
        elementary schools and secondary schools as required by 
        subsections (a) through (c), the Secretary may waive 
        such requirements and shall arrange for the provision 
        of services to such children through arrangements that 
        shall be subject to the requirements of this section.
    [(e) Withholding of Allotment or Allocation.--Pending final 
resolution of any investigation or complaint that could result 
in a waiver under subsection (d)(1) or (d)(2), the Secretary 
may withhold from the allotment or allocation of the affected 
State educational agency or local educational agency the amount 
estimated by the Secretary to be necessary to pay the cost of 
services to be provided by the Secretary under such subsection.
    [(f) Duration of Determination.--Any determination by the 
Secretary under this section shall continue in effect until the 
Secretary determines that there will no longer be any failure 
or inability on the part of the State educational agency or 
local educational agency to meet the requirements of 
subsections (a) through (c).
    [(g) Payment From State Allotment.--When the Secretary 
arranges for services under subsection (d), the Secretary 
shall, after consultation with the appropriate public school 
and private school officials, pay the cost of such services, 
including the administrative costs of arranging for those 
services, from the appropriate allotment of the State 
educational agency under this part.
    [(h) Review of Determination.--
            [(1) Written objections.--The Secretary shall not 
        take any final action under this section until the 
        State educational agency and the local educational 
        agency affected by such action have had an opportunity, 
        for not less than 45 days after receiving written 
        notice thereof, to submit written objections and to 
        appear before the Secretary or the Secretary's designee 
        to show cause why that action should not be taken.
            [(2) Court action.--If a State educational agency 
        or local educational agency is dissatisfied with the 
        Secretary's final action after a proceeding under 
        paragraph (1), such agency may, not later than 60 days 
        after notice of such action, file with the United 
        States court of appeals for the circuit in which such 
        State is located a petition for review of that action. 
        A copy of the petition shall be transmitted by the 
        clerk of the court to the Secretary. The Secretary 
        thereupon shall file in the court the record of the 
        proceedings on which the Secretary based the action, as 
        provided in section 2112 of title 28, United States 
        Code.
            [(3) Remand to secretary.--The findings of fact by 
        the Secretary with respect to a proceeding under 
        paragraph (1), if supported by substantial evidence, 
        shall be conclusive. The court, for good cause shown, 
        may remand the case to the Secretary to take further 
        evidence and the Secretary may make new or modified 
        findings of fact and may modify the Secretary's 
        previous action, and shall file in the court the record 
        of the further proceedings. Such new or modified 
        findings of fact shall likewise be conclusive, if 
        supported by substantial evidence.
            [(4) Court review.--Upon the filing of a petition 
        under paragraph (2), the court shall have jurisdiction 
        to affirm the action of the Secretary or to set such 
        action aside, in whole or in part. The judgment of the 
        court shall be subject to review by the Supreme Court 
        upon certiorari or certification, as provided in 
        section 1254 of title 28, United States Code.
    [(i) Prior Determination.--Any bypass determination by the 
Secretary under title VI (as such title was in effect on the 
day preceding the date of enactment of the No Child Left Behind 
Act of 2001) shall, to the extent consistent with the purposes 
of this part, apply to programs under this part.]

[SEC. 5143. FEDERAL ADMINISTRATION.

    [(a) Technical Assistance.--The Secretary, upon request, 
shall provide technical assistance to State educational 
agencies and local educational agencies under this part.
    [(b) Rulemaking.--The Secretary shall issue regulations 
under this part only to the extent that such regulations are 
necessary to ensure that there is compliance with the specific 
requirements and assurances required by this part.
    [(c) Availability of Appropriations.--Notwithstanding any 
other provision of law, unless expressly in limitation of this 
subsection, funds appropriated in any fiscal year to carry out 
programs under this part shall become available for obligation 
on July 1 of such fiscal year and shall remain available for 
obligation until the end of the subsequent fiscal year.]

[SEC. 5144. SUPPLEMENT, NOT SUPPLANT.

     [Funds made available under this part shall be used to 
supplement, and not supplant, any other Federal, State, or 
local education funds.]

[SEC. 5145. DEFINITIONS.

     [In this part:
            [(1) Local educational agency.--The term ``local 
        educational agency'' means a local educational agency 
        or a consortium of such agencies.
            [(2) Public school.--The term ``public school'' 
        means a public elementary school or a public secondary 
        school.
            [(3) School-age population.--The term ``school-age 
        population'' means the population aged 5 through 17.
            [(4) State.--The term ``State'' means each of the 
        50 States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.]

[SEC. 5146. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated to carry out this 
part--
            [(1) $450,000,000 for fiscal year 2002;
            [(2) $475,000,000 for fiscal year 2003;
            [(3) $500,000,000 for fiscal year 2004;
            [(4) $525,000,000 for fiscal year 2005;
            [(5) $550,000,000 for fiscal year 2006; and
            [(6) $600,000,000 for fiscal year 2007.]

                   PART [B]A--PUBLIC CHARTER SCHOOLS

                  [Subpart 1--Charter School Programs]

[SEC. [5201]5101. PURPOSE.

     [It is the purpose of this subpart to increase national 
understanding of the charter schools model by--
            [(1) providing financial assistance for the 
        planning, program design, and initial implementation of 
        charter schools;
            [(2) evaluating the effects of such schools, 
        including the effects on students, student academic 
        achievement, staff, and parents;
            [(3) expanding the number of high-quality charter 
        schools available to students across the Nation; and
            [(4) encouraging the States to provide support to 
        charter schools for facilities financing in an amount 
        more nearly commensurate to the amount the States have 
        typically provided for traditional public schools.]

[SEC. [5202]5102. PROGRAM AUTHORIZED.

    [(a) In General.--The Secretary may award grants to State 
educational agencies having applications approved pursuant to 
section 5203 to enable such agencies to conduct a charter 
school grant program in accordance with this subpart.
    [(b) Special Rule.--If a State educational agency elects 
not to participate in the program authorized by this subpart or 
does not have an application approved under section 5203, the 
Secretary may award a grant to an eligible applicant that 
serves such State and has an application approved pursuant to 
section 5203(c).
    [(c) Program Periods.--
            [(1) Grants to states.--Grants awarded to State 
        educational agencies under this subpart shall be for a 
        period of not more than 3 years.
            [(2) Grants to eligible applicants.--Grants awarded 
        by the Secretary to eligible applicants or subgrants 
        awarded by State educational agencies to eligible 
        applicants under this subpart shall be for a period of 
        not more than 3 years, of which the eligible applicant 
        may use--
                    [(A) not more than 18 months for planning 
                and program design;
                    [(B) not more than 2 years for the initial 
                implementation of a charter school; and
                    [(C) not more than 2 years to carry out 
                dissemination activities described in section 
                5204(f)(6)(B).
    [(d) Limitation.--A charter school may not receive--
            [(1) more than one grant for activities described 
        in subparagraphs (A) and (B) of subsection (c)(2); or
            [(2) more than one grant for activities under 
        subparagraph (C) of subsection (c)(2).
    [(e) Priority Treatment.--
            [(1) In general.--In awarding grants under this 
        subpart for fiscal year 2002 or any succeeding fiscal 
        year from any funds appropriated under section 5211 
        (other than funds reserved to carry out section 
        5205(b)), the Secretary shall give priority to States 
        to the extent that the States meet the criteria 
        described in paragraph (2) and one or more of the 
        criteria described in subparagraph (A), (B), or (C) of 
        paragraph (3).
            [(2) Review and evaluation priority criteria.--The 
        criteria referred to in paragraph (1) are that the 
        State provides for periodic review and evaluation by 
        the authorized public chartering agency of each charter 
        school, at least once every 5 years unless required 
        more frequently by State law, to determine whether the 
        charter school is meeting the terms of the school's 
        charter, and is meeting or exceeding the student 
        academic achievement requirements and goals for charter 
        schools as set forth under State law or the school's 
        charter.
            [(3) Priority criteria.--The criteria referred to 
        in paragraph (1) are the following:
                    [(A) The State has demonstrated progress, 
                in increasing the number of high-quality 
                charter schools that are held accountable in 
                the terms of the schools' charters for meeting 
                clear and measurable objectives for the 
                educational progress of the students attending 
                the schools, in the period prior to the period 
                for which a State educational agency or 
                eligible applicant applies for a grant under 
                this subpart.
                    [(B) The State--
                            [(i) provides for one authorized 
                        public chartering agency that is not a 
                        local educational agency, such as a 
                        State chartering board, for each 
                        individual or entity seeking to operate 
                        a charter school pursuant to such State 
                        law; or
                            [(ii) in the case of a State in 
                        which local educational agencies are 
                        the only authorized public chartering 
                        agencies, allows for an appeals process 
                        for the denial of an application for a 
                        charter school.
                    [(C) The State ensures that each charter 
                school has a high degree of autonomy over the 
                charter school's budgets and expenditures.
    [(f) Amount Criteria.--In determining the amount of a grant 
to be awarded under this subpart to a State educational agency, 
the Secretary shall take into consideration the number of 
charter schools that are operating, or are approved to open, in 
the State.]

[SEC. [5203]5103. APPLICATIONS.

    [(a) Applications From State Agencies.--Each State 
educational agency desiring a grant from the Secretary under 
this subpart shall submit to the Secretary an application at 
such time, in such manner, and containing or accompanied by 
such information as the Secretary may require.
    [(b) Contents of a State Educational Agency Application.--
Each application submitted pursuant to subsection (a) shall--
            [(1) describe the objectives of the State 
        educational agency's charter school grant program and a 
        description of how such objectives will be fulfilled, 
        including steps taken by the State educational agency 
        to inform teachers, parents, and communities of the 
        State educational agency's charter school grant 
        program; and
            [(2) describe how the State educational agency--
                    [(A) will inform each charter school in the 
                State regarding--
                            [(i) Federal funds that the charter 
                        school is eligible to receive; and
                            [(ii) Federal programs in which the 
                        charter school may participate;
                    [(B) will ensure that each charter school 
                in the State receives the charter school's 
                commensurate share of Federal education funds 
                that are allocated by formula each year, 
                including during the first year of operation of 
                the charter school; and
                    [(C) will disseminate best or promising 
                practices of charter schools to each local 
                educational agency in the State; and
            [(3) contain assurances that the State educational 
        agency will require each eligible applicant desiring to 
        receive a subgrant to submit an application to the 
        State educational agency containing--
                    [(A) a description of the educational 
                program to be implemented by the proposed 
                charter school, including--
                            [(i) how the program will enable 
                        all students to meet challenging State 
                        student academic achievement standards;
                            [(ii) the grade levels or ages of 
                        children to be served; and
                            [(iii) the curriculum and 
                        instructional practices to be used;
                    [(B) a description of how the charter 
                school will be managed;
                    [(C) a description of--
                            (i) the objectives of the charter 
                        school; and
                            [(ii) the methods by which the 
                        charter school will determine its 
                        progress toward achieving those 
                        objectives;
                    [(D) a description of the administrative 
                relationship between the charter school and the 
                authorized public chartering agency;
                    [(E) a description of how parents and other 
                members of the community will be involved in 
                the planning, program design, and 
                implementation of the charter school;
                    [(F) a description of how the authorized 
                public chartering agency will provide for 
                continued operation of the school once the 
                Federal grant has expired, if such agency 
                determines that the school has met the 
                objectives described in subparagraph (C)(i);
                    [(G) a request and justification for 
                waivers of any Federal statutory or regulatory 
                provisions that the eligible applicant believes 
                are necessary for the successful operation of 
                the charter school, and a description of any 
                State or local rules, generally applicable to 
                public schools, that will be waived for, or 
                otherwise not apply to, the school;
                    [(H) a description of how the subgrant 
                funds or grant funds, as appropriate, will be 
                used, including a description of how such funds 
                will be used in conjunction with other Federal 
                programs administered by the Secretary;
                    [(I) a description of how students in the 
                community will be--
                            [(i) informed about the charter 
                        school; and
                            [(ii) given an equal opportunity to 
                        attend the charter school;
                    [(J) an assurance that the eligible 
                applicant will annually provide the Secretary 
                and the State educational agency such 
                information as may be required to determine if 
                the charter school is making satisfactory 
                progress toward achieving the objectives 
                described in subparagraph (C)(i);
                    [(K) an assurance that the eligible 
                applicant will cooperate with the Secretary and 
                the State educational agency in evaluating the 
                program assisted under this subpart;
                    [(L) a description of how a charter school 
                that is considered a local educational agency 
                under State law, or a local educational agency 
                in which a charter school is located, will 
                comply with sections 613(a)(5) and 613(e)(1)(B) 
                of the Individuals with Disabilities Education 
                Act;
                    [(M) if the eligible applicant desires to 
                use subgrant funds for dissemination activities 
                under section 5202(c)(2)(C), a description of 
                those activities and how those activities will 
                involve charter schools and other public 
                schools, local educational agencies, 
                developers, and potential developers; and
                    [(N) such other information and assurances 
                as the Secretary and the State educational 
                agency may require.
    [(c) Eligible Applicant Application.--Each eligible 
applicant desiring a grant pursuant to section 5202(b) shall 
submit an application to the Secretary at such time, in such 
manner, and accompanied by such information as the Secretary 
may reasonably require.
    [(d) Contents of Eligible Applicant Application.--Each 
application submitted pursuant to subsection (c) shall 
contain--
            [(1) the information and assurances described in 
        subparagraphs (A) through (N) of subsection (b)(3), 
        except that for purposes of this subsection 
        subparagraphs (J), (K), and (N) of such subsection 
        shall be applied by striking ``and the State 
        educational agency'' each place such term appears;
            [(2) assurances that the State educational agency--
                    [(A) will grant, or will obtain, waivers of 
                State statutory or regulatory requirements; and
                    [(B) will assist each subgrantee in the 
                State in receiving a waiver under section 
                5204(e); and
            [(3) assurances that the eligible applicant has 
        provided its authorized public chartering authority 
        timely notice, and a copy, of the application, except 
        that the State educational agency (or the Secretary, in 
        the case of an application submitted to the Secretary) 
        may waive the requirement of this paragraph in the case 
        of an application for a precharter planning grant or 
        subgrant if the authorized public chartering authority 
        to which a charter school proposal will be submitted 
        has not been determined at the time the grant or 
        subgrant application is submitted.]

[SEC. [5204]5104. ADMINISTRATION.

    [(a) Selection Criteria for State Educational Agencies.--
The Secretary shall award grants to State educational agencies 
under this subpart on the basis of the quality of the 
applications submitted under section 5203(b), after taking into 
consideration such factors as--
            [(1) the contribution that the charter schools 
        grant program will make to assisting educationally 
        disadvantaged and other students in meeting State 
        academic content standards and State student academic 
        achievement standards;
            [(2) the degree of flexibility afforded by the 
        State educational agency to charter schools under the 
        State's charter schools law;
            [(3) the ambitiousness of the objectives for the 
        State charter school grant program;
            [(4) the quality of the strategy for assessing 
        achievement of those objectives;
            [(5) the likelihood that the charter school grant 
        program will meet those objectives and improve 
        educational results for students;
            [(6) the number of high-quality charter schools 
        created under this subpart in the State; and
            [(7) in the case of State educational agencies that 
        propose to use grant funds to support dissemination 
        activities under subsection (f)(6)(B), the quality of 
        those activities and the likelihood that those 
        activities will improve student academic achievement.
    [(b) Selection Criteria for Eligible Applicants.--The 
Secretary shall award grants to eligible applicants under this 
subpart on the basis of the quality of the applications 
submitted under section 5203(c), after taking into 
consideration such factors as--
            [(1) the quality of the proposed curriculum and 
        instructional practices;
            [(2) the degree of flexibility afforded by the 
        State educational agency and, if applicable, the local 
        educational agency to the charter school;
            [(3) the extent of community support for the 
        application;
            [(4) the ambitiousness of the objectives for the 
        charter school;
            [(5) the quality of the strategy for assessing 
        achievement of those objectives;
            [(6) the likelihood that the charter school will 
        meet those objectives and improve educational results 
        for students; and
            [(7) in the case of an eligible applicant that 
        proposes to use grant funds to support dissemination 
        activities under subsection (f)(6)(B), the quality of 
        those activities and the likelihood that those 
        activities will improve student achievement.
    [(c) Peer Review.--The Secretary, and each State 
educational agency receiving a grant under this subpart, shall 
use a peer review process to review applications for assistance 
under this subpart.
    [(d) Diversity of Projects.--The Secretary and each State 
educational agency receiving a grant under this subpart, shall 
award grants and subgrants under this subpart in a manner that, 
to the extent possible, ensures that such grants and 
subgrants--
            [(1) are distributed throughout different areas of 
        the Nation and each State, including urban and rural 
        areas; and
            [(2) will assist charter schools representing a 
        variety of educational approaches, such as approaches 
        designed to reduce school size.
    [(e) 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 
5210(1), if--
            [(1) the waiver is requested in an approved 
        application under this subpart; and
            [(2) the Secretary determines that granting such a 
        waiver will promote the purpose of this subpart.
    [(f) Use of Funds.--
            [(1) State educational agencies.--Each State 
        educational agency receiving a grant under this subpart 
        shall use such grant funds to award subgrants to one or 
        more eligible applicants in the State to enable such 
        applicant to plan and implement a charter school in 
        accordance with this subpart, except that the State 
        educational agency may reserve not more than 10 percent 
        of the grant funds to support dissemination activities 
        described in paragraph (6).
            [(2) Eligible applicants.--Each eligible applicant 
        receiving funds from the Secretary or a State 
        educational agency shall use such funds to plan and 
        implement a charter school, or to disseminate 
        information about the charter school and successful 
        practices in the charter school, in accordance with 
        this subpart.
            [(3) Allowable activities.--An eligible applicant 
        receiving a grant or subgrant under this subpart may 
        use the grant or subgrant funds only for--
                    [(A) post-award planning and design of the 
                educational program, which may include--
                            [(i) refinement of the desired 
                        educational results and of the methods 
                        for measuring progress toward achieving 
                        those results; and
                            [(ii) professional development of 
                        teachers and other staff who will work 
                        in the charter school; and
                    [(B) initial implementation of the charter 
                school, which may include--
                            [(i) informing the community about 
                        the school;
                            [(ii) acquiring necessary equipment 
                        and educational materials and supplies;
                            [(iii) acquiring or developing 
                        curriculum materials; and
                            [(iv) other initial operational 
                        costs that cannot be met from State or 
                        local sources.
            [(4) Administrative expenses.--
                    [(A) State educational agency 
                administrative expenses.--Each State 
                educational agency receiving a grant pursuant 
                to this subpart may reserve not more than 5 
                percent of such grant funds for administrative 
                expenses associated with the charter school 
                grant program assisted under this subpart.
                    [(B) Local administrative expenses.--A 
                local educational agency may not deduct funds 
                for administrative fees or expenses from a 
                subgrant awarded to an eligible applicant, 
                unless the eligible applicant enters 
                voluntarily into a mutually agreed upon 
                arrangement for administrative services with 
                the relevant local educational agency. Absent 
                such approval, the local educational agency 
                shall distribute all such subgrant funds to the 
                eligible applicant without delay.
            [(5) Revolving loan funds.--Each State educational 
        agency receiving a grant pursuant to this subpart may 
        reserve not more than 10 percent of the grant funds for 
        the establishment of a revolving loan fund. Such fund 
        may be used to make loans to eligible applicants that 
        have received a subgrant under this subpart, under such 
        terms as may be determined by the State educational 
        agency, for the initial operation of the charter school 
        grant program of the eligible applicant until such time 
        as the recipient begins receiving ongoing operational 
        support from State or local financing sources.
            [(6) Dissemination.--
                    [(A) In general.--A charter school may 
                apply for funds under this subpart, whether or 
                not the charter school has applied for or 
                received funds under this subpart for planning, 
                program design, or implementation, to carry out 
                the activities described in subparagraph (B) if 
                the charter school has been in operation for at 
                least 3 consecutive years and has demonstrated 
                overall success, including--
                            [(i) substantial progress in 
                        improving student academic achievement;
                            [(ii) high levels of parent 
                        satisfaction; and
                            [(iii) the management and 
                        leadership necessary to overcome 
                        initial start-up problems and establish 
                        a thriving, financially viable charter 
                        school.
                    [(B) Activities.--A charter school 
                described in subparagraph (A) may use funds 
                reserved under paragraph (1) to assist other 
                schools in adapting the charter school's 
                program (or certain aspects of the charter 
                school's program), or to disseminate 
                information about the charter school, through 
                such activities as--
                            [(i) assisting other individuals 
                        with the planning and start-up of one 
                        or more new public schools, including 
                        charter schools, that are independent 
                        of the assisting charter school and the 
                        assisting charter school's developers, 
                        and that agree to be held to at least 
                        as high a level of accountability as 
                        the assisting charter school;
                            [(ii) developing partnerships with 
                        other public schools, including charter 
                        schools, designed to improve student 
                        academic achievement in each of the 
                        schools participating in the 
                        partnership;
                            [(iii) developing curriculum 
                        materials, assessments, and other 
                        materials that promote increased 
                        student achievement and are based on 
                        successful practices within the 
                        assisting charter school; and
                            [(iv) conducting evaluations and 
                        developing materials that document the 
                        successful practices of the assisting 
                        charter school and that are designed to 
                        improve student performance in other 
                        schools.
    [(g) Tribally Controlled Schools.--Each State that receives 
a grant under this subpart and designates a tribally controlled 
school as a charter school shall not consider payments to a 
school under the Tribally Controlled Schools Act of 1988 (25 
U.S.C. 2507) in determining--
            [(1) the eligibility of the school to receive any 
        other Federal, State, or local aid; or
            [(2) the amount of such aid.]

[SEC. [5205]5105. NATIONAL ACTIVITIES.

    [(a) In General.--The Secretary shall reserve for each 
fiscal year the greater of 5 percent or $5,000,000 of the 
amount appropriated to carry out this subpart, except that in 
no fiscal year shall the total amount so reserved exceed 
$8,000,000, to carry out the following activities:
            [(1) To provide charter schools, either directly or 
        through State educational agencies, with--
                    [(A) information regarding--
                            [(i) Federal funds that charter 
                        schools are eligible to receive; and
                            [(ii) other Federal programs in 
                        which charter schools may participate; 
                        and
                    [(B) assistance in applying for Federal 
                education funds that are allocated by formula, 
                including assistance with filing deadlines and 
                submission of applications.
            [(2) To provide for other evaluations or studies 
        that include the evaluation of the impact of charter 
        schools on student academic achievement, including 
        information regarding--
                    [(A) students attending charter schools 
                reported on the basis of race, age, disability, 
                gender, limited English proficiency, and 
                previous enrollment in public school; and
                    [(B) the professional qualifications of 
                teachers within a charter school and the 
                turnover of the teaching force.
            [(3) To provide--
                    [(A) information to applicants for 
                assistance under this subpart;
                    [(B) assistance to applicants for 
                assistance under this subpart with the 
                preparation of applications under section 5203;
                    [(C) assistance in the planning and startup 
                of charter schools;
                    [(D) training and technical assistance to 
                existing charter schools; and
                    [(E) for the dissemination to other public 
                schools of best or promising practices in 
                charter schools.
            [(4) To provide (including through the use of one 
        or more contracts that use a competitive bidding 
        process) for the collection of information regarding 
        the financial resources available to charter schools, 
        including access to private capital, and to widely 
        disseminate to charter schools any such relevant 
        information and model descriptions of successful 
        programs.
            [(5) To carry out evaluations of, technical 
        assistance for, and information dissemination 
        regarding, the per-pupil facilities aid programs. In 
        carrying out the evaluations, the Secretary may carry 
        out one or more evaluations of State programs assisted 
        under this subsection, which shall, at a minimum, 
        address--
                    [(A) how, and the extent to which, the 
                programs promote educational equity and 
                excellence; and
                    [(B) the extent to which charter schools 
                supported through the programs are--
                            [(i) held accountable to the 
                        public;
                            [(ii) effective in improving public 
                        education; and
                            [(iii) open and accessible to all 
                        students.
    [(b) Per-Pupil Facilities Aid Programs.--
            [(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 per-pupil basis, to charter 
        schools to provide the schools with financing--
                    [(A) that is dedicated solely for 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 made 
                available to carry out this subsection under 
                paragraphs (2) and (3)(B) of section 5211(b) 
                for any fiscal year, 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 in the second such 
                        year;
                            [(iii) 60 percent in the third such 
                        year;
                            [(iv) 40 percent in the fourth such 
                        year; and
                            [(v) 20 percent in the fifth such 
                        year.
            [(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 per-pupil 
                facilities aid program for charter schools in 
                the State.
                    [(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.--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.
            [(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.
            [(6) Priorities.--In making grants under this 
        subsection, the Secretary shall give priority to States 
        that meet the criteria described in paragraph (2), and 
        subparagraphs (A), (B), and (C) of paragraph (3), of 
        section 5202(e).
    [(c) Rule of Construction.--Nothing in this section shall 
be construed to require charter schools to collect any data 
described in subsection (a).]

SEC. 5101. PURPOSE.

    It is the purpose of this part to--
            (1) provide financial assistance for the planning, 
        program design, and initial implementation of charter 
        schools;
            (2) increase the number of high-quality charter 
        schools available to students across the United States;
            (3) evaluate the impact of such schools on student 
        achievement, families, and communities, and share best 
        practices among charter schools and other public 
        schools;
            (4) encourage States to provide support to charter 
        schools for facilities financing in an amount more 
        nearly commensurate to the amount the States have 
        typically provided for traditional public schools;
            (5) expand opportunities for children with 
        disabilities, students who are English learners, and 
        other traditionally underserved students to attend 
        charter schools and meet the challenging State academic 
        standards under section 1111(b)(1); and
            (6) support efforts to strengthen the charter 
        school authorizing process to improve performance 
        management, including transparency, monitoring, 
        including financial audits, and evaluation of such 
        schools.

SEC. 5102. PROGRAM AUTHORIZED.

    (a) In General.--The Secretary is authorized to carry out a 
charter school program that supports charter schools that serve 
early childhood, elementary school, and secondary school 
students by--
            (1) supporting the startup of 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 startup of charter schools, the 
                replication of high-quality charter schools, 
                and the expansion of high-quality charter 
                schools;
                    (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.
    (b) Funding Allotment.--From the amount made available 
under section 5111 for a fiscal year, the Secretary shall--
            (1) reserve 12.5 percent to support charter school 
        facilities assistance under section 5104;
            (2) reserve not less than 25 percent to carry out 
        national activities under section 5105; and
            (3) use the remaining amount after the reservations 
        under paragraphs (1) and (2) to carry out section 5103.
    (c) Prior Grants and Subgrants.--The recipient of a grant 
or subgrant under this part (as such part was in effect on the 
day before the date of enactment of the Every Child Achieves 
Act of 2015) shall continue to receive funds in accordance with 
the terms and conditions of such grant or subgrant.

SEC. 5103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.

    (a) State Entity Defined.--For purposes of this section, 
the term ``State entity'' means--
            (1) a State educational agency;
            (2) a State charter school board;
            (3) a Governor of a State; or
            (4) a charter school support organization.
    (b) Program Authorized.--From the amount available under 
section 5102(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 such eligible applicants to--
                    (A) open new charter schools;
                    (B) replicate high-quality charter school 
                models; 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 
                subparagraphs (A) through (C) of 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 the administrative costs of providing 
                technical assistance.
            (2) Contracts and grants.--A State entity may use a 
        grant received under this section to carry out the 
        activities described in paragraph (1)(A) directly or 
        through grants, contracts, or cooperative agreements.
            (3) Rules of construction.--
                    (A) Use of lottery mechanisms.--Nothing in 
                this Act shall prohibit the Secretary from 
                awarding grants to State entities, or State 
                entities from awarding subgrants to eligible 
                applicants, that use a weighted lottery, or an 
                equivalent lottery mechanism, to give better 
                chances for school admission to all or a subset 
                of educationally disadvantaged students if--
                            (i) the use of a weighted lottery 
                        in favor of such students is not 
                        prohibited by State law, and such State 
                        law is consistent with the laws 
                        described in section 5110(2)(G); and
                            (ii) such weighted lottery is not 
                        used for the purpose of creating 
                        schools exclusively to serve a 
                        particular subset of students.
                    (B) Students with special needs.--Nothing 
                in this paragraph shall be construed to 
                prohibit schools from specializing in providing 
                specific services for students with a 
                demonstrated need for such services, such as 
                students who need specialized instruction in 
                reading, spelling, or writing.
    (d) Program Periods; Peer Review; Distribution of 
Subgrants; Waivers.--
            (1) Program periods.--
                    (A) Grants.--A grant awarded by the 
                Secretary to a State entity under this section 
                shall be for a period of not more than 3 years, 
                and may be renewed by the Secretary for one 
                additional 2-year period.
                    (B) Subgrants.--A subgrant awarded by a 
                State entity under this section--
                            (i) shall be for a period of not 
                        more than 3 years, of which an eligible 
                        applicant may use not more than 18 
                        months for planning and program design; 
                        and
                            (ii) may be renewed by the State 
                        entity for one additional 2-year 
                        period.
            (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) Distribution of subgrants.--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) prioritize eligible applicants that 
                plan to serve a significant number of students 
                from low-income families;
                    (B) are distributed throughout different 
                areas, including urban, suburban, and rural 
                areas; and
                    (C) will assist charter schools 
                representing a variety of educational 
                approaches.
            (4) Waivers.--The Secretary may waive any statutory 
        or regulatory requirement over which the Secretary 
        exercises administrative authority under this Act with 
        respect to charter schools supported under this part, 
        except any such requirement relating to the elements of 
        a charter school described in section 5110(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 purposes of this 
                part.
    (e) Limitations.--
            (1) Grants.--A State entity may not receive more 
        than 1 grant under this section at a time.
            (2) Subgrants.--An eligible applicant may not 
        receive more than 1 subgrant under this section for 
        each individual charter school for each grant period or 
        renewal period, unless the eligible applicant 
        demonstrates to the State entity that such individual 
        charter school has demonstrated a strong track record 
        of positive results over the course of the grant period 
        regarding the elements described in subparagraphs (A) 
        and (D) of section 5110(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 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 charter schools to 
                        be opened, replicated, or 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; and
                                    (II) receive the 
                                commensurate share of Federal 
                                funds the schools and students 
                                are eligible to receive under 
                                such programs;
                            (iv) in the case of a State entity 
                        that is not a State educational 
                        agency--
                                    (I) work with the State 
                                educational agency and the 
                                charter schools in the State to 
                                maximize charter school 
                                participation in Federal and 
                                State programs for charter 
                                schools; and
                                    (II) work with the State 
                                educational agency to operate 
                                the State entity's program 
                                under this section, if 
                                applicable;
                            (v) ensure each eligible applicant 
                        that receives a subgrant under the 
                        State entity's program--
                                    (I) is opening or expanding 
                                schools that meet the 
                                definition of a charter school 
                                under section 5110; and
                                    (II) is prepared to 
                                continue to operate such 
                                charter schools once the 
                                subgrant funds under this 
                                section are no longer 
                                available;
                            (vi) support charter schools in 
                        local educational agencies with schools 
                        that have been identified by the State 
                        under section 1114(a)(1)(A);
                            (vii) work with charter schools to 
                        promote inclusion of all students and 
                        support all students upon enrollment in 
                        order to promote retention of students 
                        in the school;
                            (viii) work with charter schools on 
                        recruitment practices, including 
                        efforts to engage groups that may 
                        otherwise have limited opportunities to 
                        attend charter schools;
                            (ix) share best and promising 
                        practices among 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 students 
                        who are English learners; and
                            (xi) support efforts to increase 
                        charter school quality initiatives, 
                        including meeting the quality 
                        authorizing elements described in 
                        paragraph (2)(D);
                    (B) a description of how the State will 
                actively monitor and hold authorized public 
                chartering agencies accountable to ensure high-
                quality authorizing activity, including by 
                establishing authorizing standards and by 
                approving, reapproving, and 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;
                    (C) 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) will solicit and consider 
                        input from parents and other members of 
                        the community on the implementation and 
                        operation of each charter school 
                        receiving funds under the State 
                        entity's charter school program under 
                        this section;
                    (D) a description of how the State entity 
                will award subgrants, on a competitive basis, 
                including--
                            (i) a description of the 
                        application each eligible applicant 
                        desiring to receive a subgrant will be 
                        required to submit, which application 
                        shall include--
                                    (I) a description of the 
                                roles and responsibilities of 
                                eligible applicants, and of any 
                                charter management 
                                organizations or other 
                                organizations with which the 
                                eligible applicant will partner 
                                to open charter schools, 
                                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, 
                                financial audits to ensure 
                                adequate fiscal oversight, and 
                                how a school's performance on 
                                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;
                                    (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 
                                5110; and
                                    (IV) a description of the 
                                eligible applicant's planned 
                                activities and expenditures of 
                                subgrant funds for purposes of 
                                opening a new charter school, 
                                replicating a high-quality 
                                charter school, or expanding a 
                                high-quality charter school, 
                                and how the eligible applicant 
                                will maintain fiscal 
                                sustainability after the end of 
                                the subgrant period; and
                            (ii) a description of how the State 
                        entity will review applications from 
                        eligible applicants;
                    (E) in the case of a State entity that 
                partners with an outside organization to carry 
                out the entity's quality charter school 
                program, in whole or in part, a description of 
                the roles and responsibilities of the partner; 
                and
                    (F) a description of how the State entity 
                will help the charter schools receiving funds 
                under the State entity's program address the 
                transportation needs of the schools' students.
            (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 
                entity's program--
                            (i) ensures that the charter school 
                        under the authority of such agency is 
                        meeting the requirements of this Act, 
                        part B of the Individuals with 
                        Disabilities Education Act, title VI of 
                        the Civil Rights Act of 1964, and 
                        section 504 of the Rehabilitation Act 
                        of 1973; and
                            (ii) adequately monitors and 
                        provides adequate technical assistance 
                        to 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 students 
                        who are English learners;
                    (D) the State entity will promote quality 
                authorizing, 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) using annual performance data, 
                        which may include graduation rates and 
                        student academic growth data, as 
                        appropriate, to measure a school's 
                        progress toward becoming a high-quality 
                        charter school;
                            (ii) reviewing the schools' 
                        independent, annual audits of financial 
                        statements conducted in accordance with 
                        generally accepted accounting 
                        principles, and ensuring 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; and
                    (E) the State entity will ensure that each 
                charter school in the State makes publicly 
                available, consistent with the dissemination 
                requirements of the annual State report card, 
                including on the website of the school, 
                information to help parents make informed 
                decisions about the education options available 
                to their children, including information on the 
                educational program, student support services, 
                parent contract requirements (as applicable), 
                including any financial obligations or fees, 
                enrollment criteria (as applicable), and annual 
                performance and enrollment data for each of the 
                categories of students, as defined in section 
                1111(b)(3)(A).
            (3) Requests for waivers.--
                    (A) Federal statute and regulation.--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 entity's 
                program under this section.
                    (B) State and local rules.--A description 
                of any State or local rules, generally 
                applicable to public schools, that will be 
                waived, or otherwise not apply, to such schools 
                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 necessary waivers, if applicable.
    (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 public charter school law and how 
                the State entity will work to maximize the 
                flexibility provided to charter schools under 
                such law;
                    (B) the proposed number of new charter 
                schools to be opened, and, if applicable, the 
                number of high-quality charter schools to be 
                replicated or expanded under the program, and 
                the number of new students to be served by such 
                schools;
                    (C) the likelihood that the schools opened, 
                replicated, or expanded by eligible applicants 
                receiving subgrant funds will increase the 
                academic achievement of the school's students 
                and progress toward becoming high-quality 
                charter schools; and
                    (D) the quality of the State entity's plan 
                to--
                            (i) monitor the eligible applicants 
                        receiving subgrants under the State 
                        entity's program;
                            (ii) provide technical assistance 
                        and support for--
                                    (I) the eligible applicants 
                                receiving subgrants under the 
                                State entity's program; and
                                    (II) quality authorizing 
                                efforts in the State.
            (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 the local educational agency to 
                        be an authorized public chartering 
                        agency for each developer 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 that charter schools receive 
                equitable financing, as compared to traditional 
                public schools, 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 support at-risk students through 
                activities such as dropout prevention or 
                dropout recovery.
                    (F) The State entity ensures that each 
                charter school has a high degree of autonomy 
                over the charter school's budget and 
                operations, including autonomy over personnel 
                decisions.
                    (G) 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 carry out 
activities related to opening a new charter school, replicating 
a high-quality charter school, or expanding a high-quality 
charter school, which may include--
            (1) supporting the acquisition, expansion, or 
        preparation of a charter school building to meet 
        increasing enrollment needs, including financing the 
        development of a new building and ensuring that a 
        school building complies with applicable statutes and 
        regulations;
            (2) paying costs associated with hiring additional 
        teachers to serve additional students;
            (3) providing transportation to students to and 
        from the charter school;
            (4) providing instructional materials, implementing 
        teacher and principal or other school leader 
        professional development programs, and hiring 
        additional nonteaching staff;
            (5) supporting any necessary activities that assist 
        the charter school in carrying out this section, such 
        as preparing individuals to serve as members of the 
        charter school's board; and
            (6) providing early childhood education programs 
        for children, including direct support to, and 
        coordination with school- or community-based early 
        childhood education programs.
    (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 grant period and at the end of any 
renewal 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 
        grant period.
            (2) The number and amount of subgrants awarded 
        under this section to carry out each of the following:
                    (A) The opening of new charter schools.
                    (B) The replication of high-quality charter 
                schools.
                    (C) The expansion of high-quality charter 
                schools.
            (3) The progress the State entity made toward 
        meeting the priorities described in subparagraphs (E) 
        through (G) of subsection (g)(2).
            (4) A description of--
                    (A) how the State entity complied with, and 
                ensured that eligible applicants complied with, 
                the assurances described in the State entity's 
                application;
                    (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 receive 
                subgrant funds, if applicable; and
                    (C) how each recipient of a subgrant under 
                this section uses the subgrant funds on early 
                childhood education programs described in 
                subsection (h)(6), if such recipient chooses to 
                use such funds on such programs.

SEC. 5104. FACILITIES FINANCING ASSISTANCE.

    (a) Grants to Eligible Entities.--
            (1) In general.--From the amount reserved under 
        section 5102(b)(1), the Secretary shall use not less 
        than 50 percent to award not less than 3 grants, on a 
        competitive basis, to eligible entities that have the 
        highest-quality applications approved under subsection 
        (d) to demonstrate innovative methods of helping 
        charter schools to address the cost of acquiring, 
        constructing, and renovating facilities by enhancing 
        the availability of loans or bond financing.
            (2) Eligible entity defined.--For the purposes of 
        this section, the term ``eligible entity'' means--
                    (A) a public entity, such as a State or 
                local governmental entity;
                    (B) a private nonprofit entity; or
                    (C) a consortium of entities described in 
                subparagraphs (A) and (B).
    (b) Grantee Selection.--The Secretary shall evaluate each 
application submitted under subsection (d), and shall determine 
whether the application is sufficient to merit approval.
    (c) Grant Characteristics.--Grants under subsection (a) 
shall be of a 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 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 
                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 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 this section shall use the funds 
deposited in the reserve account established under subsection 
(f) to assist one or more charter schools to access private 
sector capital to accomplish one or more of the following 
objectives:
            (1) The acquisition (by purchase, lease, donation, 
        or otherwise) of an interest (including an interest 
        held by a third party for the benefit of a charter 
        school) in improved or unimproved real property that is 
        necessary to commence or continue the operation of a 
        charter school.
            (2) The construction of new facilities, including 
        predevelopment costs, 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 which 
        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 such subsection.
                    (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 this section 
        and deposited in the reserve account established under 
        paragraph (1) shall be invested in obligations issued 
        or guaranteed by the United States or a State, or in 
        other similarly low-risk securities.
            (3) Reinvestment of earnings.--Any earnings on 
        funds received under subsection (a) shall be deposited 
        in the reserve account established under paragraph (1) 
        and used in accordance with this subsection.
    (g) Limitation on Administrative Costs.--An eligible entity 
may use not more than 2.5 percent of the funds received under 
subsection (a) for the administrative costs of carrying out its 
responsibilities under this section (excluding subsection (k)).
    (h) Audits and Reports.--
            (1) Financial record maintenance and audit.--The 
        financial records of each eligible entity receiving a 
        grant under subsection (a) shall be maintained in 
        accordance with generally accepted accounting 
        principles and shall be subject to an annual audit by 
        an independent public accountant.
            (2) Reports.--
                    (A) Grantee annual reports.--Each eligible 
                entity receiving a grant under subsection (a) 
                annually shall submit to the Secretary a report 
                of the entity's operations and activities under 
                this section.
                    (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 which may be required to be 
paid under any obligation made by an eligible entity pursuant 
to any provision of this section.
    (j) Recovery of Funds.--
            (1) In general.--The Secretary, in accordance with 
        chapter 37 of title 31, United States Code, shall 
        collect--
                    (A) all of the funds in a reserve account 
                established by an eligible entity under 
                subsection (f)(1) if the Secretary determines, 
                not earlier than 2 years after the date on 
                which the eligible entity first received funds 
                under this section (excluding subsection (k)), 
                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 such subsection.
            (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.
    (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 per-pupil basis, to charter 
        schools to provide the schools with financing--
                    (A) that is dedicated solely for 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 5102(b)(1) and remaining after 
                the Secretary makes grants under subsection 
                (a), the Secretary shall make grants, on a 
                competitive basis, to States to pay for the 
                Federal share of the cost of establishing or 
                enhancing, and administering, per-pupil 
                facilities aid programs.
                    (B) Period.--The Secretary shall award 
                grants under this subsection for periods of not 
                more than 5 years.
                    (C) Federal share.--The Federal share of 
                the cost described in subparagraph (A) for a 
                per-pupil facilities aid program shall be not 
                more than--
                            (i) 90 percent of the cost, for the 
                        first fiscal year for which the program 
                        receives assistance under this 
                        subsection;
                            (ii) 80 percent for the second such 
                        year;
                            (iii) 60 percent for the third such 
                        year;
                            (iv) 40 percent for the fourth such 
                        year; and
                            (v) 20 percent for the fifth such 
                        year.
                    (D) State share.--A State receiving a grant 
                under this subsection may partner with 1 or 
                more organizations, and such organizations may 
                provide not more than 50 percent of the State 
                share of the cost of establishing or enhancing, 
                and administering, the per-pupil facilities aid 
                program.
                    (E) Multiple grants.--A State may receive 
                more than 1 grant under this subsection, so 
                long as the amount of such grant 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 per-pupil 
                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.--In 
                accordance with the method of determination 
                described in section 1117, 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 may be 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. 5105. NATIONAL ACTIVITIES.

    (a) In General.--From the amount reserved under section 
5102(b)(2), the Secretary shall--
            (1) use not less than 80 percent of such funds to 
        award grants in accordance with subsection (b); and
            (2) use the remainder of such funds to--
                    (A) disseminate technical assistance to 
                State entities in awarding subgrants under 
                section 5103(b)(1)(A);
                    (B) disseminate best practices regarding 
                public charter schools;
                    (C) evaluate the impact of the charter 
                school program carried out under this part, 
                including the impact on student achievement; 
                and
                    (D) award grants, on a competitive basis, 
                for the purpose of carrying out the activities 
                described in section 5103(h), to eligible 
                applicants that desire to open a charter 
                school, replicate a high-quality charter 
                school, or expand a high-quality charter school 
                in--
                            (i) a State that did not apply for 
                        a grant under section 5103; or
                            (ii) a State that did not receive a 
                        grant under section 5103.
    (b) Grants for the Replication and Expansion of High-
quality Charter Schools.--The Secretary shall make grants, on a 
competitive basis, to eligible entities having applications 
approved under paragraph (2) to enable such entities to 
replicate a high-quality charter school or expand a high-
quality charter school.
            (1) Definition of eligible entity.--For purposes of 
        this subsection, the term ``eligible entity'' means--
                    (A) a charter management organization that, 
                at the time of the application, operates or 
                manages one or more high-quality charter 
                schools; or
                    (B) a nonprofit organization that oversees 
                and coordinates the activities of a group of 
                such charter management organizations.
            (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) A description of 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.
                    (B) A description of 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 that will be served, 
                and the instructional practices that will be 
                used.
                    (C) A multi-year financial and operating 
                model for the eligible entity, including a 
                description of how the operation of the charter 
                schools to be replicated or expanded will be 
                sustained after the grant under this subsection 
                has ended.
                    (D) A description of how the eligible 
                entity will inform all students in the 
                community, including children with 
                disabilities, students who are English 
                learners, and other educationally disadvantaged 
                students, about the charter schools to be 
                replicated or expanded with funding under this 
                subsection.
                    (E) 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); and
                            (ii) attendance and student 
                        retention rates for the most recently 
                        completed school year and, if 
                        applicable, the most recent available 
                        4-year adjusted cohort and extended-
                        year adjusted cohort secondary school 
                        graduation rates (as such rates were 
                        calculated on the day before enactment 
                        of the Every Child Achieves Act of 
                        2015).
                    (F) Information on any significant 
                compliance issues encountered, within the last 
                3 years, by any school operated or managed by 
                the eligible entity, including in the areas of 
                student safety and financial management.
                    (G) A 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.
            (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 and attainment for all students 
                attending the charter schools the eligible 
                entity operates or manages;
                    (B) the degree to which the eligible entity 
                has demonstrated success in increasing academic 
                achievement and attainment for each of the 
                categories of students, as defined in section 
                1111(b)(3)(A);
                    (C) the quality of the eligible entity's 
                financial and operating model as described 
                under paragraph (2)(C), including the quality 
                of the eligible entity's plan for sustaining 
                the operation of the charter schools to be 
                replicated or expanded after the grant under 
                this subsection has ended;
                    (D) 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 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; and
                    (E) 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.
            (4) Priority.--In awarding grants under this 
        section, the Secretary shall give priority to eligible 
        entities that operate or manage charter schools that, 
        in the aggregate, serve students at least 60 percent of 
        whom are eligible for a free or reduced price lunch 
        under the Richard B. Russell National School Lunch Act.
            (5) Terms and conditions.--Except as otherwise 
        provided in this subsection, grants awarded under 
        subsection (a)(2)(D) and this subsection shall have the 
        same terms and conditions as grants awarded to State 
        entities under section 5103.

SEC. [5206]5106. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND FOR 
                    SUCCESSIVE ENROLLMENT EXPANSIONS.

    (a) In General.--* * *

           *       *       *       *       *       *       *

    (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 subsection (a), a 
State educational agency shall calculate a hold-harmless base 
for the prior year that, as applicable, reflects the new or 
significantly expanded enrollment of the charter school.

           *       *       *       *       *       *       *

SEC. [5207]5107. SOLICITATION OF INPUT FROM CHARTER SCHOOL OPERATORS.

           *       *       *       *       *       *       *

SEC. [5208]5108. RECORDS TRANSFER.

     State educational agencies and local educational agencies, 
as quickly as possible and to the extent practicable, shall 
ensure that a student's records and, if applicable, a student's 
individualized education program as defined in section 602 of 
the Individuals with Disabilities Education Act, are 
transferred to a charter school upon the transfer of the 
student to the charter school, and to another public school 
upon the transfer of the student from a charter school to 
another public school, in accordance with applicable State law.

           *       *       *       *       *       *       *

SEC. [5209]5109. PAPERWORK REDUCTION.

           *       *       *       *       *       *       *

SEC. [5210]5110. DEFINITIONS.

     In this subpart:
            [(4)](1) Authorized public chartering agency.--* * 
        *
            [(1)](2) Charter school.--The term ``charter 
        school'' means a public school that--
                    (A) * * *

           *       *       *       *       *       *       *

                    (G) complies with the Age Discrimination 
                Act of 1975, title VI of the Civil Rights Act 
                of 1964, title IX of the Education Amendments 
                of 1972, section 504 of the Rehabilitation Act 
                of 1973[, and part B], the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12101 et 
                seq.), section 444 of the General Education 
                Provisions Act (20 U.S.C. 1232g) (commonly 
                referred to as the ``Family Educational Rights 
                and Privacy Act of 1974''), and part B of the 
                Individuals with Disabilities Education Act;
                    [(H) is a school to which parents choose to 
                send their children, and that admits students 
                on the basis of a lottery, if more students 
                apply for admission than can be accommodated;]
                    (H) is a school to which parents choose to 
                send their children, and which--
                            (i) admits students on the basis of 
                        a lottery, if more students apply for 
                        admission than can be accommodated; or
                            (ii) in the case of a school that 
                        has an affiliated charter school (such 
                        as a school that is part of the same 
                        network of schools), automatically 
                        enrolls students who are enrolled in 
                        the immediate prior grade level of the 
                        affiliated charter school and, for any 
                        additional student openings or student 
                        openings created through regular 
                        attrition in student enrollment in the 
                        affiliated charter school and the 
                        enrolling school, admits students on 
                        the basis of a lottery as described in 
                        clause (i);
                    [(I) agrees to comply with the same Federal 
                and State audit requirements as do other 
                elementary schools and secondary schools in the 
                State, unless such requirements are 
                specifically waived for the purpose of this 
                program;]
                    (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;

           *       *       *       *       *       *       *

                    (K) operates in accordance with State law; 
                [and]
                    (L) has a written performance contract with 
                the authorized public chartering agency in the 
                State that includes a description of how 
                student performance will be measured in charter 
                schools pursuant to State assessments that are 
                required of other schools and pursuant to any 
                other assessments mutually agreeable to the 
                authorized public chartering agency and the 
                charter school[.]; and
                    (M) may serve students in early childhood 
                education programs or postsecondary students.
            (3) Charter management organization.--The term 
        ``charter management organization'' means a nonprofit 
        organization that operates or manages multiple charter 
        schools by centralizing or sharing certain functions or 
        resources.
            (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.

           *       *       *       *       *       *       *

            [(2)](5) Developer.-- * * *
            [(3)](6) Eligible applicant.--The term ``eligible 
        applicant'' means a developer that has--
                    (A) * * *
                    (B) provided adequate and timely notice to 
                that authority [under section 5203(d)(3)].

           *       *       *       *       *       *       *

            (7) Expansion of a high-quality charter school.--
        The term ``expansion of a high-quality charter school'' 
        means increasing the enrollment at a high-quality 
        charter school by not less than 50 percent or adding 2 
        or more grades to a 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 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 categories of students, as defined in 
                section 1111(b)(3)(A), 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) Replication of a high-quality charter school.--
        The term ``replication of a high-quality charter 
        school'' means the opening of a charter school--
                    (A) under an existing charter or an 
                additional charter, if permitted by State law;
                    (B) based on the model of a high-quality 
                charter school; and
                    (C) that will be operated or managed by the 
                same nonprofit organization that operates or 
                manages such high-quality charter school under 
                an existing charter.

           *       *       *       *       *       *       *

[SEC. [5211]5111. AUTHORIZATION OF APPROPRIATIONS.

    [(a) In General.--There are authorized to be appropriated 
to carry out this subpart $300,000,000 for fiscal year 2002 and 
such sums as may be necessary for each of the 5 succeeding 
fiscal years.
    [(b) Reservation.--From the amount appropriated under 
subsection (a) for each fiscal year, the Secretary shall 
reserve--
            [(1) $200,000,000 to carry out this subpart, other 
        than section 5205(b); and
            [(2) any funds in excess of $200,000,000, that do 
        not exceed $300,000,000, to carry out section 5205(b); 
        and
            [(3)(A) 50 percent of any funds in excess of 
        $300,000,000 to carry out this subpart, other than 
        section 5205(b); and
            [(B) 50 percent of any funds in excess of 
        $300,000,000 to carry out section 5205(b).]

SEC. 5111. AUTHORIZATION OF APPROPRIATIONS.

     There are authorized to be appropriated to carry out this 
part such sums as may be necessary for each of fiscal years 
2016 through 2021.

           *       *       *       *       *       *       *

  [Subpart 2--Credit Enhancement Initiatives To Assist Charter School 
          Facility Acquisition, Construction, and Renovation]

[SEC. 5221. PURPOSE.

     [The purpose of this subpart is to provide grants to 
eligible entities to permit the eligible entities to 
demonstrate innovative credit enhancement initiatives that 
assist charter schools to address the cost of acquiring, 
constructing, and renovating facilities.]

[SEC. 5222. GRANTS TO ELIGIBLE ENTITIES.

    [(a) Grants.--The Secretary shall use 100 percent of the 
amount available to carry out this subpart to award not less 
than three grants to eligible entities that have applications 
approved under this subpart to demonstrate innovative methods 
of assisting charter schools to address the cost of acquiring, 
constructing, and renovating facilities by enhancing the 
availability of loans or bond financing.
    [(b) Grantee Selection.--
            [(1) Evaluation of application.--The Secretary 
        shall evaluate each application submitted under section 
        5223, and shall determine whether the application is 
        sufficient to merit approval.
            [(2) Distribution of grants.--The Secretary shall 
        award at least one grant to an eligible entity 
        described in section 5230(2)(A), at least one grant to 
        an eligible entity described in section 5230(2)(B), and 
        at least one grant to an eligible entity described in 
        section 5230(2)(C), if applications are submitted that 
        permit the Secretary to do so without approving an 
        application that is not of sufficient quality to merit 
        approval.
    [(c) Grant Characteristics.--Grants under this subpart 
shall be of a 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) Special Rule.--In the event the Secretary determines 
that the funds made available under this subpart are 
insufficient to permit the Secretary to award not less than 
three grants in accordance with subsections (a) through (c), 
such three-grant minimum and subsection (b)(2) shall not apply, 
and the Secretary may determine the appropriate number of 
grants to be awarded in accordance with subsection (c).]

[SEC. 5223. APPLICATIONS.

    [(a) In General.--To receive a grant under this subpart, an 
eligible entity shall submit to the Secretary an application in 
such form as the Secretary may reasonably require.
    [(b) Contents.--An application submitted under subsection 
(a) shall contain--
            [(1) a statement identifying the activities 
        proposed to be undertaken with funds received under 
        this subpart, 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;
            [(2) a description of the involvement of charter 
        schools in the application's development and the design 
        of the proposed activities;
            [(3) a description of the eligible entity's 
        expertise in capital market financing;
            [(4) 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;
            [(5) 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;
            [(6) in the case of an application submitted by a 
        State governmental entity, a description of the actions 
        that the entity has taken, or will take, to ensure that 
        charter schools within the State receive the funding 
        the charter schools need to have adequate facilities; 
        and
            [(7) such other information as the Secretary may 
        reasonably require.]

[SEC. 5224. CHARTER SCHOOL OBJECTIVES.

     [An eligible entity receiving a grant under this subpart 
shall use the funds deposited in the reserve account 
established under section 5225(a) to assist one or more charter 
schools to access private sector capital to accomplish one or 
both 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.]

[SEC. 5225. RESERVE ACCOUNT.

    [(a) Use of Funds.--To assist charter schools to accomplish 
the objectives described in section 5224, an eligible entity 
receiving a grant under this subpart shall, in accordance with 
State and local law, directly or indirectly, alone or in 
collaboration with others, deposit the funds received under 
this subpart (other than funds used for administrative costs in 
accordance with section 5226) 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:
            [(1) Guaranteeing, insuring, and reinsuring bonds, 
        notes, evidences of debt, loans, and interests therein, 
        the proceeds of which are used for an objective 
        described in section 5224.
            [2) Guaranteeing and insuring leases of personal 
        and real property for an objective described in section 
        5224.
            [(3) 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.
            [(4) 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).
    [(b) Investment.--Funds received under this subpart and 
deposited in the reserve account established under subsection 
(a) shall be invested in obligations issued or guaranteed by 
the United States or a State, or in other similarly low-risk 
securities.
    [(c) Reinvestment of Earnings.--Any earnings on funds 
received under this subpart shall be deposited in the reserve 
account established under subsection (a) and used in accordance 
with such subsection.]

[SEC. 5226. LIMITATION ON ADMINISTRATIVE COSTS.

     [An eligible entity may use not more than 0.25 percent of 
the funds received under this subpart for the administrative 
costs of carrying out its responsibilities under this subpart.]

[SEC. 5227. AUDITS AND REPORTS.

    [(a) Financial Record Maintenance and Audit.--The financial 
records of each eligible entity receiving a grant under this 
subpart shall be maintained in accordance with generally 
accepted accounting principles and shall be subject to an 
annual audit by an independent public accountant.
    [(b) Reports.--
            [(1) Grantee annual reports.--Each eligible entity 
        receiving a grant under this subpart annually shall 
        submit to the Secretary a report of its operations and 
        activities under this subpart.
            [(2) Contents.--Each annual report submitted under 
        paragraph (1) shall include--
                    [(A) 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;
                    [(B) a copy of any report made on an audit 
                of the financial records of the eligible entity 
                that was conducted under subsection (a) during 
                the reporting period;
                    [(C) an evaluation by the eligible entity 
                of the effectiveness of its use of the Federal 
                funds provided under this subpart in leveraging 
                private funds;
                    [(D) a listing and description of the 
                charter schools served during the reporting 
                period;
                    [(E) a description of the activities 
                carried out by the eligible entity to assist 
                charter schools in meeting the objectives set 
                forth in section 5224; and
                    [(F) a description of the characteristics 
                of lenders and other financial institutions 
                participating in the activities undertaken by 
                the eligible entity under this subpart during 
                the reporting period.
            [(3) Secretarial report.--The Secretary shall 
        review the reports submitted under paragraph (1) and 
        shall provide a comprehensive annual report to Congress 
        on the activities conducted under this subpart.]

[SEC. 5228. NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATIONS.

     [No financial obligation of an eligible entity entered 
into pursuant to this subpart (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 which may be required to be 
paid under any obligation made by an eligible entity pursuant 
to any provision of this subpart.]

[SEC. 5229. RECOVERY OF FUNDS.

    [(a) In General.--The Secretary, in accordance with chapter 
37 of title 31, United States Code, shall collect--
            [(1) all of the funds in a reserve account 
        established by an eligible entity under section 5225(a) 
        if the Secretary determines, not earlier than 2 years 
        after the date on which the eligible entity first 
        received funds under this subpart, that the eligible 
        entity has failed to make substantial progress in 
        carrying out the purposes described in section 5225(a); 
        or
            [(2) all or a portion of the funds in a reserve 
        account established by an eligible entity under section 
        5225(a) 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 section 5225(a).
    [(b) Exercise of Authority.--The Secretary shall not 
exercise the authority provided in subsection (a) to collect 
from any eligible entity any funds that are being properly used 
to achieve one or more of the purposes described in section 
5225(a).
    [(c) Procedures.--The provisions of sections 451, 452, and 
458 of the General Education Provisions Act shall apply to the 
recovery of funds under subsection (a).
    [(d) Construction.--This section 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.]

[SEC. 5230. DEFINITIONS.

    [In this subpart:
            [(1) Charter school.--The term ``charter school'' 
        has the meaning given such term in section 5210.
            [(2) Eligible entity.--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).]

[SEC. 5231. AUTHORIZATION OF APPROPRIATIONS.

    [For the purpose of carrying out this subpart, there are 
authorized to be appropriated $150,000,000 for fiscal year 2002 
and such sums as may be necessary for fiscal year 2003.]

          [Subpart 3--Voluntary Public School Choice Programs]

[SEC. 5241. GRANTS.

    [(a) Authorization.--From funds made available under 
section 5248 to carry out this subpart, the Secretary shall 
award grants, on a competitive basis, to eligible entities to 
enable the entities to establish or expand a program of public 
school choice (referred to in this subpart as a ``program'') in 
accordance with this subpart.
    [(b) Duration.--Grants awarded under subsection (a) may be 
awarded for a period of not more than 5 years.]

[SEC. 5242. USES OF FUNDS.

    [(a) Required Use of Funds.--An eligible entity that 
receives a grant under this subpart shall use the grant funds 
to provide students selected to participate in the program with 
transportation services or the cost of transportation to and 
from the public elementary schools and secondary schools, 
including charter schools, that the students choose to attend 
under the program.
    [(b) Permissible Uses of Funds.--An eligible entity that 
receives a grant under this subpart may use the grant funds 
for--
            [(1) planning or designing a program (for not more 
        than 1 year);
            [(2) the cost of making tuition transfer payments 
        to public elementary schools or secondary schools to 
        which students transfer under the program;
            [(3) the cost of capacity-enhancing activities that 
        enable high-demand public elementary schools or 
        secondary schools to accommodate transfer requests 
        under the program;
            [(4) the cost of carrying out public education 
        campaigns to inform students and parents about the 
        program; and
            [(5) other costs reasonably necessary to implement 
        the program.
    [(c) Nonpermissible Uses of Funds.--An eligible entity that 
receives a grant under this subpart may not use the grant funds 
for school construction.
    [(d) Administrative Expenses.--The eligible entity may use 
not more than 5 percent of the funds made available through the 
grant for any fiscal year for administrative expenses.]

[SEC. 5243. APPLICATIONS.

    [(a) Submission.--An eligible entity that desires a grant 
under this subpart shall submit an application to the Secretary 
at such time, in such manner, and containing such information 
as the Secretary may require.
    [(b) Contents.--An application submitted under subsection 
(a) shall include--
            [(1) a description of the program for which the 
        eligible entity seeks funds and the goals for such 
        program;
            [(2) a description of how and when parents of 
        students will be given the notice required under 
        section 5245(a)(2);
            [(3) a description of how students will be selected 
        for the program;
            [(4) a description of how the program will be 
        coordinated with, and will complement and enhance, 
        other related Federal and non-Federal projects;
            [(5) if the program is to be carried out by a 
        partnership, the name of each partner and a description 
        of the partner's responsibilities; and
            [(6) such other information as the Secretary may 
        require.]

[SEC. 5244. PRIORITIES.

    [In awarding grants under this subpart, the Secretary shall 
give priority to an eligible entity--
            [(1) whose program would provide the widest variety 
        of choices to all students in participating schools;
            [(2) whose program would, through various choice 
        options, have the most impact in allowing students in 
        low-performing schools to attend higher-performing 
        schools; and
            [(3) that is a partnership that seeks to implement 
        an interdistrict approach to carrying out a program.]

[SEC. 5245. REQUIREMENTS AND VOLUNTARY PARTICIPATION.

    [(a) Parent and Community Involvement and Notice.--In 
carrying out a program under this subpart, an eligible entity 
shall--
            [(1) develop the program with--
                    [(A) the involvement of parents and others 
                in the community to be served; and
                    [(B) individuals who will carry out the 
                program, including administrators, teachers, 
                principals, and other staff; and
            [(2) provide to parents of students in the area to 
        be served by the program with prompt notice of--
                    [(A) the existence of the program;
                    [(B) the program's availability; and
                    [(C) a clear explanation of how the program 
                will operate.
    [(b) Selection of Students.--An eligible entity that 
receives a grant under this subpart shall select students to 
participate in a program on the basis of a lottery, if more 
students apply for admission to the program than can be 
accommodated.
    [(c) Voluntary Participation.--Student participation in a 
program funded under this subpart shall be voluntary.]

[SEC. 5246. EVALUATIONS.

    [(a) In General.--From the amount made available to carry 
out this subpart for any fiscal year, the Secretary may reserve 
not more than 5 percent--
            [(1) to carry out evaluations;
            [(2) to provide technical assistance; and
            [(3) to disseminate information.
    [(b) Evaluations.--In carrying out the evaluations under 
subsection (a), the Secretary shall, at a minimum, address--
            [(1) how, and the extent to which, the programs 
        promote educational equity and excellence;
            [(2) the characteristics of the students 
        participating in the programs; and
            [(3) the effect of the programs on the academic 
        achievement of students participating in the programs, 
        particularly students who move from schools identified 
        under section 1116 to schools not so identified, and on 
        the overall quality of participating schools and 
        districts.]

[SEC. 5247. DEFINITIONS.

     [In this subpart:
            [(1) Charter school.--The term ``charter school'' 
        has the meaning given such term in section 5210.
            [(2) Eligible entity.--The term ``eligible entity'' 
        means--
                    [(A) one or more State educational 
                agencies;
                    [(B) one or more local educational 
                agencies; or
                    [(C) a partnership of--
                            [(i) one or more--
                                    [(I) State educational 
                                agencies; and
                                    [(II) local educational 
                                agencies or other public, for-
                                profit, or nonprofit entities; 
                                or
                            [(ii) one or more--
                                    [(I) local educational 
                                agencies; and
                                    [(II) public, for-profit, 
                                or nonprofit entities.
            [(3) Low-performing school.--The term ``low-
        performing school'' means a public elementary school or 
        secondary school that has failed to make adequate 
        yearly progress, as described in section 1111(b), for 
        two or more consecutive years.]

[SEC. 5248. AUTHORIZATION OF APPROPRIATIONS.

     [There are authorized to be appropriated to carry out this 
subpart $100,000,000 for fiscal year 2002 and each of the 5 
succeeding fiscal years.]

           *       *       *       *       *       *       *

                  PART [C]B--MAGNET SCHOOLS ASSISTANCE

SEC. [5301]5201. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) * * *
    (b) Purpose.--* * *
            (1) the elimination, reduction, or prevention of 
        minority group isolation and the increase of 
        socioeconomic integration in elementary schools and 
        secondary schools with substantial proportions of low-
        income and minority students, which shall include 
        assisting in the efforts of the United States to 
        achieve voluntary desegregation in public schools;
            (2) the development[and implementation], 
        implementation, and expansion of magnet school programs 
        that will assist local educational agencies in 
        achieving systemic reforms and providing all students 
        the opportunity to meet challenging State academic 
        [content standards and student academic achievement 
        standards]standards under section 1111(b)(1);
            (3) the development[and design], design, and 
        expansion of innovative educational methods and 
        practices that promote diversity and increase choices 
        in public elementary schools and public secondary 
        schools and public educational programs;
            (4) courses of instruction within magnet schools 
        that will substantially strengthen the knowledge of 
        academic subjects and the attainment of tangible and 
        marketable [vocational]career, technological, and 
        professional skills of students attending such schools;

           *       *       *       *       *       *       *

            (6) ensuring that all students enrolled in the 
        magnet school programs have equitable access to high 
        quality education that will enable the students to 
        succeed academically and continue with postsecondary 
        education or [productive employment] to enter into the 
        workforce without the need for postsecondary education.

           *       *       *       *       *       *       *

SEC. [5302]5202. DEFINITION.

    For the purpose of this part, the term ``magnet school'' 
means a public elementary school, public secondary school, 
public elementary education center, or public secondary 
education center that offers a special curriculum capable of 
attracting substantial numbers of students of different racial 
[backgrounds], ethnic, and socioeconomic backgrounds.

           *       *       *       *       *       *       *

SEC. [5303]5203. PROGRAM AUTHORIZED.

           *       *       *       *       *       *       *

SEC. [5304]5204. ELIGIBILITY.

           *       *       *       *       *       *       *

SEC. [5305]5205. APPLICATIONS AND REQUIREMENTS.

    (a) Applications.-- * * *
    (b) Information and Assurances.--Each application submitted 
under subsection (a) shall include--
            (1) a description of--
                    (A) how a grant awarded under this part 
                will be used to promote desegregation, 
                including any available evidence on how the 
                proposed magnet school programs will increase 
                interaction among students of different social, 
                economic, ethnic, and racial backgrounds;
                    (B) the manner and extent to which the 
                magnet school program will increase student 
                academic achievement in the instructional area 
                or areas offered by the school, including any 
                evidence available to support such description;
                    (C) * * *
                    (D) how the applicant will assess, monitor, 
                and evaluate the impact of the activities 
                funded under this part on student achievement 
                and integration;
                    [(D)](E) * * *

           *       *       *       *       *       *       *

                    [(E)](F) * * *

           *       *       *       *       *       *       *

            (2) assurances that the applicant [will]--
                    (A) will use grant funds under this part 
                for the purposes specified in [section 
                5301(b)]section 5201(b);
                    (B) [employ highly qualified]will employ 
                effective teachers in the courses of 
                instruction assisted under this part;
                    (C) [not engage in] is not currently 
                engaging in and will not engage in 
                discrimination based on race, religion, color, 
                national origin, sex, or disability in--
                            (i) * * *
                    (D) will carry out a high-quality education 
                program that will encourage greater parental 
                decisionmaking and involvement; and
                    (E) will give students residing in the 
                local attendance area of the proposed magnet 
                school program equitable consideration for 
                placement in the program, consistent with 
                desegregation guidelines and the capacity of 
                the applicant to accommodate the students.

           *       *       *       *       *       *       *

SEC. [5306]5206. PRIORITY.

     In awarding grants under this part, the Secretary shall 
give priority to applicants that--
            (1) * * *
            [(2) propose to carry out new magnet school 
        programs, or significantly revise existing magnet 
        school programs; and]
            (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 an existing magnet school 
                program that has a demonstrated record of 
                success in increasing student academic 
                achievement, reducing isolation of minority 
                groups, and increasing socioeconomic 
                integration; and
            (3) * * *

           *       *       *       *       *       *       *

SEC. [5307]5207. USE OF FUNDS.

    (a) In General.--Grant funds made available under this part 
may be used by an eligible local educational agency, or 
consortium of such agencies--
            (1) * * *

           *       *       *       *       *       *       *

            (3) for the compensation, or subsidization of the 
        compensation, of elementary school and secondary school 
        teachers [who are highly qualified], and instructional 
        staff where applicable, who are necessary to conduct 
        programs in magnet schools;

           *       *       *       *       *       *       *

            (6) to enable the local educational agency, or 
        consortium of such agencies, to have more flexibility 
        in the administration of a magnet school program in 
        order to serve students attending a school who are not 
        enrolled in a magnet school program; [and]
            (7) to enable the local educational agency, or 
        consortium of such agencies, to have flexibility in 
        designing magnet schools for students in all grades[.]; 
        and
            (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 inter-district and regional 
        magnet programs.
    (b) Special Rule.--Grant funds under this part may be used 
for activities described in paragraphs (2) and (3) of 
subsection (a) only if the activities are directly related to 
improving student academic achievement based on [the State's 
challenging academic content standards and student academic 
achievement 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 vocational, technological, and professional 
skills.]the challenging State academic standards under section 
1111(b)(1) or are directly related to improving student 
academic, career, or technological skills and professional 
skills.

           *       *       *       *       *       *       *

[SEC. 5308. PROHIBITION.

     [Grants under this part may not be used for transportation 
or any activity that does not augment academic improvement.]

SEC. [5309]5208. LIMITATIONS.

    (a) Duration of Awards.--A grant under this part shall be 
awarded [for a period that shall not exceed 3 fiscal years.]for 
an initial period of not more than 3 fiscal years, and may be 
renewed for not more than an additional 2 years if the 
Secretary finds that the recipient of a grant under this part 
is achieving the intended outcomes of the grant and shows 
improvement in increasing student academic achievement, 
reducing minority group isolation, and increasing socioeconomic 
integration, or other indicators of success established by the 
Secretary.

           *       *       *       *       *       *       *

    (d) Timing.--To the extent practicable, the Secretary shall 
award grants for any fiscal year under this part not later than 
[July]June 1 of the applicable fiscal year.

           *       *       *       *       *       *       *

SEC. [5311]5209. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.

    (a) Authorization.--For the purpose of carrying out this 
part, there are authorized to be appropriated [$125,000,000 for 
fiscal year 2002 and such sums as may be necessary for each of 
the 5 succeeding fiscal years.]such sums as may be necessary 
for each of fiscal years 2016 through 2021.
    (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 carry out dissemination projects with respect to 
magnet school programs assisted under this part.
    [(b)](c) Availability of Funds for Grants to Agencies Not 
Previously Assisted.--* * *

           *       *       *       *       *       *       *

[SEC. 5310. EVALUATIONS.

    [(a) Reservation.--The Secretary may reserve not more than 
2 percent of the funds appropriated under section 5311(a) for 
any fiscal year to carry out evaluations, provide technical 
assistance, and carry out dissemination projects with respect 
to magnet school programs assisted under this part.
    [(b) Contents.--Each evaluation described in subsection 
(a), at a minimum, shall address--
            [(1) how and the extent to which magnet school 
        programs lead to educational quality and improvement;
            [(2) the extent to which magnet school programs 
        enhance student access to a high quality education;
            [(3) the extent to which magnet school programs 
        lead to the elimination, reduction, or prevention of 
        minority group isolation in elementary schools and 
        secondary schools with substantial proportions of 
        minority students; and
            [(4) the extent to which magnet school programs 
        differ from other school programs in terms of the 
        organizational characteristics and resource allocations 
        of such magnet school programs.
    [(c) Dissemination.--The Secretary shall collect and 
disseminate to the general public information on successful 
magnet school programs.]

           *       *       *       *       *       *       *

             [PART D--FUND FOR THE IMPROVEMENT OF EDUCATION

[SEC. 5401. [20 U.S.C. 7241] AUTHORIZATION OF APPROPRIATIONS.

     [There are authorized to be appropriated to carry out this 
part the following amounts:
            [(1) $550,000,000 for fiscal year 2002.
            [(2) $575,000,000 for fiscal year 2003.
            [(3) $600,000,000 for fiscal year 2004.
            [(4) $625,000,000 for fiscal year 2005.
            [(5) $650,000,000 for fiscal year 2006.
            [(6) $675,000,000 for fiscal year 2007.]

           [Subpart 1--Fund for the Improvement of Education]

[SEC. 5411. [20 U.S.C. 7243] PROGRAMS AUTHORIZED.

    [(a) Authorization.--The Secretary is authorized to support 
nationally significant programs to improve the quality of 
elementary and secondary education at the State and local 
levels and help all children meet challenging State academic 
content and student academic achievement standards. The 
Secretary may carry out such programs directly, or through 
grants to, or contracts with--
            [(1) States or local educational agencies;
            [(2) institutions of higher education; and
            [(3) other public and private agencies, 
        organizations, and institutions.
    [(b) Uses of Funds.--Funds made available under section 
5401 to carry out this subpart may be used for any of the 
following programs:
            [(1) Activities to promote systemic education 
        reform at the State and local levels, including 
        scientifically based research, development, and 
        evaluation designed to improve--
                    [(A) student academic achievement at the 
                State and local level; and
                    [(B) strategies for effective parent and 
                community involvement.
            [(2) Programs at the State and local levels that 
        are designed to yield significant results, including 
        programs to explore approaches to public school choice 
        and school-based decisionmaking.
            [(3) Recognition programs, which may include 
        financial awards to States, local educational agencies, 
        and schools that have made the greatest progress, based 
        on the Secretary's determination or on a nomination by 
        the State in which the school is located (or in the 
        case of a Bureau funded school, by the Secretary of the 
        Interior) in--
                    [(A) improving the academic achievement of 
                economically disadvantaged students and 
                students from major racial and ethnic minority 
                groups; and
                    [(B) closing the academic achievement gap 
                for those groups of students farthest away from 
                the proficient level on the academic 
                assessments administered by the State under 
                section 1111.
            [(4) Scientifically based studies and evaluations 
        of education reform strategies and innovations, and the 
        dissemination of information on the effectiveness of 
        such strategies and innovations.
            [(5) Identification and recognition of exemplary 
        schools and programs, such as Blue Ribbon Schools, 
        including programs to evaluate the effectiveness of 
        using the best practices of exemplary or Blue Ribbon 
        Schools to improve academic achievement.
            [(6) Activities to support Scholar-Athlete Games 
        programs, including the World Scholar-Athlete Games and 
        the U.S. Scholar-Athlete Games.
            [(7) Programs to promote voter participation in 
        American elections through programs, such as the 
        National Student/Parent Mock Election and Kids Voting 
        USA.
            [(8) Demonstrations relating to the planning and 
        evaluation of the effectiveness of programs under which 
        local educational agencies or schools contract with 
        private management organizations to reform a school or 
        schools.
            [(9) Other programs that meet the purposes of this 
        Act.
    [(c) Basis of Awards.--The Secretary is authorized to--
            [(1) make awards under this subpart on the basis of 
        competitions announced by the Secretary; and
            [(2) support meritorious unsolicited proposals for 
        awards under this subpart.
    [(d) Effectiveness of Programs.--The Secretary shall ensure 
that programs supported under this subpart are designed so that 
their effectiveness is readily ascertainable, and shall ensure 
that such effectiveness is assessed using rigorous, 
scientifically based research and evaluations.]

[SEC. 5412. [20 U.S.C. 7243A] APPLICATIONS.

    [(a) Submission.--To be eligible for an award under this 
subpart, an entity shall submit an application to the 
Secretary, at such time, in such manner, and containing such 
information as the Secretary may require.
    [(b) Contents.--Each application submitted under subsection 
(a) shall--
            [(1) establish clear objectives, which are based on 
        scientifically based research, for the proposed 
        program; and
            [(2) describe the activities the applicant will 
        carry out in order to meet the objectives described in 
        paragraph (1).
    [(c) Peer Review.--The Secretary shall use a peer review 
process in reviewing applications for awards under this subpart 
and in recognizing States, local educational agencies, and 
schools under section 5411(b)(3), only if funds are used for 
such recognition programs. The Secretary may use funds 
appropriated under this subpart for the cost of such peer 
review.]

[SEC. 5413. [20 U.S.C. 7243B] PROGRAM REQUIREMENTS.

    [(a) Evaluations.--A recipient of an award under this 
subpart shall--
            [(1) evaluate the effectiveness of the program 
        funded under the award in achieving the objectives 
        stated in applications submitted under section 5412; 
        and
            [(2) report to the Secretary such information as 
        may be required to determine the effectiveness of such 
        program, including evidence of progress toward meeting 
        such objectives.
    [(b) Dissemination of Evaluation Results.--The Secretary 
shall provide for the dissemination of the evaluations of 
programs funded under this subpart by making the evaluations 
publicly available upon request, and shall provide public 
notice that the evaluations are so available.
    [(c) Matching Funds.--The Secretary may require recipients 
of awards under this subpart to provide matching funds from 
non-Federal sources, and shall permit the recipients to match 
funds in whole or in part with in-kind contributions.
    [(d) Special Rule for Recognition Programs.--The 
application requirements of section 5412(b), and the evaluation 
requirements of subsections (a) and (b) of this section, do not 
apply to recognition programs under section 5411(b)(3).]

[SEC. 5414. [20 U.S.C. 7243C] STUDIES OF NATIONAL SIGNIFICANCE.

    [(a) Studies.--The Secretary shall conduct the following 
studies of national significance:
            [(1) Unhealthy public school buildings.--A study 
        regarding the health and learning impacts of 
        environmentally unhealthy public school buildings on 
        students and teachers. The study shall include the 
        following information:
                    [(A) The characteristics of those public 
                elementary school and secondary school 
                buildings that contribute to unhealthy school 
                environments.
                    [(B) The health and learning impacts of 
                environmental unhealthy public school buildings 
                on students that are attending or that have 
                attended such schools.
                    [(C) Recommendations to Congress on how to 
                assist schools that are out of compliance with 
                Federal or State health and safety codes, and a 
                cost estimate of bringing up environmentally 
                unhealthy public school buildings to minimum 
                Federal health and safety building standards.
            [(2) Exposure to violent entertainment.--A study 
        regarding how exposure to violent entertainment (such 
        as in movies, music, television, Internet content, 
        video games, and arcade games) affects children's 
        cognitive development and educational achievement.
            [(3) Sexual abuse in schools.--A study regarding 
        the prevalence of sexual abuse in schools, including 
        recommendations and legislative remedies for addressing 
        the problem of sexual abuse in schools.
    [(b) Completion Date.--The studies under subsection (a) 
shall be completed not later than 18 months after the date of 
enactment of the No Child Left Behind Act of 2001.
    [(c) Public Dissemination.--The Secretary shall make the 
study conducted under subsection (a)(1) available to the public 
through the Educational Resources Information Center National 
Clearinghouse for Educational Facilities of the Department.]

    [Subpart 2--Elementary and Secondary School Counseling Programs]

[SEC. 5421. [20 U.S.C. 7245] ELEMENTARY AND SECONDARY SCHOOL COUNSELING 
                    PROGRAMS.

    [(a) Grants Authorized.--
            [(1) In general.--The Secretary is authorized to 
        award grants to local educational agencies to enable 
        such agencies to establish or expand elementary school 
        and secondary school counseling programs that comply 
        with the requirements of subsection (c)(2).
            [(2) Special consideration.--In awarding grants 
        under this section, the Secretary shall give special 
        consideration to applications describing programs 
        that--
                    [(A) demonstrate the greatest need for new 
                or additional counseling services among 
                children in the schools served by the local 
                educational agency, in part by providing 
                information on current ratios of students to 
                school counselors, students to school social 
                workers, and students to school psychologists;
                    [(B) propose the most promising and 
                innovative approaches for initiating or 
                expanding school counseling; and
                    [(C) show the greatest potential for 
                replication and dissemination.
            [(3) Equitable distribution.--In awarding grants 
        under this section, the Secretary shall ensure an 
        equitable geographic distribution among the regions of 
        the United States and among local educational agencies 
        located in urban, rural, and suburban areas.
            [(4) Duration.--A grant under this section shall be 
        awarded for a period not to exceed 3 years.
            [(5) Maximum grant.--A grant awarded under this 
        section shall not exceed $400,000 for any fiscal year.
            [(6) Supplement, not supplant.--Funds made 
        available under this section shall be used to 
        supplement, and not supplant, other Federal, State, or 
        local funds used for providing school-based counseling 
        and mental health services to students.
    [(b) Applications.--
            [(1) In general.--Each local educational agency 
        desiring a grant under this section shall submit an 
        application to the Secretary at such time, in such 
        manner, and accompanied by such information as the 
        Secretary may reasonably require.
            [(2) Contents.--Each application for a grant under 
        this section shall--
                    [(A) describe the school population to be 
                targeted by the program, the particular 
                counseling needs of such population, and the 
                current school counseling resources available 
                for meeting such needs;
                    [(B) describe the activities, services, and 
                training to be provided by the program and the 
                specific approaches to be used to meet the 
                needs described in subparagraph (A);
                    [(C) describe the methods to be used to 
                evaluate the outcomes and effectiveness of the 
                program;
                    [(D) describe how the local educational 
                agency will involve community groups, social 
                service agencies, and other public and private 
                entities in collaborative efforts to enhance 
                the program and promote school-linked services 
                integration;
                    [(E) document that the local educational 
                agency has the personnel qualified to develop, 
                implement, and administer the program;
                    [(F) describe how diverse cultural 
                populations, if applicable, will be served 
                through the program;
                    [(G) assure that the funds made available 
                under this subpart for any fiscal year will be 
                used to supplement, and not supplant, any other 
                Federal, State, or local funds used for 
                providing school-based counseling and mental 
                health services to students; and
                    [(H) assure that the applicant will appoint 
                an advisory board composed of interested 
                parties, including parents, teachers, school 
                administrators, counseling services providers 
                described in subsection (c)(2)(D), and 
                community leaders, to advise the local 
                educational agency on the design and 
                implementation of the program.
    [(c) Use of Funds.--
            [(1) In general.--The Secretary is authorized to 
        award grants to local educational agencies to enable 
        the local educational agencies to initiate or expand 
        elementary school or secondary school counseling 
        programs that comply with the requirements of paragraph 
        (2).
            [(2) Requirements.--Each program funded under this 
        section shall--
                    [(A) be comprehensive in addressing the 
                counseling and educational needs of all 
                students;
                    [(B) use a developmental, preventive 
                approach to counseling;
                    [(C) increase the range, availability, 
                quantity, and quality of counseling services in 
                the elementary schools and secondary schools of 
                the local educational agency;
                    [(D) expand counseling services through 
                qualified school counselors, school social 
                workers, school psychologists, other qualified 
                psychologists, or child and adolescent 
                psychiatrists;
                    [(E) use innovative approaches to increase 
                children's understanding of peer and family 
                relationships, work and self, decisionmaking, 
                or academic and career planning, or to improve 
                peer interaction;
                    [(F) provide counseling services in 
                settings that meet the range of student needs;
                    [(G) include in-service training 
                appropriate to the activities funded under this 
                Act for teachers, instructional staff, and 
                appropriate school personnel, including in-
                service training in appropriate identification 
                and early intervention techniques by school 
                counselors, school social workers, school 
                psychologists, other qualified psychologists, 
                and child and adolescent psychiatrists;
                    [(H) involve parents of participating 
                students in the design, implementation, and 
                evaluation of the counseling program;
                    [(I) involve community groups, social 
                service agencies, or other public or private 
                entities in collaborative efforts to enhance 
                the program and promote school-linked 
                integration of services;
                    [(J) evaluate annually the effectiveness 
                and outcomes of the counseling services and 
                activities assisted under this section;
                    [(K) ensure a team approach to school 
                counseling in the schools served by the local 
                educational agency by working toward ratios 
                recommended by the American School Health 
                Association of one school counselor to 250 
                students, one school social worker to 800 
                students, and one school psychologist to 1,000 
                students; and
                    [(L) ensure that school counselors, school 
                psychologists, other qualified psychologists, 
                school social workers, or child and adolescent 
                psychiatrists paid from funds made available 
                under this section spend a majority of their 
                time counseling students or in other activities 
                directly related to the counseling process.
    [(d) Limitation on Administrative Costs.--Not more than 4 
percent of the amounts made available under this section for 
any fiscal year may be used for administrative costs to carry 
out this section.
    [(e) Definitions.--For the purpose of this section--
            [(1) the term ``child and adolescent psychiatrist'' 
        means an individual who--
                    [(A) possesses State medical licensure; and
                    [(B) has completed residency training 
                programs in both general psychiatry and child 
                and adolescent psychiatry;
            [(2) the term ``other qualified psychologist'' 
        means an individual who has demonstrated competence in 
        counseling children in a school setting and who--
                    [(A) is licensed in psychology by the State 
                in which the individual works; and
                    [(B) practices in the scope of the 
                individual's education, training, and 
                experience with children in school settings;
            [(3) the term ``school counselor'' means an 
        individual who has documented competence in counseling 
        children and adolescents in a school setting and who--
                    [(A) is licensed by the State or certified 
                by an independent professional regulatory 
                authority;
                    [(B) 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
                    [(C) 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;
            [(4) the term ``school psychologist'' means an 
        individual who--
                    [(A) has completed a minimum of 60 graduate 
                semester hours in school psychology from an 
                institution of higher education and has 
                completed 1,200 clock hours in a supervised 
                school psychology internship, of which 600 
                hours are in the school setting;
                    [(B) is licensed or certified in school 
                psychology by the State in which the individual 
                works; or
                    [(C) in the absence of such State licensure 
                or certification, possesses national 
                certification by the National School Psychology 
                Certification Board; and
            [(5) the term ``school social worker'' means an 
        individual who--
                    [(A) holds a master's degree in social work 
                from a program accredited by the Council on 
                Social Work Education; and
                    [(B)(i) is licensed or certified by the 
                State in which services are provided; or
                    [(ii) in the absence of such State 
                licensure or certification, possesses a 
                national credential or certification as a 
                school social work specialist granted by an 
                independent professional organization.
    [(f) Report.--Not later than 2 years after assistance is 
made available to local educational agencies under subsection 
(c), the Secretary shall make publicly available a report--
            [(1) evaluating the programs assisted pursuant to 
        each grant under this subpart; and
            [(2) outlining the information from local 
        educational agencies regarding the ratios of students 
        to--
                    [(A) school counselors;
                    [(B) school social workers; and
                    [(C) school psychologists.
    [(g) Special Rule.--
            [(1) Amount equals or exceeds $40,000,000.--If the 
        amount of funds made available by the Secretary for 
        this subpart equals or exceeds $40,000,000, the 
        Secretary shall award not less than $40,000,000 in 
        grants to local educational agencies to enable the 
        agencies to establish or expand counseling programs in 
        elementary schools.
            [(2) Amount less than $40,000,000.--If the amount 
        of funds made available by the Secretary for this 
        subpart is less than $40,000,000, the Secretary shall 
        award grants to local educational agencies only to 
        establish or expand counseling programs in elementary 
        schools.]

            [Subpart 3--Partnerships in Character Education]

[SEC. 5431. [20 U.S.C. 7247] PARTNERSHIPS IN CHARACTER EDUCATION 
                    PROGRAM.

    [(a) Program Authorized.--
            [(1) In general.--The Secretary is authorized to 
        award grants to eligible entities for the design and 
        implementation of character education programs that--
                    [(A) are able to be integrated into 
                classroom instruction and to be consistent with 
                State academic content standards; and
                    [(B) are able to be carried out in 
                conjunction with other educational reform 
                efforts.
            [(2) Eligible entity.--In this section, the term 
        ``eligible entity'' means--
                    [(A) a State educational agency in 
                partnership with--
                            [(i) one or more local educational 
                        agencies; or
                            [(ii) one or more--
                                    [(I) local educational 
                                agencies; and
                                    [(II) nonprofit 
                                organizations or entities, 
                                including an institution of 
                                higher education;
                    [(B) a local educational agency or 
                consortium of local educational agencies; or
                    [(C) a local educational agency in 
                partnership with one or more nonprofit 
                organizations or entities, including an 
                institution of higher education.
            [(3) Duration.--Each grant under this section shall 
        be awarded for a period not to exceed 5 years, of which 
        the eligible entity may not use more than 1 year for 
        planning and program design.
            [(4) Amount of grants for state educational 
        agencies.--Subject to the availability of 
        appropriations, the amount of a grant made by the 
        Secretary to a State educational agency under this 
        section shall not be less than $500,000 if the State 
        educational agency--
                    [(A) is in a partnership described in 
                paragraph (2)(A); and
                    [(B) meets such requirements as the 
                Secretary may establish under this section.
    [(b) Contracts Under Program.--
            [(1) Evaluation.--Each eligible entity awarded a 
        grant under this section may contract with outside 
        sources, including institutions of higher education and 
        private and nonprofit organizations, for the purposes 
        of--
                    [(A) evaluating the program for which the 
                assistance is made available;
                    [(B) measuring the integration of such 
                program into the curriculum and teaching 
                methods of schools where the program is carried 
                out; and
                    [(C) measuring the success of such program 
                in fostering the elements of character selected 
                by the recipient under subsection (c).
            [(2) Materials and program development.--Each 
        eligible entity awarded a grant under this section may 
        contract with outside sources, including institutions 
        of higher education and private and nonprofit 
        organizations, for assistance in--
                    [(A) developing secular curricula, 
                materials, teacher training, and other 
                activities related to character education; and
                    [(B) integrating secular character 
                education into the curricula and teaching 
                methods of schools where the program is carried 
                out.
    [(c) Elements of Character.--
            [(1) Selection.--
                    [(A) In general.--Each eligible entity 
                awarded a grant under this section may select 
                the elements of character that will be taught 
                under the program for which the grant was 
                awarded.
                    [(B) Consideration of views.--In selecting 
                elements of character under subparagraph (A), 
                the eligible entity shall consider the views of 
                the parents of the students to be taught under 
                the program and the views of the students.
            [(2) Example elements.--Elements of character 
        selected under this subsection may include any of the 
        following:
                    [(A) Caring.
                    [(B) Civic virtue and citizenship.
                    [(C) Justice and fairness.
                    [(D) Respect.
                    [(E) Responsibility.
                    [(F) Trustworthiness.
                    [(G) Giving.
                    [(H) Any other elements deemed appropriate 
                by the eligible entity.
    [(d) Use of Funds by State Educational Agency Recipients.--
Of the total funds received in any fiscal year under this 
section by an eligible entity that is a State educational 
agency--
            [(1) not more than 3 percent of such funds may be 
        used for administrative purposes; and
            [(2) the remainder of such funds may be used for--
                    [(A) collaborative initiatives with and 
                between local educational agencies and schools;
                    [(B) the preparation or purchase of 
                materials, and teacher training;
                    [(C) providing assistance to local 
                educational agencies, schools, or institutions 
                of higher education; and
                    [(D) technical assistance and evaluation.
    [(e) Application.--
            [(1) In general.--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 require.
            [(2) Required information.--Each application for a 
        grant under this section shall include (together with 
        any other information that the Secretary may require) 
        information that--
                    [(A) demonstrates that the program for 
                which the grant is sought has clear objectives 
                that are based on scientifically based 
                research;
                    [(B) describes any partnerships or 
                collaborative efforts among the organizations 
                and entities of the eligible entity;
                    [(C) describes the activities that will be 
                carried out with the grant funds and how such 
                activities will meet the objectives described 
                in subparagraph (A), including--
                            [(i) how parents, students, 
                        students with disabilities (including 
                        those with mental or physical 
                        disabilities), and other members of the 
                        community, including members of private 
                        and nonprofit organizations, will be 
                        involved in the design and 
                        implementation of the program and how 
                        the eligible entity will work with the 
                        larger community to increase the reach 
                        and promise of the program;
                            [(ii) curriculum and instructional 
                        practices that will be used or 
                        developed; and
                            [(iii) methods of teacher training 
                        and parent education that will be used 
                        or developed;
                    [(D) describes how the program for which 
                the grant is sought will be linked to other 
                efforts to improve academic achievement, 
                including--
                            [(i) broader educational reforms 
                        that are being instituted by the 
                        eligible entity or its partners; and
                            [(ii) State academic content 
                        standards;
                    [(E) in the case of an eligible entity that 
                is a State educational agency, describes how 
                the State educational agency--
                            [(i) will provide technical and 
                        professional assistance to its local 
                        educational agency partners in the 
                        development and implementation of 
                        character education programs; and
                            [(ii) will assist other interested 
                        local educational agencies that are not 
                        members of the original partnership in 
                        designing and establishing character 
                        education programs;
                    [(F) describes how the eligible entity will 
                evaluate the success of its program--
                            [(i) based on the objectives 
                        described in subparagraph (A); and
                            [(ii) in cooperation with any 
                        national evaluation conducted pursuant 
                        to subsection (h)(2)(B)(iii); and
                    [(G) assures that the eligible entity 
                annually will provide to the Secretary such 
                information as may be required to determine the 
                effectiveness of the program.
    [(f) Selection of Recipients.--
            [(1) Peer review.--
                    [(A) In general.--In selecting eligible 
                entities to receive grants under this section 
                from among the applicants for such grants, the 
                Secretary shall use a peer review process that 
                includes the participation of experts in the 
                field of character education and development.
                    [(B) Use of funds.--The Secretary may use 
                funds appropriated under this section for the 
                cost of carrying out peer reviews under this 
                paragraph.
            [(2) Selection criteria.--Each selection under 
        paragraph (1) shall be made on the basis of the quality 
        of the application submitted, taking into consideration 
        such factors as--
                    [(A) the extent to which the program 
                fosters character in students and the potential 
                for improved student academic achievement;
                    [(B) the extent and ongoing nature of 
                parental, student, and community involvement;
                    [(C) the quality of the plan for measuring 
                and assessing success; and
                    [(D) the likelihood that the objectives of 
                the program will be achieved.
            [(3) Equitable distribution.--In making selections 
        under this subsection, the Secretary shall ensure, to 
        the extent practicable under paragraph (2), that the 
        programs assisted under this section are equitably 
        distributed among the geographic regions of the United 
        States, and among urban, suburban, and rural areas.
    [(g) Participation by Private School Children and 
Teachers.--Each eligible entity that receives a grant under 
this section shall provide, to the extent feasible and 
appropriate, for the participation in programs and activities 
under this section of students and teachers in private 
elementary schools and secondary schools.
    [(h) Evaluation and Program Development.--
            [(1) State and local reporting and evaluation.--
        Each eligible entity receiving a grant under this 
        section shall submit to the Secretary a comprehensive 
        evaluation of the program assisted under this section, 
        including its impact on students, students with 
        disabilities (including those with mental or physical 
        disabilities), teachers, administrators, parents, and 
        others--
                    [(A) by the end of the second year of the 
                program; and
                    [(B) not later than 1 year after completion 
                of the grant period.
            [(2) National research, dissemination, and 
        evaluation.--
                    [(A) In general.--
                            [(i) Authorization.--The Secretary 
                        is authorized to award grants to, or 
                        enter into contracts or cooperative 
                        agreements with, State educational 
                        agencies or local educational agencies, 
                        institutions of higher education, 
                        tribal organizations, or other public 
                        or private agencies or organizations to 
                        carry out research, development, 
                        dissemination, technical assistance, 
                        and evaluation activities that support 
                        or inform State and local character 
                        education programs.
                            [(ii) Reservation of funds.--The 
                        Secretary shall reserve not more than 5 
                        percent of the funds made available 
                        under this section to carry out this 
                        paragraph.
                    [(B) Uses.--Funds made available under 
                subparagraph (A) may be used for the following:
                            [(i) Conducting research and 
                        development activities that focus on 
                        matters such as--
                                    [(I) the extent to which 
                                schools are undertaking 
                                character education 
                                initiatives;
                                    [(II) the effectiveness of 
                                instructional models for all 
                                students, including students 
                                with disabilities (including 
                                those with mental or physical 
                                disabilities);
                                    [(III) materials and 
                                curricula for use by programs 
                                in character education;
                                    [(IV) models of 
                                professional development in 
                                character education;
                                    [(V) the development of 
                                measures of effectiveness for 
                                character education programs 
                                (which may include the factors 
                                described in paragraph (3)); 
                                and
                                    [(VI) the effectiveness of 
                                State and local programs 
                                receiving funds under this 
                                section.
                            [(ii) Providing technical 
                        assistance to State and local programs, 
                        particularly on matters of program 
                        evaluation.
                            [(iii) Conducting evaluations of 
                        State and local programs receiving 
                        funding under this section, that may be 
                        conducted through a national 
                        clearinghouse under clause (iv).
                            [(iv) Compiling and disseminating, 
                        through a national clearinghouse or 
                        other means--
                                    [(I) information on model 
                                character education programs;
                                    [(II) information about 
                                high quality character 
                                education materials and 
                                curricula;
                                    [(III) research findings in 
                                the area of character education 
                                and character development; and
                                    [(IV) any other information 
                                that will be useful to 
                                character education program 
                                participants nationwide, 
                                including educators, parents, 
                                and administrators.
                    [(C) Partnerships.--In carrying out 
                national activities under this paragraph, the 
                Secretary may enter into partnerships with 
                national nonprofit character education 
                organizations and institutions of higher 
                education with expertise and successful 
                experience in implementing--
                            [(i) character education programs 
                        that had an effective impact on 
                        schools, students, students with 
                        disabilities (including those with 
                        mental or physical disabilities), and 
                        teachers; or
                            [(ii) character education program 
                        evaluation and research.
                    [(D) Partnership for activities under 
                subparagraph (B)(iv).--In carrying out national 
                activities under subparagraph (B)(iv), the 
                Secretary may enter into a partnership with a 
                national nonprofit character education 
                organization that will disseminate information 
                to educators, parents, administrators, and 
                others nationwide, including information about 
                the range of model character education 
                programs, materials, and curricula.
                    [(E) Report.--Each entity awarded a grant 
                or entering into a contract or cooperative 
                agreement under this paragraph shall submit an 
                annual report to the Secretary that--
                            [(i) describes the entity's 
                        progress in carrying out research, 
                        development, dissemination, evaluation, 
                        and technical assistance under this 
                        paragraph;
                            [(ii) identifies unmet and future 
                        information needs in the field of 
                        character education; and
                            [(iii) if applicable, describes the 
                        progress of the entity in carrying out 
                        the requirements of subparagraph 
                        (B)(iv), including a listing of--
                                    [(I) the number of requests 
                                for information received by the 
                                entity in the course of 
                                carrying out such requirements;
                                    [(II) the types of 
                                organizations making such 
                                requests; and
                                    [(III) the types of 
                                information requested.
            [(3) Factors.--Factors that may be considered in 
        evaluating the success of programs funded under this 
        section include the following:
                    [(A) Discipline issues.
                    [(B) Student academic achievement.
                    [(C) Participation in extracurricular 
                activities.
                    [(D) Parental and community involvement.
                    [(E) Faculty and administration 
                involvement.
                    [(F) Student and staff morale.
                    [(G) Overall improvements in school climate 
                for all students, including students with 
                disabilities (including those with mental or 
                physical disabilities).
    [(i) Permissive Match.--
            [(1) In general.--The Secretary may require 
        eligible entities to match funds awarded under this 
        section with non-Federal funds, except that the amount 
        of the match may not exceed the amount of the grant 
        award.
            [(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 poverty of the population to be 
                targeted by the eligible entity; and
                    [(B) the ability of the eligible entity to 
                obtain funding for the match.
            [(3) In-kind contributions.--The Secretary shall 
        permit eligible entities to match funds in whole or in 
        part with in-kind contributions.
            [(4) Consideration.--Notwithstanding this 
        subsection, the Secretary in making awards under this 
        section shall not consider the ability of an eligible 
        entity to match funds.]

               [Subpart 4--Smaller Learning Communities]

[SEC. 5441. [20 U.S.C. 7249] SMALLER LEARNING COMMUNITIES.

    [(a) Grant Authority.--The Secretary is authorized to award 
grants to local educational agencies to enable the agencies to 
create a smaller learning community or communities.
    [(b) Application.--Each local educational agency desiring a 
grant under this subpart shall submit an application to the 
Secretary at such time, in such manner, and accompanied by such 
information as the Secretary may require. The application shall 
include descriptions of the following:
            [(1) Strategies and methods the local educational 
        agency will use to create the smaller learning 
        community or communities.
            [(2) Curriculum and instructional practices, 
        including any particular themes or emphases, to be used 
        in the smaller learning environment.
            [(3) The extent of involvement of teachers and 
        other school personnel in investigating, designing, 
        implementing, and sustaining the smaller learning 
        community or communities.
            [(4) The process to be used for involving students, 
        parents, and other stakeholders in the development and 
        implementation of the smaller learning community or 
        communities.
            [(5) Any cooperation or collaboration among 
        community agencies, organizations, businesses, and 
        others to develop or implement a plan to create the 
        smaller learning community or communities.
            [(6) The training and professional development 
        activities that will be offered to teachers and others 
        involved in the activities assisted under this subpart.
            [(7) The objectives of the activities assisted 
        under this subpart, including a description of how such 
        activities will better enable all students to reach 
        challenging State academic content standards and State 
        student academic achievement standards.
            [(8) The methods by which the local educational 
        agency will assess progress in meeting the objectives 
        described in paragraph (7).
            [(9) If the smaller learning community or 
        communities exist as a school-within-a-school, the 
        relationship, including governance and administration, 
        of the smaller learning community to the remainder of 
        the school.
            [(10) The administrative and managerial 
        relationship between the local educational agency and 
        the smaller learning community or communities, 
        including how such agency will demonstrate a commitment 
        to the continuity of the smaller learning community or 
        communities (including the continuity of student and 
        teacher assignment to a particular learning community).
            [(11) How the local educational agency will 
        coordinate or use funds provided under this subpart 
        with other funds provided under this Act or other 
        Federal laws.
            [(12) The grade levels or ages of students who will 
        participate in the smaller learning community or 
        communities.
            [(13) The method of placing students in the smaller 
        learning community or communities, such that students 
        are not placed according to ability or any other 
        measure, but are placed at random or by their own 
        choice, and not pursuant to testing or other judgments.
    [(c) Authorized Activities.--Funds under this section may 
be used for one or more of the following:
            [(1) To study--
                    [(A) the feasibility of creating the 
                smaller learning community or communities; and
                    [(B) effective and innovative 
                organizational and instructional strategies 
                that will be used in the smaller learning 
                community or communities.
            [(2) To research, develop, and implement--
                    [(A) strategies for creating the smaller 
                learning community or communities; and
                    [(B) strategies for effective and 
                innovative changes in curriculum and 
                instruction, geared to challenging State 
                academic content standards and State student 
                academic achievement standards.
            [(3) To provide professional development for school 
        staff in innovative teaching methods that--
                    [(A) challenge and engage students; and
                    [(B) will be used in the smaller learning 
                community or communities.
            [(4) To develop and implement strategies to include 
        parents, business representatives, local institutions 
        of higher education, community-based organizations, and 
        other community members in the smaller learning 
        communities as facilitators of activities that enable 
        teachers to participate in professional development 
        activities and provide links between students and their 
        community.]

   [Subpart 5--Reading Is Fundamental--Inexpensive Book Distribution 
                                Program]

[SEC. 5451. [20 U.S.C. 7251] INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR 
                    READING MOTIVATION.

    [(a) Purpose.--The purpose of this subpart is to establish 
and implement a model partnership between a governmental entity 
and a private entity, to help prepare young children for 
reading and to motivate older children to read, through the 
distribution of inexpensive books. Local reading motivation 
programs assisted under this section shall use such assistance 
to provide books, training for volunteers, motivational 
activities, and other essential literacy resources and shall 
assign the highest priority to serving the youngest and 
neediest children in the United States.
    [(b) Authorization.--The Secretary is authorized to enter 
into a contract with Reading Is Fundamental (RIF) (hereafter in 
this section referred to as the ``contractor'') to support and 
promote programs, which include the distribution of inexpensive 
books to young and school-age children, that motivate children 
to read.
    [(c) Requirements of Contract.--Any contract entered into 
under subsection (b) shall contain each of the following:
            [(1) A provision that the contractor will enter 
        into subcontracts with local private nonprofit groups 
        or organizations, or with public agencies, under which 
        each subcontractor will agree to establish, operate, 
        and provide the non-Federal share of the cost of 
        reading motivation programs that include the 
        distribution of books, by gift (to the extent feasible) 
        or by loan, to children from birth through secondary 
        school age, including children in family literacy 
        programs.
            [(2) A provision that funds made available to 
        subcontractors will be used only to pay the Federal 
        share of the cost of such programs.
            [(3) A provision that, in selecting subcontractors 
        for initial funding, the contractor will give priority 
        to programs that will serve a substantial number or 
        percentage of children with special needs, such as the 
        following:
                    [(A) Low-income children, particularly in 
                high-poverty areas.
                    [(B) Children at risk of school failure.
                    [(C) Children with disabilities.
                    [(D) Foster children.
                    [(E) Homeless children.
                    [(F) Migrant children.
                    [ildren without access to libraries.
                    [(H) Institutionalized or incarcerated 
                children.
                    [(I) Children whose parents are 
                institutionalized or incarcerated.
            [(4) A provision that the contractor will provide 
        such training and technical assistance to 
        subcontractors as may be necessary to carry out the 
        purpose of this subpart.
            [(5) A provision that the contractor will annually 
        report to the Secretary the number, and a description, 
        of programs funded under paragraph (3).
            [(6) Such other terms and conditions as the 
        Secretary determines to be appropriate to ensure the 
        effectiveness of such programs.
    [(d) Restriction on Payments.--The Secretary shall make no 
payment of the Federal share of the cost of acquiring and 
distributing books under any contract under this section unless 
the Secretary determines that the contractor or subcontractor, 
as the case may be, has made arrangements with book publishers 
or distributors to obtain books at discounts at least as 
favorable as discounts that are customarily given by such 
publisher or distributor for book purchases made under similar 
circumstances in the absence of Federal assistance.
    [(e) Special Rules for Certain Subcontractors.--
            [(1) Funds from other federal sources.--
        Subcontractors operating programs under this section in 
        low-income communities with a substantial number or 
        percentage of children with special needs, as described 
        in subsection (c)(3), may use funds from other Federal 
        sources to pay the non-Federal share of the cost of the 
        program, if those funds do not comprise more than 50 
        percent of the non-Federal share of the funds used for 
        the cost of acquiring and distributing books.
            [(2) Waiver authority.--Notwithstanding subsection 
        (c), the contractor may waive, in whole or in part, the 
        requirement in subsection (c)(1) for a subcontractor, 
        if the subcontractor demonstrates that it would 
        otherwise not be able to participate in the program, 
        and enters into an agreement with the contractor with 
        respect to the amount of the non-Federal share to which 
        the waiver will apply. In a case in which such a waiver 
        is granted, the requirement in subsection (c)(2) shall 
        not apply.
    [(f) Multi-Year Contracts.--The contractor may enter into a 
multi-year subcontract under this section, if--
            [(1) the contractor believes that such subcontract 
        will provide the subcontractor with additional leverage 
        in seeking local commitments; and
            [(2) the subcontract does not undermine the 
        finances of the national program.
    [(g) Federal Share Defined.--In this section, the term 
``Federal share'' means, with respect to the cost to a 
subcontractor of purchasing books to be paid for under this 
section, 75 percent of such costs to the subcontractor, except 
that the Federal share for programs serving children of migrant 
or seasonal farmworkers shall be 100 percent of such costs to 
the subcontractor.]

               [Subpart 6--Gifted and Talented Students]

[SEC. 5461. [20 U.S.C. 7253] SHORT TITLE.

    [This subpart may be cited as the ``Jacob K. Javits Gifted 
and Talented Students Education Act of 2001''.]

[SEC. 5462. [20 U.S.C. 7253A] PURPOSE.

    [The purpose of this subpart is to initiate a coordinated 
program of scientifically based research, demonstration 
projects, innovative strategies, and similar activities 
designed to build and enhance the ability of elementary schools 
and secondary schools nationwide to meet the special 
educational needs of gifted and talented students.]

[SEC. 5463. [20 U.S.C. 7253B] RULE OF CONSTRUCTION.

    [Nothing in this subpart shall be construed to prohibit a 
recipient of funds under this subpart from serving gifted and 
talented students simultaneously with students with similar 
educational needs, in the same educational settings, where 
appropriate.]

[SEC. 5464. [20 U.S.C. 7253C] AUTHORIZED PROGRAMS.

    [(a) Establishment of Program.--
            [(1) In general.--The Secretary (after consultation 
        with experts in the field of the education of gifted 
        and talented students) is authorized to make grants to, 
        or enter into contracts with, State educational 
        agencies, local educational agencies, institutions of 
        higher education, other public agencies, and other 
        private agencies and organizations (including Indian 
        tribes and Indian organizations (as such terms are 
        defined in section 4 of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450b)) and 
        Native Hawaiian organizations) to assist such agencies, 
        institutions, and organizations in carrying out 
        programs or projects authorized by this subpart that 
        are designed to meet the educational needs of gifted 
        and talented students, including the training of 
        personnel in the 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 subpart 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 describe how--
                    [(A) the proposed 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.
    [(b) Use of Funds.--Programs and projects assisted under 
this section may include each of the following:
            [(1) Conducting--
                    [(A) scientifically based research on 
                methods and techniques for identifying and 
                teaching gifted and talented students and for 
                using gifted and talented programs and methods 
                to serve all students; and
                    [(B) program evaluations, surveys, and the 
                collection, analysis, and development of 
                information needed to accomplish the purpose of 
                this subpart.
            [(2) Carrying out professional development 
        (including fellowships) for personnel (including 
        leadership personnel) involved in the education of 
        gifted and talented students.
            [(3) Establishing and operating model projects and 
        exemplary programs for serving gifted and talented 
        students, including innovative methods for identifying 
        and educating students who may not be served by 
        traditional gifted and talented programs (such as 
        summer programs, mentoring programs, service learning 
        programs, and cooperative programs involving business, 
        industry, and education).
            [(4) Implementing innovative strategies, such as 
        cooperative learning, peer tutoring, and service 
        learning.
            [(5) Carrying out programs of technical assistance 
        and information dissemination, including assistance and 
        information with respect to how gifted and talented 
        programs and methods, where appropriate, may be adapted 
        for use by all students.
            [(6) Making materials and services available 
        through State regional educational service centers, 
        institutions of higher education, or other entities.
            [(7) Providing funds for challenging, high-level 
        course work, disseminated through technologies 
        (including distance learning), for individual students 
        or groups of students in schools and local educational 
        agencies that would not otherwise have the resources to 
        provide such course work.
    [(c) Special Rule.--To the extent that funds appropriated 
to carry out this subpart for a fiscal year beginning with 
fiscal year 2002 exceed such funds appropriated for fiscal year 
2001, the Secretary shall use such excess funds to award 
grants, on a competitive basis, to State educational agencies, 
local educational agencies, or both, to implement activities 
described in subsection (b).
    [(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 (b).
            [(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.
            [(3) Funding.--The Secretary may use not more than 
        30 percent of the funds made available under this 
        subpart for fiscal year 2001 to carry out this 
        subsection.
    [(e) Coordination.--Scientifically based research 
activities supported under this subpart--
            [(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 such 
        Institute; and
            [(2) may include collaborative scientifically based 
        research activities which are jointly funded and 
        carried out with such Institute.]

[SEC. 5465. [20 U.S.C. 7253D] PROGRAM PRIORITIES.

    [(a) General Priority.--In carrying out this subpart, the 
Secretary shall give highest priority to programs and projects 
designed to develop new information that--
            [(1) improves the capability of schools to plan, 
        conduct, and improve programs to identify and serve 
        gifted and talented students; and
            [(2) assists schools in the identification of, and 
        provision of services to, gifted and talented students 
        (including economically disadvantaged individuals, 
        individuals with limited English proficiency, and 
        individuals with disabilities) who may not be 
        identified and served through traditional assessment 
        methods.
    [(b) Service Priority.--The Secretary shall ensure that not 
less than 50 percent of the applications approved under section 
5464(a)(2) in a fiscal year address the priority described in 
subsection (a)(2).]

[SEC. 5466. [20 U.S.C. 7253E] GENERAL PROVISIONS.

    [(a) Participation of Private School Children and 
Teachers.--In making grants and entering into contracts under 
this subpart, 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.
    [(b) Review, Dissemination, and Evaluation.--The Secretary 
shall--
            [(1) use a peer review process in reviewing 
        applications under this subpart;
            [(2) ensure that information on the activities and 
        results of programs and projects funded under this 
        subpart 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 subpart in accordance with section 9601, 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 No Child Left Behind Act of 2001.
    [(c) Program Operations.--The Secretary shall ensure that 
the programs under this subpart 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 subpart;
            [(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 Assistant Secretary for Educational 
        Research and Improvement in identifying research 
        priorities that reflect the needs of gifted and 
        talented students; and
            [(4) shall disseminate, and consult on, the 
        information developed under this subpart with other 
        offices within the Department.]

                   [Subpart 7--Star Schools Program]

[SEC. 5471. [20 U.S.C. 7255] SHORT TITLE.

    [This subpart may be cited as the ``Star Schools Act''.]

[SEC. 5472. [20 U.S.C. 7255A] PURPOSES.

     [The purposes of this subpart are the following:
            [(1) To encourage improved instruction in 
        mathematics, science, and foreign languages as well as 
        other subjects (such as literacy skills and vocational 
        education).
            [(2) To serve underserved populations, including 
        disadvantaged, illiterate, limited English proficient 
        populations, and individuals with disabilities through 
        a Star Schools program under which grants are made to 
        eligible telecommunication partnerships to enable such 
        partnerships--
                    [(A) to develop, construct, acquire, 
                maintain, and operate telecommunications audio 
                and visual facilities and equipment;
                    [(B) to develop and acquire educational and 
                instructional programming; and
                    [(C) to obtain technical assistance for the 
                use of such facilities and instructional 
                programming.]

[SEC. 5473. [20 U.S.C. 7255B] GRANT PROGRAM AUTHORIZED.

    [(a) Authorization.--The Secretary, in conjunction with the 
Office of Educational Technology, is authorized to make grants, 
in accordance with the provisions of this subpart, to eligible 
entities to pay the Federal share of the cost of the following:
            [(1) Development, construction, acquisition, 
        maintenance, and operation of telecommunications 
        facilities and equipment.
            [(2) Development and acquisition of live, 
        interactive instructional programming.
            [(3) Development and acquisition of preservice and 
        inservice teacher training programs based on 
        established research regarding teacher-to-teacher 
        mentoring, and ongoing, in-class instruction.
            [(4) Establishment of teleconferencing facilities 
        and resources for making interactive training available 
        to teachers.
            [(5) Obtaining technical assistance.
            [(6) Coordination of the design and connectivity of 
        telecommunications networks to reach the greatest 
        number of schools.
    [(b) Duration and Amount.--
            [(1) In general.--A grant under this section may 
        not exceed--
                    [(A) 5 years in duration (subject to 
                subsection (c)); and
                    [(B) $10,000,000 in any single fiscal year.
    [(c) Renewal.--
            [(1) In general.--Grants awarded under subsection 
        (a) may be renewed for a single additional period of 3 
        years.
            [(2) Continuing Eligibility.--In order to be 
        eligible to receive a grant renewal under this 
        subsection, a grant recipient shall demonstrate, to the 
        satisfaction of the Secretary, in an addendum to its 
        application submitted under section 5474, that the 
        grant recipient will--
                    [(A) continue to provide services in the 
                subject areas and geographic areas assisted 
                with funds received under this subpart for the 
                previous grant period; and
                    [(B) use all grant funds received under 
                this subpart for the 3 year renewal period to 
                provide expanded services by--
                            [(i) increasing the number of 
                        students, schools, or school districts 
                        served by the courses of instruction 
                        assisted under this part in the 
                        previous fiscal year;
                            [(ii) providing new courses of 
                        instruction; and
                            [(iii) serving new populations of 
                        underserved individuals, such as 
                        children or adults who are 
                        disadvantaged, have limited English 
                        proficiency, are individuals with 
                        disabilities, are illiterate, or lack 
                        secondary school diplomas or their 
                        recognized equivalent.
            [(3) Supplement, not supplant.--Grant funds 
        received under this subsection shall be used to 
        supplement, and not supplant, services provided by the 
        grant recipient under this subpart in the previous 
        fiscal year.
    [(d) Reservations.--
            [(1) Instructional programming.--At least 25 
        percent of the funds made available to the Secretary 
        for any fiscal year under this subpart shall be used 
        for the cost of instructional programming.
            [(2) Local educational agency assistance.--At least 
        50 percent of the funds available in any fiscal year 
        under this subpart shall be used for the cost of 
        facilities, equipment, teacher training or retraining, 
        technical assistance, or programming, for local 
        educational agencies that are eligible to receive 
        assistance under part A of title I.
    [(e) Federal Share.--
            [(1) Amount.--The Federal share of the cost of 
        projects funded under this section shall not exceed the 
        following amounts:
                    [(A) 75 percent for the first and second 
                years for which an eligible telecommunications 
                partnership receives a grant under this 
                subpart.
                    [(B) 60 percent for the third and fourth 
                such years.
                    [(C) 50 percent for the fifth such year.
            [(2) Reduction or waiver.--The Secretary may reduce 
        or waive the corresponding non-Federal share under 
        paragraph (1) upon a showing of financial hardship.
    [(f) Required local educational agency participation.--The 
Secretary is authorized to make a grant under this section to 
any eligible entity, if at least one local educational agency 
is participating in the proposed program.
    [(g) Assistance Obtaining Satellite Time.--The Secretary 
may assist recipients of grants made under this section in 
acquiring satellite time, where appropriate, as economically as 
possible.]

[SEC. 5474. [20 U.S.C. 7255C] APPLICATIONS.

    [(a) Submission.--Each eligible entity that desires to 
receive a grant under section 5473 shall submit an application 
to the Secretary, at such time, in such manner, and containing 
or accompanied by such information as the Secretary may 
reasonably require.
    [(b) Contents.--An application submitted under subsection 
(a) shall include each of the following:
            [(1) A description of how the proposed program will 
        assist all students to have an opportunity to meet 
        challenging State academic achievement standards, how 
        such program will assist State and local educational 
        reform efforts, and how such program will contribute to 
        creating a high-quality system of educational 
        development.
            [(2) A description of the telecommunications 
        facilities and equipment and technical assistance for 
        which assistance is sought, which may include--
                    [(A) the design, development, construction, 
                acquisition, maintenance, and operation of 
                State or multistate educational 
                telecommunications networks and technology 
                resource centers;
                    [(B) microwave, fiber optics, cable, and 
                satellite transmission equipment or any 
                combination thereof;
                    [(C) reception facilities;
                    [(D) satellite time;
                    [(E) production facilities;
                    [(F) other telecommunications equipment 
                capable of serving a wide geographic area;
                    [(G) the provision of training services to 
                instructors who will be using the facilities 
                and equipment for which assistance is sought, 
                including training in using such facilities and 
                equipment and training in integrating programs 
                into the classroom curriculum; and
                    [(H) the development of educational and 
                related programming for use on a 
                telecommunications network.
            [(3) In the case of an application for assistance 
        for instructional programming, a description of the 
        types of programming that will be developed to enhance 
        instruction and training and provide an assurance that 
        such programming will be designed in consultation with 
        professionals (including classroom teachers) who are 
        experts in the applicable subject matter and grade 
        level.
            [(4) A description of how the eligible entity has 
        engaged in sufficient survey and analysis of the area 
        to be served to ensure that the services offered by the 
        eligible entity will increase the availability of 
        courses of instruction in English, mathematics, 
        science, foreign languages, arts, history, geography, 
        or other disciplines.
            [(5) A description of the professional development 
        policies for teachers and other school personnel to be 
        implemented to ensure the effective use of the 
        telecommunications facilities and equipment for which 
        assistance is sought.
            [(6) A description of the manner in which 
        historically underserved students (such as students 
        from low-income families, limited English proficient 
        students, students with disabilities, or students who 
        have low literacy skills) and their families, will 
        participate in the benefits of the telecommunications 
        facilities, equipment, technical assistance, and 
        programming assisted under this subpart.
            [(7) A description of how existing 
        telecommunications equipment, facilities, and services, 
        where available, will be used.
            [(8) An assurance that the financial interest of 
        the United States in the telecommunications facilities 
        and equipment will be protected for the useful life of 
        such facilities and equipment.
            [(9) An assurance that a significant portion of any 
        facilities and equipment, technical assistance, and 
        programming for which assistance is sought for 
        elementary schools and secondary schools will be made 
        available to schools or local educational agencies that 
        have a high number or percentage of children eligible 
        to be counted under part A of title I.
            [(10) An assurance that the applicant will use the 
        funds provided under this subpart to supplement, and 
        not supplant, funds available for the purposes of this 
        subpart.
            [(11) A description of how funds received under 
        this subpart will be coordinated with funds received 
        for educational technology in the classroom.
            [(12) A description of the activities or services 
        for which assistance is sought, such as--
                    [(A) providing facilities, equipment, 
                training services, and technical assistance;
                    [(B) making programs accessible to students 
                with disabilities through mechanisms such as 
                closed captioning and descriptive video 
                services;
                    [(C) linking networks around issues of 
                national importance (such as elections) or to 
                provide information about employment 
                opportunities, job training, or student and 
                other social service programs;
                    [(D) sharing curriculum resources between 
                networks and development of program guides 
                which demonstrate cooperative, cross-network 
                listing of programs for specific curriculum 
                areas;
                    [(E) providing teacher and student support 
                services, including classroom and training 
                support materials which permit student and 
                teacher involvement in the live interactive 
                distance learning telecasts;
                    [(F) incorporating community resources, 
                such as libraries and museums, into 
                instructional programs;
                    [(G) providing professional development for 
                teachers, including, as appropriate, training 
                to early childhood development and Head Start 
                teachers and staff and vocational education 
                teachers and staff, and adult and family 
                educators;
                    [(H) providing programs for adults to 
                maximize the use of telecommunications 
                facilities and equipment;
                    [(I) providing teacher training on proposed 
                or established models of exemplary academic 
                content standards in mathematics and science 
                and other disciplines as such standards are 
                developed; and
                    [(J) providing parent education programs 
                during and after the regular school day which 
                reinforce a student's course of study and 
                actively involve parents in the learning 
                process.
            [(13) A description of how the proposed program as 
        a whole will be financed and how arrangements for 
        future financing will be developed before the program 
        expires.
            [(14) An assurance that a significant portion of 
        any facilities, equipment, technical assistance, and 
        programming for which assistance is sought for 
        elementary schools and secondary schools will be made 
        available to schools in local educational agencies that 
        have a high percentage of children counted for the 
        purpose of part A of title I.
            [(15) An assurance that the applicant will provide 
        such information and cooperate in any evaluation that 
        the Secretary may conduct under this subpart.
            [(16) Such additional assurances as the Secretary 
        may reasonably require.
    [(c) Approval.--In approving applications submitted under 
subsection (a) for grants under section 5473, the Secretary 
shall--
            [(1) to the extent feasible, ensure an equitable 
        geographic distribution of services provided under this 
        subpart.
            [(2) give priority to applications describing 
        programs that--
                    [(A) propose high-quality plans, will 
                provide instruction consistent with State 
                academic content standards, or will otherwise 
                provide significant and specific assistance to 
                States and local educational agencies 
                undertaking systemic education reform;
                    [(B) will provide services to programs 
                serving adults, especially parents, with low 
                levels of literacy;
                    [(C) will serve schools with significant 
                numbers of children counted for the purposes of 
                part A of title I;
                    [(D) ensure that the eligible entity will--
                            [(i) serve the broadest range of 
                        institutions, programs providing 
                        instruction outside of the school 
                        setting, programs serving adults, 
                        especially parents, with low levels of 
                        literacy, institutions of higher 
                        education, teacher training centers, 
                        research institutes, and private 
                        industry;
                            [(ii) have substantial academic and 
                        teaching capabilities, including the 
                        capability of training, retraining, and 
                        inservice upgrading of teaching skills 
                        and the capability to provide 
                        professional development;
                            [(iii) provide a comprehensive 
                        range of courses for educators to teach 
                        instructional strategies for students 
                        with different skill levels;
                            [(iv) provide training to 
                        participating educators in ways to 
                        integrate telecommunications courses 
                        into existing school curriculum;
                            [(v) provide instruction for 
                        students, teachers, and parents;
                            [(vi) serve a multistate area; and
                            [(vii) give priority to the 
                        provision of equipment and linkages to 
                        isolated areas; and
                    [(E) involve a telecommunications entity 
                (such as a satellite, cable, telephone, 
                computer, or public or private television 
                stations) participating in the eligible entity 
                and donating equipment or in-kind services for 
                telecommunications linkages.]

[SEC. 5475. [20 U.S.C. 7255D] OTHER GRANT ASSISTANCE.

    [(a) Special Statewide Network.--
            [(1) In general.--The Secretary, in conjunction 
        with the Office of Educational Technology, may provide 
        assistance to a statewide telecommunications network if 
        such network--
                    [(A) provides 2-way full-motion interactive 
                video and audio communications;
                    [(B) links together public colleges and 
                universities and secondary schools throughout 
                the State; and
                    [(C) meets any other requirements 
                determined appropriate by the Secretary.
            [(2) Matching contribution.--A statewide 
        telecommunications network assisted under paragraph (1) 
        shall contribute, either directly or through private 
        contributions, non-Federal funds equal to not less than 
        50 percent of the cost of such network.
    [(b) Special Local Network.--
            [(1) In general.--The Secretary is authorized to 
        provide assistance, on a competitive basis, to a local 
        educational agency, or a consortium of such agencies, 
        to enable such agency or consortium to establish a 
        high-technology demonstration program.
            [(2) Program requirements.--A high-technology 
        demonstration program assisted under paragraph (1) 
        shall--
                    [(A) include 2-way full-motion interactive 
                video, audio, and text communications;
                    [(B) link together elementary schools and 
                secondary schools, colleges, and universities;
                    [(C) provide parent participation and 
                family programs;
                    [(D) include a staff development program; 
                and
                    [(E) have a significant contribution and 
                participation from business and industry.
            [(3) Matching requirement.--A local educational 
        agency or consortium receiving a grant under paragraph 
        (1) shall provide, either directly or through private 
        contributions, non-Federal matching funds equal to not 
        less than 50 percent of the amount of the grant.
    [(c) Telecommunications Programs for Continuing 
Education.--
            [(1) Authority.--The Secretary is authorized to 
        award grants, on a competitive basis, to eligible 
        entities to develop and operate one or more programs 
        that provide online access to educational resources in 
        support of continuing education and curriculum 
        requirements relevant to achieving a secondary school 
        diploma or its recognized equivalent. The program 
        authorized by this subsection shall be designed to 
        advance adult literacy, secondary school completion, 
        and the acquisition of specified competency by the end 
        of the 12th grade.
            [(2) Applications.--Each eligible entity desiring a 
        grant under this subsection shall submit an application 
        to the Secretary. The application shall include each of 
        the following:
                    [(A) A demonstration that the applicant 
                will use publicly funded or free public 
                telecommunications infrastructure to deliver 
                video, voice, and data in an integrated service 
                to support and assist in the acquisition of a 
                secondary school diploma or its recognized 
                equivalent.
                    [(B) An assurance that the content of the 
                materials to be delivered is consistent with 
                the accreditation requirements of the State for 
                which such materials are used.
                    [(C) To the extent feasible, materials 
                developed in the Federal departments and 
                agencies and under appropriate federally funded 
                programs.
                    [(D) An assurance that the applicant has 
                the technological and substantive experience to 
                carry out the program.
                    [(E) Such additional assurances as the 
                Secretary may reasonably require.]

[SEC. 5476. [20 U.S.C. 7255E] ADMINISTRATIVE PROVISIONS.

    [(a) Leadership, Evaluation, and Peer Review.--
            [(1) Reservation of funds.--The Secretary may 
        reserve not more than 5 percent of the amount made 
        available to carry out this subpart for a fiscal year 
        for national leadership, evaluation, and peer review 
        activities, which the Secretary may carry out directly 
        or through grants, contracts, and cooperative 
        agreements.
            [(2) Leadership.--Funds reserved for leadership 
        activities under paragraph (1) may be used for--
                    [(A) disseminating information, including 
                lists and descriptions of services available 
                from grant recipients under this subpart; and
                    [(B) other activities designed to enhance 
                the quality of distance learning activities 
                nationwide.
            [(3) Evaluation.--Funds reserved for evaluation 
        activities under paragraph (1) may be used to conduct 
        independent evaluations of the activities assisted 
        under this subpart and of distance learning in general, 
        including--
                    [(A) analyses of distance learning efforts 
                (including such efforts that are, or are not, 
                assisted under this subpart); and
                    [(B) comparisons of the effects (including 
                student outcomes) of different technologies in 
                distance learning efforts.
            [(4) Peer review.--Funds reserved for peer review 
        activities under paragraph (1) may be used for peer 
        review of--
                    [(A) applications for grants under this 
                subpart; and
                    [(B) activities assisted under this 
                subpart.
    [(b) Coordination.--The Department, the National Science 
Foundation, the Department of Agriculture, the Department of 
Commerce, and any other Federal department or agency operating 
a telecommunications network for educational purposes, shall 
coordinate the activities assisted under this subpart with the 
activities of such department or agency relating to a 
telecommunications network for educational purposes.
    [(c) Funds From Other Agencies.--The Secretary may accept 
funds from other Federal departments or agencies to carry out 
the purposes of this subpart, including funds for the purchase 
of equipment.
    [(d) Availability of Funds.--Funds made available to carry 
out this subpart shall remain available until expended.
    [(e) Closed Captioning and Descriptive Video.--The 
Secretary shall encourage each entity receiving funds under 
this subpart to provide--
            [(1) closed captioning of the verbal content of the 
        entity's programming, as appropriate; and
            [(2) descriptive video of the visual content of the 
        entity's programming, as appropriate.]

[SEC. 5477. [20 U.S.C. 7255F] DEFINITIONS.

     [In this subpart:
            [(1) Educational institution.--The term 
        ``educational institution'' means an institution of 
        higher education, a local educational agency, or a 
        State educational agency.
            [(2) Eligible entity.--The term ``eligible entity'' 
        includes any of the following that is organized on a 
        Statewide or multistate basis:
                    [(A) A public agency or corporation 
                established for the purpose of developing and 
                operating telecommunications networks to 
                enhance educational opportunities provided by 
                educational institutions, teacher training 
                centers, and other entities, except that any 
                such agency or corporation shall represent the 
                interests of elementary schools and secondary 
                schools that are eligible to participate in the 
                program under part A of title I.
                    [(B) A partnership that will provide 
                telecommunications services and that includes 
                three or more of the following entities, at 
                least one of which shall be an agency described 
                in clause (i) or (ii):
                            [(i) A local educational agency 
                        that serves a significant number of 
                        elementary schools and secondary 
                        schools that are eligible for 
                        assistance under part A of title I, or 
                        elementary schools and secondary 
                        schools operated or funded for Indian 
                        children by the Department of the 
                        Interior eligible under section 
                        1121(d)(1)(A).
                            [(ii) A State educational agency.
                            [(iii) An adult and family 
                        education program.
                            [(iv) An institution of higher 
                        education or a State higher education 
                        agency (as that term is defined in 
                        section 103 of the Higher Education Act 
                        of 1965 (20 U.S.C. 1003)).
                            [(v) A teacher training center or 
                        academy that--
                                    [(I) provides teacher 
                                preservice and inservice 
                                training; and
                                    [(II) receives Federal 
                                financial assistance or has 
                                been approved by a State 
                                agency;
                            [(vi)(I) A public or private entity 
                        with experience and expertise in the 
                        planning and operation of a 
                        telecommunications network, including 
                        entities involved in telecommunications 
                        through satellite, cable, telephone, or 
                        computer; or
                            [(II) a public broadcasting entity 
                        with such experience.
                            [(vii) A public or private 
                        elementary school or secondary school.
            [(3) Instructional programming.--The term 
        ``instructional programming'' means courses of 
        instruction and training courses for elementary and 
        secondary students, teachers, and others, and materials 
        for use in such instruction and training that have been 
        prepared in audio and visual form on tape, disc, film, 
        or live, and presented by means of telecommunications 
        devices.
            [(4) Public broadcasting entity.--The term ``public 
        broadcasting entity'' has the same meaning given such 
        term in section 397 of the Communications Act of 1934 
        (47 U.S.C. 397).]

                      [Subpart 8--Ready to Teach]

[SEC. 5481. [20 U.S.C. 7257] GRANTS.

    [(a) In General.--The Secretary is authorized to award 
grants to a nonprofit telecommunications entity, or partnership 
of such entities, for the purpose of carrying out a national 
telecommunications-based program to improve teaching in core 
curriculum areas. The program shall be designed to assist 
elementary school and secondary school teachers in preparing 
all students to achieve challenging State academic content and 
student academic achievement standards in core curriculum 
areas.
    [(b) Digital Educational Programming.--The Secretary is 
authorized to award grants, as provided for in section 5484, to 
eligible entities described in subsection (b) of such section, 
to enable such entities to develop, produce, and distribute 
innovative educational and instructional video programming that 
is designed for use by elementary schools and secondary schools 
and based on challenging State academic content and student 
academic achievement standards. In awarding such grants, the 
Secretary shall ensure that eligible entities enter into 
multiyear content development collaborative arrangements with 
State educational agencies, local educational agencies, 
institutions of higher education, businesses, or other agencies 
or organizations.]

[SEC. 5482. [20 U.S.C. 7257A] APPLICATION REQUIRED.

    [(a) General Application.--
            [(1) In general.--To be eligible to receive a grant 
        under section 5481(a), a nonprofit telecommunications 
        entity, or partnership of such entities shall submit an 
        application to the Secretary. Each such application 
        shall--
                    [(A) demonstrate that the applicant will 
                use the public broadcasting infrastructure, the 
                Internet, and school digital networks, where 
                available, to deliver video and data in an 
                integrated service to train teachers in the use 
                of materials and learning technologies for 
                achieving challenging State academic content 
                and student academic achievement standards;
                    [(B) ensure that the project for which 
                assistance is sought will be conducted in 
                cooperation with appropriate State educational 
                agencies, local educational agencies, and State 
                or local nonprofit public telecommunications 
                entities;
                    [(C) ensure that a significant portion of 
                the benefits available for elementary schools 
                and secondary schools from the project for 
                which assistance is sought will be available to 
                schools of local educational agencies that have 
                a high percentage of children counted for the 
                purpose of part A of title I; and
                    [(D) contain such additional assurances as 
                the Secretary may reasonably require.
            [(2) Sites.--In approving applications under 
        paragraph (1), the Secretary shall ensure that the 
        program authorized by section 5481(a) is conducted at 
        elementary school and secondary school sites throughout 
        the United States.
    [(b) Programming Application.--To be eligible to receive a 
grant under section 5481(b), an entity shall submit an 
application to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may reasonably 
require.]

[SEC. 5483. [20 U.S.C. 7257B] REPORTS AND EVALUATION.

     [An entity receiving a grant under section 5481(a) shall 
prepare and submit to the Secretary an annual report that 
contains such information as the Secretary may require. At a 
minimum, such report shall describe the program activities 
undertaken with funds received under the grant, including--
            [(1) the core curriculum areas for which program 
        activities have been undertaken and the number of 
        teachers using the program in each core curriculum 
        area; and
            [(2) the States in which teachers using the program 
        are located.]

[SEC. 5484. [20 U.S.C. 7257C] DIGITAL EDUCATIONAL PROGRAMMING GRANTS.

    [(a) Grants.--The Secretary is authorized to award grants 
under section 5481(b) to eligible entities to facilitate the 
development of educational programming that shall--
            [(1) include student assessment tools to provide 
        feedback on student academic achievement;
            [(2) include built-in teacher utilization and 
        support components to ensure that teachers understand 
        and can easily use the content of the programming with 
        group instruction or for individual student use;
            [(3) be created for, or adaptable to, challenging 
        State academic content standards and student academic 
        achievement standards; and
            [(4) be capable of distribution through digital 
        broadcasting and school digital networks.
    [(b) Eligible Entities.--To be eligible to receive a grant 
under section 5481(b), an entity shall be a local public 
telecommunications entity, as defined in section 397(12) of the 
Communications Act of 1934, that is able to demonstrate a 
capacity for the development and distribution of educational 
and instructional television programming of high quality.
    [(c) Competitive Basis.--Grants under section 5481(b) shall 
be awarded on a competitive basis as determined by the 
Secretary.
    [(d) Matching Requirement.--To be eligible to receive a 
grant under section 5481(b), an entity shall contribute to the 
activities assisted under such grant non-Federal matching funds 
in an amount equal to not less than 100 percent of the amount 
of the grant. Such matching funds may include funds provided 
for the transition to digital broadcasting, as well as in-kind 
contributions.
    [(e) Duration.--A grant under section 5481(b) shall be 
awarded for a period of 3 years in order to provide a 
sufficient period of time for the creation of a substantial 
body of significant content.]

[SEC. 5485. [20 U.S.C. 7257D] ADMINISTRATIVE COSTS.

    [An entity that receives a grant under this subpart may not 
use more than 5 percent of the amount received under the grant 
for administrative costs.]

            [Subpart 9--Foreign Language Assistance Program]

[SEC. 5491. [20 U.S.C. 7259] SHORT TITLE.

    [This subpart may be cited as the ``Foreign Language 
Assistance Act of 2001''.]

[SEC. 5492. [20 U.S.C. 7259A] PROGRAM AUTHORIZED.

    [(a) Program Authority.--
            [(1) In general.--The Secretary is authorized to 
        make grants, on a competitive basis, to State 
        educational agencies or local educational agencies to 
        pay the Federal share of the cost of innovative model 
        programs providing for the establishment, improvement, 
        or expansion of foreign language study for elementary 
        school and secondary school students.
            [(2) Duration.--Each grant under paragraph (1) 
        shall be awarded for a period of 3 years.
    [(b) Requirements.--
            [(1) Grants to state educational agencies.--In 
        awarding a grant under subsection (a) to a State 
        educational agency, the Secretary shall support 
        programs that promote systemic approaches to improving 
        foreign language learning in the State.
            [(2) Grants to local educational agencies.--In 
        awarding a grant under subsection (a) to a local 
        educational agency, the Secretary shall support 
        programs that--
                    [(A) show the promise of being continued 
                beyond the grant period;
                    [(B) demonstrate approaches that can be 
                disseminated and duplicated in other local 
                educational agencies; and
                    [(C) may include a professional development 
                component.
    [(c) Federal Share.--
            [(1) In general.--The Federal share for each fiscal 
        year shall be 50 percent.
            [(2) Waiver.--Notwithstanding paragraph (1), the 
        Secretary may determine the Federal share for any local 
        educational agency which the Secretary determines does 
        not have adequate resources to pay the non-Federal 
        share of the cost of the activities assisted under this 
        subpart.
    [(d) Special rule.--Not less than \3/4\ of the funds made 
available under section 5401 to carry out this subpart shall be 
used for the expansion of foreign language learning in the 
elementary grades.
    [(e) Reservation.--The Secretary may reserve not more than 
5 percent of funds made available under section 5401 to carry 
out this subpart for a fiscal year to evaluate the efficacy of 
programs assisted under this subpart.]

[SEC. 5493. [20 U.S.C. 7259B] APPLICATIONS.

    [(a) In General.--Any State educational agency or local 
educational agency desiring a grant under this subpart shall 
submit an application to the Secretary at such time, in such 
manner, and containing such information and assurances as the 
Secretary may require.
    [(b) Special Consideration.--The Secretary shall give 
special consideration to applications describing programs 
that--
            [(1) include intensive summer foreign language 
        programs for professional development;
            [(2) link nonnative English speakers in the 
        community with the schools in order to promote two-way 
        language learning;
            [(3) promote the sequential study of a foreign 
        language for students, beginning in elementary schools;
            [(4) make effective use of technology, such as 
        computer-assisted instruction, language laboratories, 
        or distance learning, to promote foreign language 
        study;
            [(5) promote innovative activities, such as foreign 
        language immersion, partial foreign language immersion, 
        or content-based instruction; and
            [(6) are carried out through a consortium comprised 
        of the agency receiving the grant and an elementary 
        school or secondary school.]

[SEC. 5494. [20 U.S.C. 7259C] ELEMENTARY SCHOOL FOREIGN LANGUAGE 
                    INCENTIVE PROGRAM.

    [(a) Incentive Payments.--From amounts made available under 
section 5401 to carry out this subpart, the Secretary shall 
make an incentive payment for each fiscal year to each public 
elementary school that provides to students attending such 
school a program designed to lead to communicative competency 
in a foreign language.
    [(b) Amount.--The Secretary shall determine the amount of 
the incentive payment under subsection (a) for each public 
elementary school for each fiscal year on the basis of the 
number of students participating in a program described in such 
subsection at such school for such year compared to the total 
number of such students at all such schools in the United 
States for such year.
    [(c) Requirement.--The Secretary shall consider a program 
to be designed to lead to communicative competency in a foreign 
language if such program is comparable to a program that 
provides not less than 45 minutes of instruction in a foreign 
language for not fewer than 4 days per week throughout an 
academic year.]

                    [Subpart 10--Physical Education]

[SEC. 5501. [20 U.S.C. 7261] SHORT TITLE.

    [This subpart may be cited as the ``Carol M. White Physical 
Education Program''.]

[SEC. 5502. [20 U.S.C. 7261A] PURPOSE.

    [The purpose of this subpart is to award grants and 
contracts to initiate, expand, and improve physical education 
programs for all kindergarten through 12th-grade students.]

[SEC. 5503. [20 U.S.C. 7261B] PROGRAM AUTHORIZED.

    [(a) Authorization.--The Secretary is authorized to award 
grants to local educational agencies and community-based 
organizations (such as Boys and Girls Clubs, Boy Scouts and 
Girl Scouts, and the Young Men's Christian Organization (YMCA) 
and Young Women's Christian Organization (YWCA)) to pay the 
Federal share of the costs of initiating, expanding, and 
improving physical education programs (including after-school 
programs) for kindergarten through 12th-grade students by--
            [(1) providing equipment and support to enable 
        students to participate actively in physical education 
        activities; and
            [(2) providing funds for staff and teacher training 
        and education.
    [(b) Program Elements.--A physical education program funded 
under this subpart may provide for one or more of the 
following:
            [(1) Fitness education and assessment to help 
        students understand, improve, or maintain their 
        physical well-being.
            [(2) Instruction in a variety of motor skills and 
        physical activities designed to enhance the physical, 
        mental, and social or emotional development of every 
        student.
            [(3) Development of, and instruction in, cognitive 
        concepts about motor skill and physical fitness that 
        support a lifelong healthy lifestyle.
            [(4) Opportunities to develop positive social and 
        cooperative skills through physical activity 
        participation.
            [(5) Instruction in healthy eating habits and good 
        nutrition.
            [(6) Opportunities for professional development for 
        teachers of physical education to stay abreast of the 
        latest research, issues, and trends in the field of 
        physical education.
    [(c) Special Rule.--For the purpose of this subpart, 
extracurricular activities, such as team sports and Reserve 
Officers' Training Corps (ROTC) program activities, shall not 
be considered as part of the curriculum of a physical education 
program assisted under this subpart.]

[SEC. 5504. [20 U.S.C. 7261C] APPLICATIONS.

    [(a) Submission.--Each local educational agency or 
community-based organization desiring a grant or contract under 
this subpart shall submit to the Secretary an application that 
contains a plan to initiate, expand, or improve physical 
education programs in order to make progress toward meeting 
State standards for physical education.
    [(b) Private School and Home-Schooled Students.--An 
application for funds under this subpart may provide for the 
participation, in the activities funded under this subpart, 
of--
            [(1) students enrolled in private nonprofit 
        elementary schools or secondary schools, and their 
        parents and teachers; or
            [(2) home-schooled students, and their parents and 
        teachers.]

[SEC. 5505. [20 U.S.C. 7261D] REQUIREMENTS.

    [(a) Annual Report to the Secretary.--In order to continue 
receiving funding after the first year of a multiyear grant or 
contract under this subpart, the administrator of the grant or 
contract for the local educational agency or community-based 
organization shall submit to the Secretary an annual report 
that--
            [(1) describes the activities conducted during the 
        preceding year; and
            [(2) demonstrates that progress has been made 
        toward meeting State standards for physical education.
    [(b) Administrative Expenses.--Not more than 5 percent of 
the grant funds made available to a local educational agency or 
community-based organization under this subpart for any fiscal 
year may be used for administrative expenses.]

[SEC. 5506. [20 U.S.C. 7261E] ADMINISTRATIVE PROVISIONS.

    [(a) Federal Share.--The Federal share under this subpart 
may not exceed--
            [(1) 90 percent of the total cost of a program for 
        the first year for which the program receives 
        assistance under this subpart; and
            [(2) 75 percent of such cost for the second and 
        each subsequent such year.
    [(b) Proportionality.--To the extent practicable, the 
Secretary shall ensure that grants awarded under this subpart 
shall be equitably distributed among local educational agencies 
and community-based organizations serving urban and rural 
areas.
    [(c) Report to Congress.--Not later than June 1, 2003, the 
Secretary shall submit a report to Congress that--
            [(1) describes the programs assisted under this 
        subpart;
            [(2) documents the success of such programs in 
        improving physical fitness; and
            [(3) makes such recommendations as the Secretary 
        determines appropriate for the continuation and 
        improvement of the programs assisted under this 
        subpart.
    [(d) Availability of Funds.--Amounts made available to the 
Secretary to carry out this subpart shall remain available 
until expended.]

[SEC. 5507. [20 U.S.C. 7261F] SUPPLEMENT, NOT SUPPLANT.

    [Funds made available under this subpart shall be used to 
supplement, and not supplant, any other Federal, State, or 
local funds available for physical education activities.]

               [Subpart 11--Community Technology Centers]

[SEC. 5511. [20 U.S.C. 7263] PURPOSE AND PROGRAM AUTHORIZATION.

    [(a) Purpose.--It is the purpose of this subpart to assist 
eligible applicants--
            [(1) to create or expand community technology 
        centers that will provide disadvantaged residents of 
        economically distressed urban and rural communities 
        with access to information technology and related 
        training; and
            [(2) to provide technical assistance and support to 
        community technology centers.
    [(b) Program Authorization.--The Secretary is authorized, 
in conjunction with the Office of Educational Technology, to 
award grants, contracts, or cooperative agreements, on a 
competitive basis, for a period of not more than 3 years, to 
eligible applicants in order to assist such applicants in--
            [(1) creating or expanding community technology 
        centers; or
            [(2) providing technical assistance and support to 
        community technology centers.
            [(3) Service of americorps participants.--The 
        Secretary may collaborate with the Chief Executive 
        Officer of the Corporation for National and Community 
        Service on the use in community technology centers of 
        participants in National Service programs carried out 
        under subtitle C of title I of the National and 
        Community Service Act of 1990 (42 U.S.C. 12571 et 
        seq.).]

[SEC. 5512. [20 U.S.C. 7263A] ELIGIBILITY AND APPLICATION REQUIREMENTS.

    [(a) Eligible Applicants.--In order to be eligible to 
receive an award under this subpart, an applicant shall--
            [(1) be an entity (such as a foundation, museum, 
        library, for-profit business, public or private 
        nonprofit organization, or community-based 
        organization), an institution of higher education, a 
        State educational agency, a local education agency, or 
        a consortium of such entities, institutions, or 
        agencies; and
            [(2) have the capacity to significantly expand 
        access to computers and related services for 
        disadvantaged residents of economically distressed 
        urban and rural communities (who would otherwise be 
        denied such access).
    [(b) Application Requirements.--In order to receive an 
award under this subpart, an eligible applicant shall submit an 
application to the Secretary at such time, and containing such 
information, as the Secretary may require. The application 
shall include each of the following:
            [(1) A description of the proposed project, 
        including a description of the magnitude of the need 
        for the services and how the project would expand 
        access to information technology and related services 
        to disadvantaged residents of an economically 
        distressed urban or rural community.
            [(2) A demonstration of--
                    [(A) the commitment, including the 
                financial commitment, of entities (such as 
                institutions, organizations, business and other 
                groups in the community) that will provide 
                support for the creation, expansion, and 
                continuation of the proposed project; and
                    [(B) the extent to which the proposed 
                project coordinates with other appropriate 
                agencies, efforts, and organizations providing 
                services to disadvantaged residents of an 
                economically distressed urban or rural 
                community.
            [(3) A description of how the proposed project 
        would be sustained once the Federal funds awarded under 
        this subpart end.
            [(4) A plan for the evaluation of the program, 
        which shall include benchmarks to monitor progress 
        toward specific project objectives.
    [(c) Matching Requirements.--The Federal share of the cost 
of any project funded under this subpart shall not exceed 50 
percent. The non-Federal share of such project may be in cash 
or in kind, fairly evaluated, including services.]

[SEC. 5513. [20 U.S.C. 7263B] USES OF FUNDS.

    [(a) Required Uses.--A recipient shall use funds under this 
subpart for--
            [(1) creating or expanding community technology 
        centers that expand access to information technology 
        and related training for disadvantaged residents of 
        distressed urban or rural communities; and
            [(2) evaluating the effectiveness of the project.
    [(b) Permissible Uses.--A recipient may use funds under 
this subpart for activities, described in its application, that 
carry out the purposes of this subpart, such as--
            [(1) supporting a center coordinator, and staff, to 
        supervise instruction and build community partnerships;
            [(2) acquiring equipment, networking capabilities, 
        and infrastructure to carry out the project; and
            [(3) developing and providing services and 
        activities for community residents that provide access 
        to computers, information technology, and the use of 
        such technology in support of preschool preparation, 
        academic achievement, educational development, and 
        workforce development, such as the following:
                    [(A) After-school activities in which 
                children and youths use software that provides 
                academic enrichment and assistance with 
                homework, develop their technical skills, 
                explore the Internet, and participate in 
                multimedia activities, including web page 
                design and creation.
                    [(B) Adult education and family literacy 
                activities through technology and the Internet, 
                including--
                            [(i) General Education Development, 
                        Language Instruction Educational 
                        Programs, and adult basic education 
                        classes or programs;
                            [(ii) introduction to computers;
                            [(iii) intergenerational 
                        activities; and
                            [(iv) educational development 
                        opportunities.
                    [(C) Career development and job preparation 
                activities, such as--
                            [(i) training in basic and advanced 
                        computer skills;
                            [(ii) resume writing workshops; and
                            [(iii) access to databases of 
                        employment opportunities, career 
                        information, and other online 
                        materials.
                    [(D) Small business activities, such as--
                            [(i) computer-based training for 
                        basic entrepreneurial skills and 
                        electronic commerce; and
                            [(ii) access to information on 
                        business start-up programs that is 
                        available online, or from other 
                        sources.
                    [(E) Activities that provide home access to 
                computers and technology, such as assistance 
                and services to promote the acquisition, 
                installation, and use of information technology 
                in the home through low-cost solutions such as 
                networked computers, web-based television 
                devices, and other technology.]

   [Subpart 12--Educational, Cultural, Apprenticeship, and Exchange 
  Programs for Alaska Natives, Native Hawaiians, and Their Historical 
             Whaling and Trading Partners in Massachusetts]

[SEC. 5521. [20 U.S.C. 7265] SHORT TITLE.

    [This subpart may be cited as the ``Alaska Native and 
Native Hawaiian Education Through Cultural and Historical 
Organizations Act''.]

[SEC. 5522. [20 U.S.C. 7265A] FINDINGS AND PURPOSES.

    [(a) Findings.--Congress finds the following:
            [(1) Alaska Natives and Native Hawaiians have been 
        linked for over 200 years to the coastal towns of 
        Salem, Massachusetts, and New Bedford, Massachusetts, 
        through the China trade from Salem and whaling voyages 
        from New Bedford.
            [(2) Nineteenth-century trading ships sailed from 
        Salem, Massachusetts, around Cape Horn of South 
        America, and up the Northwest coast of the United 
        States to Alaska, where their crews traded with Alaska 
        Native people for furs, and then went on to Hawaii to 
        trade for sandalwood with Native Hawaiians before going 
        on to China.
            [(3) During the 19th century, over 2,000 whaling 
        voyages sailed out of New Bedford, Massachusetts to the 
        Arctic region of Alaska, and joined Alaska Natives from 
        Barrow, Alaska and other areas in the Arctic region in 
        subsistence whaling activities.
            [(4) Many New Bedford whaling voyages continued on 
        to Hawaii, where they joined Native Hawaiians from the 
        neighboring islands.
            [(5) From those commercial and whaling voyages, a 
        rich cultural exchange and strong trading relationships 
        developed among the three peoples involved.
            [(6) In the past decades, awareness of the 
        historical trading, cultural, and whaling links has 
        faded among Alaska Natives, Native Hawaiians, and the 
        people of the continental United States.
            [(7) In 2000, the Alaska Native Heritage Center in 
        Alaska, the Bishop Museum in Hawaii, and the Peabody-
        Essex Museum in Massachusetts initiated the New Trade 
        Winds project to use 21st-century technology, including 
        the Internet, to educate students and their parents 
        about historic and contemporary cultural and trading 
        ties that continue to link the diverse cultures of the 
        peoples involved.
            [(8) The New Bedford Whaling Museum, in partnership 
        with the New Bedford Whaling National Historical Park, 
        has developed a cultural exchange and educational 
        program with the Inupiat Heritage Center in Barrow, 
        Alaska to bring together the children, parents, and 
        elders from the Arctic region of Alaska with children 
        and families of Massachusetts to learn about their 
        historical ties and about each other's contemporary 
        cultures.
            [(9) Within the fast-growing cultural sector, 
        meaningful educational and career opportunities based 
        on traditional relationships exist for Alaska Natives, 
        Native Hawaiians, and low-income youth in 
        Massachusetts.
            [(10) Cultural institutions can provide practical, 
        culturally relevant, education-related internship and 
        apprentice programs, such as the Museum Action Corps at 
        the Peabody-Essex Museum and similar programs at the 
        New Bedford Oceanarium and other institutions, to 
        prepare youths and their families for careers in the 
        cultural sector.
            [(11) The resources of the institutions described 
        in paragraphs (7) and (8) provide unique opportunities 
        for illustrating and interpreting the contributions of 
        Alaska Natives, Native Hawaiians, the whaling industry, 
        and the China trade to the economic, social, and 
        environmental history of the United States, for 
        educating students and their parents, and for providing 
        opportunities for internships and apprenticeships 
        leading to careers with cultural institutions.
    [(b) Purposes.--The purposes of this subpart are the 
following:
            [(1) To authorize and develop innovative 
        culturally-based educational programs and cultural 
        exchanges to assist Alaska Natives, Native Hawaiians, 
        and children and families of Massachusetts linked by 
        history and tradition to Alaska and Hawaii to learn 
        about shared culture and traditions.
            [(2) To authorize and develop internship and 
        apprentice programs to assist Alaska Natives, Native 
        Hawaiians, and children and families of Massachusetts 
        linked by history and tradition with Alaska and Hawaii 
        to prepare for careers with cultural institutions.
            [(3) To supplement programs and authorities in the 
        area of education to further the objectives of this 
        subpart.
            [(4) To authorize and develop cultural and 
        educational programs relating to any Federally 
        recognized Indian tribe in Mississippi.]

[SEC. 5523. [20 U.S.C. 7265B] PROGRAM AUTHORIZATION.

    [(a) Grants and Contracts.--In order to carry out programs 
that fulfill the purposes of this subpart, the Secretary is 
authorized to make grants to, or enter into contracts with, the 
following:
            [(1) The Alaska Native Heritage Center in 
        Anchorage, Alaska.
            [(2) The Inupiat Heritage Center in Barrow, Alaska.
            [(3) The Bishop Museum in Hawaii.
            [(4) The Peabody-Essex Museum in Salem, 
        Massachusetts.
            [(5) The New Bedford Whaling Museum and the New 
        Bedford Oceanarium in New Bedford, Massachusetts.
            [(6) The Mississippi Band of Choctaw Indians in 
        Choctaw, Mississippi.
            [(7) Other Alaska Native and Native Hawaiian 
        cultural and educational organizations.
            [(8) Cultural and educational organizations with 
        experience in developing or operating programs that 
        illustrate and interpret the contributions of Alaska 
        Natives, Native Hawaiians, the whaling industry, and 
        the China trade to the economic, social, and 
        environmental history of the United States.
            [(9) Consortia of the organizations and entities 
        described in this subsection.
    [(b) Uses of Funds.--Activities provided through programs 
carried out under this subpart may include one or more of the 
following:
            [(1) Development and implementation of educational 
        programs to increase understanding of cultural 
        diversity and multicultural communication among Alaska 
        Natives, Native Hawaiians, and the people of the 
        continental United States, based on historic patterns 
        of trading and commerce.
            [(2) Development and implementation of programs 
        using modern technology, including the Internet, to 
        educate students, their parents, and teachers about 
        historic and contemporary cultural and trading ties 
        that continue to link the diverse cultures of Alaska 
        Natives, Native Hawaiians, and the people of 
        Massachusetts.
            [(3) Cultural exchanges of elders, students, 
        parents, and teachers among Alaska Natives, Native 
        Hawaiians, and the people of Massachusetts to increase 
        awareness of diverse cultures among each group.
            [(4) Sharing of collections among cultural 
        institutions designed to increase awareness of diverse 
        cultures and links among them.
            [(5) Development and implementation of internship 
        and apprentice programs in cultural institutions to 
        train Alaska Natives, Native Hawaiians, and low-income 
        students in Massachusetts for careers with cultural 
        institutions.
            [(6) Other activities, consistent with the purposes 
        of this subpart, to meet the educational needs of 
        Alaska Natives, Native Hawaiians, and students and 
        their parents in Massachusetts.
            [(7) Cultural and educational programs relating to 
        any Federally recognized Indian tribe in Mississippi.]

[SEC. 5524. [20 U.S.C. 7265C] ADMINISTRATIVE PROVISIONS.

    [(a) Application Required.--No grant may be made under this 
subpart, and no contract may be entered into under this 
subpart, unless the entity seeking the grant or contract 
submits an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary may 
determine to be necessary to carry out the provisions of this 
subpart.
    [(b) Local Educational Agency Coordination.--Each applicant 
for a grant or contract under this subpart shall inform each 
local educational agency serving students who will participate 
in the program to be carried out under the grant or contract 
about the application.]

[SEC. 5525. [20 U.S.C. 7265D] AVAILABILITY OF FUNDS.

     [If sufficient funds are made available under section 5401 
to carry out this subpart for a fiscal year, the Secretary 
shall make available, to support activities described in 
section 5523(b), the following amounts:
            [(1) Not less than $2,000,000 each to--
                    [(A) the New Bedford Whaling Museum, in 
                partnership with the New Bedford Oceanarium, in 
                Massachusetts;
                    [(B) the Inupiat Heritage Center in Alaska; 
                and
                    [(C) the Mississippi Band of Choctaw 
                Indians in Choctaw, Mississippi.
            [(2) For the New Trade Winds project, not less than 
        $1,000,000 each to--
                    [(A) the Alaska Native Heritage Center in 
                Alaska;
                    [(B) the Bishop Museum in Hawaii; and
                    [(C) the Peabody-Essex Museum in 
                Massachusetts.
            [(3) For internship and apprenticeship programs 
        (including the Museum Action Corps of the Peabody-Essex 
        Museum), not less than $1,000,000 each to--
                    [(A) the Alaska Native Heritage Center in 
                Alaska;
                    [(B) the Bishop Museum in Hawaii; and
                    [(C) the Peabody-Essex Museum in 
                Massachusetts.]

[SEC. 5526. [20 U.S.C. 7265E] DEFINITIONS.

     [In this subpart:
            [(1) Alaska native.--The term ``Alaska Native'' has 
        the meaning given that term in section 7306.
            [(2) Native hawaiian.--The term ``Native Hawaiian'' 
        has the meaning given that term in section 7207.]

             [Subpart 13--Excellence in Economic Education]

[SEC. 5531. [20 U.S.C. 7267] SHORT TITLE.

    [This subpart may be cited as the ``Excellence in Economic 
Education Act of 2001''.]

[SEC. 5532. [20 U.S.C. 7267A] PURPOSE AND GOALS.

    [(a) Purpose.--The purpose of this subpart is to promote 
economic and financial literacy among all students in 
kindergarten through grade 12 by awarding a competitive grant 
to a national nonprofit educational organization that has as 
its primary purpose the improvement of the quality of student 
understanding of personal finance and economics.
    [(b) Objectives.--The objectives of this subpart are the 
following:
            [(1) To increase students' knowledge of, and 
        achievement in, economics to enable the students to 
        become more productive and informed citizens.
            [(2) To strengthen teachers' understanding of, and 
        competency in, economics to enable the teachers to 
        increase student mastery of economic principles and the 
        practical application of those principles.
            [(3) To encourage economic education research and 
        development, to disseminate effective instructional 
        materials, and to promote replication of best practices 
        and exemplary programs that foster economic literacy.
            [(4) To assist States in measuring the impact of 
        education in economics.
            [(5) To leverage and expand private and public 
        support for economic education partnerships at 
        national, State, and local levels.]

[SEC. 5533. [20 U.S.C. 7267B] GRANT PROGRAM AUTHORIZED.

    [(a) Authorization.--The Secretary is authorized to award a 
competitive grant to a national nonprofit educational 
organization that has as its primary purpose the improvement of 
the quality of student understanding of personal finance and 
economics through effective teaching of economics in the 
Nation's classrooms (referred to in this subpart as the 
``grantee'').
    [(b) Uses of Funds.--
            [(1) Direct activities.--The grantee shall use 25 
        percent of the funds made available through the grant 
        for a fiscal year--
                    [(A) to strengthen and expand the grantee's 
                relationships with State and local personal 
                finance, entrepreneurial, and economic 
                education organizations;
                    [(B) to support and promote training of 
                teachers who teach a grade from kindergarten 
                through grade 12 regarding economics, including 
                the dissemination of information on effective 
                practices and research findings regarding the 
                teaching of economics;
                    [(C) to support research on effective 
                teaching practices and the development of 
                assessment instruments to document student 
                understanding of personal finance and 
                economics; and
                    [(D) to develop and disseminate appropriate 
                materials to foster economic literacy.
            [(2) Subgrants.--The grantee shall use 75 percent 
        of the funds made available through the grant for a 
        fiscal year to award subgrants to State educational 
        agencies or local educational agencies, and State or 
        local economic, personal finance, or entrepreneurial 
        education organizations (referred to in this section as 
        the ``recipient''). The grantee shall award such a 
        subgrant to pay for the Federal share of the cost of 
        enabling the recipient to work in partnership with one 
        or more of the entities described in paragraph (3) for 
        one or more of the following purposes:
                    [(A) Collaboratively establishing and 
                conducting teacher training programs that use 
                effective and innovative approaches to the 
                teaching of economics, personal finance, and 
                entrepreneurship.
                    [(B) Providing resources to school 
                districts that desire to incorporate economics 
                and personal finance into the curricula of the 
                schools in the districts.
                    [(C) Conducting evaluations of the impact 
                of economic and financial literacy education on 
                students.
                    [(D) Conducting economic and financial 
                literacy education research.
                    [(E) Creating and conducting school-based 
                student activities to promote consumer, 
                economic, and personal finance education (such 
                as saving, investing, and entrepreneurial 
                education) and to encourage awareness and 
                student academic achievement in economics.
                    [(F) Encouraging replication of best 
                practices to promote economic and financial 
                literacy.
            [(3) Partnership entities.--The entities described 
        in this paragraph are the following:
                    [(A) A private sector entity.
                    [(B) A State educational agency.
                    [(C) A local educational agency.
                    [(D) An institution of higher education.
                    [(E) An organization promoting economic 
                development.
                    [(F) An organization promoting educational 
                excellence.
                    [(G) An organization promoting personal 
                finance or entrepreneurial education.]

[SEC. 5534. [20 U.S.C. 7267C] APPLICATIONS.

    [(a) Grantee Applications.--To be eligible to receive a 
grant under this subpart, the grantee shall submit to the 
Secretary an application at such time, in such manner, and 
accompanied by such information as the Secretary may require.
    [(b) Recipient Applications.--
            [(1) Submission.--To be eligible to receive a 
        subgrant under this section, a recipient shall submit 
        an application to the grantee at such time, in such 
        manner, and accompanied by such information as the 
        grantee may require.
            [(2) Review.--The grantee shall invite the 
        individuals described in paragraph (3) to review all 
        applications from recipients for a subgrant under this 
        section and to make recommendations to the grantee 
        regarding the approval of the applications.
            [(3) Reviewers.--The individuals described in this 
        paragraph are the following:
                            [(i) Leaders in the fields of 
                        economics and education.
                            [(ii)\39\ Such other individuals as 
                        the grantee determines to be necessary, 
                        especially members of the State and 
                        local business, banking, and finance 
                        communities.]

[SEC. 5535. [20 U.S.C. 7267D] REQUIREMENTS.

    [(a) Administrative Costs.--The grantee and each recipient 
receiving a subgrant under this subpart for a fiscal year may 
use not more than 5 percent of the funds made available through 
the grant or subgrant for administrative costs.
    [(b) Teacher Training Programs.--In carrying out the 
teacher training programs described in section 5533(b)(2)(A), a 
recipient shall--
            [(1) train teachers who teach a grade from 
        kindergarten through grade 12; and
            [(2) encourage teachers from disciplines other than 
        economics and financial literacy to participate in such 
        teacher training programs, if the training will promote 
        the economic and financial literacy of those teachers' 
        students.
    [(c) Involvement of Business Community.--In carrying out 
the activities assisted under this subpart, the grantee and 
recipients are strongly encouraged to--
            [(1) include interactions with the local business 
        community to the fullest extent possible to reinforce 
        the connection between economic and financial literacy 
        and economic development; and
            [(2) work with private businesses to obtain 
        matching contributions for Federal funds and assist 
        recipients in working toward self-sufficiency.
    [(d) Additional Requirements and Technical Assistance.--The 
grantee shall--
            [(1) meet such other requirements as the Secretary 
        determines to be necessary to assure compliance with 
        this section; and
            [(2) receive from the Secretary such technical 
        assistance as may be necessary to carry out this 
        section.]

[SEC. 5536. [20 U.S.C. 7267E] ADMINISTRATIVE PROVISIONS.

    [(a) Federal Share.--The Federal share of the cost 
described in section 5533(b)(2) shall be 50 percent.
    [(b) Payment of Non-Federal Share.--The non-Federal share 
may be paid in cash or in kind (fairly evaluated, including 
plant, equipment, or services).
    [(c) Reports to Congress.--Not later than 2 years after the 
date funds are first made available to carry out this subpart, 
and every 2 years thereafter, the Secretary shall submit to the 
appropriate committees of Congress a report regarding 
activities assisted under this subpart.]

[SEC. 5537. [20 U.S.C. 7267F] SUPPLEMENT, NOT SUPPLANT.

    [Funds made available to carry out this subpart shall be 
used to supplement, and not supplant, other Federal, State, and 
local funds expended for the purpose described in section 
5532(a).]

     [Subpart 14--Grants to Improve the Mental Health of Children]

[SEC. 5541. [20 U.S.C. 7269] GRANTS FOR THE INTEGRATION OF SCHOOLS AND 
                    MENTAL HEALTH SYSTEMS.

    [(a) Authorization.--The Secretary is authorized to award 
grants to, or enter into contracts or cooperative agreements 
with, State educational agencies, local educational agencies, 
or Indian tribes, for the purpose of increasing student access 
to quality mental health care by developing innovative programs 
to link local school systems with the local mental health 
system.
    [(b) Duration.--With respect to a grant, contract, or 
cooperative agreement awarded or entered into under this 
section, the period during which payments under such grant, 
contract or agreement are made to the recipient may not exceed 
5 years.
    [(c) Use of Funds.--A State educational agency, local 
educational agency, or Indian tribe that receives a grant, 
contract, or cooperative agreement under this section shall use 
amounts made available through such grant, contract, or 
cooperative agreement for the following:
            [(1) To enhance, improve, or develop collaborative 
        efforts between school-based service systems and mental 
        health service systems to provide, enhance, or improve 
        prevention, diagnosis, and treatment services to 
        students.
            [(2) To enhance the availability of crisis 
        intervention services, appropriate referrals for 
        students potentially in need of mental health services, 
        and ongoing mental health services.
            [(3) To provide training for the school personnel 
        and mental health professionals who will participate in 
        the program carried out under this section.
            [(4) To provide technical assistance and 
        consultation to school systems and mental health 
        agencies and families participating in the program 
        carried out under this section.
            [(5) To provide linguistically appropriate and 
        culturally competent services.
            [(6) To evaluate the effectiveness of the program 
        carried out under this section in increasing student 
        access to quality mental health services, and make 
        recommendations to the Secretary about sustainability 
        of the program.
    [(d) Applications.--To be eligible to receive a grant, 
contract, or cooperative agreement under this section, a State 
educational agency, local educational agency, or Indian tribe 
shall submit an application to the Secretary at such time, in 
such manner, and containing such information as the Secretary 
may reasonably require. The application shall include each of 
the following:
            [(1) A description of the program to be funded 
        under the grant, contract, or cooperative agreement.
            [(2) A description of how such program will 
        increase access to quality mental health services for 
        students.
            [(3) A description of how the applicant will 
        establish a crisis intervention program to provide 
        immediate mental health services to the school 
        community when necessary.
            [(4) An assurance that--
                    [(A) persons providing services under the 
                grant, contract, or cooperative agreement are 
                adequately trained to provide such services;
                    [(B) the services will be provided in 
                accordance with subsection (c);
                    [(C) teachers, principal administrators, 
                and other school personnel are aware of the 
                program; and
                    [(D) parents of students participating in 
                services under this section will be involved in 
                the design and implementation of the services.
            [(5) An explanation of how the applicant will 
        support and integrate existing school-based services 
        with the program to provide appropriate mental health 
        services for students.
            [(6) An explanation of how the applicant will 
        establish a program that will support students and the 
        school in maintaining an environment conducive to 
        learning.
    [(e) Interagency Agreements.--
            [(1) Designation of lead agency.--The recipient of 
        each grant, contract, or cooperative agreement shall 
        designate a lead agency to direct the establishment of 
        an interagency agreement among local educational 
        agencies, juvenile justice authorities, mental health 
        agencies, and other relevant entities in the State, in 
        collaboration with local entities and parents and 
        guardians of students.
            [(2) Contents.--The interagency agreement shall 
        ensure the provision of the services described in 
        subsection (c), specifying with respect to each agency, 
        authority, or entity--
                    [(A) the financial responsibility for the 
                services;
                    [(B) the conditions and terms of 
                responsibility for the services, including 
                quality, accountability, and coordination of 
                the services; and
                    [(C) the conditions and terms of 
                reimbursement among the agencies, authorities, 
                or entities that are parties to the interagency 
                agreement, including procedures for dispute 
                resolution.
    [(f) Evaluation.--The Secretary shall evaluate each program 
carried out by a State educational agency, local educational 
agency, or Indian tribe under this section and shall 
disseminate the findings with respect to each such evaluation 
to appropriate public and private entities.
    [(g) Distribution of Awards.--The Secretary shall ensure 
that grants, contracts, and cooperative agreements awarded or 
entered into under this section are equitably distributed among 
the geographical regions of the United States and among urban, 
suburban, and rural populations.
    [(h) Rule of Construction.--Nothing in Federal law shall be 
construed--
            [(1) to prohibit an entity involved with a program 
        carried out under this section from reporting a crime 
        that is committed by a student to appropriate 
        authorities; or
            [(2) to prevent State law enforcement and judicial 
        authorities from exercising their responsibilities with 
        regard to the application of Federal and State law to 
        crimes committed by a student.
    [(i) Supplement, Not Supplant.--Any services provided 
through programs carried out under this section must 
supplement, and not supplant, existing mental health services, 
including any services required to be provided under the 
Individuals with Disabilities Education Act (20 U.S.C. 1400 et 
seq.).]

[SEC. 5542. [20 U.S.C. 7269A] PROMOTION OF SCHOOL READINESS THROUGH 
                    EARLY CHILDHOOD EMOTIONAL AND SOCIAL DEVELOPMENT.

    [(a) Authorization.--The Secretary, in consultation with 
the Secretary of Health and Human Services, may award grants 
(to be known as ``Foundations for Learning Grants'') to local 
educational agencies, local councils, community-based 
organizations, and other public or nonprofit private entities 
to assist eligible children to become ready for school.
    [(b) Applications.--To be eligible to receive a grant under 
this section, a local educational agency, local council, 
community-based organization, or other public or nonprofit 
private entity, or a combination of such entities, shall submit 
an application to the Secretary at such time, in such manner, 
and accompanied by such information as the Secretary may 
reasonably require. The application shall include each of the 
following:
            [(1) A description of the population that the 
        applicant intends to serve and the types of services to 
        be provided under the grant.
            [(2) A description of the manner in which services 
        under the grant will be coordinated with existing 
        similar services provided by public and nonprofit 
        private entities within the State.
            [(3) An assurance that--
                    [(A) services under the grant shall be 
                provided by or under the supervision of 
                qualified professionals with expertise in early 
                childhood development;
                    [(B) such services shall be culturally 
                competent;
                    [(C) such services shall be provided in 
                accordance with subsection (c);
                    [(D) funds received under this section 
                shall be used to supplement, and not supplant, 
                non-Federal funds; and
                    [(E) parents of students participating in 
                services under this section will be involved in 
                the design and implementation of the services.
    [(c) Uses of Funds.--A local educational agency, local 
council, community-based organization, or other public or 
nonprofit private entity that receives funds under this section 
may use such funds to benefit eligible children, for one or 
more of the following:
            [(1) To deliver services to eligible children and 
        their families that foster eligible children's 
        emotional, behavioral, and social development and take 
        into consideration the characteristics described in 
        subsection (f)(1).
            [(2) To coordinate and facilitate access by 
        eligible children and their families to the services 
        available through community resources, including mental 
        health, physical health, substance abuse, educational, 
        domestic violence prevention, child welfare, and social 
        services.
            [(3) To provide ancillary services such as 
        transportation or child care in order to facilitate the 
        delivery of any other services or activities authorized 
        by this section.
            [(4) To develop or enhance early childhood 
        community partnerships and build toward a community 
        system of care that brings together child-serving 
        agencies or organizations to provide individualized 
        supports for eligible children and their families.
            [(5) To evaluate the success of strategies and 
        services provided pursuant to this section in promoting 
        young children's successful entry to school and to 
        maintain data systems required for effective 
        evaluations.
            [(6) To pay for the expenses of administering the 
        activities authorized under this section, including 
        assessment of children's eligibility for services.
    [(d) Limitations.--
            [(1) Services not otherwise funded.--A local 
        educational agency, local council, community-based 
        organization, or other public or nonprofit private 
        entity may use funds under this section only to pay for 
        services that cannot be paid for using other Federal, 
        State, or local public resources or through private 
        insurance.
            [(2) Administrative expenses.--A grantee may not 
        use more than 3 percent of the amount of the grant to 
        pay the administrative expenses described in subsection 
        (c)(6).
    [(e) Evaluations.--The Secretary shall directly evaluate, 
or enter into a contract for an outside evaluation of, each 
program carried out under this section and shall disseminate 
the findings with respect to such evaluation to appropriate 
public and private entities.
    [(f) Definitions.--In this section:
            [(1) Eligible child.--The term ``eligible child'' 
        means a child who has not attained the age of 7 years, 
        and to whom two or more of the following 
        characteristics apply:
                    [(A) The child has been abused, maltreated, 
                or neglected.
                    [(B) The child has been exposed to 
                violence.
                    [(C) The child has been homeless.
                    [(D) The child has been removed from child 
                care, Head Start, or preschool for behavioral 
                reasons or is at risk of being so removed.
                    [(E) The child has been exposed to parental 
                depression or other mental illness.
                    [(F) The family income with respect to the 
                child is below 200 percent of the poverty line.
                    [(G) The child has been exposed to parental 
                substance abuse.
                    [(H) The child has had early behavioral and 
                peer relationship problems.
                    [(I) The child had a low birth weight.
                    [(J) The child has a cognitive deficit or 
                developmental disability.
            [(2) Local council.--The term ``local council'' 
        means a council that is established or designated by a 
        local government entity, Indian tribe, regional 
        corporation, or native Hawaiian entity, as appropriate, 
        which is composed of representatives of local agencies 
        directly affected by early learning programs, parents, 
        key community leaders, and other individuals concerned 
        with early learning issues in the locality, such as 
        elementary education, child care resource and referral 
        services, early learning opportunities, child care, and 
        health services.
            [(3) Provider of early childhood services.--The 
        term ``provider of early childhood services'' means a 
        public or private entity that has regular contact with 
        young children, including child welfare agencies, child 
        care providers, Head Start and Early Head Start 
        providers, preschools, kindergartens, libraries, mental 
        health professionals, family courts, homeless shelters, 
        and primary care providers.]

                    [Subpart 15--Arts in Education]

[SEC. 5551. [20 U.S.C. 7271] ASSISTANCE FOR ARTS EDUCATION.

    [(a) Purposes.--The purposes of this subpart are the 
following:
            [(1) To support systemic education reform by 
        strengthening arts education as an integral part of the 
        elementary school and secondary school curriculum.
            [(2) To help ensure that all students meet 
        challenging State academic content standards and 
        challenging State student academic achievement 
        standards in the arts.
            [(3) To support the national effort to enable all 
        students to demonstrate competence in the arts.
    [(b) Authority.--The Secretary is authorized to make grants 
to, or enter into contracts or cooperative agreements with, 
eligible entities described in subsection (c).
    [(c) Eligible Entities.--The Secretary may make assistance 
available under subsection (b) to each of the following 
eligible entities:
            [(1) State educational agencies.
            [(2) Local educational agencies.
            [(3) Institutions of higher education.
            [(4) Museums or other cultural institutions.
            [(5) Any other public or private agencies, 
        institutions, or organizations.
    [(d) Use of Funds.--Assistance made available under this 
subpart may be used for any of the following:
            [(1) Research on arts education.
            [(2) Planning, developing, acquiring, expanding, 
        improving, or disseminating information about model 
        school-based arts education programs.
            [(3) The development of model State arts education 
        assessments based on State academic achievement 
        standards.
            [(4) The development and implementation of 
        curriculum frameworks for arts education.
            [(5) The development of model inservice 
        professional development programs for arts educators 
        and other instructional staff.
            [(6) Supporting collaborative activities with 
        Federal agencies or institutions involved in arts 
        education, arts educators, and organizations 
        representing the arts, including State and local arts 
        agencies involved in arts education.
            [(7) Supporting model projects and programs in the 
        performing arts for children and youth through 
        arrangements made with the John F. Kennedy Center for 
        the Performing Arts.
            [(8) Supporting model projects and programs by Very 
        Special Arts which assure the participation in 
        mainstream settings in arts and education programs of 
        individuals with disabilities.
            [(9) Supporting model projects and programs to 
        integrate arts education into the regular elementary 
        school and secondary school curriculum.
            [(10) Other activities that further the purposes of 
        this subpart.
    [(e) Special Rule.--If the amount made available to the 
Secretary to carry out this subpart for any fiscal year is 
$15,000,000 or less, then such amount shall only be available 
to carry out the activities described in paragraphs (7) and (8) 
of subsection (d).
    [(f) Conditions.--As conditions of receiving assistance 
made available under this subpart, the Secretary shall require 
each 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.
    [(g) Consultation.--In carrying out this subpart, 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).]

 [Subpart 16--Parental Assistance and Local Family Information Centers]

[SEC. 5561. [20 U.S.C. 7273] PURPOSES.

     [The purposes of this subpart are the following:
            [(1) To provide leadership, technical assistance, 
        and financial support to nonprofit organizations 
        (including statewide nonprofit organizations) and local 
        educational agencies to help the organizations and 
        agencies implement successful and effective parental 
        involvement policies, programs, and activities that 
        lead to improvements in student academic achievement.
            [(2) To strengthen partnerships among parents 
        (including parents of children from birth through age 
        5), teachers, principals, administrators, and other 
        school personnel in meeting the educational needs of 
        children.
            [(3) To develop and strengthen the relationship 
        between parents and their children's school.
            [(4) To further the developmental progress of 
        children assisted under this subpart.
            [(5) To coordinate activities funded under this 
        subpart with parental involvement initiatives funded 
        under section 1118 and other provisions of this Act.
            [(6) To provide a comprehensive approach to 
        improving student learning, through coordination and 
        integration of Federal, State, and local services and 
        programs.]

[SEC. 5562. [20 U.S.C. 7273A] GRANTS AUTHORIZED.

    [(a) Parental Information and Resource Centers.--The 
Secretary is authorized to award grants in each fiscal year to 
nonprofit organizations (including statewide nonprofit 
organizations), and consortia of such organizations and local 
educational agencies, to establish school-linked or school-
based parental information and resource centers that provide 
comprehensive training, information, and support to--
            [(1) parents of children enrolled in elementary 
        schools and secondary schools;
            [(2) individuals who work with the parents of 
        children enrolled in elementary schools and secondary 
        schools;
            [(3) State educational agencies, local educational 
        agencies, schools, organizations that support family-
        school partnerships (such as parent-teacher 
        associations and Parents as Teachers organizations), 
        and other organizations that carry out parent education 
        and family involvement programs; and
            [(4) parents of children from birth through age 5.
    [(b) Geographic Distribution.--In awarding grants under 
this subpart, the Secretary shall, to the extent practicable, 
ensure that such grants are distributed in all geographic 
regions of the United States.]

[SEC. 5563. [20 U.S.C. 7273B] APPLICATIONS.

    [(a) Submission.--Each nonprofit organization (including a 
statewide nonprofit organization), or a consortia of such an 
organization and a local educational agency, that desires a 
grant under this subpart shall submit an application to the 
Secretary at such time, in such manner, and accompanied by such 
information as the Secretary may require.
    [(b) Contents.--Each application submitted under subsection 
(a), at a minimum, shall include assurances that the 
organization or consortium will--
            [(1)(A) be governed by a board of directors the 
        membership of which includes parents; or
            [(B) be an organization or consortium that 
        represents the interests of parents;
            [(2) establish a special advisory committee the 
        membership of which includes--
                    [(A) parents of children enrolled in 
                elementary schools and secondary schools, who 
                shall constitute a majority of the members of 
                the special advisory committee;
                    [(B) representatives of education 
                professionals with expertise in improving 
                services for disadvantaged children; and
                    [(C) representatives of local elementary 
                schools and secondary schools, including 
                students and representatives from local youth 
                organizations;
            [(3) use at least 50 percent of the funds received 
        under this subpart in each fiscal year to serve areas 
        with high concentrations of low-income families, in 
        order to serve parents who are severely educationally 
        or economically disadvantaged;
            [(4) operate a center of sufficient size, scope, 
        and quality to ensure that the center is adequate to 
        serve the parents in the area;
            [(5) serve both urban and rural areas;
            [(6) design a center that meets the unique 
        training, information, and support needs of parents of 
        children enrolled in elementary schools and secondary 
        schools, particularly such parents who are 
        educationally or economically disadvantaged;
            [(7) demonstrate the capacity and expertise to 
        conduct the effective training, information, and 
        support activities for which assistance is sought;
            [(8) network with--
                    [(A) local educational agencies and 
                schools;
                    [(B) parents of children enrolled in 
                elementary schools and secondary schools;
                    [(C) parent training and information 
                centers assisted under section 671 of the 
                Individuals with Disabilities Education Act;
                    [(D) clearinghouses; and
                    [(E) other organizations and agencies;
            [(9) focus on serving parents of children enrolled 
        in elementary schools and secondary schools who are 
        parents of low-income, minority, and limited English 
        proficient children;
            [(10) use at least 30 percent of the funds received 
        under this subpart in each fiscal year to establish, 
        expand, or operate Parents as Teachers programs, Home 
        Instruction for Preschool Youngsters programs, or other 
        early childhood parent education programs;
            [(11) provide assistance to parents in areas such 
        as understanding State and local standards and measures 
        of student and school academic achievement;
            [(12) work with State educational agencies and 
        local educational agencies to determine parental needs 
        and the best means for delivery of services;
            [(13) identify and coordinate Federal, State, and 
        local services and programs that support improved 
        student learning, including programs supported under 
        this Act, violence prevention programs, nutrition 
        programs, housing programs, Head Start programs, adult 
        education, and job training; and
            [(14) work with and foster partnerships with other 
        agencies that provide programs and deliver services 
        described in paragraph (13) to make such programs and 
        services more accessible to children and families.]

[SEC. 5564. [20 U.S.C. 7273C] USES OF FUNDS.

    [(a) In General.--Grant funds received under this subpart 
shall be used for one or more of the following:
            [(1) To assist parents in participating effectively 
        in their children's education and to help their 
        children meet State and local standards, such as 
        assisting parents--
                    [(A) to engage in activities that will 
                improve student academic achievement, including 
                understanding the accountability systems in 
                place within their State educational agency and 
                local educational agency and understanding 
                their children's educational academic 
                achievement in comparison to State and local 
                standards;
                    [(B) to provide follow-up support for their 
                children's educational achievement;
                    [(C) to communicate effectively with 
                teachers, principals, counselors, 
                administrators, and other school personnel;
                    [(D) to become active participants in the 
                development, implementation, and review of 
                school-parent compacts, parent involvement 
                policies, and school planning and improvement;
                    [(E) to participate in the design and 
                provision of assistance to students who are not 
                making adequate academic progress;
                    [(F) to participate in State and local 
                decisionmaking; and
                    [(G) to train other parents (such as 
                training related to Parents as Teachers 
                activities).
            [(2) To obtain information about the range of 
        options, programs, services, and resources available at 
        the national, State, and local levels to assist parents 
        and school personnel who work with parents.
            [(3) To help the parents learn and use the 
        technology applied in their children's education.
            [(4) To plan, implement, and fund activities for 
        parents that coordinate the education of their children 
        with other Federal, State, and local services and 
        programs that serve their children or their families.
            [(5) To provide support for State or local 
        educational personnel, if the participation of such 
        personnel will further the activities assisted under 
        the grant.
            [(6) To coordinate and integrate early childhood 
        programs with school-age programs.
    [(b) Permissive Activities.--Grant funds received under 
this subpart may be used to assist schools with activities 
including one or more of the following:
            [(1) Developing and implementing the schools' plans 
        or activities under sections 1118 and 1119.
            [(2) Developing and implementing school improvement 
        plans, including addressing problems that develop in 
        the implementation of the schools' plans or activities 
        under sections 1118 and 1119.
            [(3) Providing information about assessment and 
        individual results to parents in a manner and a 
        language the family can understand.
            [(4) Coordinating the efforts of Federal, State, 
        and local parent education and family involvement 
        initiatives.
            [(5) Providing training, information, and support 
        to--
                    [(A) State educational agencies;
                    [(B) local educational agencies and 
                schools, especially low-performing local 
                educational agencies and schools; and
                    [(C) organizations that support family-
                school partnerships.]

[SEC. 5565. [20 U.S.C. 7273D] ADMINISTRATIVE PROVISIONS.

    [(a) Matching Funds for Grant Renewal.--For each fiscal 
year after the first fiscal year in which an organization or 
consortium receives assistance under this subpart, the 
organization or consortium shall demonstrate in the application 
submitted for such fiscal year, that a portion of the services 
provided by the organization or consortium is supported through 
non-Federal contributions, which contributions may be in cash 
or in kind.
    [(b) Submission of Information.--
            [(1) In general.--Each organization or consortium 
        receiving assistance under this subpart shall submit to 
        the Secretary, on an annual basis, information 
        concerning the parental information and resource 
        centers assisted under this subpart, including the 
        following information:
                    [(A) The number of parents (including the 
                number of minority and limited English 
                proficient parents) who receive information and 
                training.
                    [(B) The types and modes of training, 
                information, and support provided under this 
                subpart.
                    [(C) The strategies used to reach and serve 
                parents of minority and limited English 
                proficient children, parents with limited 
                literacy skills, and other parents in need of 
                the services provided under this subpart.
                    [(D) The parental involvement policies and 
                practices used by the center and an evaluation 
                of whether such policies and practices are 
                effective in improving home-school 
                communication, student academic achievement, 
                student and school academic achievement, and 
                parental involvement in school planning, 
                review, and improvement.
                    [(E) The effectiveness of the activities 
                that local educational agencies and schools are 
                carrying out, with regard to parental 
                involvement and other activities assisted under 
                this Act, that lead to improved student 
                academic achievement and improved student and 
                school academic achievement.
            [(2) Dissemination.--The Secretary shall 
        disseminate annually to Congress and the public the 
        information that each organization or consortium 
        submits under paragraph (1).
    [(c) Technical Assistance.--The Secretary shall provide 
technical assistance, by grant or contract, for the 
establishment, development, and coordination of parent 
training, information, and support programs and parental 
information and resource centers.
    [(d) Rule of Construction.--Nothing in this subpart shall 
be construed to prohibit a parental information and resource 
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.
    [(e) Parental Rights.--Notwithstanding any other provision 
of this subpart--
            [(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 subpart; and
            [(2) no program or center assisted under this 
        subpart shall take any action that infringes in any 
        manner on the right of a parent to direct the education 
        of their children.
    [(f) Continuation of Awards.--The Secretary shall use funds 
made available under this subpart to continue to make grant or 
contract payments to each entity that was awarded a multiyear 
grant or contract under title IV of the Goals 2000: Educate 
America Act (as such title was in effect on the day before the 
date of enactment of the No Child Left Behind Act of 2001) for 
the duration of the grant or contract award.]

[SEC. 5566. [20 U.S.C. 7273E] LOCAL FAMILY INFORMATION CENTERS.

    [(a) In General.--If the amount made available to carry out 
this subpart for a fiscal year is more than $50,000,000, the 
Secretary is authorized to award 50 percent of the amount that 
exceeds $50,000,000 as grants to, and enter into contracts and 
cooperative agreements with, local nonprofit parent 
organizations to enable the organizations to support local 
family information centers that help ensure that parents of 
students in elementary schools and secondary schools assisted 
under this subpart have the training, information, and support 
the parents need to enable the parents to participate 
effectively in their children's early childhood education, in 
their children's elementary and secondary education, and in 
helping their children to meet challenging State academic 
content and student academic achievement standards.
    [(b) Local Nonprofit Parent Organization Defined.--In this 
section, the term ``local nonprofit parent organization'' means 
a private nonprofit organization (other than an institution of 
higher education) that--
            [(1) has a demonstrated record of working with low-
        income individuals and parents;
            [(2)(A) has a board of directors, the majority of 
        whom are parents of students in elementary schools and 
        secondary schools assisted under part A of title I and 
        located in the geographic area to be served by a local 
        family information center; or
            [(B) has a special governing committee to direct 
        and implement a local family information center, a 
        majority of the members of whom are parents of students 
        in schools assisted under part A of title I; and
            [(3) is located in a community with elementary 
        schools and secondary schools that receive funds under 
        part A of title I, and is accessible to the families of 
        students in those schools.]

               [Subpart 17--Combatting Domestic Violence]

[SEC. 5571. [20 U.S.C. 7275] GRANTS TO COMBAT THE IMPACT OF 
                    EXPERIENCING OR WITNESSING DOMESTIC VIOLENCE ON 
                    ELEMENTARY AND SECONDARY SCHOOL CHILDREN.

    [(a) Definitions.--In this section:
            [(1) Domestic violence.--The term ``domestic 
        violence'' has the meaning given that term in section 
        2003 of the Omnibus Crime Control and Safe Streets Act 
        of 1968 (42 U.S.C. 3796gg-2).
            [(2) Expert.--The term ``expert'' means--
                    [(A) an expert on domestic violence, sexual 
                assault, and child abuse from the educational, 
                legal, youth, mental health, substance abuse, 
                or victim advocacy field; and
                    [(B) a State or local domestic violence 
                coalition or community-based youth 
                organization.
            [(3) Witness domestic violence.--
                    [(A) In general.--The term ``witness 
                domestic violence'' means to witness--
                            [(i) an act of domestic violence 
                        that constitutes actual or attempted 
                        physical assault; or
                            [(ii) a threat or other action that 
                        places the victim in fear of domestic 
                        violence.
                    [(B) Witness.--In subparagraph (A), the 
                term ``witness'' means--
                            [(i) to directly observe an act, 
                        threat, or action described in 
                        subparagraph (A), or the aftermath of 
                        that act, threat, or action; or
                            [(ii) to be within earshot of an 
                        act, threat, or action described in 
                        subparagraph (A), or the aftermath of 
                        that act, threat, or action.
    [(b) Grants Authorized.--
            [(1) Authority.--The Secretary is authorized to 
        award grants to local educational agencies that work 
        with experts to enable the elementary schools and 
        secondary schools served by the local educational 
        agency--
                    [(A) to provide training to school 
                administrators, faculty, and staff, with 
                respect to issues concerning children who 
                experience domestic violence in dating 
                relationships or who witness domestic violence, 
                and the impact of the violence on the children;
                    [(B) to provide educational programming for 
                students regarding domestic violence and the 
                impact of experiencing or witnessing domestic 
                violence on children;
                    [(C) to provide support services for 
                students and school personnel to develop and 
                strengthen effective prevention and 
                intervention strategies with respect to issues 
                concerning children who experience domestic 
                violence in dating relationships or who witness 
                domestic violence, and the impact of the 
                violence on the children; and
                    [(D) to develop and implement school system 
                policies regarding appropriate and safe 
                responses to, identification of, and referral 
                procedures for, students who are experiencing 
                or witnessing domestic violence.
            [(2) Award basis.--The Secretary is authorized to 
        award grants under this section--
                    [(A) on a competitive basis; and
                    [(B) in a manner that ensures that such 
                grants are equitably distributed among local 
                educational agencies located in rural, urban, 
                and suburban areas.
            [(3) Policy dissemination.--The Secretary shall 
        disseminate to local educational agencies any 
        Department policy guidance regarding the prevention of 
        domestic violence and the impact on children of 
        experiencing or witnessing domestic violence.
    [(c) Uses of Funds.--Funds made available to carry out this 
subpart may be used for one or more of the following purposes:
            [(1) To provide training for elementary school and 
        secondary school administrators, faculty, and staff 
        that addresses issues concerning elementary school and 
        secondary school students who experience domestic 
        violence in dating relationships or who witness 
        domestic violence, and the impact of such violence on 
        those students.
            [(2) To provide education programs for elementary 
        school and secondary school students that are 
        developmentally appropriate for the students' grade 
        levels and are designed to meet any unique cultural and 
        language needs of the particular student populations.
            [(3) To develop and implement elementary school and 
        secondary school system policies regarding--
                    [(A) appropriate and safe responses to, 
                identification of, and referral procedures for, 
                students who are experiencing or witnessing 
                domestic violence; and
                    [(B) to develop and implement policies on 
                reporting and referral procedures for those 
                students.
            [(4) To provide the necessary human resources to 
        respond to the needs of elementary school and secondary 
        school students and personnel who are faced with the 
        issue of domestic violence, such as a resource person 
        who is either on-site or on-call and who is an expert.
            [(5) To provide media center materials and 
        educational materials to elementary schools and 
        secondary schools that address issues concerning 
        children who experience domestic violence in dating 
        relationships or who witness domestic violence, and the 
        impact of the violence on those children.
            [(6) To conduct evaluations to assess the impact of 
        programs and policies assisted under this subpart in 
        order to enhance the development of the programs.
    [(d) Confidentiality.--Policies, programs, training 
materials, and evaluations developed and implemented under 
subsection (c) shall address issues of safety and 
confidentiality for the victim and the victim's family in a 
manner consistent with applicable Federal and State laws.
    [(e) Application.--To be eligible for a grant under this 
section for a fiscal year, a local educational agency, in 
consultation with an expert, shall submit an application to the 
Secretary at such time, in such manner, and containing such 
information as the Secretary may require. The application shall 
include each of the following:
            [(1) A description of the need for funds provided 
        under the grant and the plan for implementation of any 
        of the activities described in subsection (c).
            [(2) A description of how the experts will work in 
        consultation and collaboration with the local 
        educational agency.
            [(3) Measurable objectives for, and expected 
        results from, the use of the funds provided under the 
        grant.
            [(4) Provisions for appropriate remuneration for 
        collaborating partners.]

            [Subpart 18--Healthy, High-Performance Schools]

[SEC. 5581. [20 U.S.C. 7277] GRANT PROGRAM AUTHORIZED.

    [The Secretary, in consultation with the Secretary of 
Energy and the Administrator of the Environmental Protection 
Agency, is authorized to award grants to State educational 
agencies to permit such State educational agencies to carry out 
section 5582.]

[SEC. 5582. [20 U.S.C. 7277A] STATE USES OF FUNDS.

    [(a) Subgrants.--
            [(1) In general.--A State educational agency 
        receiving a grant under this subpart shall use funds 
        made available under the grant to award subgrants to 
        local educational agencies to permit such local 
        educational agencies to carry out the activities 
        described in section 5583.
            [(2) Limitation.--A State educational agency shall 
        award subgrants under this subsection to local 
        educational agencies that are the neediest, as 
        determined by the State, and that have made a 
        commitment to develop healthy, high-performance school 
        buildings in accordance with the plan developed and 
        approved under paragraph (3)(A).
            [(3) Implementation.--
                    [(A) Plans.--A State educational agency 
                shall award subgrants under this subsection 
                only to local educational agencies that, in 
                consultation with the State educational agency 
                and State agencies with responsibilities 
                relating to energy and health, have developed 
                plans that the State educational agency 
                determines to be feasible and appropriate in 
                order to achieve the purposes for which the 
                subgrants are made.
                    [(B) Supplementing grant funds.--The State 
                educational agency shall encourage local 
                educational agencies that receive subgrants 
                under this subsection to supplement their 
                subgrant funds with funds from other sources in 
                order to implement their plans.
    [(b) Administration.--A State educational agency receiving 
a grant under this subpart shall use the grant funds made 
available under this subpart for one or more of the following:
            [(1) To evaluate compliance by local educational 
        agencies with the requirements of this subpart.
            [(2) To distribute information and materials on 
        healthy, high-performance school buildings for both new 
        and existing facilities.
            [(3) To organize and conduct programs for school 
        board members, school district personnel, and others to 
        disseminate information on healthy, high-performance 
        school buildings.
            [(4) To provide technical services and assistance 
        in planning and designing healthy, high-performance 
        school buildings.
            [(5) To collect and monitor information pertaining 
        to healthy, high-performance school building projects.]

[SEC. 5583. [20 U.S.C. 7277B] LOCAL USES OF FUNDS.

    [(a) In General.--A local educational agency that receives 
a subgrant under section 5582(a) shall use the subgrant funds 
to plan and prepare for healthy, high-performance school 
building projects that--
            [(1) reduce energy use to at least 30 percent below 
        that of a school constructed in compliance with 
        standards prescribed in chapter 8 of the 2000 
        International Energy Conservation Code, or a similar 
        State code intended to achieve substantially equivalent 
        results;
            [(2) meet Federal and State health and safety 
        codes; and
            [(3) support healthful, energy efficient, and 
        environmentally sound practices.
    [(b) Use of Funds.--A local educational agency that 
receives a subgrant under section 5582(a) shall use funds for 
one or more of the following:
            [(1) To develop a comprehensive energy audit of the 
        energy consumption characteristics of a building and 
        the need for additional energy conservation measures 
        necessary to allow schools to meet the guidelines set 
        out in subsection (a).
            [(2) To produce a comprehensive analysis of 
        building strategies, designs, materials, and equipment 
        that--
                    [(A) are cost effective, produce greater 
                energy efficiency, and enhance indoor air 
                quality; and
                    [(B) can be used when conducting school 
                construction and renovation or purchasing 
                materials and equipment.
            [(3) To obtain research and provide technical 
        services and assistance in planning and designing 
        healthy, high-performance school buildings, including 
        developing a timeline for implementation of such 
        plans.]

[SEC. 5584. [20 U.S.C. 7277C] REPORT TO CONGRESS.

    [The Secretary shall conduct a biennial review of State 
actions implementing this subpart and carrying out the plans 
developed under this subpart through State and local funding, 
and shall submit a report to Congress on the results of such 
reviews.]

[SEC. 5585. [20 U.S.C. 7277D] LIMITATIONS.

     [No funds received under this subpart may be used for any 
of the following:
            [(1) Payment of maintenance of costs in connection 
        with any projects constructed in whole or in part with 
        Federal funds provided under this subpart.
            [(2) Construction, renovation, or repair of school 
        facilities.
            [(3) Construction, renovation, repair, or 
        acquisition of a stadium or other facility primarily 
        used for athletic contests or exhibitions, or other 
        events for which admission is charged to the general 
        public.]

[SEC. 5586. [20 U.S.C. 7277E] HEALTHY, HIGH-PERFORMANCE SCHOOL BUILDING 
                    DEFINED.

     [In this subpart, the term ``healthy, high-performance 
school building'' means a school building in which the design, 
construction, operation, and maintenance--
            [(1) use energy-efficient and affordable practices 
        and materials;
            [(2) are cost-effective;
            [(3) enhance indoor air quality; and
            [(4) protect and conserve water.]

    [Subpart 19--Grants for Capital Expenses of Providing Equitable 
                 Services for Private School Students]

[SEC. 5591. [20 U.S.C. 7279] GRANT PROGRAM AUTHORIZED.

    [The Secretary is authorized to award grants to State 
educational agencies, from allotments made under section 5593, 
to enable the State educational agencies to award subgrants to 
local educational agencies to pay for capital expenses in 
accordance with this subpart.]

[SEC. 5592. [20 U.S.C. 7279A] USES OF FUNDS.

    [A local educational agency that receives a subgrant under 
this subpart shall use the subgrant funds only to pay for 
capital expenses incurred in providing equitable services for 
private school students under section 1120.]

[SEC. 5593. [20 U.S.C. 7279B] ALLOTMENTS TO STATES.

    [From the funds made available to carry out this subpart 
for a fiscal year, the Secretary shall allot to each State an 
amount that bears the same ratio to the funds made available as 
the number of private school students who received services 
under part A of title I in the State in the most recent year 
for which data, satisfactory to the Secretary, are available 
bears to the number of such students in all States in such 
year.]

[SEC. 5594. [20 U.S.C. 7279C] SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

    [(a) Applications.--A local educational agency that desires 
to receive a subgrant under this subpart shall submit an 
application to the State educational agency involved at such 
time, in such manner, and containing such information as the 
State educational agency may require.
    [(b) Distribution.--A State educational agency shall award 
subgrants to local educational agencies within the State based 
on the degree of need set forth in their respective 
applications submitted under subsection (a).]

[SEC. 5595. [20 U.S.C. 7279D] CAPITAL EXPENSES DEFINED.

     [In this subpart, the term ``capital expenses'' means--
            [(1) expenditures for noninstructional goods and 
        services, such as the purchase, lease, or renovation of 
        real and personal property, including mobile 
        educational units and leasing of neutral sites or 
        spaces;
            [(2) insurance and maintenance costs;
            [(3) transportation; and
            [(4) other comparable goods and services.]

[SEC. 5596. [20 U.S.C. 7279E] TERMINATION.

    [The authority provided by this subpart terminates 
effective October 1, 2003.]

   [Subpart 20--Additional Assistance for Certain Local Educational 
           Agencies Impacted by Federal Property Acquisition]

[SEC. 5601. [20 U.S.C. 7281] RESERVATION.

    [The Secretary is authorized to provide additional 
assistance to meet special circumstances relating to the 
provision of education in local educational agencies eligible 
to receive assistance under section 8002.]

[SEC. 5602. [20 U.S.C. 7281A] ELIGIBILITY.

     [A local educational agency is eligible to receive 
additional assistance under this subpart only if such agency--
            [(1) received a payment under both section 8002 and 
        section 8003(b) for fiscal year 1996 and is eligible to 
        receive payments under those sections for the year of 
        application;
            [(2) provided a free public education to children 
        described under subparagraph (A), (B), or (D) of 
        section 8003(a)(1);
            [(3) had a military installation located within the 
        geographic boundaries of the local educational agency 
        that was closed as a result of base closure or 
        realignment and, at the time at which the agency is 
        applying for a payment under this subpart, the agency 
        does not have a military installation located within 
        its geographic boundaries;
            [(4) remains responsible for the free public 
        education of children residing in housing located on 
        Federal property within the boundaries of the closed 
        military installation but whose parents are on active 
        duty in the uniformed services and assigned to a 
        military activity located within the boundaries of an 
        adjoining local educational agency; and
            [(5) demonstrates to the satisfaction of the 
        Secretary that such agency's per-pupil revenue derived 
        from local sources for current expenditures is not less 
        than that revenue for the preceding fiscal year.]

[SEC. 5603. [20 U.S.C. 7281B] MAXIMUM AMOUNT.

    [(a) Maximum Amount.--The maximum amount that a local 
educational agency is eligible to receive under this subpart 
for any fiscal year, when combined with its payment under 
section 8002(b), shall not be more than 50 percent of the 
maximum amount determined under section 8002(b).
    [(b) Insufficient Funds.--If funds appropriated under 
section 5401 are insufficient to pay the amount determined 
under subsection (a), the Secretary shall ratably reduce the 
payment to each local educational agency eligible under this 
subpart.
    [(c) Excess Funds.--If funds appropriated under section 
5401 are in excess of the amount determined under subsection 
(a), the Secretary shall ratably distribute any excess funds to 
all local educational agencies eligible for payment under 
section 8002(b).]

              [Subpart 21--Women's Educational Equity Act]

[SEC. 5611. [20 U.S.C. 7283] SHORT TITLE AND FINDINGS.

    [(a) Short Title.--This subpart may be cited as the 
``Women's Educational Equity Act of 2001''.
    [(b) Findings.--Congress finds that--
            [(1) since the enactment of title IX of the 
        Education Amendments of 1972, women and girls have made 
        strides in educational achievement and in their ability 
        to avail themselves of educational opportunities;
            [(2) because of funding provided under the Women's 
        Educational Equity Act of 2001, more curricula, 
        training, and other educational materials concerning 
        educational equity for women and girls are available 
        for national dissemination;
            [(3) teaching and learning practices in the United 
        States are frequently inequitable as such practices 
        relate to women and girls, for example--
                    [(A) sexual harassment, particularly that 
                experienced by girls, undermines the ability of 
                schools to provide a safe and equitable 
                learning or workplace environment;
                    [(B) classroom textbooks and other 
                educational materials do not sufficiently 
                reflect the experiences, achievements, or 
                concerns of women and, in most cases, are not 
                written by women or persons of color;
                    [(C) girls do not take as many mathematics 
                and science courses as boys, girls lose 
                confidence in their mathematics and science 
                ability as girls move through adolescence, and 
                there are few women role models in the 
                sciences; and
                    [(D) pregnant and parenting teenagers are 
                at high risk for dropping out of school and 
                existing dropout prevention programs do not 
                adequately address the needs of such teenagers;
            [(4) efforts to improve the quality of public 
        education also must include efforts to ensure equal 
        access to quality education programs for all women and 
        girls;
            [(5) Federal support should address not only 
        research and development of innovative model curricula 
        and teaching and learning strategies to promote gender 
        equity, but should also assist schools and local 
        communities implement gender equitable practices;
            [(6) Federal assistance for gender equity must be 
        tied to systemic reform, involve collaborative efforts 
        to implement effective gender practices at the local 
        level, and encourage parental participation; and
            [(7) excellence in education, high educational 
        achievements and standards, and the full participation 
        of women and girls in American society, cannot be 
        achieved without educational equity for women and 
        girls.

[SEC. 5612. [20 U.S.C. 7283A] STATEMENT OF PURPOSE.

     [It is the purpose of this subpart--
            [(1) to promote gender equity in education in the 
        United States;
            [(2) to provide financial assistance to enable 
        educational agencies and institutions to meet the 
        requirements of title IX of the Educational Amendments 
        of 1972; and
            [(3) to promote equity in education for women and 
        girls who suffer from multiple forms of discrimination 
        based on sex, race, ethnic origin, limited English 
        proficiency, disability, or age.]

[SEC. 5613. [20 U.S.C. 7283B] PROGRAMS AUTHORIZED.

    [(a) In General.--The Secretary is authorized--
            [(1) to promote, coordinate, and evaluate gender 
        equity policies, programs, activities, and initiatives 
        in all Federal education programs and offices;
            [(2) to develop, maintain, and disseminate 
        materials, resources, analyses, and research relating 
        to education equity for women and girls;
            [(3) to provide information and technical 
        assistance to assure the effective implementation of 
        gender equity programs;
            [(4) to coordinate gender equity programs and 
        activities with other Federal agencies with 
        jurisdiction over education and related programs;
            [(5) to assist the Director of the Institute of 
        Education Sciences in identifying research priorities 
        related to education equity for women and girls; and
            [(6) to perform any other activities consistent 
        with achieving the purposes of this subpart.
    [(b) Grants Authorized.--
            [(1) In general.--The Secretary is authorized to 
        award grants to, and enter into contracts and 
        cooperative agreements with, public agencies, private 
        nonprofit agencies, organizations, institutions, 
        student groups, community groups, and individuals, for 
        a period not to exceed 4 years, to--
                    [(A) provide grants to develop model equity 
                programs; and
                    [(B) provide funds for the implementation 
                of equity programs in schools throughout the 
                Nation.
            [(2) Support and technical assistance.--To achieve 
        the purposes of this subpart, the Secretary is 
        authorized to provide support and technical 
        assistance--
                    [(A) to implement effective gender-equity 
                policies and programs at all educational 
                levels, including--
                            [(i) assisting educational agencies 
                        and institutions to implement policies 
                        and practices to comply with title IX 
                        of the Education Amendments of 1972;
                            [(ii) training for teachers, 
                        counselors, administrators, and other 
                        school personnel, especially preschool 
                        and elementary school personnel, in 
                        gender equitable teaching and learning 
                        practices;
                            [(iii) leadership training for 
                        women and girls to develop professional 
                        and marketable skills to compete in the 
                        global marketplace, improve self-
                        esteem, and benefit from exposure to 
                        positive role models;
                            [(iv) school-to-work transition 
                        programs, guidance and counseling 
                        activities, and other programs to 
                        increase opportunities for women and 
                        girls to enter a technologically 
                        demanding workplace and, in particular, 
                        to enter highly skilled, high paying 
                        careers in which women and girls have 
                        been underrepresented;
                            [(v) enhancing educational and 
                        career opportunities for those women 
                        and girls who suffer multiple forms of 
                        discrimination, based on sex, and on 
                        race, ethnic origin, limited English 
                        proficiency, disability, socioeconomic 
                        status, or age;
                            [(vi) assisting pregnant students 
                        and students rearing children to remain 
                        in or to return to secondary school, 
                        graduate, and prepare their preschool 
                        children to start school;
                            [(vii) evaluating exemplary model 
                        programs to assess the ability of such 
                        programs to advance educational equity 
                        for women and girls;
                            [(viii) introduction into the 
                        classroom of textbooks, curricula, and 
                        other materials designed to achieve 
                        equity for women and girls;
                            [(ix) programs and policies to 
                        address sexual harassment and violence 
                        against women and girls and to ensure 
                        that educational institutions are free 
                        from threats to the safety of students 
                        and personnel;
                            [(x) nondiscriminatory tests of 
                        aptitude and achievement and of 
                        alternative assessments that eliminate 
                        biased assessment instruments from use;
                            [(xi) programs to increase 
                        educational opportunities, including 
                        higher education, vocational training, 
                        and other educational programs for low-
                        income women, including underemployed 
                        and unemployed women, and women 
                        receiving assistance under a State 
                        program funded under part A of title IV 
                        of the Social Security Act;
                            [(xii) programs to improve 
                        representation of women in educational 
                        administration at all levels; and
                            [(xiii) planning, development, and 
                        initial implementation of--
                                    [(I) comprehensive 
                                institutionwide or districtwide 
                                evaluation to assess the 
                                presence or absence of gender 
                                equity in educational settings;
                                    [(II) comprehensive plans 
                                for implementation of equity 
                                programs in State educational 
                                agencies and local educational 
                                agencies and institutions of 
                                higher education, including 
                                community colleges; and
                                    [(III) innovative 
                                approaches to school-community 
                                partnerships for educational 
                                equity; and
                    [(B) for research and development, which 
                shall be coordinated with each of the National 
                Education Centers of the Institute of Education 
                Sciences to avoid duplication of research 
                efforts, designed to advance gender equity 
                nationwide and to help make policies and 
                practices in educational agencies and 
                institutions, and local communities, gender 
                equitable, including--
                            [(i) research and development of 
                        innovative strategies and model 
                        training programs for teachers and 
                        other education personnel;
                            [(ii) the development of high-
                        quality and challenging assessment 
                        instruments that are nondiscriminatory;
                            [(iii) the development and 
                        evaluation of model curricula, 
                        textbooks, software, and other 
                        educational materials to ensure the 
                        absence of gender stereotyping and 
                        bias;
                            [(iv) the development of 
                        instruments and procedures that employ 
                        new and innovative strategies to assess 
                        whether diverse educational settings 
                        are gender equitable;
                            [(v) the development of instruments 
                        and strategies for evaluation, 
                        dissemination, and replication of 
                        promising or exemplary programs 
                        designed to assist local educational 
                        agencies in integrating gender equity 
                        in their educational policies and 
                        practices;
                            [(vi) updating high-quality 
                        educational materials previously 
                        developed through awards made under 
                        this subpart;
                            [(vii) the development of policies 
                        and programs to address and prevent 
                        sexual harassment and violence to 
                        ensure that educational institutions 
                        are free from threats to safety of 
                        students and personnel;
                            [(viii) the development and 
                        improvement of programs and activities 
                        to increase opportunity for women, 
                        including continuing educational 
                        activities, vocational education, and 
                        programs for low-income women, 
                        including underemployed and unemployed 
                        women, and women receiving assistance 
                        under the State program funded under 
                        part A of title IV of the Social 
                        Security Act; and
                            [(ix) the development of guidance 
                        and counseling activities, including 
                        career education programs, designed to 
                        ensure gender equity.]

[SEC. 5614. [20 U.S.C. 7283C] APPLICATIONS.

     [An application under this subpart shall--
            [(1) set forth policies and procedures that will 
        ensure a comprehensive evaluation of the activities 
        assisted under this subpart, including an evaluation of 
        the practices, policies, and materials used by the 
        applicant and an evaluation or estimate of the 
        continued significance of the work of the project 
        following completion of the award period;
            [(2) demonstrate how the applicant will address 
        perceptions of gender roles based on cultural 
        differences or stereotypes;
            [(3) for applications for assistance under section 
        5613(b)(1), demonstrate how the applicant will foster 
        partnerships and, where applicable, share resources 
        with State educational agencies, local educational 
        agencies, institutions of higher education, community-
        based organizations (including organizations serving 
        women), parent, teacher, and student groups, 
        businesses, or other recipients of Federal educational 
        funding which may include State literacy resource 
        centers;
            [(4) for applications for assistance under section 
        5613(b)(1), demonstrate how parental involvement in the 
        project will be encouraged; and
            [(5) for applications for assistance under section 
        5613(b)(1), describe plans for continuation of the 
        activities assisted under this subpart with local 
        support following completion of the grant period and 
        termination of Federal support under this subpart.]

[SEC. 5615. [20 U.S.C. 7283D] CRITERIA AND PRIORITIES.

    [(a) Criteria and Priorities.--
            [(1) In general.--The Secretary shall establish 
        separate criteria and priorities for awards under 
        paragraphs (1) and (2) of section 5613(b) to ensure 
        that funds under this subpart are used for programs 
        that most effectively will achieve the purposes of this 
        subpart.
            [(2) Criteria.--The criteria described in paragraph 
        (1) may include the extent to which the activities 
        assisted under this subpart--
                    [(A) address the needs of women and girls 
                of color and women and girls with disabilities;
                    [(B) meet locally defined and documented 
                educational equity needs and priorities, 
                including compliance with title IX of the 
                Education Amendments of 1972;
                    [(C) are a significant component of a 
                comprehensive plan for educational equity and 
                compliance with title IX of the Education 
                Amendments of 1972 in the particular school 
                district, institution of higher education, 
                vocational-technical institution, or other 
                educational agency or institution; and
                    [(D) implement an institutional change 
                strategy with long-term impact that will 
                continue as a central activity of the applicant 
                after the grant under this subpart has 
                terminated.
    [(b) Priorities.--In awarding grants under this subpart, 
the Secretary may give special consideration to applications--
            [(1) submitted by applicants that have not received 
        assistance under this subpart or this subpart's 
        predecessor authorities;
            [(2) for projects that will contribute 
        significantly to directly improving teaching and 
        learning practices in the local community; and
            [(3) for projects that will--
                    [(A) provide for a comprehensive approach 
                to enhancing gender equity in educational 
                institutions and agencies;
                    [(B) draw on a variety of resources, 
                including the resources of local educational 
                agencies, community-based organizations, 
                institutions of higher education, and private 
                organizations;
                    [(C) implement a strategy with long-term 
                impact that will continue as a central activity 
                of the applicant after the grant under this 
                subpart has terminated;
                    [(D) address issues of national 
                significance that can be duplicated; and
                    [(E) address the educational needs of women 
                and girls who suffer multiple or compound 
                discrimination based on sex and on race, ethnic 
                origin, disability, or age.
    [(c) Special Rule.--To the extent feasible, the Secretary 
shall ensure that grants awarded under this subpart for each 
fiscal year address--
            [(1) all levels of education, including preschool, 
        elementary and secondary education, higher education, 
        vocational education, and adult education;
            [(2) all regions of the United States; and
            [(3) urban, rural, and suburban educational 
        institutions.
    [(d) Coordination.--Research activities supported under 
this subpart--
            [(1) shall be carried out in consultation with the 
        Institute of Education Sciences to ensure that such 
        activities are coordinated with and enhance the 
        research and development activities supported by the 
        Institute; and
            [(2) may include collaborative research activities 
        which are jointly funded and carried out with the 
        Institute of Education Sciences.
    [(e) Limitation.--Nothing in this subpart shall be 
construed as prohibiting men and boys from participating in any 
programs or activities assisted with funds under this subpart.]

[SEC. 5616. [20 U.S.C. 7283E] REPORT.

    [Not later than January 1, 2006, the Secretary shall submit 
to the President and Congress a report on the status of 
educational equity for girls and women in the Nation.]

[SEC. 5617. [20 U.S.C. 7283F] ADMINISTRATION.

    [(a) Evaluation and Dissemination.--Not later than January 
1, 2005, the Secretary shall evaluate and disseminate materials 
and programs developed under this subpart and shall report to 
Congress regarding such evaluation materials and programs.
    [(b) Program Operations.--The Secretary shall ensure that 
the activities assisted under this subpart are administered 
within the Department by a person who has recognized 
professional qualifications and experience in the

[SEC. 5618. [20 U.S.C. 7283G] AMOUNT.

    [From amounts made available to carry out this subpart for 
a fiscal year, not less than two-thirds of such amount shall be 
used to carry out the activities described in section 
5613(b)(1).]

         PART C--SUPPORTING HIGH-ABILITY LEARNERS AND LEARNING

SEC. 5301. SHORT TITLE.

     This part may be cited as the ``Jacob K. Javits Gifted and 
Talented Students Education Act of 2015''.

SEC. 5302. PURPOSE.

     The purpose of this part is to initiate a coordinated 
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 meet the special educational needs of 
gifted and talented students.

SEC. 5303. RULE OF CONSTRUCTION.

     Nothing in this part shall be construed to prohibit a 
recipient of funds under this part from serving gifted and 
talented students simultaneously with students with similar 
educational needs, in the same educational settings, where 
appropriate.

SEC. 5304. AUTHORIZED PROGRAMS.

    (a) Establishment of Program.--
            (1) In general.--The Secretary (after consultation 
        with experts in the field of the education of gifted 
        and talented students) is authorized to make grants to, 
        or enter into contracts with, State educational 
        agencies, local educational agencies, institutions of 
        higher education, other public agencies, and other 
        private agencies and organizations to assist such 
        agencies, institutions, and organizations in carrying 
        out programs or projects authorized by this part that 
        are designed to meet the educational needs of gifted 
        and talented students, including the training of 
        personnel in the 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 part 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 describe how--
                    (A) the proposed 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.
    (b) Use 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 serve all students.
            (2) Establishing and operating model projects and 
        exemplary programs for serving gifted and talented 
        students, including innovative methods for identifying 
        and educating students who may not be served by 
        traditional gifted and talented programs (such as 
        summer programs, mentoring programs, service learning 
        programs, and cooperative programs involving business, 
        industry, and education).
            (3) Implementing innovative strategies, such as 
        cooperative learning, peer tutoring, and service 
        learning.
            (4) Carrying out programs of technical assistance 
        and information dissemination, including assistance and 
        information with respect to how gifted and talented 
        programs and methods, where appropriate, may be adapted 
        for use by all students.
    (c) Special Rule.--To the extent that funds appropriated to 
carry out this part for a fiscal year beginning with fiscal 
year 2016 exceed such funds appropriated for the program under 
subpart 6 of part D of title V, as in effect for fiscal year 
2010, the Secretary shall use such excess funds to award 
grants, on a competitive basis, to State educational agencies, 
local educational agencies, or both, to implement activities 
described in subsection (b).
    (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 (b).
            (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.
            (3) Funding.--The Secretary may use not more than 
        30 percent of the funds made available for fiscal year 
        2010 under subpart 6 of part D of title V, as in effect 
        for such fiscal year, to carry out this subsection.
    (e) Coordination.--Evidence-based research activities 
supported under this part--
            (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 
        research activities which are jointly funded and 
        carried out with such Institute.

SEC. 5305. PROGRAM PRIORITIES.

    (a) General Priority.--In carrying out this part, the 
Secretary shall give highest priority to programs and projects 
designed to develop new information that--
            (1) improves the capability of schools to plan, 
        conduct, and improve programs to identify and serve 
        gifted and talented students; and
            (2) 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.
    (b) Service Priority.--The Secretary shall ensure that not 
less than 50 percent of the applications approved under section 
5304(a)(2) in a fiscal year address the priority described in 
subsection (a)(2).

SEC. 5306. GENERAL PROVISIONS.

    (a) Participation of Private School Children and 
Teachers.--In making grants and entering into contracts under 
this part, 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.
    (b) Review, Dissemination, and Evaluation.--The Secretary 
shall--
            (1) use a peer-review process in reviewing 
        applications under this part;
            (2) ensure that information on the activities and 
        results of programs and projects funded under this part 
        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 part in accordance with section 9601, 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 Child Achieves Act of 2015.
    (c) Program Operations.--The Secretary shall ensure that 
the programs under this part 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 part;
            (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 part with other offices within the 
        Department.

SEC. 5307. AUTHORIZATION OF APPROPRIATIONS.

     There are authorized to be appropriated to carry out this 
part such sums as may be necessary for each of fiscal years 
2016 through 2021.

               PART D--EDUCATION INNOVATION AND RESEARCH

SEC. 5401. GRANTS FOR EDUCATION INNOVATION AND RESEARCH.

     (a) Program Authorized.--From funds appropriated under 
subsection (e), the Secretary shall make grants to eligible 
entities for the development, implementation, replication, or 
scaling and rigorous testing of entrepreneurial, evidence-
based, field-initiated innovations to improve student 
achievement and attainment for high-need students, including--
            (1) early-phase grants to fund the development, 
        implementation, and feasibility testing of a program 
        that prior research suggests has promise, for the 
        purpose of determining whether the program can 
        successfully improve student achievement or attainment 
        for high-needs students;
            (2) mid-phase grants to fund implementation and a 
        rigorous evaluation of a program that has been 
        successfully implemented under an early-phase grant or 
        other effort meeting similar criteria, for the purpose 
        of measuring the program's impact and cost 
        effectiveness, if possible using existing 
        administrative data; or
            (3) expansion grants to fund implementation and a 
        rigorous replication evaluation of a program that has 
        been found to produce sizable, important impacts under 
        a mid-phase grant or other effort meeting similar 
        criteria, for the purpose of determining whether such 
        impacts can be successfully reproduced and sustained 
        over time, and identifying the conditions in which the 
        program is most effective.
    (b) Eligible Entity.--In this section, the term ``eligible 
entity'' means any of the following:
            (1) A local educational agency.
            (2) A State educational agency.
            (3) A consortium of States educational agencies or 
        local educational agencies.
            (4) A State educational agency or a local 
        educational agency, in partnership with--
                    (A) a nonprofit organization;
                    (B) a small business;
                    (C) a charter management organization;
                    (D) an educational service agency; or
                    (E) 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 for any fiscal year are awarded for projects 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;
                    (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 
        project 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 a grant under this 
part, 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 
        project 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 
                priced lunch under the Richard B. Russell 
                National School Lunch Act;
                    (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) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for each of fiscal years 2016 through 2021.

                      PART E--ACCELERATED LEARNING

SEC. 5501. SHORT TITLE.

     This part may be cited as the ``Accelerated Learning Act 
of 2015''.

SEC. 5502. PURPOSES.

     The purposes of this part are--
            (1) to raise student academic achievement through 
        accelerated learning programs, including Advanced 
        Placement and International Baccalaureate programs, 
        dual enrollment programs, and early college high 
        schools that provide postsecondary-level instruction, 
        examinations, or sequences of courses that are widely 
        accepted for credit at institutions of higher 
        education;
            (2) to increase the number of students attending 
        high-need schools who enroll and succeed in accelerated 
        learning courses, accelerated learning examinations, 
        dual enrollment programs, and early college high school 
        courses;
            (3) to support efforts by States and local 
        educational agencies to increase the availability of, 
        and enrollment in, accelerated learning courses, pre-
        accelerated learning courses, dual enrollment programs, 
        and early college high school courses in high-need 
        schools; and
            (4) to provide high-quality professional 
        development for teachers of accelerated learning 
        courses, pre-accelerated learning courses, dual 
        enrollment programs, and early college high school 
        courses in high-need schools.

SEC. 5503. FUNDING DISTRIBUTION RULE.

     From amounts appropriated under section 5508 for a fiscal 
year, the Secretary shall give priority to funding activities 
under section 5504 and shall distribute any remaining funds 
under section 5505.

SEC. 5504. ACCELERATED LEARNING EXAMINATION FEE PROGRAM.

    (a) Grants Authorized.--From amounts made available under 
section 5503 for a fiscal year, the Secretary shall award 
grants to State educational agencies having applications 
approved under this section to enable the State educational 
agencies to reimburse low-income students to cover part or all 
of the costs of accelerated learning examination fees, if the 
low-income students--
            (1) are enrolled in accelerated learning courses; 
        and
            (2) plan to take accelerated learning examinations.
    (b) Award Basis.--In determining the amount of the grant 
awarded to a State educational agency under this section for a 
fiscal year, the Secretary shall consider the number of 
children eligible to be counted under section 1124(c) in the 
State in relation to the number of such children so counted in 
all States.
    (c) Information Dissemination.--A State educational agency 
that is awarded a grant under this section shall make publicly 
available information regarding the availability of accelerated 
learning examination fee payments under this section, and shall 
disseminate such information to eligible high school students 
and parents, including through high school teachers and 
counselors.
    (d) Applications.--Each State educational agency desiring 
to receive a grant under this section shall submit an 
application to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may require. 
At a minimum, each State educational agency application shall--
            (1) describe the accelerated learning examination 
        fees the State educational agency will pay on behalf of 
        low-income students in the State from grant funds 
        awarded under this section;
            (2) provide an assurance that any grant funds 
        awarded under this section shall be used only to pay 
        for accelerated learning examination fees; and
            (3) contain such information as the Secretary may 
        require to demonstrate that the State educational 
        agency will ensure that a student is eligible for 
        payments authorized under this section, including 
        ensuring that the student is a low-income student.
    (e) Regulations.--The Secretary shall prescribe such 
regulations as are necessary to carry out this section.
    (f) Report.--
            (1) In general.--Each State educational agency 
        awarded a grant under this section shall, with respect 
        to each accelerated learning course subject, annually 
        report to the Secretary the following data for the 
        preceding year:
                    (A) The number of students in the State who 
                are taking an accelerated learning course in 
                such subject.
                    (B) The number of accelerated learning 
                examinations taken by students in the State who 
                have taken an accelerated learning course in 
                such subject.
                    (C) The number of students in the State 
                scoring at each level on accelerated learning 
                examinations in such subject, disaggregated by 
                race, ethnicity, sex, English proficiency 
                status, and socioeconomic status.
                    (D) Demographic information regarding 
                students in the State taking accelerated 
                learning courses and accelerated learning 
                examinations in such subject, disaggregated by 
                race, ethnicity, sex, English proficiency 
                status, and socioeconomic status.
            (2) Report to congress.--The Secretary shall 
        annually compile the information received from each 
        State educational agency under paragraph (1) and report 
        to the authorizing committees of Congress regarding the 
        information.
    (g) Bureau of Indian Education as State Educational 
Agency.--For purposes of this section, the Bureau of Indian 
Education shall be treated as a State educational agency.

SEC. 5505. ACCELERATED LEARNING INCENTIVE PROGRAM GRANTS.

    (a) Grants Authorized.--
            (1) In general.--From amounts made available under 
        section 5503 for a fiscal year, the Secretary shall 
        award grants, on a competitive basis, to eligible 
        entities to enable such entities to carry out the 
        authorized activities described in subsection (e).
            (2) Duration, renewal, and payments.--
                    (A) Duration.--The Secretary shall award a 
                grant under this section for a period of not 
                more than 3 years.
                    (B) Renewal.--The Secretary may renew a 
                grant awarded under this section for an 
                additional period of not more than 2 years, if 
                an eligible entity--
                            (i) is achieving the objectives of 
                        the grant; and
                            (ii) has shown improvement against 
                        baseline data on the performance 
                        measures described in subparagraphs (A) 
                        through (E) of subsection (g)(1).
                    (C) Payments.--The Secretary shall make 
                grant payments under this section on an annual 
                basis.
    (b) Definition of Eligible Entity.--In this section, the 
term ``eligible entity'' means--
            (1) a State educational agency;
            (2) a local educational agency; or
            (3) a partnership consisting of--
                    (A) a national, regional, or statewide 
                nonprofit organization, with expertise and 
                experience in providing accelerated learning 
                course services, dual enrollment programs, and 
                early college high school courses; and
                    (B) a State educational agency or local 
                educational agency.
    (c) Application.--
            (1) In general.--Each eligible entity desiring a 
        grant under this section shall submit an application to 
        the Secretary at such time, in such manner, and 
        accompanied by such information as the Secretary may 
        require.
            (2) Contents.--The application shall, at a minimum, 
        include a description of--
                    (A) the goals and objectives for the 
                project supported by the grant under this 
                section, including--
                            (i) increasing the number of 
                        teachers serving high-need schools who 
                        are qualified to teach accelerated 
                        learning courses, dual enrollment 
                        programs, and early college high school 
                        courses;
                            (ii) increasing the number of 
                        accelerated learning courses, dual 
                        enrollment programs, and early college 
                        high school courses that are offered at 
                        high-need schools; and
                            (iii) increasing the number of 
                        students attending a high-need school, 
                        particularly low-income students, who 
                        enroll and succeed in--
                                    (I) accelerated learning 
                                courses;
                                    (II) if offered by the 
                                school, pre-accelerated 
                                learning courses;
                                    (III) dual enrollment 
                                programs; and
                                    (IV) early college high 
                                school courses;
                    (B) how the eligible entity will ensure 
                that students have access to courses that will 
                prepare students to enroll and succeed in 
                accelerated learning courses, pre-accelerated 
                learning courses, dual enrollment programs, and 
                early college high school courses;
                    (C) how the eligible entity will provide 
                professional development for teachers that will 
                further the goals and objectives of the grant 
                project;
                    (D) how the eligible entity will ensure 
                that teachers serving high-need schools are 
                qualified to teach accelerated learning 
                courses, dual enrollment programs, and early 
                college high school courses;
                    (E) how the eligible entity will provide 
                for the involvement of business and community 
                organizations and other entities, including 
                institutions of higher education, in carrying 
                out the activities described in subsection (e);
                    (F) how the eligible entity will use funds 
                received under this section; and
                    (G) how the eligible entity will evaluate 
                the success of the grant project.
    (d) Priority.--In awarding grants under this section, the 
Secretary shall give priority to applications from eligible 
entities that propose to carry out activities in a local 
educational agency that is eligible under the small rural 
school achievement program or the rural and low-income school 
program authorized under subpart 1 or 2 of part B of title VI.
    (e) Authorized Activities.--Each eligible entity that 
receives a grant under this section may use grant funds for--
            (1) high-quality teacher professional development, 
        in order to expand the pool of teachers in the 
        participating State, local educational agency, or high-
        need school who are qualified to teach accelerated 
        learning courses, dual enrollment programs, and early 
        college high school courses, including through 
        innovative models such as online academies and training 
        institutes;
            (2) teacher and counselor high-quality professional 
        development in high school to prepare students for 
        success in accelerated learning courses, dual 
        enrollment programs, and early college high school 
        courses;
            (3) coordination and articulation between grade 
        levels to prepare students to enroll and succeed in 
        accelerated learning courses, dual enrollment programs, 
        and early college high school courses;
            (4) the purchase of instructional materials for 
        accelerated learning courses, dual enrollment programs, 
        and early college high school courses;
            (5) activities to increase the availability of, and 
        participation in, online accelerated learning courses, 
        dual enrollment programs, and early college high school 
        courses;
            (6) carrying out the requirements of subsection 
        (g); or
            (7) in the case of an eligible entity described in 
        subsection (b)(1), awarding subgrants to local 
        educational agencies to enable the local educational 
        agencies to carry out authorized activities described 
        in paragraphs (1) through (6).
    (f) Contracts.--An eligible entity that is awarded a grant 
to provide online courses under this section may enter into a 
contract with an organization to provide accelerated learning 
courses, dual enrollment programs, and early college high 
school courses, including contracting for necessary support 
services.
    (g) Collecting and Reporting Requirements.--
            (1) Report.--Each eligible entity receiving a grant 
        under this section shall collect and report to the 
        Secretary annually such data regarding the results of 
        the grant as the Secretary may reasonably require, 
        including--
                    (A) the number of students served by the 
                eligible entity enrolling in accelerated 
                learning courses, pre-accelerated learning 
                courses, dual enrollment programs, and early 
                college high school courses, disaggregated by 
                grade level of the student, and the grades 
                received by such students in the courses;
                    (B) the number of students taking an 
                accelerated learning examination and the 
                distribution of scores on those examinations, 
                disaggregated by the grade level of the student 
                at the time of examination;
                    (C) the number of teachers who are 
                currently, as of the date of the report, 
                receiving training to teach accelerated 
                learning courses, dual enrollment programs, and 
                early college high school courses, and will 
                teach such courses in the next school year;
                    (D) the number of teachers becoming 
                qualified to teach accelerated learning 
                courses, dual enrollment programs, and early 
                college high school courses; and
                    (E) the number of qualified teachers who 
                are teaching accelerated learning courses, dual 
                enrollment programs, and early college high 
                school courses in high-need schools served by 
                the eligible entity.
            (2) Reporting of data.--Each eligible entity 
        receiving a grant under this section shall report the 
        data required under paragraph (1)--
                    (A) disaggregated by subject area;
                    (B) in the case of student data, 
                disaggregated in the same manner as information 
                is disaggregated under section 
                1111(b)(2)(B)(xi); and
                    (C) in a manner that allows for an 
                assessment of the effectiveness of the grant 
                program.
    (h) Evaluation.--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 activities supported under 
this section, including progress as measured by the performance 
measures established under subparagraphs (A) through (E) of 
subsection (g)(1).
    (i) Matching Requirement.--
            (1) In general.--Each eligible entity that receives 
        a grant under this section 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, except that an eligible entity 
        that is a high-need local educational agency, as 
        determined by the Secretary, shall provide an amount 
        equal to not more than 50 percent of the amount of the 
        grant.
            (2) Matching funds.--The eligible entity may 
        provide the matching funds described in paragraph (1) 
        in cash or in-kind, fairly evaluated, but may not 
        provide more than 50 percent of the matching funds in-
        kind. The eligible entity may provide the matching 
        funds from State, local, or private sources.
            (3) 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 to 
        such eligible entity would result in serious hardship 
        or an inability to carry out the authorized activities 
        described in subsection (e).

SEC. 5506. SUPPLEMENT, NOT SUPPLANT.

     Grant funds provided under this part shall supplement, and 
not supplant, other non-Federal funds that are available to 
assist low-income students to pay for the cost of accelerated 
learning fees or to expand access to accelerated learning and 
pre-accelerated learning courses.

SEC. 5507. DEFINITIONS.

     In this part:
            (1) Accelerated learning course.--The term 
        ``accelerated learning course'' means--
                    (A) a course of postsecondary-level 
                instruction provided to middle or high school 
                students, terminating in an Advanced Placement 
                or International Baccalaureate examination; or
                    (B) another highly rigorous, evidence-
                based, postsecondary preparatory program 
                terminating in--
                            (i) an examination or sequence of 
                        courses that are widely accepted for 
                        credit at institutions of higher 
                        education; or
                            (ii) another examination or 
                        sequence of courses approved by the 
                        Secretary.
            (2) Accelerated learning examination.--The term 
        ``accelerated learning examination'' means an Advanced 
        Placement examination administered by the College 
        Board, an International Baccalaureate examination 
        administered by the International Baccalaureate, an 
        examination that is widely accepted for college credit, 
        or another such examination approved by the Secretary.
            (3) Dual enrollment program.--The term ``dual 
        enrollment'' means a program through which a high 
        school student--
                    (A) takes courses offered through an 
                institution of higher education while the 
                student is enrolled in high school; and
                    (B) earns both secondary school and 
                postsecondary credit for the courses described 
                in subparagraph (A).
            (4) Early college high school.--The term ``early 
        college high school'' means a high school that provides 
        a course of study that enables a student to earn a high 
        school diploma and either an associate's degree or 1 to 
        2 years of postsecondary credit toward a postsecondary 
        degree or credential.
            (5) High-need school.--The term ``high-need 
        school'' means a high school--
                    (A) with a demonstrated need for Advanced 
                Placement or International Baccalaureate 
                courses, dual enrollment programs, or early 
                college high school courses; and
                    (B) that--
                            (i) has a high concentration of 
                        low-income students; or
                            (ii) is a local educational agency 
                        that is eligible, as determined by the 
                        Secretary, under the small, rural 
                        school achievement program, or the 
                        rural and low-income school program, 
                        authorized under subpart 1 or 2 of part 
                        B of title VI.
            (6) Low-income student.--The term ``low-income 
        student'' means a student who is eligible for a free or 
        reduced-price lunch under the school lunch program 
        established under the Richard B. Russell National 
        School Lunch Act (42 U.S.C. 1751 et seq.).

SEC. 5508. AUTHORIZATION OF APPROPRIATIONS.

     There are authorized to be appropriated to carry out this 
part such sums as may be necessary for each of fiscal years 
2016 through 2021.

                   PART F--READY-TO-LEARN TELEVISION

SEC. 5601. READY-TO-LEARN.

    (a) Program Authorized; Ready-To-Learn.--
            (1) In general.--The Secretary is authorized to 
        award grants to, or enter into contracts or cooperative 
        agreements with, eligible entities described in 
        paragraph (3) to enable such entities--
                    (A) to 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;
                    (B) to facilitate the development, directly 
                or through contracts with producers of children 
                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;
                    (C) to 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;
                    (D) to contract with entities (such as 
                public telecommunications entities) so that 
                programs 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
                    (E) to 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 
                        subparagraphs (B) and (C) 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 make programming widely available, with 
        support materials as appropriate, to young children, 
        parents, child care workers, Head Start providers, and 
        providers of family literacy services to increase the 
        effective use of such programming.
            (3) Eligible entities.--To be eligible to receive a 
        grant, contract, or cooperative agreement under this 
        section, an entity shall be a public telecommunications 
        entity that is able to demonstrate each of the 
        following:
                    (A) A capacity for the development and 
                national distribution of educational and 
                instructional television programming of high 
                quality that is accessible by a large majority 
                of disadvantaged preschool and elementary 
                school children.
                    (B) A capacity to contract with the 
                producers of children's television programming 
                for the purpose of developing educational 
                television programming of high quality.
                    (C) A capacity, consistent with the 
                entity's mission and nonprofit nature, to 
                negotiate such contracts in a manner that 
                returns to the entity an appropriate share of 
                any ancillary income from sales of any program-
                related products.
                    (D) A capacity to localize programming and 
                materials to meet specific State and local 
                needs and to provide educational outreach at 
                the local level.
            (4) Coordination of activities.--An entity 
        receiving a grant, contract, or cooperative agreement 
        under this section shall consult with the Secretary and 
        the Secretary of Health and Human Services--
                    (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)(E) 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, in such manner, and containing such information as the 
Secretary may reasonably require.
    (c) Reports and Evaluations.--
            (1) Annual report to the secretary.--An entity 
        receiving a grant, contract, or cooperative agreement 
        under this section shall prepare and submit to the 
        Secretary an annual report that contains such 
        information as the Secretary may require. At a minimum, 
        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 programs developed.
                    (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)(E), 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 
appropriated under subsection (f) for each fiscal year shall be 
used to carry out activities under subparagraphs (B) through 
(D) of subsection (a)(1).
    (f) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this part such sums as may be 
necessary for each of fiscal years 2016 through 2021.

   PART G--INNOVATIVE TECHNOLOGY EXPANDS CHILDREN'S HORIZONS (I-TECH)

SEC. 5701. PURPOSES.

     The purposes of this part are--
            (1) to improve the achievement, academic growth, 
        and college and career readiness of all students;
            (2) to ensure all students have access to 
        personalized, rigorous learning experiences that are 
        supported through technology;
            (3) to ensure that educators have the knowledge and 
        skills to use technology, including computer-based 
        assessments and blended learning strategies, to 
        personalize learning;
            (4) to ensure district and school leaders have the 
        skills required to implement, and support school- and 
        district-wide approaches for using technology to inform 
        instruction, support teacher collaboration, and 
        personalize learning;
            (5) to ensure that students in rural, remote, and 
        underserved areas have the resources to take advantage 
        of high-quality digital learning experiences, digital 
        resources, and access to online courses taught by 
        effective educators;
            (6) to ensure that students have increased access 
        to online dual and 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)), and courses taught by educators, 
        including advanced coursework; and
            (7) to ensure that State educational agencies, 
        local educational agencies, elementary schools, and 
        secondary schools have the technological capacity, 
        infrastructure, and technical support necessary to meet 
        purposes described in paragraphs (1) through (6).

SEC. 5702. DEFINITIONS.

    In this part:
            (1) 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 that 
                engage students in academic content;
                    (B) access to online databases and other 
                primary source documents;
                    (C) the use of data, data analytics, and 
                information to personalize learning and provide 
                targeted supplementary instruction;
                    (D) student collaboration with content 
                experts and peers;
                    (E) online and computer-based assessments;
                    (F) digital learning content, software, or 
                simulations;
                    (G) access to online courses;
                    (H) mobile devices for learning in school 
                and at home;
                    (I) learning environments that allow for 
                rich collaboration and communication;
                    (J) 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;
                    (K) access to online course opportunities 
                for students in rural or remote areas; and
                    (L) discovery, modification, and sharing of 
                openly licensed digital learning materials.
            (2) Eligible technology.--The term ``eligible 
        technology'' means modern computer, and communication 
        technology software, services, or tools, including 
        computer or mobile devices, software applications, 
        systems and platforms, and digital learning content, 
        and related services and supports.
            (3) Technology readiness survey.--The term 
        ``technology readiness survey'' means a survey 
        completed by a local educational agency that provides 
        standardized information on the quantity and types of 
        technology infrastructure and access available to the 
        students and in the community served by the local 
        educational agency, including computer devices, access 
        to school libraries, Internet connectivity, operating 
        systems, related network infrastructure, data systems, 
        educator professional learning needs and priorities, 
        and data security.
            (4) 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).

SEC. 5703. TECHNOLOGY GRANTS PROGRAM AUTHORIZED.

    (a) In General.--From the amounts appropriated under 
section 5708, the Secretary may reserve not more than 1.5 
percent for national activities to support grantees and shall 
award the remainder to State educational agencies to strengthen 
State and local technological infrastructure and professional 
learning that supports digital learning through State 
activities under section 5705(c) and local activities under 
section 5706(c).
    (b) Grants to State Educational Agencies.--
            (1) Reservations.--From the amounts appropriated 
        under section 5708 for any fiscal year, the Secretary 
        shall reserve--
                    (A) three-fourths of 1 percent for the 
                Secretary of the Interior to provide assistance 
                under this part for schools operated or funded 
                by the Bureau of Indian Education; and
                    (B) 1 percent to provide assistance under 
                this part to the outlying areas.
            (2) Grant allotments.--From the amounts 
        appropriated under section 5708 for any fiscal year and 
        remaining after the Secretary makes reservations under 
        paragraph (1), the Secretary shall make a grant for the 
        fiscal year to each State educational agency with an 
        approved application under section 5704 in an amount 
        that bears the same relationship to such remainder as 
        the amount the State educational agency received under 
        part A of title I for such year bears to the amount all 
        State educational agencies with an approved application 
        under section 5704 received under such part for such 
        year.
    (c) Minimum.--The amount of a grant to a State educational 
agency under subsection (b)(2) for a fiscal year shall not be 
less than one-half of 1 percent of the total amount made 
available for grants to all State educational agencies under 
such subsection for such year.
    (d) Reallotment of Unused Funds.--If any State educational 
agency does not apply for a grant under section 5704 for a 
fiscal year, or does not use the State educational agency's 
entire grant allotment under subsection (b)(2) for such year, 
the Secretary shall reallot the amount of the State educational 
agency's grant, or the unused portion of the grant allotment, 
to the remaining State educational agencies that use their 
entire grant amounts under subsection (b)(2) for such year.
    (e) Matching Funds.--
            (1) In general.--A State educational agency that 
        receives a grant under subsection (b)(2) shall provide 
        matching funds, from non-Federal sources, in an amount 
        equal to 10 percent of the amount of grant funds 
        provided to the State educational agency to carry out 
        the activities supported by the grant. Such matching 
        funds may be provided in cash or in-kind, except that 
        any such in-kind contributions shall be provided for 
        the purpose of supporting the State educational 
        agency's activities under section 5705(c).
            (2) Waiver.--The Secretary may waive the matching 
        requirement under paragraph (1) for a State educational 
        agency that demonstrates that such requirement imposes 
        an undue financial hardship on the State educational 
        agency.

SEC. 5704. STATE APPLICATIONS.

    (a) Application.--To receive a grant under section 
5703(b)(2), a State educational agency shall submit to the 
Secretary an application at such time and in such manner as the 
Secretary may require and containing the information described 
in subsection (b).
    (b) Contents.--Each application submitted under subsection 
(a) shall include the following:
            (1) A description of how the State educational 
        agency will meet the following goals:
                    (A) Use technology to ensure all students 
                achieve college and career readiness and 
                digital literacy, including by providing high-
                quality education opportunities to economically 
                or geographically isolated student populations.
                    (B) Provide educators, school leaders, and 
                administrators with the professional learning 
                tools, devices, content, and resources to--
                            (i) personalize learning to improve 
                        student academic achievement; and
                            (ii) discover, adapt, and share 
                        relevant high-quality open educational 
                        resources.
                    (C) Enable local educational agencies to 
                build the technological capacity and 
                infrastructure.
            (2) An assurance that each local educational 
        awarded a subgrant under this part has conducted a 
        technology readiness survey and will take steps to 
        address the readiness gaps identified not later than 3 
        years after the completion of the survey by the local 
        educational agency.
            (3) An assurance that the State educational agency 
        will ensure that the State educational agency's 
        technology systems and school-based technology systems 
        are interoperable.
            (4) An assurance that the State educational agency 
        will consider making content widely available through 
        open educational resources when making purchasing 
        decisions with funds received under this part.
            (5) A description of how the State educational 
        agency will award subgrants to local educational 
        agencies under section 5706.
            (6) A description of the process, activities, and 
        performance measures that the State educational agency 
        will use to evaluate the impact and effectiveness of 
        the grant and subgrant funds awarded under this part 
        across the State and in each local educational agency.
            (7) An assurance that the State educational agency 
        consulted with local educational agencies in the 
        development of the State educational agency's 
        application under this subsection.
            (8) An assurance that the State educational agency 
        will provide matching funds as required under section 
        5703(e).
            (9) An assurance that the State educational agency 
        will protect the privacy and safety of students and 
        teachers, consistent with 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'') and section 445 of 
        the General Education Provisions Act (20 U.S.C. 1232h).
            (10) An assurance that funds made available under 
        this part 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 part.

SEC. 5705. STATE USE OF GRANT FUNDS.

    (a) Reservation for Subgrants To Support Technology 
Infrastructure.--Each State educational agency that receives a 
grant under section 5703(b)(2) shall expend not less than 90 
percent of the grant amount for each fiscal year to award 
subgrants to local educational agencies in accordance with 
section 5706.
    (b) Reservation for State Activities.--
            (1) In general.--A State educational agency shall 
        reserve not more than 10 percent of the grant received 
        under section 5703(b)(2) for the State activities 
        described in subsection (c).
            (2) Grant administration.--
                    (A) In general.--Subject to subparagraph 
                (B), of the amount reserved by a State 
                educational agency under paragraph (1), the 
                State educational agency may reserve for the 
                administration of the grant under this part not 
                more than--
                            (i) 1 percent in the case of a 
                        State educational agency awarding 
                        subgrants under section 5706(a)(1); or
                            (ii) 3 percent in the case of a 
                        State educational agency awarding 
                        subgrants under section 5706(a)(2).
                    (B) Special rule.--Notwithstanding 
                subparagraph (A), a State educational agency 
                that forms a State purchasing consortium under 
                subsection (d)--
                            (i) may reserve an additional 1 
                        percent to carry out the activities 
                        described in subsection (d)(1); and
                            (ii) may reserve amounts in 
                        addition to the percentage described in 
                        clause (i) if the State purchasing 
                        consortium receives direct approval 
                        from the local educational agencies 
                        receiving subgrants under section 
                        5706(a) from the State educational 
                        agency prior to reserving more than the 
                        additional percentage authorized under 
                        clause (i).
    (c) State Activities.--A State educational agency may use 
funds described in subsection (b) to carry out each of the 
following:
            (1) Except for the awarding of subgrants in 
        accordance with section 5706, activities described in 
        the State educational agency's application under 
        section 5704(b).
            (2) Providing technical assistance to local 
        educational agencies to--
                    (A) identify and address technology 
                readiness needs, as determined by the 
                technology readiness surveys;
                    (B) 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;
                    (C) build capacity for principals and local 
                educational agency administrators to support 
                teachers in using data and technology to 
                improve teaching and personalize learning;
                    (D) ensure that contractual requirements 
                for third parties that have access to student 
                data, its storage, or provide analytics on 
                student data provide privacy protections 
                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''); 
                and
                    (E) provide tools and processes to support 
                the creation, modification, and distribution of 
                open educational resources.
            (3) Developing or utilizing research-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.
            (4) Integrating and coordinating activities under 
        this part with other educational resources and programs 
        across the State.
            (5) Disseminating information, including making 
        publicly available on the website of the State 
        educational agency, promising practices to improve 
        technology instruction, best practices for data 
        security, and acquiring and implementing technology 
        tools and applications.
            (6) Ensuring that teachers, paraprofessionals, 
        library and media personnel, specialized instructional 
        support personnel, and administrators possess the 
        knowledge and skills to use technology to meet the 
        goals described in section 5704(b)(1).
            (7) Coordinating with teacher, principal, and other 
        school leader preparation programs to ensure that 
        preservice teachers, principals, and other school 
        leaders have the skills to implement digital learning 
        programs effectively.
            (8) Supporting schools in rural and remote areas to 
        expand access to high-quality digital learning 
        opportunities.
    (d) Purchasing Consortia.--
            (1) In general.--A State educational agency 
        receiving a grant under section 5703(b)(2) may--
                    (A) form a State purchasing consortium with 
                1 or more State educational agencies receiving 
                such a grant to carry out the State activities 
                described in subsection (c), including 
                purchasing eligible technology;
                    (B) encourage local educational agencies to 
                form local purchasing consortia under section 
                5706(c)(4); and
                    (C) promote pricing opportunities to local 
                educational agencies for the purchase of 
                eligible technology that are--
                            (i) negotiated by the State 
                        educational agency or the State 
                        purchasing consortium of the State 
                        educational agency; and
                            (ii) available to such local 
                        educational agencies.
            (2) Restrictions.--A State educational agency 
        receiving a grant under section 5703(b)(2) shall not--
                    (A) except for promoting the pricing 
                opportunities described in paragraph (1)(C), 
                make recommendations to local educational 
                agencies for, or require, use of any specific 
                commercial products and services by local 
                educational agencies;
                    (B) require local educational agencies to 
                participate in a State purchasing consortia or 
                local purchasing consortia; or
                    (C) use more than the amount reserved under 
                subsection (b) to carry out the activities 
                described in paragraph (1), unless the State 
                educational agency receives approval in 
                accordance with subsection (b)(2)(B).

SEC. 5706. LOCAL SUBGRANTS.

    (a) Subgrants.--
            (1) Grants to local educational agencies.--From the 
        grant funds provided under section 5703(b)(2) to a 
        State educational agency that are remaining after the 
        State educational agency makes reservations under 
        section 5705(b) for any fiscal year and subject to 
        paragraph (2), the State educational agency shall award 
        subgrants for the fiscal year to local educational 
        agencies served by the State educational agency and 
        with an approved application under subsection (b) by 
        allotting to each such local educational agency an 
        amount that bears the same relationship to the 
        remainder as the amount received by the local 
        educational agency under part A of title I for such 
        year bears to the amount received by all such local 
        educational agencies under such part for such year, 
        except that no local educational agency may receive 
        less than $20,000 for a year.
            (2) Competitive grants to local educational 
        agencies.--If the amount of funds appropriated under 
        section 5708 is less than $300,000,000 for any fiscal 
        year, a State educational agency--
                    (A) shall not award subgrants under 
                paragraph (1); and
                    (B) shall--
                            (i) award subgrants, on a 
                        competitive basis, to local educational 
                        agencies based on the quality of 
                        applications submitted under subsection 
                        (b), including--
                                    (I) the level of technology 
                                readiness, as determined by the 
                                technology readiness surveys 
                                completed by local educational 
                                agencies submitting such 
                                applications; and
                                    (II) the technology plans 
                                described in subsection (b)(4) 
                                and how the local educational 
                                agencies with such plans will 
                                carry out the alignment and 
                                coordination described in such 
                                subsection;
                            (ii) give priority to local 
                        educational agencies that have 
                        demonstrated substantial need for 
                        assistance in acquiring and using 
                        technology, based on the agency's 
                        technology readiness survey; and
                            (iii) give priority to schools that 
                        serve students in rural and remote 
                        areas, schools identified under section 
                        1114 as in need of intervention and 
                        support and the persistently lowest 
                        achieving schools, or schools with a 
                        high percentage of students aged 5 
                        through 17 who are in poverty, as 
                        counted in the most recent census data 
                        approved by the Secretary, who are 
                        eligible for a free or reduced priced 
                        lunch under the Richard B. Russell 
                        National School Lunch Act, in families 
                        receiving assistance under the State 
                        program funded under part A of title IV 
                        of the Social Security Act, or eligible 
                        to receive medical assistance under the 
                        Medicaid program.
            (3) Definition of local educational agency for 
        certain fiscal years.--For purposes of awarding 
        subgrants under paragraph (2), the term ``local 
        educational agency'' means--
                    (A) a local educational agency;
                    (B) an educational service agency; or
                    (C) a local educational agency and an 
                educational service agency.
    (b) Application.--A local educational agency that desires 
to receive a subgrant under subsection (a) shall submit an 
application to the State at such time, in such manner, and 
accompanied by such information as the State educational agency 
may require, such as--
            (1) a description of how the local educational 
        agency will carry out the goals described in 
        subparagraphs (A) through (C) of section 5704(b)(1);
            (2) a description of the results of the technology 
        readiness survey completed by the local educational 
        agency and a description of the plan for the local 
        educational agency to meet the goals described in 
        paragraph (1) within 3 years of completing the survey;
            (3) a description of the local educational agency's 
        technology plan to carry out paragraphs (1) and (3) and 
        how the agency will align and coordinate the activities 
        under this section with other activities across the 
        local educational agency;
            (4) a description of the team of educators who will 
        coordinate and carry out the activities under this 
        section, including individuals with responsibility and 
        expertise in instructional technology, teachers that 
        specialize in supporting students who are children with 
        disabilities and English learners, other school 
        leaders, library and media personnel, technology 
        officers, and staff responsible for assessments and 
        data;
            (5) a description of how the local educational 
        agency will build capacity for principals, other school 
        leaders, and local educational agency administrators to 
        support teachers in developing data literacy skills and 
        in implementing digital tools to support teaching and 
        learning;
            (6) a description of how the local educational 
        agency will procure content and ensure content quality; 
        and
            (7) an assurance that the local educational agency 
        will protect the privacy and safety of students and 
        teachers, consistent with requirements 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) Use of Funds.--
            (1) Professional development in digital learning.--
        Subject to paragraph (3), a local educational agency 
        receiving a subgrant under subsection (a) shall use not 
        less than 50 percent of such funds to carry out 
        professional development in digital learning for 
        teachers, principals, other school leaders, 
        paraprofessionals, library and media personnel, 
        specialized instructional support personnel, technology 
        coordinators, and administrators in the use of 
        technology to support student learning.
            (2) Technology infrastructure.--Subject to 
        paragraph (3), a local educational agency receiving a 
        subgrant under subsection (a) shall use not less than 
        25 percent of such funds to support activities for the 
        acquisition of eligible technology needed to--
                    (A) except for the activities described in 
                paragraph (1), carry out activities described 
                in the application submitted under subsection 
                (b), including purchasing devices, equipment, 
                and software applications; and
                    (B) address readiness shortfalls identified 
                under the technology readiness survey completed 
                by the local educational agency.
            (3) Modification of funding allocations.--A State 
        educational agency may authorize a local educational 
        agency to modify the percentage of the local 
        educational agency's subgrant funds required to carry 
        out the activities described in paragraph (1) or (2) if 
        the local educational agency demonstrates that such 
        modification will assist the local educational agency 
        in more effectively carrying out such activities.
            (4) Purchasing consortia.--Local educational 
        agencies receiving subgrants under subsection (a) may--
                    (A) form a local purchasing consortia with 
                other such local educational agencies to carry 
                out the activities described in this 
                subsection, including purchasing eligible 
                technology; and
                    (B) use such funds for purchasing eligible 
                technology through a State purchasing consortia 
                under section 5706(d).
            (5) Blended learning projects.--
                    (A) In general.--A local educational agency 
                receiving a subgrant under subsection (a) may 
                use such funds to carry out a blended learning 
                project, which shall include at least 1 of the 
                following activities:
                            (i) 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.
                            (ii) 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.
                    (B) Non-federal match.--A local educational 
                agency that carries out a blended learning 
                project under this paragraph shall provide non-
                Federal matching funds equal to not less than 
                10 percent of the amount of funds used to carry 
                out such project that shall be used to carry 
                out such project.
                    (C) Definition of blended learning.--In 
                this paragraph, the term ``blended learning'' 
                means a formal education program that leverages 
                both technology-based and face-to-face 
                instructional approaches that--
                            (i) include an element of online or 
                        digital learning, combined with 
                        supervised learning time, and student-
                        led learning, in which the elements are 
                        connected to provide an integrated 
                        learning experience; and
                            (ii) where students are provided 
                        some control over time, path, or pace.

SEC. 5707. REPORTING.

    (a) Local Educational Agencies.--Each local educational 
agency receiving a subgrant under section 5706 shall submit to 
the State educational agency that awarded such subgrant an 
annual report the meets the requirements of subsection (c).
    (b) State Educational Agencies.--Each State educational 
agency receiving a grant under section 5703(b)(2) shall submit 
to the Secretary an annual report that meets the requirements 
of subsection (c).
    (c) Report Requirements.--A report submitted under 
subsection (a) or (b) shall include, at a minimum, a 
description of--
            (1) the status of the State educational agency's 
        plan described in section 5704(b) or the local 
        education agency's technology plan under section 
        5706(b)(3), as applicable;
            (2) the categories of eligible technology acquired 
        with funds under this part and how such technology is 
        being used;
            (3) the professional learning activities funded 
        under this part, including types of activities and 
        entities involved in providing such professional 
        learning to classroom teachers and other staff, such as 
        school librarians; and
            (4) the types of programs funded under this part.

SEC. 5708. AUTHORIZATION.

     There are authorized to be appropriated such sums as may 
be necessary to carry out this part.

                  PART H--LITERACY AND ARTS EDUCATION

SEC. 5801. LITERACY AND ARTS EDUCATION.

     (a) In General.--From funds made available under 
subsection (c), the Secretary may award grants, contracts, or 
cooperative agreements, on a competitive basis, to eligible 
entities for the purposes of--
            (1) promoting 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; and
            (2) promoting literacy programs that support the 
        development of literacy skills in low-income 
        communities, including--
                    (A) developing and enhancing effective 
                school library programs, which may include 
                providing professional development for school 
                librarians, books, and up-to-date materials to 
                low-income schools;
                    (B) 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
                    (C) programs that provide high-quality 
                books on a regular basis to children and 
                adolescents from disadvantaged 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; or
                    (C) 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.
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for each of fiscal years 2016 through 2021.

        PART I--EARLY LEARNING ALIGNMENT AND IMPROVEMENT GRANTS

SEC. 5901. PURPOSES; DEFINITIONS.

    (a) Purposes.--The purposes of this part are to assist 
States with--
            (1) more efficiently using existing Federal 
        resources to improve, strengthen, and expand existing 
        high-quality early childhood education, as determined 
        by the State;
            (2) coordinating existing funding streams and 
        delivery models to promote--
                    (A) program quality, while maintaining 
                services;
                    (B) parental choice among high-quality 
                early childhood education program providers; 
                and
                    (C) early care and learning access for 
                children from birth to kindergarten entry; and
            (3) improving access for children from low-income 
        families to high-quality early childhood education 
        programs in order to enhance school readiness.
    (b) Definitions.--In this part:
            (1) Center of excellence.--The term ``Center of 
        Excellence'' means a local public or private nonprofit 
        agency, including a community-based or faith-based 
        organization, or a for-profit agency, within a 
        community, that provides early learning and care 
        services in the State, including the use of best 
        practices for--
                    (A) achieving school readiness, including 
                the development of early literacy and 
                mathematics skills;
                    (B) acquisition of English language skills; 
                and
                    (C) providing high-quality comprehensive 
                services for eligible children and their 
                families.
            (2) Eligible child.--The term ``eligible child'' 
        means an individual--
                    (A) who is less than 6 years of age; and
                    (B) whose family income does not exceed--
                            (i) 200 percent of the poverty 
                        line;
                            (ii) 85 percent of the State median 
                        income for a family of the same size, 
                        and whose family assets do not exceed 
                        $1,000,000 (as certified by a member of 
                        such family); or
                            (iii) a State-determined threshold 
                        for eligibility that does not exceed 
                        the thresholds in clauses (i) and (ii).
            (3) Eligible partnership.--The term ``eligible 
        partnership'' means a partnership that, at a minimum, 
        includes, as applicable and appropriate, the State 
        Advisory Council on Early Childhood Education and Care 
        established under section 642B(b) of the Head Start 
        Act, and all of the following partners, which may be 
        represented on the Council:
                    (A) One or more public and private 
                (including nonprofit or for-profit) providers 
                of early childhood education that serve 
                eligible children residing in the State and 
                meet applicable standards of licensing and 
                quality as determined by the State.
                    (B) One or more Head Start agencies, which 
                may include Early Head Start, migrant and 
                seasonal Head Start, and Indian Head Start 
                agencies that serve eligible children residing 
                in the State.
                    (C) The State educational agency.
                    (D) Other relevant State agencies with 
                oversight of preschool, early education, and 
                child care in the State.
                    (E) One or more local educational agencies 
                in the State.
                    (F) One or more institutions of higher 
                education in the State.
                    (G) One or more representatives of business 
                in the State.
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meanings 
        given the term in section 101 and subparagraphs (A) and 
        (B) of section 102(a)(1) of the Higher Education Act of 
        1965.
            (5) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.

SEC. 5902. EARLY LEARNING ALIGNMENT AND IMPROVEMENT GRANTS.

    (a) Grants Authorized.--
            (1) In general.--From amounts made available under 
        section 5903, the Secretary, in consultation with the 
        Secretary of Health and Human Services, shall award 
        grants, on a competitive basis, to States to enable the 
        States to carry out the activities described in 
        subsection (d).
            (2) Reservation for states serving rural areas.--
        From the amounts appropriated under section 5903 for a 
        fiscal year, the Secretary shall reserve not less than 
        30 percent for grants to States that propose to carry 
        out the activities described in subsection (d) for 
        eligible children living in rural areas. The Secretary 
        shall reduce the amount described in the preceding 
        sentence if the Secretary does not receive a sufficient 
        number of applications that are deserving of a grant 
        under this part for such purpose.
            (3) Priority.--In awarding grants under this 
        section, the Secretary shall give priority to a State 
        that will use funds under this grant to focus on 
        eligible children--
                    (A) who are 3 and 4 years of age; and
                    (B) whose family income does not exceed 130 
                percent of the poverty line.
            (4) Duration of grants.--A grant awarded under this 
        section shall be for a period of not more than 3 years 
        and may not be renewed by the Secretary.
            (5) Limitation.--
                    (A) In general.--Except as provided in 
                subparagraph (B), a State may receive a grant 
                under this section only once.
                    (B) Exception.--Notwithstanding 
                subparagraph (A), a State may receive more than 
                1 grant under this section only--
                            (i) if the State is proposing, for 
                        such additional grants, to carry out 
                        activities for eligible children living 
                        in rural areas; or
                            (ii) after all States, which meet 
                        the requirements and have submitted an 
                        application under this section, have 
                        received a grant, to the extent that 
                        funds for a grant are still available.
            (6) Equitable distribution.--To the extent 
        practicable, the Secretary shall ensure an equitable 
        geographic distribution of grants under this section.
    (b) State Requirements.--
            (1) Lead agency.--
                    (A) Designation.--A State desiring a grant 
                under this section shall designate an agency 
                (which may be an appropriate collaborative 
                agency) or establish a joint interagency 
                office, that complies with the requirements of 
                subparagraph (B), to serve as a lead agency for 
                the State under this section.
                    (B) Duties.--The lead agency designated 
                under subparagraph (A) shall--
                            (i) administer, directly or through 
                        other governmental or nongovernmental 
                        agencies, the Federal assistance 
                        received under this section by the 
                        State;
                            (ii) develop the application 
                        submitted to the Secretary under 
                        subsection (c); and
                            (iii) coordinate the provision of 
                        activities under this section with 
                        existing Federal, State, and local 
                        early childhood education programs.
            (2) Partners.--In order to be eligible for a grant 
        under this section, a State shall partner with an 
        eligible partnership.
            (3) Matching requirement.--Each State that receives 
        a grant under this part shall provide from Federal or 
        non-Federal sources (which may be provided in cash or 
        in-kind) to carry out the activities supported by the 
        grant, an amount equal to--
                    (A) 30 percent of the amount of the grant 
                in the first year of such grant; and
                    (B) not less than 30 percent of the amount 
                of the grant in the second and third year of 
                such grant, respectively.
    (c) Applications.--A State desiring a grant under this 
section shall submit an application at such time, in such 
manner, and containing such information as the Secretary may 
reasonably require. The application shall include--
            (1) an identification of the lead agency that the 
        Governor of the State has appointed to be responsible 
        for the grant under this section;
            (2) a description of the eligible partnership 
        required under subsection (b)(2), which will assist the 
        State in developing the plan and implementing the 
        activities under this part;
            (3) to the extent practicable, the unduplicated 
        counts of the number of eligible children served using 
        existing Federal, State, and local resources and 
        programs that the State will coordinate to meet the 
        purposes of this part, including--
                    (A) programs carried out under the Head 
                Start Act, including the Early Head Start 
                programs carried out under such Act;
                    (B) programs carried out under section 619 
                and parts B and C of the Individuals with 
                Disabilities Education Act;
                    (C) 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);
                    (D) other Federal, State, local, and Indian 
                tribe or tribal organization programs of early 
                learning, childhood education, child care, and 
                development in the State; and
                    (E) as applicable--
                            (i) programs carried out under 
                        other provisions of this Act;
                            (ii) programs carried out under 
                        subtitle A of title XX of the Social 
                        Security Act (42 U.S.C. 1397 et seq.);
                            (iii) programs carried out under 
                        the Community Services Block Grant Act 
                        (42 U.S.C. 9901 et seq.);
                            (iv) programs serving homeless 
                        children and services of local 
                        educational agency liaisons for 
                        homeless children and youths designated 
                        under section 722(g)(1)(J)(ii) of the 
                        McKinney-Vento Homeless Assistance Act 
                        (42 U.S.C. 11432(g)(1)(J)(ii));
                            (v) State agencies and programs 
                        serving children in foster care and the 
                        foster families of such children; and
                            (vi) child care programs funded 
                        through State veterans affairs offices;
            (4) a description of how the State proposes to 
        coordinate such resources and programs identified under 
        paragraph (3) in order to meet the purposes of this 
        part;
            (5) a description of how the State will identify 
        early childhood education program providers that 
        demonstrate a high level of quality;
            (6) a description of how the State will define 
        eligible children, in accordance with section 
        5901(b)(2);
            (7) a description of how the State will expand 
        access to existing high-quality early learning and care 
        for eligible children in the State, or if no high-
        quality early learning and care is accessible for 
        eligible children, expand access to high-quality early 
        learning and care for such children;
            (8) in the case of a State that has elected to use 
        funds under this section to designate Centers of 
        Excellence--
                    (A) assurances that the State will 
                designate an entity, such as an agency, an 
                institution of higher education, a consortium 
                of local educational agencies or Head Start 
                centers, or another entity, to designate early 
                childhood education programs as Centers of 
                Excellence;
                    (B) assurances that the designee will meet 
                the definition of a Center of Excellence;
                    (C) descriptions of the process by which an 
                entity that carries out an early childhood 
                education program would be designated as a 
                Center of Excellence, including evidence that 
                the early childhood education program involved 
                has demonstrated excellence in program delivery 
                in a manner designed to improve the school 
                readiness of children who have participated in 
                the program; and
                    (D) descriptions of how the State will 
                assist Centers of Excellence in the 
                dissemination of best practices;
            (9) an assurance that the State will provide 
        technical assistance to partners on methods by which 
        Federal and State early learning and care funding can 
        be coordinated and lead to cost-saving and efficiencies 
        strategies, and other methods that will enhance the 
        quality of the early childhood education programs in 
        the State;
            (10) a description of how the State will sustain 
        early learning and care activities coordinated under 
        this section, including for rural areas in the State, 
        if applicable, once grant funding is no longer 
        available under this section;
            (11) a description of the process that the State 
        proposes to use to collect and disseminate, to parents 
        and the general public, consumer information that will 
        promote informed early learning and care choices in the 
        State;
            (12) a description of how the State will serve 
        eligible children residing in rural areas, if 
        applicable; and
            (13) an assurance that funds made available under 
        this part 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 part.
    (d) Use of Funds.--
            (1) In general.--A State that receives a grant 
        under this part shall use the grant funds to develop, 
        implement, or improve a coordinated statewide or 
        locally implemented system of voluntary early care and 
        learning, which includes a plan--
                    (A) for coordinating funding available 
                through existing Federal, State, and local 
                sources; and
                    (B) which is designed in collaboration with 
                an eligible partnership.
            (2) Authorized activities.--Grant funds under this 
        section may be used for the following:
                    (A) Aligning existing Federal, State, and 
                local funding and resources with a statewide or 
                locally designed system for delivering high-
                quality early learning and care for eligible 
                children in the State, including developing 
                evidence-based practices to improve staff 
                quality, instructional programming, and time in 
                program.
                    (B) Analyzing needs for expanded access to 
                existing high-quality early childhood education 
                programs in the State, including child care, 
                preschool, and Early Head Start, Head Start, 
                and special education for all children, 
                particularly low-income children.
                    (C) Developing or expanding eligible 
                partnerships to--
                            (i) expand access for eligible 
                        children to existing high-quality 
                        providers or programs or, if no high-
                        quality early learning and care is 
                        accessible for eligible children, 
                        expand access to high-quality early 
                        learning and care for eligible 
                        children;
                            (ii) share best practices; and
                            (iii) ensure that parents have 
                        maximum choices in selecting the 
                        providers that meet their individual 
                        needs, consistent with State and local 
                        laws.
                    (D) Developing or expanding Centers of 
                Excellence for the purposes of--
                            (i) disseminating best practices 
                        for achieving early academic success in 
                        the State, including best practices 
                        for--
                                    (I) achieving school 
                                readiness, including developing 
                                early literacy and mathematics 
                                skills;
                                    (II) the acquisition of the 
                                English language for English 
                                learners; or
                                    (III) providing high-
                                quality comprehensive services 
                                to low-income and at-risk 
                                children and their families;
                            (ii) coordinating early education, 
                        child care, and other social services 
                        available in the State and local 
                        communities for low-income and at-risk 
                        children and families; or
                            (iii) providing effective 
                        transitions between preschool programs 
                        and elementary schools, including by 
                        facilitating ongoing communication 
                        between early education and elementary 
                        school teachers and by improving the 
                        ability of teachers to work effectively 
                        with low-income and at-risk children 
                        and their families.
                    (E) Expanding existing high-quality early 
                education and care for infants and toddlers, or 
                if no high-quality early education and care is 
                accessible for infants and toddlers, expand 
                access to high quality education and care.
                    (F) Carrying out other strategies 
                determined by the State to improve access to 
                and expand the overall quality of a coordinated 
                State or locally designed system of voluntary 
                early learning and care services in the State.
            (3) Priority.--The activities implemented by a 
        State under this subsection shall prioritize parental 
        choice of providers and evidence-based practices for 
        improving early learning program quality and access to 
        the extent permitted under State and local law.
    (e) Reporting.--A State that receives a grant under this 
part shall submit to the Secretary, at such time and in such 
manner as the Secretary may reasonably require, an annual 
report that includes--
            (1) the number and percentage of children who are 
        served in high-quality early childhood education 
        programs, as identified by the State, during each year 
        of the grant duration using funds from--
                    (A) only this part, as applicable;
                    (B) 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);
                    (C) the Head Start Act; and
                    (D) other public and private providers, as 
                applicable;
            (2) the quality improvements undertaken at the 
        State level;
            (3) the extent to which funds are being blended 
        with other public and private funding; and
            (4) any other ways in which funds are used to meet 
        the purposes of this part.
    (f) Report to Congress.--The Secretary, in consultation 
with the Secretary of Health and Human Services, 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 biennial report 
containing the information described in subsection (e) for all 
States receiving funds under this part.
    (g) Limitations on Federal Interference.--Nothing in this 
part shall be construed to authorize the Secretary to establish 
any criterion 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;
            (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'' early 
                learning or care;
            (3) early learning or preschool curriculum, program 
        of instruction, or instructional content;
            (4) teacher and staff qualifications and salaries;
            (5) class sizes and child-to-instructional staff 
        ratios; and
            (6) any aspect or parameter of a teacher, 
        principal, other school leader, or staff evaluation 
        system within a State or local educational agency.

SEC. 5903. AUTHORIZATION OF APPROPRIATIONS.

     There are authorized to be appropriated to carry out this 
part such sums as may be necessary for each of fiscal years 
2016 through 2021.

           *       *       *       *       *       *       *

                TITLE VI--FLEXIBILITY AND ACCOUNTABILITY

SEC. 6001. PURPOSES.

     The purposes of this title are--
            (1) to support State and local innovation in 
        preparing all students to meet challenging State 
        academic standards under section 1111(b);
            (2) to provide States and local educational 
        agencies with maximum flexibility in using Federal 
        funds provided under this Act; and
            (3) to support education in rural areas.

                 PART A--IMPROVING ACADEMIC ACHIEVEMENT

                      [Subpart 1--Accountability]

[SEC. 6111. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.

    [The Secretary shall make grants to States to enable the 
States--
            [(1) to pay the costs of the development of the 
        additional State assessments and standards required by 
        section 1111(b), which may include the costs of working 
        in voluntary partnerships with other States, at the 
        sole discretion of each such State; and
            [(2) if a State has developed the assessments and 
        standards required by section 1111(b), to administer 
        those assessments or to carry out other activities 
        described in this subpart and other activities related 
        to ensuring that the State's schools and local 
        educational agencies are held accountable for results, 
        such as the following:
                    [(A) Developing challenging State academic 
                content and student academic achievement 
                standards and aligned assessments in academic 
                subjects for which standards and assessments 
                are not required by section 1111(b).
                    [(B) Developing or improving assessments of 
                English language proficiency necessary to 
                comply with section 1111(b)(7).
                    [(C) Ensuring the continued validity and 
                reliability of State assessments.
                    [(D) Refining State assessments to ensure 
                their continued alignment with the State's 
                academic content standards and to improve the 
                alignment of curricula and instructional 
                materials.
                    [(E) Developing multiple measures to 
                increase the reliability and validity of State 
                assessment systems.
                    [(F) Strengthening the capacity of local 
                educational agencies and schools to provide all 
                students the opportunity to increase 
                educational achievement, including carrying out 
                professional development activities aligned 
                with State student academic achievement 
                standards and assessments.
                    [(G) Expanding the range of accommodations 
                available to students with limited English 
                proficiency and students with disabilities to 
                improve the rates of inclusion of such 
                students, including professional development 
                activities aligned with State academic 
                achievement standards and assessments.
                    [(H) Improving the dissemination of 
                information on student achievement and school 
                performance to parents and the community, 
                including the development of information and 
                reporting systems designed to identify best 
                educational practices based on scientifically 
                based research or to assist in linking records 
                of student achievement, length of enrollment, 
                and graduation over time.]

[SEC. 6112. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.

    [(a) Grant Program Authorized.--From funds made available 
to carry out this subpart, the Secretary shall award, on a 
competitive basis, grants to State educational agencies that 
have submitted an application at such time, in such manner, and 
containing such information as the Secretary may require, which 
demonstrate to the satisfaction of the Secretary, that the 
requirements of this section will be met, for the following:
            [(1) To enable States (or consortia of States) to 
        collaborate 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)(3).
            [(2) To measure student academic achievement using 
        multiple measures of student academic achievement from 
        multiple sources.
            [(3) To chart student progress over time.
            [(4) To evaluate student academic achievement 
        through the development of comprehensive academic 
        assessment instruments, such as performance and 
        technology-based academic assessments.
    [(b) Application.--Each State wishing to apply for funds 
under this section shall include in its State plan under part A 
of title I such information as the Secretary may require.
    [(c) Annual Report.--Each State educational agency 
receiving a grant under this section shall submit an annual 
report to the Secretary describing its activities, and the 
result of those activities, under the grant.

[SEC. 6113. FUNDING.

    [(a) Authorization of Appropriations.--
            [(1) National assessment of educational progress.--
        [For the purpose of administering the State assessments 
        under the National Assessment of Educational Progress, 
        there are authorized to be appropriated $72,000,000 for 
        fiscal year 2002, and such sums as may be necessary for 
        each of the 5 succeeding fiscal years.
            [(2) State assessments and related activities.--For 
        the purpose of carrying out this subpart, there are 
        authorized to be appropriated $490,000,000 for fiscal 
        year 2002, and such sums as may be necessary for each 
        of the 5 succeeding fiscal years.
    [(b) Allotment of Appropriated Funds.--
            [(1) In general.--From amounts made available for 
        each fiscal year under subsection (a)(2) that are equal 
        to or less than the amount described in section 
        1111(b)(3)(D) (hereinafter in this subsection referred 
        to as the ``trigger amount''), the Secretary shall--
                    [(A) reserve one-half of 1 percent for the 
                Bureau of Indian Affairs;
                    [(B) reserve one-half of 1 percent for the 
                outlying areas; and
                    [(C) from the remainder, allocate to each 
                State an amount equal to--
                            [(i) $3,000,000; and
                            [(ii) 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 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.
            [(2) Remainder.--Any amounts remaining for a fiscal 
        year after the Secretary carries out paragraph (1) 
        shall be made available as follows:
                    [(A)(i) To award funds under section 6112 
                to States according to the quality, needs, and 
                scope of the State application under that 
                section.
                    [(ii) In determining the grant amount under 
                clause (i), the Secretary shall ensure that a 
                State's grant shall include 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 basis of the most recent satisfactory 
                data) bears to the total number of such 
                students in all States.
                    [(B) Any amounts remaining after the 
                Secretary awards funds under subparagraph (A) 
                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.]

           *       *       *       *       *       *       *

 Subpart [2]1--Funding Transferability for State and Local Educational 
                                Agencies

SEC. [6121]6111. SHORT TITLE.

    * * *

SEC. [6122]6112. PURPOSE.

     The purpose of this subpart is to allow States and local 
educational agencies the flexibility--
            (1) * * *

           *       *       *       *       *       *       *

SEC. [6123]6113. TRANSFERABILITY OF FUNDS.

    (a) Transfers by States.--
            (1) In general.-- In accordance with this subpart, 
        a State may transfer [not more than 50 percent of the 
        nonadministrative State funds]all, or any lesser 
        amount, of State funds (including funds transferred 
        under paragraph (2)) allotted to the State for use for 
        State-level activities under the following provisions 
        for a fiscal year to one or more of the State's 
        allotments for such fiscal year under any other of such 
        provisions:
                    [(A) Section 2113(a)(3).
                    [(B) Section 2412(a)(1).
                    [(C) Subsections (a)(1) (with the agreement 
                of the Governor) and (c)(1) of section 4112 and 
                section 4202(c)(3).
                    [(D) Section 5112(b).]
                    (A) Part A of title II.
                    (B) Part A of title IV.
                    (C) Part G of title V.
            (2) Additional funds for title i.--In accordance 
        with this subpart [and subject to the 50 percent 
        limitation described in paragraph (1)], a State may 
        transfer any funds allotted to the State under a 
        provision listed in paragraph (1) to its allotment 
        under title I.
    (b) Transfers by Local Educational Agencies.--
            (1) Authority to transfer funds.--
                    (A) In general.--In accordance with this 
                subpart, a local educational agency [(except a 
                local educational agency identified for 
                improvement under section 1116(c) or subject to 
                corrective action under section 1116(c)(9)) may 
                transfer not more than 50 percent of the funds 
                allocated to it (including funds transferred 
                under subparagraph (C))]may transfer all, or 
                any lesser amount, of the funds allocated to it 
                under each of the provisions listed in 
                paragraph (2) for a fiscal year to one or more 
                of its allocations for such fiscal year under 
                any other provision listed in paragraph (2).
                    [(B) Agencies identified for improvement.-- 
                In accordance with this subpart, a local 
                educational agency identified for improvement 
                under section 1116(c) may transfer not more 
                than 30 percent of the funds allocated to it 
                (including funds transferred under subparagraph 
                (C)) under each of the provisions listed in 
                paragraph (2) for a fiscal year--
                            [(i) to its allocation for school 
                        improvement for such fiscal year under 
                        section 1003; or
                            [(ii) to any other allocation for 
                        such fiscal year if such transferred 
                        funds are used only for local 
                        educational agency improvement 
                        activities consistent with section 
                        1116(c).]
                    [(C)](B) Additional funds for title I.--In 
                accordance with this subpart[and subject to the 
                percentage limitation described in subparagraph 
                (A) or (B), as applicable], a local educational 
                agency may transfer funds allocated to such 
                agency under any of the provisions listed in 
                paragraph (2) for a fiscal year to its 
                allocation for part A of title I for that 
                fiscal year.
            (2) Applicable provisions.--A local educational 
        agency may transfer funds under [subparagraph (A), (B), 
        or (C)]subparagraph (A) or (B)  of paragraph (1) from 
        allocations made under each of the following 
        provisions:
                    [(A) Section 2121.
                    [(B) Section 2412(a)(2)(A).
                    [(C) Section 4112(b)(1).
                    [(D) Section 5112(a).]
                    (A) Part A of title II.
                    (B) Part A of title IV.
                    (C) Part G of title V.
    (c) No Transfer of Title I Funds.-- * * *

           *       *       *       *       *       *       *

     Subpart 2--Weighted Student Funding Flexibility Pilot Program

SEC. 6121. WEIGHTED STUDENT FUNDING FLEXIBILITY PILOT PROGRAM.

    (a) Purpose.--The purpose of the pilot program under this 
section is to provide local educational agencies with 
flexibility to consolidate Federal, State, and local 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.--The Secretary may, on a competitive basis, 
enter into local flexibility demonstration agreements--
            (1) for not more than 2 years with local 
        educational agencies that are selected under subsection 
        (c) and submit proposed agreements that meet the 
        requirements of subsection (d); and
            (2) 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.
    (c) Selection of Local Educational Agencies.--
            (1) In general.--The Secretary may enter into local 
        flexibility demonstration agreements with not more than 
        25 local educational agencies, reflecting the size and 
        geographic diversity of all such agencies nationwide to 
        the maximum extent feasible.
            (2) Selection.--Each local educational agency shall 
        be selected on a competitive basis from among those 
        local educational agencies that--
                    (A) submit a proposed local flexibility 
                demonstration agreement under subsection (d) to 
                the Secretary;
                    (B) demonstrate to the satisfaction of the 
                Secretary that the agreement meets the 
                requirements of subsection (d); and
                    (C) agree to meet the continued 
                demonstration requirements under subsection 
                (e).
    (d) Required Terms of Local Flexibility Demonstration 
Agreement.--
            (1) Application.--Each local educational agency 
        that desires to participate in the pilot program under 
        this section shall submit, at such time, in such form, 
        and including such information 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, including--
                    (A) a description of the school funding 
                system based on weighted per pupil allocations, 
                including how the system will meet the 
                requirements under paragraph (2);
                    (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 
                continue to ensure that any eligible Federal 
                funds allocated through the system will 
                continue to 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;
                    (G) a description of how the local 
                educational agency will develop and employ a 
                weighted student funding system to support 
                public elementary schools and secondary schools 
                in order to improve the academic achievement of 
                students, including low-income students, the 
                lowest achieving students, English learners, 
                and students with disabilities;
                    (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, administrators of Federal 
                programs impacted by the agreement, parents, 
                civil rights leaders, and other relevant 
                stakeholders;
                    (I) an assurance that the local educational 
                agency will use fiscal control and sound 
                accountability 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 1117; 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) allocate a significant portion 
                        of funds, including State, local, and 
                        eligible Federal funds, to the school 
                        level through a formula that determines 
                        per-pupil weighted amounts based on 
                        individual student characteristics;
                            (ii) use weights or allocation 
                        amounts that allocate substantially 
                        more funding to students from low-
                        income families and English learners 
                        than to other students; and
                            (iii) demonstrate to the Secretary, 
                        that each high-poverty school received 
                        at least as much total per-pupil 
                        funding, including from Federal, State, 
                        and local sources, for low-income 
                        students and at least as much total 
                        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.
                    (B) The system shall be used to allocate a 
                significant portion, including all school level 
                personnel expenditures for instructional staff 
                and nonpersonnel expenditures, but not less 
                than 65 percent, of all the local educational 
                agency's local and State funds to schools.
                    (C) 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.
                    (D) The system may include weights or 
                allocation amounts according to other 
                characteristics.
    (e) Continued Demonstration.--Each local educational agency 
that is selected to participate in the pilot program under this 
section shall annually--
            (1) demonstrate to the Secretary, that no high-
        poverty school served by the agency received less total 
        per-pupil funding, including from Federal, State, and 
        local sources, for low-income students or less total 
        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 students 
        enrolled in each school served by the agency and the 
        number of students enrolled in each such school 
        disaggregated by each of the categories of students, as 
        defined in section 1111(b)(3)(A).
    (f) Eligible Federal Funds.--In this section, the term 
``eligible Federal funds'' means funds received by a local 
educational agency under titles I, II, III, and IV of this Act.
    (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, III, or IV.
    (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 9601, 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 9601 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.

         [Subpart 3--State and Local Flexibility Demonstration]

[SEC. 6131. SHORT TITLE.

     [This subpart may be cited as the ``State and Local 
Flexibility Demonstration Act''.]

[SEC. 6132. PURPOSE.

     [The purpose of this subpart is to create options for 
selected State educational agencies and local educational 
agencies--
            [(1) to improve the academic achievement of all 
        students, and to focus the resources of the Federal 
        Government upon such achievement;
            [(2) to improve teacher quality and subject matter 
        mastery, especially in mathematics, reading, and 
        science;
            [(3) to better empower parents, educators, 
        administrators, and schools to effectively address the 
        needs of their children and students;
            [(4) to give participating State educational 
        agencies and local educational agencies greater 
        flexibility in determining how to increase their 
        students' academic achievement and implement education 
        reforms in their schools;
            [(5) to eliminate barriers to implementing 
        effective State and local education reform, while 
        preserving the goals of opportunity for all students 
        and accountability for student progress;
            [(6) to hold participating State educational 
        agencies and local educational agencies accountable for 
        increasing the academic achievement of all students, 
        especially disadvantaged students; and
            [(7) to narrow achievement gaps between the lowest 
        and highest achieving groups of students so that no 
        child is left behind.]

[SEC. 6133. GENERAL PROVISION.

    [For purposes of this subpart, any State that is one local 
educational agency shall be considered a State educational 
agency and not a local educational agency.]

                [CHAPTER A--STATE FLEXIBILITY AUTHORITY]

[SEC. 6141. STATE FLEXIBILITY.

    [(a) Flexibility Authority.--Except as otherwise provided 
in this chapter, the Secretary shall, on a competitive basis, 
grant flexibility authority to not more than seven eligible 
State educational agencies, under which the agencies may 
consolidate and use funds in accordance with section 6142.
    [(b) Definitions.--In this chapter:
            [(1) Eligible state educational agency.--The term 
        ``eligible State educational agency'' means a State 
        educational agency that--
                    [(A) submits an approvable application 
                under subsection (c); and
                    [(B) proposes performance agreements--
                            [(i) that shall be entered into 
                        with not fewer than 4, and not more 
                        than 10, local educational agencies;
                            [(ii) not fewer than half of which 
                        shall be entered into with high-poverty 
                        local educational agencies; and
                            [(iii) that require the local 
                        educational agencies described in 
                        clause (i) to align their use of 
                        consolidated funds under section 6152 
                        with the State educational agency's use 
                        of consolidated funds under section 
                        6142.
            [(2) High-poverty local educational agency.--The 
        term ``high-poverty local educational agency'' means a 
        local educational agency for which 20 percent or more 
        of the children who are age 5 through 17, and served by 
        the local educational agency, are from families with 
        incomes below the poverty line.
    [(c) State Applications.--
            [(1) Applications.--To be eligible to receive 
        flexibility authority under this chapter, a State 
        educational agency shall submit an application to the 
        Secretary at such time, in such manner, and containing 
        such information as the Secretary may require, 
        including--
                    [(A) information demonstrating, to the 
                satisfaction of the Secretary, that the grant 
                of authority offers substantial promise of--
                            [(i) assisting the State 
                        educational agency in making adequate 
                        yearly progress, as defined under 
                        section 1111(b)(2); and
                            [(ii) aligning State and local 
                        reforms and assisting the local 
                        educational agencies that enter into 
                        performance agreements with the State 
                        educational agency under paragraph (2) 
                        in making such adequate yearly 
                        progress;
                    [(B) the performance agreements that the 
                State educational agency proposes to enter into 
                with eligible local educational agencies under 
                paragraph (2);
                    [(C) information demonstrating that the 
                State educational agency has consulted with and 
                involved parents, representatives of local 
                educational agencies, and other educators in 
                the development of the terms of the grant of 
                authority;
                    [(D) a provision specifying that the grant 
                of flexibility authority shall be for a term of 
                not more than 5 years;
                    [(E) a list of the programs described in 
                section 6142(b) that are included in the scope 
                of the grant of authority;
                    [(F) a provision specifying that no 
                requirements of any program described in 
                section 6142(b) and included by a State 
                educational agency in the scope of the grant of 
                authority shall apply to that agency, except as 
                otherwise provided in this chapter;
                    [(G) a 5-year plan describing how the State 
                educational agency intends to consolidate and 
                use the funds from programs included in the 
                scope of the grant of authority, for any 
                educational purpose authorized under this Act, 
                in order to make adequate yearly progress and 
                advance the education priorities of the State 
                and the local educational agencies with which 
                the State educational agency enters into 
                performance agreements;
                    [(H) an assurance that the State 
                educational agency will provide parents, 
                teachers, and representatives of local 
                educational agencies and schools with notice 
                and an opportunity to comment on the proposed 
                terms of the grant of authority;
                    [(I) an assurance that the State 
                educational agency, and the local educational 
                agencies with which the State educational 
                agency enters into performance agreements, will 
                use fiscal control and fund accounting 
                procedures that will ensure proper disbursement 
                of, and accounting for, Federal funds 
                consolidated and used under the grant of 
                authority;
                    [J) an assurance that the State educational 
                agency, and the local educational agencies with 
                which the State educational agency enters into 
                performance agreements, will meet the 
                requirements of all applicable Federal civil 
                rights laws in carrying out the grant of 
                authority, including consolidating and using 
                funds under the grant of authority;
                    [(K) an assurance that, in consolidating 
                and using funds under the grant of authority--
                            [(i) the State educational agency, 
                        and the local educational agencies with 
                        which the State educational agency 
                        enters into performance agreements, 
                        will provide for the equitable 
                        participation of students and 
                        professional staff in private schools 
                        consistent with section 9501; and
                            [(ii) that sections 9502, 9503, and 
                        9504 shall apply to all services and 
                        assistance provided with such funds in 
                        the same manner as such sections apply 
                        to services and assistance provided in 
                        accordance with section 9501;
                    [(L) an assurance that the State 
                educational agency will, for the duration of 
                the grant of authority, use funds consolidated 
                under section 6142 only to supplement the 
                amount of funds that would, in the absence of 
                those Federal funds, be made available from 
                non-Federal sources for the education of 
                students participating in programs assisted 
                with the consolidated funds, and not to 
                supplant those funds; and
                    [(M) an assurance that the State 
                educational agency shall, not later than 1 year 
                after the date on which the Secretary makes the 
                grant of authority, and annually thereafter 
                during the term of the grant of authority, 
                disseminate widely to parents and the general 
                public, transmit to the Secretary, distribute 
                to print and broadcast media, and post on the 
                Internet, a report, which shall include a 
                detailed description of how the State 
                educational agency, and the local educational 
                agencies with which the State educational 
                agency enters into performance agreements, used 
                the funds consolidated under the grant of 
                authority to make adequate yearly progress and 
                advance the education priorities of the State 
                and local educational agencies in the State.
            [(2) Proposed performance agreements with local 
        educational agencies.--
                    [(A) In general.--A State educational 
                agency that wishes to receive flexibility 
                authority under this subpart shall propose 
                performance agreements that meet the 
                requirements of clauses (i) and (ii) of 
                subsection (b)(1)(B) (subject to approval of 
                the application or amendment involved under 
                subsection (d) or (e)).
                    [(B) Performance agreements.--Each proposed 
                performance agreement with a local educational 
                agency shall--
                            [(i) contain plans for the local 
                        educational agency to consolidate and 
                        use funds in accordance with section 
                        6152, for activities that are aligned 
                        with the State educational agency's 
                        plan described in paragraph (1)(G);
                            [(ii) be subject to the 
                        requirements of chapter B relating to 
                        agreements between the Secretary and a 
                        local educational agency, except--
                                    [(I) that, as appropriate, 
                                references in that chapter to 
                                the Secretary shall be deemed 
                                to be references to the State 
                                educational agency; and
                                    [(II) as otherwise provided 
                                in this chapter; and
                            [(iii) contain an assurance that 
                        the local educational agency will, for 
                        the duration of the grant of authority, 
                        use funds consolidated under section 
                        6152 only to supplement the amount of 
                        funds that would, in the absence of 
                        those Federal funds, be made available 
                        from non-Federal sources for the 
                        education of students participating in 
                        programs assisted with the consolidated 
                        funds, and not to supplant those funds.
    [(d) Approval and Selection.--The Secretary shall--
            [(1) establish a peer review process to assist in 
        the review of proposed State applications under this 
        section; and
            [(2) appoint individuals to participate in the peer 
        review process who are--
                    [(A) representative of parents, teachers, 
                State educational agencies, and local 
                educational agencies; and
                    [(B) familiar with educational standards, 
                assessments, accountability, curricula, 
                instruction, and staff development, and other 
                diverse educational needs of students.
    [(e) Amendment to Grant of Authority.--
            [(1) In general.--Subject to paragraph (2), the 
        Secretary shall amend the grant of flexibility 
        authority made to a State educational agency under this 
        chapter, in each of the following circumstances:
                    [(A) Reduction in scope of the grant of 
                authority.--Not later than 1 year after 
                receiving a grant of flexibility authority, the 
                State educational agency seeks to amend the 
                grant of authority to remove from the scope of 
                the grant of authority any program described in 
                section 6142(b).
                    [(B) Expansion of scope of the grant of 
                authority.--Not later than 1 year after 
                receiving a grant of flexibility authority, the 
                State educational agency seeks to amend the 
                grant of authority to include in the scope of 
                the grant of authority any additional program 
                described in section 6142(b) or any additional 
                achievement indicators for which the State will 
                be held accountable.
                    [(C) Changes with respect to number of 
                performance agreements.--The State educational 
                agency seeks to amend the grant of authority to 
                include or remove performance agreements that 
                the State educational agency proposes to enter 
                into with eligible local educational agencies, 
                except that in no case may the State 
                educational agency enter into performance 
                agreements that do not meet the requirements of 
                clauses (i) and (ii) of subsection (b)(1)(B).
            [(2) Approval and disapproval.--
                    [(A) Deemed approval.--A proposed amendment 
                to a grant of flexibility authority submitted 
                by a State educational agency pursuant to 
                paragraph (1) 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 proposed 
                amendment, that the proposed amendment is not 
                in compliance with this chapter.
                    [(B) Disapproval.--The Secretary shall not 
                finally disapprove the proposed amendment, 
                except after giving the State educational 
                agency notice and an opportunity for a hearing.
                    [(C) Notification.--If the Secretary finds 
                that the proposed amendment is not in 
                compliance, in whole or in part, with this 
                chapter, the Secretary shall--
                            [(i) give the State educational 
                        agency notice and an opportunity for a 
                        hearing; and
                            [(ii) notify the State educational 
                        agency of the finding of noncompliance 
                        and, in such notification, shall--
                                    [(I) cite the specific 
                                provisions in the proposed 
                                amendment that are not in 
                                compliance; and
                                    [(II) request additional 
                                information, only as to the 
                                noncompliant provisions, needed 
                                to make the proposed amendment 
                                compliant.
                    [(D) Response.--If the State educational 
                agency responds to the Secretary's notification 
                described in subparagraph (C)(ii) during the 
                45-day period beginning on the date on which 
                the agency received the notification, and 
                resubmits the proposed amendment with the 
                requested information described in subparagraph 
                (C)(ii)(II), the Secretary shall approve or 
                disapprove such proposed amendment prior to the 
                later of--
                            [(i) the expiration of the 45-day 
                        period beginning on the date on which 
                        the proposed amendment is resubmitted; 
                        or
                            [(ii) the expiration of the 120-day 
                        period described in subparagraph (A).
                    [(E) Failure to respond.--If the State 
                educational agency does not respond to the 
                Secretary's notification described in 
                subparagraph (C)(ii) during the 45-day period 
                beginning on the date on which the agency 
                received the notification, such proposed 
                amendment shall be deemed to be disapproved.
            [(3) Treatment of program funds withdrawn from 
        grant of authority.--Beginning on the effective date of 
        an amendment executed under paragraph (1)(A), each 
        program requirement of each program removed from the 
        scope of a grant of authority shall apply to the use of 
        funds made available under the program by the State 
        educational agency and each local educational agency 
        with which the State educational agency has a 
        performance agreement.]

[SEC. 6142. CONSOLIDATION AND USE OF FUNDS.

    [(a) In General.--
            [(1) Authority.--Under a grant of flexibility 
        authority made under this chapter, a State educational 
        agency may consolidate Federal funds described in 
        subsection (b) and made available to the agency, and 
        use such funds for any educational purpose authorized 
        under this Act.
            [(2) Program requirements.--Except as otherwise 
        provided in this chapter, a State educational agency 
        may use funds under paragraph (1) notwithstanding the 
        program requirements of the program under which the 
        funds were made available to the State.
    [(b) Eligible Funds and Programs.--
            [(1) Funds.--The funds described in this subsection 
        are funds, for State-level activities and State 
        administration, that are described in the following 
        provisions:
                    [(A) Section 1004.
                    [(B) Paragraphs (4) and (5) of section 
                1202(d).
                    [(C) Section 2113(a)(3).
                    [(D) Section 2412(a)(1).
                    [(E) Subsections (a) (with the agreement of 
                the Governor), (b)(2), and (c)(1) of section 
                4112.
                    [(F) Paragraphs (2) and (3) of section 
                4202(c).
                    [(G) Section 5112(b).
            [(2) Programs.--The programs described in this 
        subsection are the programs authorized to be carried 
        out with funds described in paragraph (1).
    [(c) Special Rule.--A State educational agency that 
receives a grant of flexibility authority under this chapter--
            [(1) shall ensure that the funds described in 
        section 5112(a) are allocated to local educational 
        agencies in the State in accordance with section 
        5112(a); but
            [(2) may specify how the local educational agencies 
        shall use the allocated funds.]

[SEC. 6143. PERFORMANCE REVIEW AND PENALTIES.

    [(a) Midterm Review.--
            [(1) Failure to make adequate yearly progress.--If, 
        during the term of a grant of flexibility authority 
        under this chapter, a State educational agency fails to 
        make adequate yearly progress for 2 consecutive years, 
        the Secretary shall, after providing notice and an 
        opportunity for a hearing, terminate the grant of 
        authority promptly.
            [(2) Noncompliance.--The Secretary may, after 
        providing notice and an opportunity for a hearing 
        (including the opportunity to provide evidence as 
        described in paragraph (3)), terminate a grant of 
        flexibility authority for a State if there is evidence 
        that the State educational agency involved has failed 
        to comply with the terms of the grant of authority.
            [(3) Evidence.--If a State educational agency 
        believes that a determination of the Secretary under 
        this subsection is in error for statistical or other 
        substantive reasons, the State educational agency may 
        provide supporting evidence to the Secretary, and the 
        Secretary shall consider that evidence before making a 
        final termination determination under this subsection.
    [(b) Final Review.--
            [(1) In general.--If, at the end of the 5-year term 
        of a grant of flexibility authority made under this 
        chapter, the State educational agency has not met the 
        requirements described in section 6141(c), the 
        Secretary may not renew the grant of flexibility 
        authority under section 6144.
            [(2) Compliance.--Beginning on the date on which 
        such term ends, the State educational agency, and the 
        local educational agencies with which the State 
        educational agency has entered into performance 
        agreements, shall be required to comply with each of 
        the program requirements in effect on such date for 
        each program that was included in the grant of 
        authority.]

[SEC. 6144. RENEWAL OF GRANT OF FLEXIBILITY AUTHORITY.

    [(a) In General.--Except as provided in section 6143 and in 
accordance with this section, if a State educational agency has 
met, by the end of the original 5-year term of a grant of 
flexibility authority under this chapter, the requirements 
described in section 6141(c), the Secretary shall renew a grant 
of flexibility authority for one additional 5-year term.
    [(b) Renewal.--The Secretary may not renew a grant of 
flexibility authority under this chapter unless, not later than 
6 months before the end of the original term of the grant of 
authority, the State educational agency seeking the renewal 
notifies the Secretary, and the local educational agencies with 
which the State educational agency has entered into performance 
agreements, of the agency's intention to renew the grant of 
authority.
    [(c) Effective Date.--A renewal under this section shall be 
effective on the later of--
            [(1) the expiration of the original term of the 
        grant of authority; or
            [(2) the date on which the State educational agency 
        seeking the renewal provides to the Secretary all data 
        required for the application described in section 
        6141(c).]

              [CHAPTER B--LOCAL FLEXIBILITY DEMONSTRATION]

[SEC. 6151. LOCAL FLEXIBILITY DEMONSTRATION AGREEMENTS.

    [(a) Authority.--Except as otherwise provided in this 
chapter, the Secretary shall, on a competitive basis, enter 
into local flexibility demonstration agreements--
            [(1) with local educational agencies that submit 
        approvable proposed agreements under subsection (c) and 
        that are selected under subsection (b); and
            [(2) under which those agencies may consolidate and 
        use funds in accordance with section 6152.
    [(b) Selection of Local Educational Agencies.--
            [(1) In general.--Subject to paragraph (2), the 
        Secretary shall enter into local flexibility 
        demonstration agreements under this chapter with not 
        more than 80 local educational agencies. Each local 
        educational agency shall be selected on a competitive 
        basis from among those local educational agencies 
        that--
                    [(A) submit a proposed local flexibility 
                demonstration agreement under subsection (c) to 
                the Secretary and demonstrate, to the 
                satisfaction of the Secretary, that the 
                agreement--
                            [(i) has a substantial promise of 
                        assisting the local educational agency 
                        in meeting the State's definition of 
                        adequate yearly progress, advancing the 
                        education priorities of the local 
                        educational agency, meeting the general 
                        purposes of the programs included under 
                        this chapter and the purposes of this 
                        part, improving student achievement, 
                        and narrowing achievement gaps in 
                        accordance with section 1111(b);
                            [(ii) meets the requirements of 
                        this chapter; and
                            [(iii) contains a plan to 
                        consolidate and use funds in accordance 
                        with section 6152 in order to meet the 
                        State's definition of adequate yearly 
                        progress and the local educational 
                        agency's specific, measurable goals for 
                        improving student achievement and 
                        narrowing achievement gaps; and
                    [(B) have consulted and involved parents 
                and other educators in the development of the 
                proposed local flexibility demonstration 
                agreement.
            [(2) Geographic distribution.--
                    [(A) Initial agreements.--The Secretary may 
                enter into not more than three local 
                flexibility demonstration agreements under this 
                chapter with local educational agencies in each 
                State that does not have a grant of flexibility 
                authority under chapter A.
                    [(B) Urban and rural areas.--If more than 
                three local educational agencies in a State 
                submit approvable local flexibility 
                demonstration agreements under this chapter, 
                the Secretary shall select local educational 
                agencies with which to enter into such 
                agreements in a manner that ensures an 
                equitable distribution among such agencies 
                serving urban and rural areas.
                    [(C) Priority of states to enter into state 
                flexibility demonstration agreements.--
                Notwithstanding any other provision of this 
                part, a local educational agency may not seek 
                to enter into a local flexibility demonstration 
                agreement under this chapter if that agency is 
                located in a State for which the State 
                educational agency--
                            [(i) has, not later than 4 months 
                        after the date of enactment of the No 
                        Child Left Behind Act of 2001, notified 
                        the Secretary of its intent to apply 
                        for a grant of flexibility authority 
                        under chapter A and, within such period 
                        of time as the Secretary may establish, 
                        is provided with such authority by the 
                        Secretary; or
                            [(ii) has, at any time after such 
                        period, been granted flexibility 
                        authority under chapter A.
    [(c) Required Terms of Local Flexibility Demonstration 
Agreement.--Each local flexibility demonstration agreement 
entered into with the Secretary under this chapter shall 
contain each of the following terms:
            [(1) Duration.--The local flexibility demonstration 
        agreement shall be for a term of 5 years.
            [(2) Application of program requirements.--The 
        local flexibility demonstration agreement shall provide 
        that no requirements of any program described in 
        section 6152 and included by a local educational agency 
        in the scope of its agreement shall apply to that 
        agency, except as otherwise provided in this chapter.
            [(3) List of programs.--The local flexibility 
        demonstration agreement shall list which of the 
        programs described in section 6152 are included in the 
        scope of the agreement.
            [(4) Use of funds to improve student achievement.--
        The local flexibility demonstration agreement shall 
        contain a 5-year plan describing how the local 
        educational agency intends to consolidate and use the 
        funds from programs included in the scope of the 
        agreement for any educational purpose authorized under 
        this Act to advance the education priorities of the 
        local educational agency, meet the general purposes of 
        the included programs, improve student achievement, and 
        narrow achievement gaps in accordance with section 
        1111(b).
            [(5) Local input.--The local flexibility 
        demonstration agreement shall contain an assurance that 
        the local educational agency will provide parents, 
        teachers, and representatives of schools with notice 
        and an opportunity to comment on the proposed terms of 
        the local flexibility demonstration agreement.
            [(6) Fiscal responsibilities.--The local 
        flexibility demonstration agreement shall contain an 
        assurance that the local educational agency will use 
        fiscal control and fund accounting procedures that will 
        ensure proper disbursement of, and accounting for, 
        Federal funds consolidated and used under the 
        agreement.
            [(7) Civil rights.--The local flexibility 
        demonstration agreement shall contain 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 the 
        funds under the agreement.
            [(8) Private school participation.--The local 
        flexibility demonstration agreement shall contain an 
        assurance that the local educational agency agrees that 
        in consolidating and using funds under the agreement--
                    [(A) the local educational agency, will 
                provide for the equitable participation of 
                students and professional staff in private 
                schools consistent with section 9501; and
                    [(B) that sections 9502, 9503, and 9504 
                shall apply to all services and assistance 
                provided with such funds in the same manner as 
                such sections apply to services and assistance 
                provided in accordance with section 9501.
            [(9) Supplanting.--The local flexibility 
        demonstration agreement shall contain an assurance that 
        the local educational agency will, for the duration of 
        the grant of authority, use funds consolidated under 
        section 6152 only to supplement the amount of funds 
        that would, in the absence of those Federal funds, be 
        made available from non-Federal sources for the 
        education of students participating in programs 
        assisted with the consolidated funds, and not to 
        supplant those funds.
            [(10) Annual reports.--The local flexibility 
        demonstration agreement shall contain an assurance that 
        the local educational agency shall, not later than 1 
        year after the date on which the Secretary enters into 
        the agreement, and annually thereafter during the term 
        of the agreement, disseminate widely to parents and the 
        general public, transmit to the Secretary, and the 
        State educational agency for the State in which the 
        local educational agency is located, distribute to 
        print and broadcast media, and post on the Internet, a 
        report that includes a detailed description of how the 
        local educational agency used the funds consolidated 
        under the agreement to improve student academic 
        achievement and reduce achievement gaps.
    [(d) Peer Review.--The Secretary shall--
            [(1) establish a peer review process to assist in 
        the review of proposed local flexibility demonstration 
        agreements under this chapter; and
            [(2) appoint individuals to the peer review process 
        who are representative of parents, teachers, State 
        educational agencies, and local educational agencies, 
        and who are familiar with educational standards, 
        assessments, accountability, curriculum, instruction 
        and staff development, and other diverse educational 
        needs of students.
    [(e) Amendment to Performance Agreement.--
            [(1) In general.--In each of the following 
        circumstances, the Secretary shall amend a local 
        flexibility demonstration agreement entered into with a 
        local educational agency under this chapter:
                    [(A) Reduction in scope of local 
                flexibility demonstration agreement.--Not later 
                than 1 year after entering into a local 
                flexibility demonstration agreement, the local 
                educational agency seeks to amend the agreement 
                to remove from the scope any program described 
                in section 6152.
                    [(B) Expansion of scope of local 
                flexibility demonstration agreement.--Not later 
                than 1 year after entering into the local 
                flexibility demonstration agreement, a local 
                educational agency seeks to amend the agreement 
                to include in its scope any additional program 
                described in section 6251 or any additional 
                achievement indicators for which the local 
                educational agency will be held accountable.
            [(2) Approval and disapproval.--
                    [(A) Deemed approval.--A proposed amendment 
                to a local flexibility demonstration agreement 
                pursuant to paragraph (1) 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 
                proposed amendment, that the proposed amendment 
                is not in compliance with this chapter.
                    [(B) Disapproval.--The Secretary shall not 
                finally disapprove the proposed amendment, 
                except after giving the local educational 
                agency notice and an opportunity for a hearing.
                    [(C) Notification.--If the Secretary finds 
                that the proposed amendment is not in 
                compliance, in whole or in part, with this 
                chapter, the Secretary shall--
                            [(i) give the local educational 
                        agency notice and an opportunity for a 
                        hearing; and
                            [(ii) notify the local educational 
                        agency of the finding of noncompliance 
                        and, in such notification, shall--
                                    [(I) cite the specific 
                                provisions in the proposed 
                                amendment that are not in 
                                compliance; and
                                    [(II) request additional 
                                information, only as to the 
                                noncompliant provisions, needed 
                                to make the proposed amendment 
                                compliant.
                    [(D) Response.--If the local educational 
                agency responds to the Secretary's notification 
                described in subparagraph (C)(ii) during the 
                45-day period beginning on the date on which 
                the agency received the notification, and 
                resubmits the proposed amendment with the 
                requested information described in subparagraph 
                (C)(ii)(II), the Secretary shall approve or 
                disapprove such proposed amendment prior to the 
                later of--
                            [(i) the expiration of the 45-day 
                        period beginning on the date on which 
                        the proposed amendment is resubmitted; 
                        or
                            [(ii) the expiration of the 120-day 
                        period described in subparagraph (A).
                    [(E) Failure to respond.--If the local 
                educational agency does not respond to the 
                Secretary's notification described in 
                subparagraph (C)(ii) during the 45-day period 
                beginning on the date on which the agency 
                received the notification, such proposed 
                amendment shall be deemed to be disapproved.
            [(3) Treatment of program funds withdrawn from 
        agreement.--Beginning on the effective date of an 
        amendment executed under paragraph (1)(A), each program 
        requirement of each program removed from the scope of a 
        local flexibility demonstration agreement shall apply 
        to the use of funds made available under the program by 
        the local educational agency.]

[SEC. 6152. CONSOLIDATION AND USE OF FUNDS.

    [(a) In General.--
            [(1) Authority.--Under a local flexibility 
        demonstration agreement entered into under this 
        chapter, a local educational agency may consolidate 
        Federal funds made available to the agency under the 
        provisions listed in subsection (b) and use such funds 
        for any educational purpose permitted under this Act.
            [(2) Program requirements.--Except as otherwise 
        provided in this chapter, a local educational agency 
        may use funds under paragraph (1) notwithstanding the 
        program requirements of the program under which the 
        funds were made available to the agency.
    [(b) Eligible Programs.--Program funds made available to 
local educational agencies on the basis of a formula under the 
following provisions may be consolidated and used under 
subsection (a):
            [(1) Subpart 2 of part A of title II.
            [(2) Subpart 1 of part D of title II.
            [(3) Subpart 1 of part A of title IV.
            [(4) Subpart 1 of part A of title V.]

[SEC. 6153. LIMITATIONS ON ADMINISTRATIVE EXPENDITURES.

     [Each local educational agency that has entered into a 
local flexibility demonstration agreement with the Secretary 
under this chapter may use for administrative purposes not more 
than 4 percent of the total amount of funds allocated to the 
agency under the programs included in the scope of the 
agreement.]

[SEC. 6154. PERFORMANCE REVIEW AND PENALTIES.

    [(a) Midterm Review.--
            [(1) Failure to make adequate yearly progress.--If, 
        during the term of a local flexibility demonstration 
        agreement, a local educational agency fails to make 
        adequate yearly progress for 2 consecutive years, the 
        Secretary shall, after notice and opportunity for a 
        hearing, promptly terminate the agreement.
            [(2) Noncompliance.--The Secretary may, after 
        providing notice and an opportunity for a hearing 
        (including the opportunity to provide information as 
        provided for in paragraph (3)), terminate a local 
        flexibility demonstration agreement under this chapter 
        if there is evidence that the local educational agency 
        has failed to comply with the terms of the agreement.
            [(3) Evidence.--If a local educational agency 
        believes that the Secretary's determination under this 
        subsection 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 early termination determination.
    [(b) Final Review.--If, at the end of the 5-year term of a 
local flexibility demonstration agreement entered into under 
this chapter, the local educational agency has not met the 
requirements described in section 6151(c), the Secretary may 
not renew the agreement under section 6155 and, beginning on 
the date on which such term ends, the local educational agency 
shall be required to comply with each of the program 
requirements in effect on such date for each program included 
in the local flexibility demonstration agreement.]

[SEC. 6155. RENEWAL OF LOCAL FLEXIBILITY DEMONSTRATION AGREEMENT.

    [(a) In General.--Except as provided in section 6154 and in 
accordance with this section, the Secretary shall renew for one 
additional 5-year term a local flexibility demonstration 
agreement entered into under this chapter if the local 
educational agency has met, by the end of the original term of 
the agreement, the requirements described in section 6151(c).
    [(b) Notification.--The Secretary may not renew a local 
flexibility demonstration agreement under this chapter unless, 
not less than 6 months before the end of the original term of 
the agreement, the local educational agency seeking the renewal 
notifies the Secretary of its intention to renew.
    [(c) Effective Date.--A renewal under this section shall be 
effective at the end of the original term of the agreement or 
on the date on which the local educational agency seeking 
renewal provides to the Secretary all data required under the 
agreement, whichever is later.]

[SEC. 6156. REPORTS.

    [(a) Transmittal to Congress.--Not later than 60 days after 
the Secretary receives a report described in section 
6151(b)(10), the Secretary shall make the report available 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.
    [(b) Limitation.--A State in which a local educational 
agency that has a local flexibility demonstration agreement is 
located may not require such local educational agency to 
provide any application information with respect to the 
programs included within the scope of that agreement other than 
that information that is required to be included in the report 
described in section 6151(b)(10).]

     [Subpart 4--State Accountability for Adequate Yearly Progress]

[SEC. 6161. ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS.

     [In the case of a State educational agency that has a plan 
approved under subpart 1 of part A of title I after the date of 
enactment of the No Child Left Behind Act of 2001, and has a 
plan approved under subpart 1 of part A of title III of such 
Act after such date of enactment, the Secretary shall annually, 
starting with the beginning of the first school year following 
the first two school years for which such plans were 
implemented, review whether the State has--
            [(1) made adequate yearly progress, as defined in 
        section 1111[(b)(2)(B), for each of the groups of 
        students described in section 1111(b)(2)(C)(v); and
            [(2) met its annual measurable achievement 
        objectives under section 3122(a).]

[SEC. 6162. PEER REVIEW.

    [The Secretary shall use a peer review process to review, 
based on data from the State assessments administered under 
section 1111(b)(3) and on data from the evaluations conducted 
under section 3121, whether the State has failed to make 
adequate yearly progress for 2 consecutive years or whether the 
State has met its annual measurable achievement objectives.]

[SEC. 6163. TECHNICAL ASSISTANCE.

    [(a) Provision of Assistance.--
            [(1) Adequate yearly progress.--Based on the review 
        described in section 6161(1), the Secretary shall 
        provide technical assistance to a State that has failed 
        to make adequate yearly progress, as defined in section 
        1111(b)(2), for 2 consecutive years. The Secretary 
        shall provide such assistance not later than the 
        beginning of the first school year that begins after 
        such determination is made.
            [(2) Annual measurable achievement objectives.--
        Based on the reviews described in section 6161(2), the 
        Secretary may provide technical assistance to a State 
        that has failed to meet its annual measurable 
        achievement objectives under section 3122(a) for 2 
        consecutive years. The Secretary shall provide such 
        assistance not later than the beginning of the first 
        school year that begins after such determination is 
        made.
    [(b) Characteristics.--The technical assistance described 
in subsection (a) shall--
            [(1) be valid, reliable and rigorous; and
            [(2) provide constructive feedback to help the 
        State make adequate yearly progress, as defined in 
        section 1111(b)(2), or meet the annual measurable 
        achievement objectives under section 3122(a).]

[SEC. 6164. REPORT TO CONGRESS.

     [Beginning with the school year that begins in 2005, the 
Secretary shall submit an annual report 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 containing the following:
            [(1) A list of each State that has not made 
        adequate yearly progress based on the review conducted 
        under section 6161(1).
            [(2) A list of each State that has not met its 
        annual measurable achievement objectives based on the 
        review conducted under section 6161(2).
            [(3) The information reported by the State to the 
        Secretary pursuant to section 1119(a).
            [(4) A description of any technical assistance 
        provided pursuant to section 6163.]

           *       *       *       *       *       *       *

                   PART B--RURAL EDUCATION INITIATIVE

SEC. 6201. SHORT TITLE.

    This part may be cited as the ``Rural Education Achievement 
Program''.

           *       *       *       *       *       *       *

           Subpart 1--Small, Rural School Achievement Program

SEC. 6211. USE OF APPLICABLE FUNDING.

    (a) Alternative Uses.--
            (1) In general.--* * *
                    [(A) Part A of title I.
                    [(B) Part A or D of title II.
                    [(C) Title III.
                    [(D) Part A or B of title IV.
                    [(E) Part A of title V.]
                    (A) Part A of title I.
                    (B) Part A of title II.
                    (C) Title III.
                    (D) Part A or B of title IV.
                    (E) Part G of title V.

           *       *       *       *       *       *       *

    (b) Eligibility.--
            (1) In general.--* * *
                    (A)(i)(I) * * *

           *       *       *       *       *       *       *

                    (ii) all of the schools served by the local 
                educational agency are designated with a school 
                locale code of [7 or 8, as determined by the 
                Secretary; or]41, 42, or 43, as determined by 
                the Secretary;
                    (B) the agency meets the criteria 
                established in subparagraph (A)(i) and the 
                Secretary, in accordance with paragraph (2), 
                grants the local educational agency's request 
                to waive the criteria described in subparagraph 
                (A)(ii)[.]; or
                    (C) the local educational agency is a 
                member of an educational service agency that 
                does not receive funds under this subpart and 
                the local educational agency meets the 
                requirements of this part.
    (c) Applicable Funding Defined.--In this section, the term 
``applicable funding'' means funds provided under any of the 
following provisions:
            [(1) Subpart 2 and section 2412(a)(2)(A) of title 
        II.
            [(2) Section 4114.
            [(3) Part A of title V.]
            (1) Part A of title II.
            (2) Part A of title IV.

SEC. 6212. GRANT PROGRAM AUTHORIZED. * * *

    (a) In General.--The Secretary is authorized to award 
grants to eligible local educational agencies to enable the 
local educational agencies to carry out activities authorized 
under any of the following provisions:
            [(1) Part A of title I.
            [(2) Part A or D of title II.
            [(3) Title III.
            [(4) Part A or B of title IV.
            [(5) Part A of title V.]
            (1) Part A of title I.
            (2) Part A of title II.
            (3) Title III.
            (4) Part A or B of title IV.
            (5) Part G of title V.
    (b) Allocation.--
            [(1) In general.--Except as provided in paragraph 
        (3), the Secretary shall award a grant under subsection 
        (a) to a local educational agency eligible under 
        section 6211(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 
        6211(c) for the preceding fiscal year.]
            (1) Allocation.--
                    (A) In general.--Except as provided in 
                paragraph (3), the Secretary shall award a 
                grant under subsection (a) to a local 
                educational agency eligible under section 
                6211(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 6211(c) for the 
                preceding fiscal year.
                    (B) Special determination.--For a local 
                educational agency that is eligible under 
                section 6211 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 titles II and IV, as long as a 
                determination under this subparagraph would not 
                disproportionately affect any State.
            [(2) Determination of initial amount.--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.]
            (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 in 
                which the amount made available to carry out 
                this part is $252,000,000 or more, subparagraph 
                (A) shall be applied--
                            (i) by substituting ``$25,000'' for 
                        ``$20,000''; and
                            (ii) by substituting ``$80,000'' 
                        for ``$60,000''.
            (3) Ratable adjustment.--
                    (A) In general.-- * * *

           *       *       *       *       *       *       *

            (4) Hold harmless.--For a local educational agency 
        that is not eligible under this subpart but met the 
        eligibility requirements under section 6211(b) as such 
        section was in effect on the day before the date of 
        enactment of the Every Child Achieves Act of 2015, the 
        agency shall receive--
                    (A) for fiscal year 2016, 75 percent of the 
                amount such agency received for fiscal year 
                2015;
                    (B) for fiscal year 2017, 50 percent of the 
                amount such agency received for fiscal year 
                2015; and
                    (C) for fiscal year 2018, 25 percent of the 
                amount such agency received for fiscal year 
                2015.
    (c) Disbursement.-- * * *
    [(d) Special Eligibility Rule.--A local educational agency 
that is eligible to receive a grant under this subpart for a 
fiscal year is not eligible to receive funds for such fiscal 
year under subpart 2.]

[SEC. 6213. ACCOUNTABILITY.

    [(a) Academic Achievement Assessment.--Each local 
educational agency that uses or receives funds under this 
subpart for a fiscal year shall administer an assessment that 
is consistent with section 1111(b)(3).
    [(b) Determination Regarding Continuing Participation.--
Each State educational agency that receives funding under the 
provisions of law described in section 6211(c) shall--
            [(1) after the third year that a local educational 
        agency in the State participates in a program under 
        this subpart and on the basis of the results of the 
        assessments described in subsection (a), determine 
        whether the local educational agency participating in 
        the program made adequate yearly progress, as described 
        in section 1111(b)(2);
            [(2) permit only those local educational agencies 
        that participated and made adequate yearly progress, as 
        described in section 1111(b)(2), to continue to 
        participate; and
            [(3) permit those local educational agencies that 
        participated and failed to make adequate yearly 
        progress, as described in section 1111(b)(2), to 
        continue to participate only if such local educational 
        agencies use applicable funding under this subpart to 
        carry out the requirements of section 1116.]

SEC. 6213. ACADEMIC ACHIEVEMENT ASSESSMENTS.

     Each local educational agency that uses or receives funds 
under this subpart for a fiscal year shall administer an 
assessment that is consistent with section 1111(b)(2).

             Subpart 2--Rural and Low-Income School Program

SEC. 6221. PROGRAM AUTHORIZED.

    (a) Grants to States.--
            (1) In general.-- * * *

           *       *       *       *       *       *       *

    (b) Local Awards.--
            (1) Eligibility.--A local educational agency shall 
        be eligible to receive a grant under this subpart if--
                    (A) * * *
                    (B) all of the schools served by the agency 
                are designated with a school locale code of [6, 
                7, or 8]32, 33, 41, 42, or 43, as determined by 
                the Secretary.
            (2) Award basis.-- * * *

           *       *       *       *       *       *       *

    (c) Reservations.--From amounts appropriated under section 
6234 for this subpart for a fiscal year, the Secretary shall 
reserve--
            (1) one-half of 1 percent to make awards to 
        elementary schools or secondary schools operated or 
        supported by the [Bureau of Indian Affairs]Bureau of 
        Indian Education, to carry out the activities 
        authorized under this subpart; and
            (2) * * *

           *       *       *       *       *       *       *

SEC. 6222. USES OF FUNDS.

    (a) Local Awards.--Grant funds awarded to local educational 
agencies under this subpart shall be used for any of the 
following:
            [(1) Teacher recruitment and retention, including 
        the use of signing bonuses and other financial 
        incentives.
            [(2) Teacher professional development, including 
        programs that train teachers to utilize technology to 
        improve teaching and to train special needs teachers.
            [(3) Educational technology, including software and 
        hardware, as described in part D of title II.
            [(4) Parental involvement activities.
            [(5) Activities authorized under the Safe and Drug-
        Free Schools program under part A of title IV.
            [(6) Activities authorized under part A of title I.
            [(7) Activities authorized under title III.]
            (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) Activities authorized under part G of title V.

           *       *       *       *       *       *       *

SEC. 6223. APPLICATIONS.

    (a) In General.--Each State educational agency or specially 
qualified agency desiring to receive a grant under this subpart 
shall submit an application to the Secretary [at such time, in 
such manner, and accompanied by such information]at such time 
and in such manner as the Secretary may require.
    [(b) Contents.--At a minimum, each application submitted 
under subsection (a) shall include information on specific 
measurable goals and objectives to be achieved through the 
activities carried out through the grant, which may include 
specific educational goals and objectives relating to--
            [(1) increased student academic achievement;
            [(2) decreased student dropout rates; or
            [(3) such other factors as the State educational 
        agency or specially qualified agency may choose to 
        measure.]
    (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 under section 1111(b);
            (2) if the State educational agency or specially 
        qualified agency will competitively award grants to 
        eligible local educational agencies, as described in 
        section 6221(b)(2)(A), the application under the 
        section shall include--
                    (A) the methods and criteria the State 
                educational agency or specially qualified 
                agency will use for reviewing applications and 
                awarding funds to local educational agencies on 
                a competitive basis; and
                    (B) how the State educational agency or 
                specially qualified agency will notify eligible 
                local educational agencies of the grant 
                competition; and
            (3) a description of how the State educational 
        agency or specially qualified agency will provide 
        technical assistance to eligible local educational 
        agencies to help such agencies implement the activities 
        described in section 6222.

SEC. 6224. ACCOUNTABILITY.

    (a) State Report.--Each State educational agency or 
specially qualified agency that receives a grant under this 
subpart shall prepare and submit an annual report to the 
Secretary. The report shall describe--
            [(1) the method the State educational agency used 
        to award grants to eligible local educational agencies, 
        and to provide assistance to schools, under this 
        subpart;]
            (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;
            (2) * * *
            [(3) the degree to which progress has been made 
        toward meeting the goals and objectives described in 
        the application submitted under section 6223.]
            (3) the degree to which progress has been made 
        toward meeting the objectives and outcomes described in 
        the application submitted under section 6223, including 
        having all students in the State or the area served by 
        the specially qualified agency, as applicable, meet the 
        challenging State academic standards under section 
        1111(b).
    [(b) Specially Qualified Agency Report.--Each specially 
qualified agency that receives a grant under this subpart shall 
provide an annual report to the Secretary. Such report shall 
describe--
            [(1) how such agency uses funds provided under this 
        subpart; and
            [(2) the degree to which progress has been made 
        toward meeting the goals and objectives described in 
        the application submitted under section 6223.
    [(c) Report to Congress.--The Secretary shall prepare and 
submit to the Committee on Education and the Workforce of the 
House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate a biennial report. 
The report shall describe--
            [(1) the methods the State educational agencies 
        used to award grants to eligible local educational 
        agencies, and to provide assistance to schools, under 
        this subpart;
            [local educational agencies and schools used funds 
        provided under this subpart; and
            [(3) the degree to which progress has been made 
        toward meeting the goals and objectives described in 
        the applications submitted under section 6223.]
    (b) Report to Congress.--The Secretary shall prepare a 
summary of the reports under subsection (a) and submit a 
biennial 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.
    [(d)](c) Academic Achievement Assessment.--Each local 
educational agency or specially qualified agency that receives 
a grant under this subpart for a fiscal year shall administer 
an [assessment that is consistent with section 
1111(b)(3)]assessment that is consistent with section 
1111(b)(2).
    [(e) Determination Regarding Continuing Participation.--
Each State educational agency or specially qualified agency 
that receives a grant under this subpart shall--
            [(1) after the third year that a local educational 
        agency or specially qualified agency in the State 
        receives funds under this subpart, and on the basis of 
        the results of the assessments described in subsection 
        (d)--
                    [(A) in the case of a local educational 
                agency, determine whether the local educational 
                agency made adequate yearly progress, as 
                described in section 1111(b)(2); and
                    [(B) in the case of a specially qualified 
                agency, submit to the Secretary information 
                that would allow the Secretary to determine 
                whether the specially qualified agency has made 
                adequate yearly progress, as described in 
                section 1111(b)(2);
            [(2) permit only those local educational agencies 
        or specially qualified agencies that made adequate 
        yearly progress, as described in section 1111(b)(2), to 
        continue to receive grants under this subpart; and
            [(3) permit those local educational agencies or 
        specially qualified agencies that failed to make 
        adequate yearly progress, as described in section 
        1111(b)(2), to continue to receive such grants only if 
        the State educational agency disbursed such grants to 
        the local educational agencies or specially qualified 
        agencies to carry out the requirements of section 
        1116.]

SEC. 6225. CHOICE OF PARTICIPATION.

    (a) In General.--If a local educational agency is eligible 
for funding under both subparts 1 and 2 of this part, such 
local educational agency may receive funds under either subpart 
1 or subpart 2 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 subparts 1 and 2 of this part shall notify 
the Secretary and the State educational agency under which of 
such subparts the local educational agency intends to receive 
funds for a fiscal year by a date that is established by the 
Secretary for the notification.

           *       *       *       *       *       *       *

SEC. 6234. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
part [$300,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years,]such sums 
as may be necessary for each of the fiscal years 2016 through 
2021, to be distributed equally between subparts 1 and 2.

                      [PART C--GENERAL PROVISIONS]

[SEC. 6301. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR 
                    CONTROL.

     [Nothing in this title shall be construed to authorize an 
officer or employee of the Federal Government to mandate, 
direct, or control a State, local educational agency, or 
school's specific instructional content, academic achievement 
standards and assessments, curriculum, or program of 
instruction, as a condition of eligibility to receive funds 
under this Act.]

[SEC. 6302. 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.]

                       PART C--GENERAL PROVISIONS

SEC. 6301. 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. 6302. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

     Nothing in this title shall be construed to mandate 
equalized spending per pupil for a State, local educational 
agency, or school.

           *       *       *       *       *       *       *

    TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

                        PART A--INDIAN EDUCATION

SEC. 7101. STATEMENT OF POLICY.

           *       *       *       *       *       *       *

[SEC. 7102. PURPOSE.

    [(a) 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 
to meet the unique educational and culturally related academic 
needs of American Indian and Alaska Native students, so that 
such students can meet the same challenging State student 
academic achievement standards as all other students are 
expected to meet.
    [(b) Programs.--This part carries out the purpose described 
in subsection (a) by authorizing programs of direct assistance 
for--
            [(1) meeting the unique educational and culturally 
        related academic needs of American Indians and Alaska 
        Natives;
            [(2) the education of Indian children and adults;
            [(3) the training of Indian persons as educators 
        and counselors, and in other professions serving Indian 
        people; and
            [(4) research, evaluation, data collection, and 
        technical assistance.]

SEC. 7102. 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 ensure the academic achievement of American 
        Indian and Alaska Native students by meeting their 
        unique culture, language, and educational needs, 
        consistent with section 1111;
            (2) to ensure that American Indian and Alaska 
        Native 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 American 
        Indian and Alaska Native students have the ability to 
        provide effective instruction and supports to such 
        students.

           *       *       *       *       *       *       *

        Subpart 1--Formula Grants to Local Educational Agencies

[SEC. 7111. PURPOSE.

     [It is the purpose of this subpart to support local 
educational agencies in their efforts to reform elementary 
school and secondary school programs that serve Indian students 
in order to ensure that such programs--
            [(1) are based on challenging State academic 
        content and student academic achievement standards that 
        are used for all students; and
            [(2) are designed to assist Indian students in 
        meeting those standards.]

SEC. 7111. PURPOSE.

     It is the purpose of this subpart to support local 
educational agencies in developing elementary school and 
secondary school programs for American Indian and Alaska Native 
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 adopted under section 1111(b).

SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.

     [(a) In General.--The Secretary may make grants, from 
allocations made under section 7113, to local educational 
agencies and Indian tribes, in accordance with this section and 
section 7113.]
    (a) In General.--The Secretary may make grants, from 
allocations made under section 7113, and in accordance with 
this section and section 7113, to--
            (1) local educational agencies;
            (2) Indian tribes; and
            (3) consortia of 2 or more local educational 
        agencies, Indian tribes, Indian organizations, or 
        Indian community-based organizations, provided that 
        each local educational agency participating in such a 
        consortium--
                    (A) provides an assurance that the eligible 
                Indian children served by such local 
                educational agency 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.
    (b) Local Educational Agencies.--
            (1) Enrollment requirements.--[A local educational 
        agency shall]Subject to paragraph (2), a local 
        educational agency shall be eligible for a grant under 
        this subpart for any fiscal year if the number of 
        Indian children eligible under section 7117 who were 
        enrolled in the schools of the agency, and to whom the 
        agency provided free public education, during the 
        preceding fiscal year--
                    (A) * * *

           *       *       *       *       *       *       *

            (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 enters into a cooperative agreement 
                under this subpart.
            [(2)](3) Exclusion.--The requirement of paragraph 
        (1) shall not apply in Alaska, California, or Oklahoma, 
        or with respect to any local educational agency located 
        on, or in proximity to, a reservation.
    [(c) Indian Tribes.--
            [(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 
        7114(c)(4) for such grant, an Indian tribe that 
        represents not less than \1/2\ of the eligible Indian 
        children who are served by such local educational 
        agency may apply for such grant.
            [(2) Special rule.--The Secretary shall treat each 
        Indian tribe applying for a grant pursuant to paragraph 
        (1) as if such Indian tribe were a local educational 
        agency for purposes of this subpart, except that any 
        such tribe is not subject to section 7114(c)(4), 
        section 7118(c), or section 7119.]
    (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 7114(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) Unaffiliated indian tribes.--An Indian tribe 
        that operates a public school and such tribe is not 
        affiliated with either a local educational agency or 
        the Bureau of Indian Education shall be eligible to 
        apply for a grant under this subpart.
            (3) Special rule.--
                    (A) In general.--The Secretary shall treat 
                each Indian tribe, Indian organization, or 
                consortium of such entities applying for a 
                grant pursuant to paragraph (1) or (2) 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 7114 or section 
                7118(c) or 7119.
            (4) 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 7114, 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, an Indian 
        community-based 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)(3) to an 
        Indian community-based organization applying or 
        receiving a grant under paragraph (1) in the same 
        manner as such rule applies to an Indian tribe, Indian 
        organization, or consortium.
            (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 
                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 capacity to 
                manage the grant.
    (e) Consortia.--
            (1) In general.--A local educational agency, Indian 
        tribe, or Indian organization that meets the 
        eligibility requirements under this section may form a 
        consortium with other eligible local educational 
        agencies, Indian tribes, or Indian organizations for 
        the purpose of obtaining grants and operating programs 
        under this subpart.
            (2) Requirements.--In any case where 2 or more 
        local educational agencies, Indian tribes, or Indian 
        organizations that are eligible under subsection (b) 
        form or participate in a consortium to obtain a grant, 
        or operate a program, under this subpart, each local 
        educational agency, Indian tribe, and Indian 
        organization participating in such a consortium shall--
                    (A) provide, in the application submitted 
                under section 7114, an assurance that the 
                eligible Indian children served by such local 
                educational agency, Indian tribe, and Indian 
                organization will receive the services of the 
                programs funded under this subpart; and
                    (B) agree to be subject to all 
                requirements, assurances, and obligations 
                applicable to a local educational agency, 
                Indian tribe, and Indian organization receiving 
                a grant under this subpart.

           *       *       *       *       *       *       *

SEC. 7113. AMOUNT OF GRANTS.

    (a) Amount of Grant Awards.--
            (1) In general.--* * *

           *       *       *       *       *       *       *

    (b) Minimum Grant.--
            (1) In general.--Notwithstanding subsection (e), an 
        entity that is eligible for a grant under section 7112, 
        and a school that is operated or supported by the 
        [Bureau of Indian Affairs]Bureau of Indian Education 
        that is eligible for a grant under subsection (d), that 
        submits an application that is approved by the 
        Secretary, shall, subject to appropriations, receive a 
        grant under this subpart in an amount that is not less 
        than $3,000.
            (2) Consortia.-- * * *

           *       *       *       *       *       *       *

    (d) Schools Operated or Supported by the Bureau of [Indian 
Affairs]Indian Education.--
            (1) In general.-- * * *
                    (A) the total number of Indian children 
                enrolled in schools that are operated by--
                            (i) the [Bureau of Indian 
                        Affairs]Bureau of Indian Education; or
                            (ii) * * *

           *       *       *       *       *       *       *

SEC. 7114. APPLICATIONS.

    (a) Application Required.--Each local educational agency, 
Indian tribe, or consortia as described in section 7113(b)(2) 
that desires to receive a grant under this subpart shall submit 
an application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may reasonably 
require.
    (b) Comprehensive Program Required.--Each application 
submitted under subsection (a) shall include a description of a 
comprehensive program for meeting the needs of Indian children 
served by the local educational agency, including the language 
and cultural needs of the children, that--
            (1) * * *
            (2)(A) [is consistent with the State and local 
        plans]supports the State, tribal, and local plans 
        submitted under other provisions of this Act; and
            [(B) includes academic content and student academic 
        achievement goals for such children, and benchmarks for 
        attaining such goals, that are based on the challenging 
        State academic content and student academic achievement 
        standards adopted under title I for all children;]
                    (B) includes program objectives and 
                outcomes for activities under this subpart that 
                are based on the same challenging State 
                academic standards developed by the State under 
                title I for all students;
            [(3) explains how Federal, State, and local 
        programs, especially programs carried out under title 
        I, will meet the needs of such students;]
            (3) explains how the local educational agency, 
        tribe, or consortium will use funds made available 
        under this subpart to supplement other Federal, State, 
        and local programs that meet the needs of such 
        students;
            (4) * * *
            (5) describes the professional development 
        opportunities that will be provided, as needed, to 
        ensure that--
                    (A) * * *
                    (B) all teachers who will be involved in 
                programs assisted under this subpart have been 
                properly trained to carry out such programs; 
                [and]
            (6) describes how the local educational agency--
                    (A) * * *
                    (B) will provide the results of each 
                assessment referred to in subparagraph (A) to--
                            (i) the committee described in 
                        subsection (c)(4); [and]
                            (ii) * * *
                            (iii) the Indian tribes whose 
                        children are served by the local 
                        educational agency, consistent with 
                        section 444 of the General Education 
                        Provisions Act (20 U.S.C. 1232g) 
                        (commonly referred to as the ``Family 
                        Educational Rights and Privacy Act of 
                        1974''); and
                    (C) is responding to findings of any 
                previous assessments that are similar to the 
                assessments described in subparagraph (A)[.]; 
                and
            (7) describes the process the local educational 
        agency used to collaborate with Indian tribes located 
        in the community in the development of the 
        comprehensive programs and the actions taken as a 
        result of such collaboration.
    (c) Assurances.-- * * *
            (1) the local educational agency will use funds 
        received under this subpart only to supplement the 
        funds that, in the absence of the Federal funds made 
        available under this subpart, such agency would make 
        available for [the education of Indian 
        children,]services and activities consistent with those 
        described in this subpart, and not to supplant such 
        funds;
            (2) the local educational agency will prepare and 
        submit to the Secretary such reports, in such form and 
        containing such information, as the Secretary may 
        require to--
                    (A) carry out the functions of the 
                Secretary under this subpart; [and]
                    (B) determine the extent to which 
                activities carried out with funds provided to 
                the local educational agency under this subpart 
                are effective in improving the educational 
                achievement of Indian students [served by such 
                agency]served by such agency, and meet program 
                objectives and outcomes for activities under 
                this subpart; and
                    (C) determine the extent to which such 
                activities address the unique cultural, 
                language, and educational needs of Indian 
                students;
            (3) the program for which assistance is sought--
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) was developed by such agency in open 
                consultation with parents of Indian children 
                and teachers, representatives of Indian tribes 
                on Indian lands located within 50 miles of any 
                school that the agency will serve if such tribe 
                has any children in such school, and, if 
                appropriate, Indian students from secondary 
                schools, including through public hearings held 
                by such agency to provide to the individuals 
                described in this subparagraph a full 
                opportunity to understand the program and to 
                offer recommendations regarding the program; 
                [and]
            (4) the local educational agency developed the 
        program with the participation and written approval of 
        a committee--
                    (A) that is composed of, and selected by--
                            (i) parents and family members of 
                        Indian children in the local 
                        educational agency's schools;
                            (ii) representatives of Indian 
                        tribes on Indian lands located within 
                        50 miles of any school that the agency 
                        will serve if such tribe has any 
                        children in such school;
                            (ii)(iii) teachers in the schools; 
                        and
                            (iii)(iv) if appropriate, Indian 
                        students attending secondary schools of 
                        the agency;
                    [(B) a majority of whose members are 
                parents of Indian children;]
                    (B) a majority of whose members are parents 
                and family members of Indian children and 
                representatives of Indian tribes described in 
                subparagraph (A)(ii), as applicable;
                    (C) that has set forth such policies and 
                procedures, including policies and procedures 
                relating to the hiring of personnel, as will 
                ensure that the program for which assistance is 
                sought will be operated and evaluated in 
                consultation with, and with the involvement of, 
                parents and family members of the children, and 
                representatives of the area, to be served;
                    (D) with respect to an application 
                describing a schoolwide program in accordance 
                with section 7115(c), that has--
                            (i) * * *
                            (ii) determined that the program 
                        will not diminish the availability of 
                        culturally related activities for 
                        American Indian and Alaska Native 
                        students; [and]
                    (E) that has adopted reasonable bylaws for 
                the conduct of the activities of the committee 
                and abides by such bylaws[.]; and
                    (F) that will determine the extent to which 
                the activities of the local educational agency 
                will address the unique cultural, linguistic, 
                and educational needs of Indian students;
            (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; and
            (7) the local educational agency will use funds 
        received under this subpart only for activities 
        described and authorized in this subpart.
    (d) Outreach.--The Secretary shall monitor the applications 
for grants under this subpart to identify eligible local 
educational agencies and schools operated by the Bureau of 
Indian Education that have not applied for such grants, and 
shall undertake appropriate outreach activities to encourage 
and assist eligible entities to submit applications for such 
grants.
    (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;
            (2) improvement in the quality of implementation, 
        content, and evaluation of activities supported under 
        this subpart; and
            (3) integration of activities under this subpart 
        with other educational activities carried out by the 
        local educational agency.

           *       *       *       *       *       *       *

SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES.

    (a) General Requirements.--* * *
            (1) are designed to carry out the comprehensive 
        program of the local educational agency for Indian 
        students, and described in the application of the local 
        educational agency submitted to the Secretary under 
        section 7114(a) solely for the services and activities 
        described in such application;
            (2) are designed with special regard for the 
        language and cultural needs of the Indian students to 
        be responsive to the unique learning styles of Indian 
        and Alaska Native children; and
            (3) * * *
    [(b) Particular Activities.--The services and activities 
referred to in subsection (a) may include--
            [(1) culturally related activities that support the 
        program described in the application submitted by the 
        local educational agency;
            [(2) early childhood and family programs that 
        emphasize school readiness;
            [(3) enrichment programs that focus on problem 
        solving and cognitive skills development and directly 
        support the attainment of challenging State academic 
        content and student academic achievement standards;
            [(4) integrated educational services in combination 
        with other programs that meet the needs of Indian 
        children and their families;
            [(5) career preparation activities to enable Indian 
        students to participate in programs such as the 
        programs supported by the Carl D. Perkins Career and 
        Technical Education Act of 2006, including programs for 
        tech-prep education, mentoring, and apprenticeship;
            [(6) activities to educate individuals concerning 
        substance abuse and to prevent substance abuse;
            [(7) the acquisition of equipment, but only if the 
        acquisition of the equipment is essential to achieve 
        the purpose described in section 7111;
            [(8) activities that promote the incorporation of 
        culturally responsive teaching and learning strategies 
        into the educational program of the local educational 
        agency;
            [(9) activities that incorporate American Indian 
        and Alaska Native specific curriculum content, 
        consistent with State standards, into the curriculum 
        used by the local educational agency;
            [(10) family literacy services; and
            [(11) activities that recognize and support the 
        unique cultural and educational needs of Indian 
        children, and incorporate appropriately qualified 
        tribal elders and seniors.]
    (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) high-quality 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 described in 1111(b);
            (5) integrated educational services in combination 
        with other programs that meet the needs of Indian 
        children and their families, including programs that 
        promote parental involvement in school activities and 
        increase student achievement;
            (6) career preparation activities to enable Indian 
        students to participate in programs such as the 
        programs supported by the Carl D. Perkins Career and 
        Technical Education Act of 2006, 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 7111;
            (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; and
            (12) dropout prevention strategies and strategies 
        to--
                    (A) meet the educational needs of at-risk 
                Indian students in correctional facilities; and
                    (B) support Indian students who are 
                transitioning from such facilities to schools 
                served by local educational agencies.
    (c) Schoolwide Programs.--Notwithstanding any other 
provision of law, a local educational agency may use funds made 
available to such agency under this subpart to support a 
schoolwide program under section 1114 if--
            (1) the committee established pursuant to section 
        7114(c)(4) approves the use of the funds for the 
        schoolwide program; [and]
            (2) the schoolwide program is consistent with the 
        purpose described in section 7111[.]; and
            (3) the local educational agency identifies in its 
        application how the use of such funds in a schoolwide 
        program will provide benefits to Indian students.
    (d) Limitation on Administrative Costs.-- * * *
    (e) Limitation on Use of Funds.--Funds provided to a 
grantee under this subpart may not be used for long-distance 
travel expenses for training activities available locally or 
regionally.

           *       *       *       *       *       *       *

SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED.

    (a) Plan.-- * * *

           *       *       *       *       *       *       *

    (g) Responsibilities of Department of Education.--Not later 
than 180 days after the date of enactment of the [No Child Left 
Behind Act of 2001]Every Child Achieves Act of 2015, the 
Secretary of Education, the Secretary of the Interior, the 
Secretary of Health and Human Services, and the head of any 
other Federal department or agency identified by the Secretary 
of Education, shall enter into an interdepartmental memorandum 
of agreement providing for the implementation and coordination 
of the demonstration projects authorized under this section. 
The lead agency head for a demonstration project under this 
section shall be--
            (1) * * *

           *       *       *       *       *       *       *

    (o) Report on Statutory Obstacles to Program Integration.--
            (1) Preliminary report.--[Not later than 2 years 
        after the date of enactment of the No Child Left Behind 
        Act of 2001]Not later than 2 years after date of 
        enactment of the Every Child Achieves Act of 2015, and 
        every 5 years thereafter, the Secretary of Education 
        shall submit a preliminary report to the Committee on 
        Education and the Workforce and the Committee on 
        Resources of the House of Representatives and the 
        Committee on Health, Education, Labor, and Pensions and 
        the Committee on Indian Affairs of the Senate on the 
        status of the implementation of the demonstration 
        projects authorized under this section.
            [(2) Final report.--Not later than 5 years after 
        the date of enactment of the No Child Left Behind Act 
        of 2001, the Secretary of Education shall submit a 
        report to the Committee on Education and the Workforce 
        and the Committee on Resources of the House of 
        Representatives and the Committee on Health, Education, 
        Labor, and Pensions and the Committee on Indian Affairs 
        of the Senate on the results of the implementation of 
        the demonstration projects authorized under this 
        section. Such report shall identify statutory barriers 
        to the ability of participants to integrate more 
        effectively their education and related services to 
        Indian students in a manner consistent with the 
        objectives of this section.]
            (2) Contents.--The report required under paragraph 
        (1) shall identify--
                    (A) any statutory barriers to the ability 
                of participants to more effectively integrate 
                their education and related services to Indian 
                students in a manner consistent with the 
                objectives of this section; and
                    (B) the effective practices for program 
                integration that result in increased student 
                achievement, graduation rates, and other 
                relevant outcomes for Indian students.
    (p) Definitions.-- * * *

           *       *       *       *       *       *       *

SEC. 7117. STUDENT ELIGIBILITY FORMS.

    (a) In General.-- * * *
    (b) Forms.--The form described in subsection (a) shall 
include--
            (1) either--
                    (A)(i) * * *
                    (ii) the enrollment or membership number 
                establishing the membership of the child (if 
                readily available); and
                    (iii) * * *
                    (B) the name, the enrollment or membership 
                number (if readily available), and the name and 
                address of the organization responsible for 
                maintaining updated and accurate membership 
                data, of any parent or grandparent of the child 
                from whom the child claims eligibility under 
                this subpart, if the child is not a member of 
                the tribe or band of Indians (as so defined);
            (2) * * *

           *       *       *       *       *       *       *

    [(e) Documentation.--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 7113, 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.]
    (e) Documentation.--
            (1) In general.--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 7113, 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 duplicate 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 Child Achieves Act of 2015 and that met the 
        requirements of this section, as this section was in 
        effect on the day before the date of enactment of such 
        Act, shall remain valid for such Indian student.

           *       *       *       *       *       *       *

    (g) Tribal Grant and Contract Schools.--Notwithstanding any 
other provision of this section, in calculating the amount of a 
grant under this subpart to a tribal school that receives a 
grant or contract from the [Bureau of Indian Affairs]Bureau of 
Indian Education, the Secretary shall use only one of the 
following, as selected by the school:
            (1) * * *

           *       *       *       *       *       *       *

    (i) Technical Assistance.--The Secretary shall, directly or 
through 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 section 1114 or available through the Institute of 
Education Sciences, to support the services and activities 
described under this section, including for the--
            (1) development of applications under this section;
            (2) improvement in the quality of implementation, 
        content of activities, and evaluation of activities 
        supported under this subpart;
            (3) integration of activities under this title with 
        other educational activities established by the local 
        educational agency; and
            (4) coordination of activities under this title 
        with programs administered by each Federal agency 
        providing grants for the provision of educational and 
        related services and sharing of best practices.

SEC. 7118. PAYMENTS.

    (a) In General.-- * * *

           *       *       *       *       *       *       *

    [(c) Reduction of Payment for Failure To Maintain Fiscal 
Effort.--
            [(1) In general.--The Secretary may not pay a local 
        educational agency the full amount of a grant award 
        determined under section 7113 for any fiscal year 
        unless the State educational agency notifies the 
        Secretary, and the Secretary determines, that with 
        respect to the provision of free public education by 
        the local educational agency for the preceding fiscal 
        year, the combined fiscal effort of the local 
        educational agency and the State, computed on either a 
        per student or aggregate expenditure basis, was not 
        less than 90 percent of the amount of the combined 
        fiscal effort, computed on the same basis, for the 
        second preceding fiscal year.
            [(2) Failure to maintain effort.--If, for the 
        preceding fiscal year, the Secretary determines that a 
        local educational agency and State failed to maintain 
        the combined fiscal effort for such agency at the level 
        specified in paragraph (1), the Secretary shall--
                    [(A) reduce the amount of the grant that 
                would otherwise be made to such agency under 
                this subpart in the exact proportion of the 
                failure to maintain the fiscal effort at such 
                level; and
                    [(B) not use the reduced amount of the 
                agency and State expenditures for the preceding 
                year to determine compliance with paragraph (1) 
                for any succeeding fiscal year, but shall use 
                the amount of expenditures that would have been 
                required to comply with paragraph (1).
            [(3) Waiver.--
                    [(A) In general.--The Secretary may waive 
                the requirement of paragraph (1) for a local 
                educational agency, for not more than 1 year at 
                a time, if the Secretary determines that the 
                failure to comply with such requirement is due 
                to exceptional or uncontrollable circumstances, 
                such as a natural disaster or a precipitous and 
                unforeseen decline in the agency's financial 
                resources.
                    [(B) Future determinations.--The Secretary 
                shall not use the reduced amount of the 
                agency's expenditures for the fiscal year 
                preceding the fiscal year for which a waiver is 
                granted to determine compliance with paragraph 
                (1) for any succeeding fiscal year, but shall 
                use the amount of expenditures that would have 
                been required to comply with paragraph (1) in 
                the absence of the waiver.]
    (c) Reduction of Payment for Failure To Maintain Fiscal 
Effort.--Each local educational agency shall maintain fiscal 
effort in accordance with section 9521 or be subject to reduced 
payments under this subpart in accordance with such section 
9521.

           *       *       *       *       *       *       *

[SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN 
                    CHILDREN.]SEC. 7121. IMPROVEMENT OF EDUCATIONAL 
                    OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH.

    (a) Purpose.--
            (1) In general.--It is the purpose of this section 
        to support projects to develop, test, and demonstrate 
        the effectiveness of services and programs to improve 
        educational opportunities and achievement of Indian 
        children and youth.
            (2) Coordination.-- The Secretary shall take the 
        necessary actions to achieve the coordination of 
        activities assisted under this subpart with--
                    (A) * * *
                    (B) other Federal programs operated for the 
                benefit of American Indian and Alaska Native 
                children and youth.
    (b) Eligible Entities.--In this section, the term 
``eligible entity'' means a State educational agency, local 
educational agency, Indian tribe, Indian organization, 
federally supported elementary school or secondary school for 
Indian students, [Indian institution (including an Indian 
institution of higher education)]a Tribal College or University 
(as defined in section 316(b) of the Higher Education Act of 
1965), or a consortium of such entities.
    (c) Grants Authorized.--
            (1) In general.--The Secretary shall award grants 
        to eligible entities to enable such entities to carry 
        out activities that meet the purpose of this section, 
        including--
                    (A) innovative programs related to the 
                educational needs of educationally 
                disadvantaged children and youth;
                    (B) 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 core 
                academic subjects of English, mathematics, 
                science, foreign languages, art, history, and 
                geography;
                    (C) * * *
                    (D) special health and nutrition services, 
                and other related activities, that address the 
                special health, social, and psychological 
                problems of Indian children and youth;
                    (E) 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;
                    (F) * * *
                    [(G) early childhood and kindergarten 
                programs, including family-based preschool 
                programs that emphasize school readiness and 
                parental skills, and the provision of services 
                to Indian children with disabilities;]
                    (G) high-quality early childhood education 
                programs that are effective in preparing young 
                children to be making sufficient academic 
                progress by the end of grade 3, including 
                kindergarten and prekindergarten programs, 
                family-based preschool programs that emphasize 
                school readiness, and the provision of services 
                to Indian children with disabilities;
                    (H) * * *
                    (L) activities that recognize and support 
                the unique cultural and educational needs of 
                Indian children and youth, and incorporate 
                [appropriately qualified tribal elders and 
                seniors]traditional leaders; or
                    (M) * * *
            (2) Professional development.--[Professional 
        development]High-quality professional development of 
        teaching professionals and paraprofessionals may be a 
        part of any program assisted under this section.
    (d) Grant Requirements and Applications.--
            (1) Grant requirements.--
                    (A) In general.-- * * *

           *       *       *       *       *       *       *

                    (C) Progress.--The Secretary shall [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]award grants for an 
                initial period of not more than 3 years and may 
                renew such grants for not more than an 
                additional 2 years if the Secretary determines 
                that the eligible entity has made substantial 
                progress in carrying out the activities 
                assisted under the grant in accordance with the 
                application submitted under paragraph (3) and 
                any subsequent modifications to such 
                application.
            (2) Dissemination grants.--
                    (A) In general.-- * * *
            (3) Application.--
                    (A) In general.-- * * *
                    (B) Contents.--Each application submitted 
                to the Secretary under subparagraph (A), other 
                than an application for a dissemination grant 
                under paragraph (2), shall contain--
                            (i) a description of how [parents 
                        of Indian children]parents and family 
                        of Indian children and representatives 
                        of Indian tribes have been, and will 
                        be, involved in developing and 
                        implementing the activities for which 
                        assistance is sought;
                            (ii) * * *
                            (iii) [information demonstrating 
                        that the proposed program for the 
                        activities is a scientifically based 
                        research program]evidence demonstrating 
                        that the proposed program is an 
                        evidence-based program, where 
                        applicable, which may include a program 
                        that has been modified to be culturally 
                        appropriate for students who will be 
                        served;
                            (iv) * * *

           *       *       *       *       *       *       *

    (f) Continuation.--Notwithstanding any other provision of 
this section, a grantee that is carrying out activities 
pursuant to a grant awarded under this section prior to the 
date of enactment of the Every Child Achieves Act of 2015 may 
continue to carry out such activities after such date of 
enactment under such grant in accordance with the terms of such 
grant award.

           *       *       *       *       *       *       *

SEC. 7122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION 
                    PROFESSIONALS.

    (a) Purposes.-- The purposes of this section are-- * * *
            (1) to increase the number of qualified Indian 
        [individuals in teaching or other education professions 
        that serve Indian people]teachers and administrators 
        serving Indian students;
            (2) to provide training and support to qualified 
        Indian individuals to enable such individuals to become 
        teachers, administrators, teacher aides, social 
        workers, and [ancillary educational 
        personnel]specialized instructional support personnel; 
        and
            (3) * * *
    (b) Eligible Entities.--* * *
            (1) an institution of higher education, [including 
        an Indian institution of higher education]including a 
        Tribal College or University, as defined in section 
        316(b) of the Higher Education Act of 1965;

           *       *       *       *       *       *       *

            (4) a Bureau-funded school (as defined in section 
        1146 of the Education Amendments of 1978) in a 
        consortium with at least one Tribal College or 
        University, as defined in section 316(b) of the Higher 
        Education Act of 1965, where feasible.

           *       *       *       *       *       *       *

    (d) Authorized Activities.--* * *
            (1) In general.-- * * *
            (2) Special rules.--
                    (A) Type of training.-- * * *

           *       *       *       *       *       *       *

                    (C) Continuation.--Notwithstanding any 
                other provision of this section, a grantee that 
                is carrying out activities pursuant to a grant 
                awarded under this section prior to the date of 
                enactment of the Every Child Achieves Act of 
                2015 may continue to carry out such activities 
                under such grant in accordance with the terms 
                of that award.
    [(e) Application.--Each eligible entity desiring a grant 
under this section shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such 
information, as the Secretary may reasonably require.]
    (e) Application.--Each eligible entity desiring a grant 
under this section shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such 
information, 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, or principals, or school leaders;
            (2) use funds made available under the grant to 
        support the recruitment, preparation, and professional 
        development of Indian teachers or principals in local 
        educational agencies that serve a high proportion of 
        Indian students; and
            (3) assist participants in meeting the requirements 
        under subsection (h).
    (f) Special Rule.--* * *
            (1) may give priority in making grants to tribally-
        chartered and federally-chartered institutions of 
        higher education;
            [(1)](2) * * *
            [(2)](3) may not limit eligibility to receive a 
        grant under this section on the [basis of--
                    [(A) the number of previous grants the 
                Secretary has awarded such entity; or
                    [(B) the length of any period during which 
                such entity received such grants.]basis of the 
                length of any period for which the eligible 
                entity has received a grant.
    [(g) Grant Period.--Each grant under this section shall be 
awarded for a period of not more than 5 years.]
    (g) Grant Period.--The Secretary shall award grants under 
this section for an initial period of not more than 3 years, 
and may renew such grants for an additional period of not more 
than 2 years if the Secretary finds that the grantee is 
achieving the objectives of the grant.
    (h) Service Obligation.--
            (1) In general.--The Secretary shall require, by 
        regulation, that an individual who receives training 
        pursuant to a grant made under this section--
                    (A) perform work--
                            (i) * * *
                            (ii) that benefits Indian 
                        [people]students in a local educational 
                        agency that serves a high proportion of 
                        Indian students; or
                    (B) * * *

           *       *       *       *       *       *       *

                     Subpart 3--National Activities

[SEC. 7132. IN-SERVICE TRAINING FOR TEACHERS OF INDIAN CHILDREN.

    [(a) Grants Authorized.--In addition to the grants 
authorized by section 7122(c), the Secretary may make grants to 
eligible consortia for the provision of high quality in-service 
training. The Secretary may make such a grant to--
            [(1) a consortium of a tribal college and an 
        institution of higher education that awards a degree in 
        education; or
            [(2) a consortium of--
                    [(A) a tribal college;
                    [(B) an institution of higher education 
                that awards a degree in education; and
                    [(C) one or more elementary schools or 
                secondary schools operated by the Bureau of 
                Indian Affairs, local educational agencies 
                serving Indian children, or tribal educational 
                agencies.
    [(b) Use of Funds.--
            [(1) In-service training.--A consortium that 
        receives a grant under subsection (a) shall use the 
        grant funds only to provide high quality in-service 
        training to teachers, including teachers who are not 
        Indians, in schools of local educational agencies with 
        substantial numbers of Indian children enrolled in 
        their schools, in order to better meet the needs of 
        those children.
            [(2) Components.--The training described in 
        paragraph (1) shall include such activities as 
        preparing teachers to use the best available 
        scientifically based research practices and learning 
        strategies, and to make the most effective use of 
        curricula and materials, to respond to the unique needs 
        of Indian children in their classrooms.
    [(c) Preference for Indian Applicants.--In applying section 
7143 to this section, the Secretary shall give a preference to 
any consortium that includes one or more of the entities 
described in section 7143.]

[SEC. 7133. FELLOWSHIPS FOR INDIAN STUDENTS.

    [(a) Fellowships.--
            [(1) Authority.--The Secretary is authorized to 
        award fellowships to Indian students to enable such 
        students to study in graduate and professional programs 
        at institutions of higher education.
            [(2) Requirements.--The fellowships described in 
        paragraph (1) shall be awarded to Indian students to 
        enable such students to pursue a course of study--
                    [(A) of not more than 4 academic years; and
                    [(B) that leads--
                            [(i) toward a postbaccalaureate 
                        degree in medicine, clinical 
                        psychology, psychology, law, education, 
                        or a related field; or
                            [(ii) to an undergraduate or 
                        graduate degree in engineering, 
                        business administration, natural 
                        resources, or a related field.
    [(b) Stipends.--The Secretary shall pay to Indian students 
awarded fellowships under subsection (a) such stipends 
(including allowances for subsistence of such students and 
dependents of such students) as the Secretary determines to be 
consistent with prevailing practices under comparable federally 
supported programs.
    [(c) Payments to Institutions in Lieu of Tuition.--The 
Secretary shall pay to the institution of higher education at 
which such a fellowship recipient is pursuing a course of 
study, in lieu of tuition charged to such recipient, such 
amounts as the Secretary may determine to be necessary to cover 
the cost of education provided to such recipient.
    [(d) Special Rules.--
            [(1) In general.--If a fellowship awarded under 
        subsection (a) is vacated prior to the end of the 
        period for which the fellowship is awarded, the 
        Secretary may award an additional fellowship for the 
        unexpired portion of the period of the first 
        fellowship.
            [(2) Written notice.--Not later than 45 days before 
        the commencement of an academic term, the Secretary 
        shall provide to each individual who is awarded a 
        fellowship under subsection (a) for such academic term 
        written notice of--
                    [(A) the amount of the funding for the 
                fellowship; and
                    (B) any stipends or other payments that 
                will be made under this section to, or for the 
                benefit of, the individual for the academic 
                term.
            [(3) Priority.--Not more than 10 percent of the 
        fellowships awarded under subsection (a) shall be 
        awarded, on a priority basis, to persons receiving 
        training in guidance counseling with a specialty in the 
        area of alcohol and substance abuse counseling and 
        education.
    [(e) Service Obligation.--
            [(1) In general.--The Secretary shall require, by 
        regulation, that an individual who receives financial 
        assistance under this section--
                    [(A) perform work--
                            [(i) related to the training for 
                        which the individual receives the 
                        assistance under this section; and
                            [(ii) that benefits Indian people; 
                        or
                    [(B) repay all or a prorated portion of 
                such assistance.
            [(2) Reporting.--The Secretary shall establish, by 
        regulation, a reporting procedure under which a 
        recipient of assistance under this section shall, not 
        later than 12 months after the date of completion of 
        the training, and periodically thereafter, provide 
        information concerning the compliance of such recipient 
        with the work requirement described in paragraph (1).
    [(f) Administration of Fellowships.--The Secretary may 
administer the fellowships authorized under this section 
through a grant to, or contract or cooperative agreement with, 
an Indian organization with demonstrated qualifications to 
administer all facets of the program assisted under this 
section.]

[SEC. 7134. GIFTED AND TALENTED INDIAN STUDENTS.

    [(a) Program Authorized.--The Secretary is authorized to--
            [(1) establish two centers for gifted and talented 
        Indian students at tribally controlled community 
        colleges in accordance with this section; and
            [(2) support demonstration projects described in 
        subsection (c).
    [(b) Eligible Entities.--The Secretary shall make grants, 
or enter into contracts, for the activities described in 
subsection (a), to or with--
            [(1) two tribally controlled community colleges 
        that--
                    [(A) are eligible for funding under the 
                Tribally Controlled Colleges and Universities 
                Assistance Act of 1978; and
                    [(B) are fully accredited; or
            [(2) the American Indian Higher Education 
        Consortium, if the Secretary does not receive 
        applications that the Secretary determines to be 
        approvable from two colleges that meet the requirements 
        of paragraph (1).
    [(c) Use of Funds.--
            [(1) In general.--Funds made available through the 
        grants made, or contracts entered into, by the 
        Secretary under subsection (b) shall be used for--
                    [(A) the establishment of centers described 
                in subsection (a); and
                    [(B) carrying out demonstration projects 
                designed to--
                            [(i) address the special needs of 
                        Indian students in elementary schools 
                        and secondary schools who are gifted 
                        and talented; and
                            [(ii) provide such support services 
                        to the families of the students 
                        described in clause (i) as are needed 
                        to enable such students to benefit from 
                        the projects.
            [(2) Subcontracts.--Each recipient of a grant or 
        contract under subsection (b) to carry out a 
        demonstration project under subsection (a) may enter 
        into a contract with any other entity, including the 
        Children's Television Workshop, to carry out the 
        demonstration project.
            [(3) Demonstration projects.--Demonstration 
        projects assisted under subsection (b) may include--
                    [(A) the identification of the special 
                needs of gifted and talented Indian students, 
                particularly at the elementary school level, 
                giving attention to--
                            [(i) identifying the emotional and 
                        psychosocial needs of such students; 
                        and
                            [(ii) providing such support 
                        services to the families of such 
                        students as are needed to enable such 
                        students to benefit from the projects;
                    [(B) the conduct of educational, 
                psychosocial, and developmental activities that 
                the Secretary determines hold a reasonable 
                promise of resulting in substantial progress 
                toward meeting the educational needs of such 
                gifted and talented children, including--
                            [(i) demonstrating and exploring 
                        the use of Indian languages and 
                        exposure to Indian cultural traditions; 
                        and
                            [(ii) carrying out mentoring and 
                        apprenticeship programs;
                    [(C) the provision of technical assistance 
                and the coordination of activities at schools 
                that receive grants under subsection (d) with 
                respect to the activities assisted under such 
                grants, the evaluation of programs assisted 
                under such grants, or the dissemination of such 
                evaluations;
                    [(D) the use of public television in 
                meeting the special educational needs of such 
                gifted and talented children;
                    [(E) leadership programs designed to 
                replicate programs for such children throughout 
                the United States, including disseminating 
                information derived from the demonstration 
                projects conducted under subsection (a); and
                    [(F) appropriate research, evaluation, and 
                related activities pertaining to the needs of 
                such children and to the provision of such 
                support services to the families of such 
                children as are needed to enable such children 
                to benefit from the projects.
            [(4) Application.--Each eligible entity desiring a 
        grant or contract under subsection (b) shall submit an 
        application to the Secretary at such time, in such 
        manner, and accompanied by such information, as the 
        Secretary may reasonably require.
    [(d) Additional Grants.--
            [(1) In general.--The Secretary, in consultation 
        with the Secretary of the Interior, shall award 5 
        grants to schools funded by the Bureau of Indian 
        Affairs (hereafter referred to individually in this 
        section as a ``Bureau school'') for program research 
        and development and the development and dissemination 
        of curriculum and teacher training material, 
        regarding--
                    [(A) gifted and talented students;
                    [(B) college preparatory studies (including 
                programs for Indian students with an interest 
                in pursuing teaching careers);
                    [(C) students with special culturally 
                related academic needs, including students with 
                social, lingual, and cultural needs; or
                    [(D) mathematics and science education.
            [(2) Applications.--Each Bureau school desiring a 
        grant under this subsection shall submit an application 
        to the Secretary at such time, in such manner, and 
        accompanied by such information, as the Secretary may 
        reasonably require.
            [(3) Special rule.--Each application described in 
        paragraph (2) shall be developed, and each grant under 
        this subsection shall be administered, jointly by the 
        supervisor of the Bureau school and the local 
        educational agency serving such school.
            [(4) Requirements.--In awarding grants under 
        paragraph (1), the Secretary shall achieve a mixture of 
        the programs described in paragraph (1) that ensures 
        that Indian students at all grade levels and in all 
        geographic areas of the United States are able to 
        participate in a program assisted under this 
        subsection.
            [(5) Grant period.--Subject to the availability of 
        appropriations, a grant awarded under paragraph (1) 
        shall be awarded for a 3-year period and may be renewed 
        by the Secretary for additional 3-year periods if the 
        Secretary determines that the performance of the grant 
        recipient has been satisfactory.
            [(6) Dissemination.--
                    [(A) Cooperative efforts.--The 
                dissemination of any materials developed from 
                activities assisted under paragraph (1) shall 
                be carried out in cooperation with entities 
                that receive funds pursuant to subsection (b).
                    [(B) Report.--The Secretary shall prepare 
                and submit to the Secretary of the Interior and 
                to Congress a report concerning any results 
                from activities described in this subsection.
            [(7) Evaluation costs.--
                    [(A) Division.--The costs of evaluating any 
                activities assisted under paragraph (1) shall 
                be divided between the Bureau schools 
                conducting such activities and the recipients 
                of grants or contracts under subsection (b) who 
                conduct demonstration projects under subsection 
                (a).
                    [(B) Grants and contracts.--If no funds are 
                provided under subsection (b) for--
                            [(i) the evaluation of activities 
                        assisted under paragraph (1);
                            [ii) technical assistance and 
                        coordination with respect to such 
                        activities; or
                            [(iii) the dissemination of the 
                        evaluations referred to in clause (i),
                [the Secretary shall make such grants, or enter 
                into such contracts, as are necessary to 
                provide for the evaluations, technical 
                assistance, and coordination of such 
                activities, and the dissemination of the 
                evaluations.
    [(e) Information Network.--The Secretary shall encourage 
each recipient of a grant or contract under this section to 
work cooperatively as part of a national network to ensure that 
the information developed by the grant or contract recipient is 
readily available to the entire educational community.]

[SEC. [7135]7132. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE 
                    PLANNING AND DEVELOPMENT.

    [(a) In General.--The Secretary may make grants to Indian 
tribes, and tribal organizations approved by Indian tribes, to 
plan and develop a centralized tribal administrative entity 
to--
            [(1) coordinate all education programs operated by 
        the tribe or within the territorial jurisdiction of the 
        tribe;
            [(2) develop education codes for schools within the 
        territorial jurisdiction of the tribe;
            [(3) provide support services and technical 
        assistance to schools serving children of the tribe; 
        and
            [(4) perform child-find screening services for the 
        preschool-aged children of the tribe to--
                    [(A) ensure placement in appropriate 
                educational facilities; and
                    [(B) coordinate the provision of any needed 
                special services for conditions such as 
                disabilities and English language skill 
                deficiencies.
    [(b) Period of Grant.--Each grant awarded under this 
section may be awarded for a period of not more than 3 years. 
Such grant may be renewed upon the termination of the initial 
period of the grant if the grant recipient demonstrates to the 
satisfaction of the Secretary that renewing the grant for an 
additional 3-year period is necessary to carry out the 
objectives of the grant described in subsection (c)(2)(A).
    [(c) Application for Grant.--
            [(1) In general.--Each Indian tribe and tribal 
        organization desiring a grant under this section shall 
        submit an application to the Secretary at such time, in 
        such manner, containing such information, and 
        consistent with such criteria, as the Secretary may 
        prescribe in regulations.
            [(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; and
                    [(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.
            [(3) Approval.--The Secretary may approve an 
        application submitted by a tribe or tribal organization 
        pursuant to this section only if the Secretary is 
        satisfied that such application, including any 
        documentation submitted with the application--
                    [(A) demonstrates that the applicant has 
                consulted with other education entities, if 
                any, within the territorial jurisdiction of the 
                applicant who 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, 
                except that the availability of such other 
                resources shall not be a basis for disapproval 
                of such application.
    [(d) Restriction.--A tribe may not receive funds under this 
section if such tribe receives funds under section 1144 of the 
Education Amendments of 1978.]

[SEC. 7136. [20 U.S.C. 7456] IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES 
                    FOR ADULT INDIANS.

    [(a) In General.--The Secretary shall make grants to State 
educational agencies, local educational agencies, and Indian 
tribes, institutions, and organizations--
            [(1) to support planning, pilot, and demonstration 
        projects that are designed to test and demonstrate the 
        effectiveness of programs for improving employment and 
        educational opportunities for adult Indians;
            [(2) to assist in the establishment and operation 
        of programs that are designed to stimulate--
                    [(A) the provision of basic literacy 
                opportunities for all nonliterate Indian 
                adults; and
                    [(B) the provision of opportunities to all 
                Indian adults to qualify for a secondary school 
                diploma, or its recognized equivalent, in the 
                shortest period of time feasible;
            [(3) to support a major research and development 
        program to develop more innovative and effective 
        techniques for achieving literacy and secondary school 
        equivalency for Indians;
            [(4) to provide for basic surveys and evaluations 
        to define accurately the extent of the problems of 
        illiteracy and lack of secondary school completion 
        among Indians; and
            [(5) to encourage the dissemination of information 
        and materials relating to, and the evaluation of, the 
        effectiveness of education programs that may offer 
        educational opportunities to Indian adults.
    [(b) Educational Services.--The Secretary may make grants 
to Indian tribes, institutions, and organizations to develop 
and establish educational services and programs specifically 
designed to improve educational opportunities for Indian 
adults.
    [(c) Information and Evaluation.--The Secretary may make 
grants to, and enter into contracts with, public agencies and 
institutions and Indian tribes, institutions, and 
organizations, for--
            [(1) the dissemination of information concerning 
        educational programs, services, and resources available 
        to Indian adults, including evaluations of the 
        programs, services, and resources; and
            [(2) the evaluation of federally assisted programs 
        in which Indian adults may participate to determine the 
        effectiveness of the programs in achieving the purposes 
        of the programs with respect to Indian adults.
    [(d) Applications.--
            [(1) In general.--Each entity desiring a grant or 
        contract under this section shall submit to the 
        Secretary an application at such time, in such manner, 
        containing such information, and consistent with such 
        criteria, as the Secretary may prescribe in 
        regulations.
            [(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 or contract; and
                    [(B) a description of the method to be used 
                for evaluating the effectiveness of the 
                activities for which assistance is sought and 
                determining whether the objectives of the grant 
                or contract are achieved.
            [(3) Approval.--The Secretary shall not approve an 
        application described in paragraph (1) unless the 
        Secretary determines that such application, including 
        any documentation submitted with the application, 
        indicates that--
                    [(A) there has been adequate participation, 
                by the individuals to be served and the 
                appropriate tribal communities, in the planning 
                and development of the activities to be 
                assisted; and
                    [(B) the individuals and tribal communities 
                referred to in subparagraph (A) will 
                participate in the operation and evaluation of 
                the activities to be assisted.
            [(4) Priority.--In approving applications under 
        paragraph (1), the Secretary shall give priority to 
        applications from Indian educational agencies, 
        organizations, and institutions.
    [(e) Administrative Costs.--Not more than 5 percent of the 
funds made available to an entity through a grant or contract 
made or entered into under this section for a fiscal year may 
be used to pay for administrative costs.]

SEC. 7132. 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 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;
                    (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, subject to 
                the approval of the Secretary.
    (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, in such manner, containing 
        such information, and consistent with such criteria, 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 only if the Secretary is satisfied that 
        such 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.--A tribe may not receive funds 
        under this section if such tribe receives funds under 
        section 1144 of the Education Amendments of 1978.
            (2) Direct services.--No funds under this section 
        may be used to provide direct services.
    (f) Supplement, Not Supplant.--Funds under this section 
shall be used to supplement, and not supplant, other Federal, 
State, and local programs that meet the needs of tribal 
students.

           *       *       *       *       *       *       *

SEC. 7141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

    (a) Membership.--There is established a National Advisory 
Council on Indian Education (hereafter in this section referred 
to as the ``Council''), which shall--
            (1) * * *

           *       *       *       *       *       *       *

    (b) Duties.--The Council shall--
            (1) advise the Secretary and the Secretary of the 
        Interior concerning the funding and administration 
        (including the development of regulations and 
        administrative policies and practices) of any program, 
        including any program established under this part--
                    (A) * * *

           *       *       *       *       *       *       *

SEC. 7151. DEFINITIONS.

     For the purposes of this part:
            (1) Adult.-- The term ``adult'' means an individual 
        who--
                    (A) * * *

           *       *       *       *       *       *       *

            (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).

           *       *       *       *       *       *       *

SEC. 7152. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Subpart 1.--For the purpose of carrying out subpart 1, 
there are authorized to be appropriated [$96,400,000 for fiscal 
year 2002 and such sums as may be necessary for each of the 5 
succeeding fiscal years]such sums as may be necessary for each 
of fiscal years 2016 through 2021.
    (b) Subparts 2 and 3.--For the purpose of carrying out 
subparts 2 and 3, there are authorized to be appropriated 
[$24,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years]such sums 
as may be necessary for each of fiscal years 2016 through 2021.

           *       *       *       *       *       *       *

                   PART B--NATIVE HAWAIIAN EDUCATION

    This part may be cited as the ``Native Hawaiian Education 
Act''.

SEC. 7202. FINDINGS.

     Congress finds the following:
            (1) * * *

           *       *       *       *       *       *       *

            [(14) In 1981, Congress instructed the Office of 
        Education to submit to Congress a comprehensive report 
        on Native Hawaiian education. The report, entitled the 
        ``Native Hawaiian Educational Assessment Project'', was 
        released in 1983 and documented that Native Hawaiians 
        scored below parity with regard to national norms on 
        standardized achievement tests, were disproportionately 
        represented in many negative social and physical 
        statistics indicative of special educational needs, and 
        had educational needs that were related to their unique 
        cultural situation, such as different learning styles 
        and low self-image.
            [(15) In recognition of the educational needs of 
        Native Hawaiians, in 1988, Congress enacted title IV of 
        the Augustus F. Hawkins-Robert T. Stafford Elementary 
        and Secondary School Improvement Amendments of 1988 
        (102 Stat. 130) to authorize and develop supplemental 
        educational programs to address the unique conditions 
        of Native Hawaiians.
            [(16) In 1993, the Kamehameha Schools Bishop Estate 
        released a 10-year update of findings of the Native 
        Hawaiian Educational Assessment Project, which found 
        that despite the successes of the programs established 
        under title IV of the Augustus F. Hawkins-Robert T. 
        Stafford Elementary and Secondary School Improvement 
        Amendments of 1988, many of the same educational needs 
        still existed for Native Hawaiians. Subsequent reports 
        by the Kamehameha Schools Bishop Estate and other 
        organizations have generally confirmed those findings. 
        For example--
                    [(A) educational risk factors continue to 
                start even before birth for many Native 
                Hawaiian children, including--
                            [(i) late or no prenatal care;
                            [(ii) high rates of births by 
                        Native Hawaiian women who are 
                        unmarried; and
                            [(iii) high rates of births to 
                        teenage parents;
                    [(B) Native Hawaiian students continue to 
                begin their school experience lagging behind 
                other students in terms of readiness factors 
                such as vocabulary test scores;
                    [(C) Native Hawaiian students continue to 
                score below national norms on standardized 
                education achievement tests at all grade 
                levels;
                    [(D) both public and private schools 
                continue to show a pattern of lower percentages 
                of Native Hawaiian students in the uppermost 
                achievement levels and in gifted and talented 
                programs;
                    [(E) Native Hawaiian students continue to 
                be overrepresented among students qualifying 
                for special education programs provided to 
                students with learning disabilities, mild 
                intellectual disabilities, emotional 
                impairment, and other such disabilities;
                    [(F) Native Hawaiians continue to be 
                underrepresented in institutions of higher 
                education and among adults who have completed 
                four or more years of college;
                    [(G) Native Hawaiians continue to be 
                disproportionately represented in many negative 
                social and physical statistics indicative of 
                special educational needs, as demonstrated by 
                the fact that--
                            [(i) Native Hawaiian students are 
                        more likely to be retained in grade 
                        level and to be excessively absent in 
                        secondary school;
                            [(ii) Native Hawaiian students have 
                        the highest rates of drug and alcohol 
                        use in the State of Hawaii; and
                            [(iii) Native Hawaiian children 
                        continue to be disproportionately 
                        victimized by child abuse and neglect; 
                        and
                    [(H) Native Hawaiians now comprise over 23 
                percent of the students served by the State of 
                Hawaii Department of Education, and there are 
                and will continue to be geographically rural, 
                isolated areas with a high Native Hawaiian 
                population density.
            [(17) In the 1998 National Assessment of 
        Educational Progress, Hawaiian fourth-graders ranked 
        39th among groups of students from 39 States in 
        reading. Given that Hawaiian students rank among the 
        lowest groups of students nationally in reading, and 
        that Native Hawaiian students rank the lowest among 
        Hawaiian students in reading, it is imperative that 
        greater focus be placed on beginning reading and early 
        education and literacy in Hawaii.
            [(18) The findings described in paragraphs (16) and 
        (17) are inconsistent with the high rates of literacy 
        and integration of traditional culture and Western 
        education historically achieved by Native Hawaiians 
        through a Hawaiian language-based public school system 
        established in 1840 by Kamehameha III.
            [(19) Following the overthrow of the Kingdom of 
        Hawaii in 1893, Hawaiian medium schools were banned. 
        After annexation, throughout the territorial and 
        statehood period of Hawaii, and until 1986, use of the 
        Hawaiian language as an instructional medium in 
        education in public schools was declared unlawful. The 
        declaration caused incalculable harm to a culture that 
        placed a very high value on the power of language, as 
        exemplified in the traditional saying: ``I ka ``o/lelo 
        no/ ke ola; I ka ``o/lelo no/ ka make. In the language 
        rests life; In the language rests death.''.
            [(20) Despite the consequences of over 100 years of 
        nonindigenous influence, the Native Hawaiian people are 
        determined to preserve, develop, and transmit to future 
        generations their ancestral territory and their 
        cultural identity in accordance with their own 
        spiritual and traditional beliefs, customs, practices, 
        language, and social institutions.
            [(21) The State of Hawaii, in the constitution and 
        statutes of the State of Hawaii--
                    [(A) reaffirms and protects the unique 
                right of the Native Hawaiian people to practice 
                and perpetuate their culture and religious 
                customs, beliefs, practices, and language;
                    [(B) recognizes the traditional language of 
                the Native Hawaiian people as an official 
                language of the State of Hawaii, which may be 
                used as the language of instruction for all 
                subjects and grades in the public school 
                system; and
                    [(C) promotes the study of the Hawaiian 
                culture, language, and history by providing a 
                Hawaiian education program and using community 
                expertise as a suitable and essential means to 
                further the program.]

           *       *       *       *       *       *       *

[SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND COUNCILS.

    [(a) Establishment of Native Hawaiian Education Council.--
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 receiving funding under this part, the Secretary is 
authorized to establish a Native Hawaiian Education Council 
(hereafter in this part referred to as the ``Education 
Council'').
    [(b) Composition of Education Council.--The Education 
Council shall consist of not more than 21 members, unless 
otherwise determined by a majority of the council.
    [(c) Conditions and Terms.--
            [(1) Conditions.--At least 10 members of the 
        Education Council shall be Native Hawaiian education 
        service providers and 10 members of the Education 
        Council shall be Native Hawaiians or Native Hawaiian 
        education consumers. In addition, a representative of 
        the State of Hawaii Office of Hawaiian Affairs shall 
        serve as a member of the Education Council.
            [(2) Appointments.--The members of the Education 
        Council shall be appointed by the Secretary based on 
        recommendations received from the Native Hawaiian 
        community.
            [(3) Terms.--Members of the Education Council shall 
        serve for staggered terms of 3 years, except as 
        provided in paragraph (4).
            [(4) Council determinations.--Additional conditions 
        and terms relating to membership on the Education 
        Council, including term lengths and term renewals, 
        shall be determined by a majority of the Education 
        Council.
    [(d) Native Hawaiian Education Council Grant.--The 
Secretary shall make a direct grant to the Education Council to 
carry out the following activities:
            [(1) Coordinate the educational and related 
        services and programs available to Native Hawaiians, 
        including the programs assisted under this part.
            [(2) Assess the extent to which such services and 
        programs meet the needs of Native Hawaiians, and 
        collect data on the status of Native Hawaiian 
        education.
            [(3) Provide 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 serve, where appropriate, in an 
        advisory capacity.
            [(4) Make direct grants, if such grants enable the 
        Education Council to carry out the duties of the 
        Education Council, as described in paragraphs (1) 
        through (3).
    [(e) Additional Duties of the Education Council.--
            [(1) In general.--The Education Council shall 
        provide copies of any reports and recommendations 
        issued by the Education Council, including any 
        information that the Education Council provides to the 
        Secretary pursuant to subsection (i), to the Secretary, 
        the Committee on Education and the Workforce of the 
        House of Representatives, and the Committee on Indian 
        Affairs of the Senate.
            [(2) Annual report.--The Education Council shall 
        prepare and submit to the Secretary an annual report on 
        the Education Council's activities.
            [(3) Island council support and assistance.--The 
        Education Council shall provide such administrative 
        support and financial assistance to the island councils 
        established pursuant to subsection (f) as the Secretary 
        determines to be appropriate, in a manner that supports 
        the distinct needs of each island council.
    [(f) Establishment of Island Councils.--
            [(1) In general.--In order to better effectuate the 
        purposes of this part and to ensure the adequate 
        representation of island and community interests within 
        the Education Council, the Secretary is authorized to 
        facilitate the establishment of Native Hawaiian 
        education island councils (hereafter in this part 
        referred to as an ``island council'') for the following 
        islands:
                    [(A) Hawaii.
                    [(B) Maui.
                    [(C) Molokai.
                    [(D) Lanai.
                    [(E) Oahu.
                    [(F) Kauai.
                    [(G) Niihau.
            [(2) Composition of island councils.--Each island 
        council shall consist of parents, students, and other 
        community members who have an interest in the education 
        of Native Hawaiians, and shall be representative of 
        individuals concerned with the educational needs of all 
        age groups, from children in preschool through adults. 
        At least three-fourths of the members of each island 
        council shall be Native Hawaiians.
    [(g) Administrative Provisions Relating to Education 
Council and Island Councils.--The Education Council and each 
island council shall meet at the call of the chairperson of the 
appropriate council, or upon the request of the majority of the 
members of the appropriate council, but in any event not less 
often than four times during each calendar year. The provisions 
of the Federal Advisory Committee Act shall not apply to the 
Education Council and each island council.
    [(h) Compensation.--Members of the Education Council and 
each island council shall not receive any compensation for 
service on the Education Council and each island council, 
respectively.
    [(i) Report.--Not later than 4 years after the date of 
enactment of the No Child Left Behind Act of 2001, the 
Secretary shall prepare and submit to the Committee on 
Education and the Workforce of the House of Representatives and 
the Committee on Indian Affairs of the Senate a report that 
summarizes the annual reports of the Education Council, 
describes the allocation and use of funds under this part, and 
contains recommendations for changes in Federal, State, and 
local policy to advance the purposes of this part.]

SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL.

    (a) Grant Authorized.--In order to better effectuate the 
purposes of this part through the coordination of educational 
and related services and programs available to Native 
Hawaiians, including those programs that receive funding under 
this part, the Secretary shall award a grant to the education 
council described under subsection (b).
    (b) Education Council.--
            (1) Eligibility.--To be eligible to receive the 
        grant under subsection (a), the council shall be an 
        education council (referred to in this section as the 
        `Education Council') that meets the requirements of 
        this subsection.
            (2) Composition.--The Education Council shall 
        consist of 15 members, of whom--
                    (A) 1 shall be the President of the 
                University of Hawaii (or a designee``(B) 1 
                shall be the Governor of the State of Hawaii 
                (or a designee);
                    (C) 1 shall be the Superintendent of the 
                State of Hawaii Department of Education (or a 
                designee);
                    (D) 1 shall be the chairperson of the 
                Office of Hawaiian Affairs (or a designee);
                    (E) 1 shall be the executive director of 
                Hawaii's Charter School Network (or a 
                designee);
                    (F) 1 shall be the chief executive officer 
                of the Kamehameha Schools (or a designee);
                    (G) 1 shall be the Chief Executive Officer 
                of the Queen Liliuokalani Trust (or a 
                designee);
                    (H) 1 shall be a member, selected by the 
                other members of the Education Council, who 
                represents a private grant-making entity;
                    (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 Mayor of 
                Maui County from the Island of Molokai or the 
                Island of Lanai;
                    (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 education or cultural activities, with 
        traditional cultural experience given due 
        consideration.
            (4) Limitation.--A member (including a designee), 
        while serving on the Education Council, shall not be a 
        direct recipient or administrator of grant funds that 
        are awarded under this part.
            (5) Term of members.--A member who is a designee 
        shall serve for a term of not more than 4 years.
            (6) Chair, vice chair.--
                    (A) Selection.--The Education Council shall 
                select a Chairperson and a Vice-Chairperson 
                from among the members of the Education 
                Council.
                    (B) Term limits.--The Chairperson and Vice-
                Chairperson shall each serve for a 2-year term.
            (7) Administrative provisions relating to education 
        council.--The Education Council shall meet at the call 
        of the Chairperson of the Council, or upon request by a 
        majority of the members of the Education Council, but 
        in any event not less often than every 120 days.
            (8) No compensation.--None of the funds made 
        available through the grant may be used to provide 
        compensation to any member of the Education Council or 
        member of a working group established by the Education 
        Council, for functions described in this section.
    (c) Use of Funds for Coordination Activities.--The 
Education Council shall use funds made available through a 
grant under subsection (a) to carry out each of the following 
activities:
            (1) Providing advice about the coordination of, and 
        serving as a clearinghouse for, the educational and 
        related services and programs available to Native 
        Hawaiians, including the programs assisted under this 
        part.
            (2) Assessing the extent to which such services and 
        programs meet the needs of Native Hawaiians, and 
        collecting data on the status of Native Hawaiian 
        education.
            (3) Providing direction and guidance, through the 
        issuance of reports and recommendations, to appropriate 
        Federal, State, 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 
                paragraphs (2) and (3) of section 7205(a) that 
                are related to the specific goals and purposes 
                of each grantee's grant project, using metrics 
                related to these priorities;
            (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 less 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 7205(c)(2), to make a payment 
under the grant. Funds made available through the grant shall 
remain available until expended.

           *       *       *       *       *       *       *

SEC. 7205. PROGRAM AUTHORIZED.

    (a) General Authority.--
            (1) Grants and contracts.--The Secretary is 
        authorized to make direct grants to, or enter into 
        contracts with--
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) public and private nonprofit 
                organizations, agencies, and institutions with 
                experience in developing or operating Native 
                Hawaiian programs or programs of instruction in 
                the Native Hawaiian language; [and]
                    (D) charter schools; and
                    [(D)](E) consortia of the organizations, 
                agencies, and institutions described in 
                subparagraphs (A) through (C),
        to carry out programs that meet the purposes of this 
        part.

           *       *       *       *       *       *       *

    (c) Authorization of Appropriations.--
            (1) In general.--There are authorized to be 
        appropriated to carry out this section and section 7204 
        such sums as may be necessary [for fiscal year 2002 and 
        each of the 5 succeeding fiscal years]for each of 
        fiscal years 2016 through 2021.
            (2) Reservation.--Of the funds appropriated under 
        this subsection, the Secretary shall reserve $500,000 
        [for fiscal year 2002 and each of the 5 succeeding 
        fiscal years] for each of fiscal years 2016 through 
        2021 to make a direct grant to the Education Council to 
        carry out section 7204.
            (3) Availability.-- * * *

           *       *       *       *       *       *       *

SEC. 7207. DEFINITIONS.

     In this part:
            (1) Community consultation.--The term ``community 
        consultation'' means a public gathering--
                    (A) to discuss Native Hawaiian education 
                concerns; and
                    (B) about which the public has been given 
                not less than 30 days notice.
            (1)(2) Native hawaiian.--The term ``Native 
        Hawaiian'' means any individual who is--
                    (A) * * *

           *       *       *       *       *       *       *

            (2)(3) Native hawaiian community-based 
        organization.--* * *
            (3)(4) Native hawaiian educational organization.--
        The term ``Native Hawaiian educational organization'' 
        means a private nonprofit organization that--
                    (A) * * *

           *       *       *       *       *       *       *

            (4)(5) Native hawaiian language.--* * *
            (5)(6) Native hawaiian organization.--The term 
        ``Native Hawaiian organization'' means a private 
        nonprofit organization that--
                    (A) * * *

           *       *       *       *       *       *       *

            (6)(7) Office of hawaiian affairs.--* * *

           *       *       *       *       *       *       *

PART C--ALASKA NATIVE EDUCATION

           *       *       *       *       *       *       *

SEC. 7302. FINDINGS.

     Congress finds and declares the following:
            [(1) The attainment of educational success is 
        critical to the betterment of the conditions, long-term 
        well-being, and preservation of the culture of Alaska 
        Natives.
            [(2) It is the policy of the Federal Government to 
        encourage the maximum participation by Alaska Natives 
        in the planning and the management of Alaska Native 
        education programs.
            [(3) Alaska Native children enter and exit school 
        with serious educational handicaps.
            [(4) The educational achievement of Alaska Native 
        children is far below national norms. Native 
        performance on standardized tests is low, Native 
        student dropout rates are high, and Natives are 
        significantly underrepresented among holders of 
        baccalaureate degrees in the State of Alaska. As a 
        result, Native students are being denied their 
        opportunity to become full participants in society by 
        grade school and high school educations that are 
        condemning an entire generation to an underclass status 
        and a life of limited choices.
            [(5) The programs authorized in this part, combined 
        with expanded Head Start, infant learning, and early 
        childhood education programs, and parent education 
        programs, are essential if educational handicaps are to 
        be overcome.
            [(6) The sheer magnitude of the geographic barriers 
        to be overcome in delivering educational services in 
        rural Alaska and Alaska villages should be addressed 
        through the development and implementation of 
        innovative, model programs in a variety of areas.
            [(7) Native children should be afforded the 
        opportunity to begin their formal education on a par 
        with their non-Native peers. The Federal Government 
        should lend support to efforts developed by and 
        undertaken within the Alaska Native community to 
        improve educational opportunity for all students.]
            (1) It is the policy of the Federal Government to 
        maximize the leadership of and participation by Alaska 
        Native peoples 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 continues, 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 programs and activities authorized under 
        this subpart give priority to Alaska Native 
        organizations as a means of increasing Alaska Native 
        parents' and community involvement in the promotion of 
        academic success of Alaska Native students.
            (7) 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 subpart supports the Federal trust 
        responsibility of the United States to Alaska Natives.

SEC. 7303. PURPOSES.

    The purposes of this part are as follows:
            (1) To recognize and address the unique educational 
        needs of Alaska Natives.
            (2) To recognize the role of Alaska Native 
        languages and cultures in the educational success and 
        long term well-being of Alaska Native students.
            (3) To integrate Alaska Native cultures and 
        languages into education, develop Alaska Native 
        students' positive identity, and support local place-
        based and culture-based curriculum and programming.
            [(3) To supplement existing programs and 
        authorities in the area of education to further the 
        purposes of this part.]
            [(2)](4) To authorize the development [of 
        supplemental educational programs to benefit Alaska 
        Natives.]of supplemental educational programs to 
        benefit Alaska Native peoples.
            [(4)](5) * * *
            (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, 
        and to ensure Alaska Native tribes and tribal 
        organizations play a meaningful role in providing 
        supplemental educational services to Alaska Native 
        students.

           *       *       *       *       *       *       *

[SEC. 7304. PROGRAM AUTHORIZED.

    [(a) General Authority.--
            [(1) Grants and contracts.--The Secretary is 
        authorized to make grants to, or enter into contracts 
        with, Alaska Native organizations, educational entities 
        with experience in developing or operating Alaska 
        Native programs or programs of instruction conducted in 
        Alaska Native languages, cultural and community-based 
        organizations with experience in developing or 
        operating programs to benefit Alaska Natives, and 
        consortia of organizations and entities described in 
        this paragraph to carry out programs that meet the 
        purposes of this part.
            [(2) Permissible activities.--Activities provided 
        through programs carried out under this part may 
        include the following:
                    [(A) The development and implementation of 
                plans, methods, and strategies to improve the 
                education of Alaska Natives.
                    [(B) The development of curricula and 
                educational programs that address the 
                educational needs of Alaska Native students, 
                including the following:
                            [(i) Curriculum materials that 
                        reflect the cultural diversity or the 
                        contributions of Alaska Natives.
                            [(ii) Instructional programs that 
                        make use of Native Alaskan languages.
                            [(iii) Networks that introduce 
                        successful programs, materials, and 
                        techniques to urban and rural schools.
                    [(C) Professional development activities 
                for educators, including the following:
                            [(i) Programs to prepare teachers 
                        to address the cultural diversity and 
                        unique needs of Alaska Native students.
                            [(ii) In-service programs to 
                        improve the ability of teachers to meet 
                        the unique needs of Alaska Native 
                        students.
                            [(iii) Recruitment and preparation 
                        of teachers who are Alaska Native, 
                        reside in communities with high 
                        concentrations of Alaska Native 
                        students, or are likely to succeed as 
                        teachers in isolated, rural communities 
                        and engage in cross-cultural 
                        instruction in Alaska.
                    [(D) The development and operation of home 
                instruction programs for Alaska Native 
                preschool children, to ensure the active 
                involvement of parents in their children's 
                education from the earliest ages.
                    [(E) Family literacy services.
                    [(F) The development and operation of 
                student enrichment programs in science and 
                mathematics that--
                            [(i) are designed to prepare Alaska 
                        Native students from rural areas, who 
                        are preparing to enter secondary 
                        school, to excel in science and math;
                            [(ii) provide appropriate support 
                        services to the families of such 
                        students that are needed to enable such 
                        students to benefit from the programs; 
                        and
                            [(iii) may include activities that 
                        recognize and support the unique 
                        cultural and educational needs of 
                        Alaska Native children, and incorporate 
                        appropriately qualified Alaska Native 
                        elders and seniors.
                    [(G) Research and data collection 
                activities to determine the educational status 
                and needs of Alaska Native children and adults.
                    [(H) Other research and evaluation 
                activities related to programs carried out 
                under this part.
                    [(I) Remedial and enrichment programs to 
                assist Alaska Native students in performing at 
                a high level on standardized tests.
                    [(J) Education and training of Alaska 
                Native students enrolled in a degree program 
                that will lead to certification or licensing as 
                teachers.
                    [(K) Parenting education for parents and 
                caregivers of Alaska Native children to improve 
                parenting and caregiving skills (including 
                skills relating to discipline and cognitive 
                development), including parenting education 
                provided through in-home visitation of new 
                mothers.
                    [(L) Cultural education programs operated 
                by the Alaska Native Heritage Center and 
                designed to share the Alaska Native culture 
                with students.
                    [(M) A cultural exchange program operated 
                by the Alaska Humanities Forum and designed to 
                share Alaska Native culture with urban students 
                in a rural setting, which shall be known as the 
                Rose Cultural Exchange Program.
                    [(N) Activities carried out through Even 
                Start programs carried out under subpart 3 of 
                part B of title I and Head Start programs 
                carried out under the Head Start Act, including 
                the training of teachers for programs described 
                in this subparagraph.
                    [(O) Other early learning and preschool 
                programs.
                    [(P) Dropout prevention programs operated 
                by the Cook Inlet Tribal Council's Partners for 
                Success program.
                    [(Q) An Alaska Initiative for Community 
                Engagement program.
                    [(R) 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.
                    [(S) Provision of operational support and 
                purchasing of equipment, to develop regional 
                vocational schools in rural areas of Alaska, 
                including boarding schools, for Alaska Native 
                students in grades 9 through 12, or at higher 
                levels of education, to provide the students 
                with necessary resources to prepare for skilled 
                employment opportunities.
                    [(T) Other activities, consistent with the 
                purposes of this part, to meet the educational 
                needs of Alaska Native children and adults.
            [(3) Home instruction programs.--Home instruction 
        programs for Alaska Native preschool children carried 
        out under paragraph (2)(D) may include the following:
                    [(A) Programs for parents and their 
                infants, from the prenatal period of the infant 
                through age 3.
                    [(B) Preschool programs.
                    [(C) Training, education, and support for 
                parents in such areas as reading readiness, 
                observation, story telling, and critical 
                thinking.
    [(b) Limitation on Administrative Costs.--Not more than 5 
percent of funds provided to a grantee under this section for 
any fiscal year may be used for administrative purposes.
    [(c) Priorities.--In awarding grants or contracts to carry 
out activities described in subsection (a)(2), except for 
activities listed in subsection (d)(2), the Secretary shall 
give priority to applications from Alaska Native regional 
nonprofit organizations, or consortia that include at least one 
Alaska Native regional nonprofit organization.
    [(d) Authorization of Appropriations.--
            [(1) In general.--There are authorized to be 
        appropriated to carry out this section such sums as may 
        be necessary for fiscal year 2002 and each of the 5 
        succeeding fiscal years.
            [(2) Availability of funds.--Of the funds 
        appropriated and made available under this section for 
        a fiscal year, the Secretary shall make available--
                    [(A) not less than $1,000,000 to support 
                activities described in subsection (a)(2)(K);
                    [(B) not less than $1,000,000 to support 
                activities described in subsection (a)(2)(L);
                    [(C) not less than $1,000,000 to support 
                activities described in subsection (a)(2)(M);
                    [(D) not less than $2,000,000 to support 
                activities described in subsection (a)(2)(P); 
                and
                    [(E) not less than $2,000,000 to support 
                activities described in subsection (a)(2)(Q).]

SEC. 7304. PROGRAM AUTHORIZED.

    (a) General Authority.--
            (1) Grants and contracts.--The Secretary is 
        authorized to make grants to, or enter into contracts 
        with, Indian tribes or tribal organizations that are in 
        partnership with a State educational agency or a local 
        educational agency to carry out programs that meet the 
        purposes of this subpart, or with Indian tribes or 
        tribal organizations that operate programs that fulfill 
        the purposes under this subpart.
            (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 
                Native peoples.
                    (B) The collection of data to assist in the 
                evaluation of the programs carried out under 
                this subpart.
            (3) Permissible activities.--Activities provided 
        through programs carried out under this subpart 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 
                        reflect the cultural diversity, 
                        languages, history, or the 
                        contributions of Alaska Native people.
                            (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.
                            (iv) Methods to evaluate teachers' 
                        inclusion of diverse Alaska Native 
                        cultures in their lesson plans.
                    (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 incorporate them into lesson plans 
                        and teaching methods.
                            (ii) Recruitment and preparation of 
                        teachers who are Alaska Native.
                            (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;
                            (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, Head Start, or 
                        preschool programs.
                    (D) The development and operation of 
                student enrichment programs, including those in 
                science, technology, engineering, and 
                mathematics that--
                            (i) are designed to prepare Alaska 
                        Native students to excel in such 
                        subjects;
                            (ii) provide appropriate support 
                        services to enable such students to 
                        benefit from the programs; and
                            (iii) include activities that 
                        recognize and support the unique 
                        cultural and educational needs of 
                        Alaska Native children and incorporate 
                        appropriately qualified Alaska Native 
                        elders and other tradition bearers.
                    (E) Research and data collection activities 
                to determine the educational status and needs 
                of Alaska Native children and adults and other 
                such research and evaluation activities related 
                to programs funded under this subpart.
                    (F) Activities designed to increase Alaska 
                Native students' graduation rates and assist 
                Alaska Native students to be prepared for 
                postsecondary education or the workforce 
                without the need for postsecondary remediation, 
                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 
                                Native peoples among Alaska 
                                Native youth and elders, non-
                                Native students and teachers, 
                                and the larger community;
                                    (II) instructing Alaska 
                                Native youth in leadership, 
                                communication, Native culture, 
                                arts, and languages;
                                    (III) inter-generational 
                                learning and internship 
                                opportunities to Alaska Native 
                                youth and young adults;
                                    (IV) cultural immersion 
                                activities;
                                    (V) culturally informed 
                                curriculum intended to preserve 
                                and promote Alaska Native 
                                culture;
                                    (VI) Native language 
                                instruction and immersion 
                                activities;
                                    (VII) school-within-a-
                                school model programs; and
                                    (VIII) college preparation 
                                and career planning; and
                            (iii) holistic school or community-
                        based support services to enable such 
                        students to benefit from the 
                        supplemental programs offered, 
                        including those that address family 
                        instability, school climate, trauma, 
                        safety, and nonacademic learning.
                    (G) The establishment or operation of 
                Native language immersion nests or schools.
                    (H) Student and teacher exchange programs, 
                cross-cultural immersion programs, and culture 
                camps designed to build mutual respect and 
                understanding among participants.
                    (I) Education programs for at-risk urban 
                Alaska Native students that are designed to 
                improve academic proficiency and graduation 
                rates, utilize strategies otherwise permissible 
                under this subpart, and incorporate a strong 
                data collection and continuous evaluation 
                component.
                    (J) Strategies designed to increase 
                parents' involvement in their children's 
                education.
                    (K) Programs and strategies that provide 
                technical assistance and support to schools and 
                communities to engage adults in promoting the 
                academic progress and overall well-being of 
                Alaska Native people such as through--
                            (i) strength-based approaches to 
                        child and youth development;
                            (ii) positive youth-adult 
                        relationships; and
                            (iii) improved conditions for 
                        learning (school climate, student 
                        connection to school and community), 
                        and increased connections between 
                        schools and families.
                    (L) 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.
                    (M) Provision of operational support and 
                purchasing of equipment, to develop regional 
                vocational schools in rural areas of Alaska, 
                including boarding schools, for Alaska Native 
                students in grades 9 through 12, or at higher 
                levels of education, to provide the students 
                with necessary resources to prepare for skilled 
                employment opportunities.
                    (N) Regional leadership academies that 
                demonstrate effectiveness in building respect 
                and understanding, and fostering a sense of 
                Alaska Native identity to promote their pursuit 
                of and success in completing higher education 
                or career training.
                    (O) Other activities, consistent with the 
                purposes of this subpart, 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 such sums as may 
be necessary for each of fiscal years 2016 through 2021.

           *       *       *       *       *       *       *

[SEC. 7305. ADMINISTRATIVE PROVISIONS.

    [(a) Application Required.--No grant may be made under this 
part, and no contract may be entered into under this part, 
unless the entity seeking the grant or contract submits an 
application to the Secretary in such form, in such manner, and 
containing such information as the Secretary may determine 
necessary to carry out the provisions of this part.
    [(b) Applications.--A State educational agency or local 
educational agency may apply for an award under this part only 
as part of a consortium involving an Alaska Native 
organization. The consortium may include other eligible 
applicants.
    [(c) Consultation Required.--Each applicant for an award 
under this part shall provide for ongoing advice from and 
consultation with representatives of the Alaska Native 
community.
    [(d) Local Educational Agency Coordination.--Each applicant 
for an award under this part shall inform each local 
educational agency serving students who would participate in 
the program to be carried out under the grant or contract about 
the application.]

SEC. 7305. FUNDS FOR ADMINISTRATIVE PURPOSES.

     Not more than 5 percent of funds provided to an award 
recipient under this part for any fiscal year may be used for 
administrative purposes.

           *       *       *       *       *       *       *

SEC. 7306. DEFINITIONS.

     In this part:
            (1) Alaska native.--The term ``Alaska Native'' has 
        the same meaning as the term ``Native'' has in section 
        3(b) of the Alaska Native Claims Settlement Act (43 
        U.S.C. 1602(b)) and includes the descendants of 
        individuals so defined.
            (2) Alaska native organization.--The term ``Alaska 
        Native organization'' means a federally recognized 
        tribe, consortium of tribes, regional nonprofit Native 
        association, and another organization that--
                    (A) * * *

           *       *       *       *       *       *       *

            (3) Indian tribe.--The term ``Indian tribe'' has 
        the meaning given the term in section 4 of the Indian 
        Self-Determination and Education Assistance Act.
            (4) Tribal organization.--The term ``tribal 
        organization'' has the meaning given the term in 
        section 4 of the Indian Self-Determination and 
        Education Assistance Act.

           *       *       *       *       *       *       *

 PART D--NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE IMMERSION SCHOOLS 
                              AND PROGRAMS

SEC. 7401. NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE IMMERSION 
                    SCHOOLS.

    (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 student outcomes within Native 
        American and Alaska Native communities.
    (b) Definition.--In this part, the term ``Native American'' 
has the meaning given the term in section 103 of the Native 
American Languages Act (25 U.S.C. 2902).
    (c) Program Authorized.--
            (1) In general.--From the amounts made available to 
        carry out this part, the Secretary may award grants to 
        eligible entities to develop and maintain, or to 
        improve and expand, programs that support schools, 
        including prekindergarten through postsecondary 
        education sites and streams, using Native American and 
        Alaska Native languages as the primary language of 
        instruction.
            (2) Eligible entities.--In this section, 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:
                    (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 public elementary school or secondary 
                school (including a public charter school).
                    (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.
    (d) 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, in such 
        manner, and containing such information 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 subsection (f);
                            (iii) ensure the implementation of 
                        rigorous academic content; and
                            (iv) ensure that students progress 
                        towards high-level 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 
                        proficiency levels 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 job training 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.
                            (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.
    (e) 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.
    (f) 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.
                    (C) Carrying out other activities that 
                promote the maintenance and revitalization of 
                the Native American or Alaska Native language 
                relevant to 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.
    (g) Report to Secretary.--Each eligible entity that 
receives a grant under this part shall provide an annual report 
to the Secretary in such form and manner as the Secretary may 
require.
    (h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal years 2016 through 2021.

           *       *       *       *       *       *       *

PUBLIC LAW 112-239

           *       *       *       *       *       *       *

SEC. 563. AMENDMENTS TO THE IMPACT AID PROGRAM

    National Defense Authorization Act for Fiscal Year 2013
    (a) Short Title.--This section may be cited as the ``Impact 
Aid Improvement Act of 2012''.
    (b) * * *
    (c) Effective Date, Implementation, and Repeal.--
            [(1) In general.--The amendments made by subsection 
        (b) other than the amendment made by paragraph (3)(A) 
        of such subsection) shall be effective for a [2-year]5-
        year period beginning on the date of enactment of this 
        Act.]
            [(2)](1) Effective date.--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.
            [(3)](2) Implementation.--The Secretary of 
        Education shall carry out the amendments made by this 
        section without regard to the rulemaking procedures 
        under section 553 of title 5, United States Code.
            [(4) Repeal.--The amendments made by subsection (b) 
        (other than the amendment made by paragraph (3)(A) of 
        such subsection) shall be repealed on the day after the 
        [2-year]5-year period described in paragraph (1) and 
        title VIII of the Elementary and Secondary Act of 1965 
        (20 U.S.C. 7701 et seq.) shall be applied as if such 
        subsection and the amendments made by such subsection 
        (other than the amendment made by paragraph (3)(A) of 
        such subsection) had never been enacted.]

           *       *       *       *       *       *       *

                         TITLE VIII--IMPACT AID

SEC. 8001. PURPOSE.

     In order to fulfill the Federal responsibility to assist 
with the provision of educational services to federally 
connected children in a manner that promotes control by local 
educational agencies with little or no Federal or State 
involvement, because certain activities of the Federal 
Government, such as activities to fulfill the responsibilities 
of the Federal Government with respect to Indian tribes and 
activities under section 511 of the Servicemembers Civil Relief 
Act, place a financial burden on the local educational agencies 
serving areas where such activities are carried out, and to 
help such children meet [challenging State standards]the same 
challenging State academic standards, it is the purpose of this 
title to provide financial assistance to local educational 
agencies that--
            (1) * * *

           *       *       *       *       *       *       *

SEC. 8002. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.

    (a) In General.--Where the Secretary, after consultation 
with any local educational agency and with the appropriate 
State educational agency, determines--
            (1) * * *

           *       *       *       *       *       *       *

    (b) Amount.--
            (1) In general.-- * * *

           *       *       *       *       *       *       *

            (3) Determination of taxable value for eligible 
        federal property.--
                    (A) In general.--In determining the 
                estimated taxable value of such acquired 
                Federal property for fiscal year 2010 and each 
                succeeding fiscal year, the Secretary shall--
                            (i) * * *

           *       *       *       *       *       *       *

                    [(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, such a local educational 
                agency may ask the Secretary to calculate the 
                per acre value of each such local educational 
                agency as provided under subparagraph (A) and 
                apply the average of these per acre values to 
                the acres of the Federal property in such 
                agency.]
                    (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.

           *       *       *       *       *       *       *

    (e) Local Educational Agency Containing Forest Service Land 
and Serving Certain Counties.-- * * *
            (1) Acreage and acquisition by the forest 
        service.--* * *
            (2) County charter.--The local educational agency 
        serves a county chartered under State law in 1875 or 
        1890.
For each fiscal year beginning with fiscal year 2015, 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). For each fiscal 
year beginning with fiscal year 2015, the Secretary shall treat 
local educational agencies that serve a county chartered or 
formed in 1734 having more than 24 percent of the county in 
Federal ownership as meeting the eligibility requirements of 
subparagraphs (A) and (C) of subsection (a)(1).
    [(f) Special Rule.--(1) Beginning with fiscal year 1994, 
and notwithstanding any other provision of law limiting the 
period during which fiscal year 1994 funds may be obligated, 
the Secretary shall treat the local educational agency serving 
the Wheatland R-II School District, Wheatland, Missouri, as 
meeting the eligibility requirements of section 2(a)(1)(C) of 
the Act of September 30, 1950 (Public Law 874, 81st Congress) 
(as such section was in effect on the day preceding the date of 
enactment of the Improving America's Schools Act of 1994) (20 
U.S.C. 237(a)(1)(C)) or subsection (a)(1)(C).
            [(2) For each fiscal year beginning with fiscal 
        year 1999, the Secretary shall treat the Webster School 
        District, Day County, South Dakota as meeting the 
        eligibility requirements of subsection (a)(1)(C) of 
        this section.
            [(3)\45\ For each fiscal year beginning with fiscal 
        year 2000, the Secretary shall treat the Central Union, 
        California; Island, California; Hill City, South 
        Dakota; and Wall, South Dakota local educational 
        agencies as meeting the eligibility requirements of 
        subsection (a)(1)(C) of this section.
            [(4) For the purposes of payments under this 
        section for each fiscal year beginning with fiscal year 
        2000, the Secretary shall treat the Hot Springs, South 
        Dakota local educational agency as if it had filed a 
        timely application under section 8002 of the Elementary 
        and Secondary Education Act of 1965 for fiscal year 
        1994 if the Secretary has received the fiscal year 1994 
        application, as well as Exhibits A and B not later than 
        December 1, 1999.
            [(5) For purposes of payments under this section 
        for each fiscal year beginning with fiscal year 2000, 
        the Secretary shall treat the Hueneme, California local 
        educational agency as if it had filed a timely 
        application under section 8002 of the Elementary and 
        Secondary Education Act of 1965 if the Secretary has 
        received the fiscal year 1995 application not later 
        than December 1, 1999.]
    (f) Special Rule.--Beginning with fiscal year 2015, a local 
educational agency shall be deemed to meet the requirements of 
subsection (a)(1)(C) if the agency was eligible under paragraph 
(1) or (3) of this subsection, as such subsection was in effect 
on the day before the date of enactment of the Every Child 
Achieves Act of 2015.

           *       *       *       *       *       *       *

    (h) Payments With Respect to Fiscal Years in Which 
Insufficient Funds Are Appropriated.--For any fiscal year for 
which the amount appropriated under section 8014(a) is 
insufficient to pay to each eligible local educational agency 
the full amount determined under subsection (b), the Secretary 
shall make payments to each local educational agency under this 
section as follows:
            (1) Foundation payments for pre-2010 recipients.--
                    (A) In general.-- * * *

           *       *       *       *       *       *       *

            (4) Data.--[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]For each local 
        educational agency that received a payment under this 
        section for fiscal year 2010 or any succeeding fiscal 
        year, the Secretary shall not make a payment under 
        paragraph (3) to a local educational agency that fails 
        to submit, within 60 days of the date the Secretary 
        notifies the agency that the information is needed, the 
        data necessary to calculate the maximum amount of a 
        payment under subsection (b) for that local educational 
        agency.

           *       *       *       *       *       *       *

    [(k) Special Rule.--For purposes of payments under this 
section for each fiscal year beginning with fiscal year 1998--
            [(1) the Secretary shall, for the Stanley County, 
        South Dakota local educational agency, calculate 
        payments as if subsection (e) had been in effect for 
        fiscal year 1994; and
            [(2) the Secretary shall treat the Delaware Valley, 
        Pennsylvania local educational agency as if it had 
        filed a timely application under section 2 of Public 
        Law 81-874 for fiscal year 1994.]
    [(l)](j) Prior Year Data.--Notwithstanding any other 
provision of this section, in determining the eligibility of a 
local educational agency for a payment under subsection (b) or 
(h)(4)(B) of this section for a fiscal year, and in calculating 
the amount of such payment, the Secretary--
            (1) * * *

           *       *       *       *       *       *       *

    [(m)](k) Eligibility.--
            (1) Old federal property.-- * * *

           *       *       *       *       *       *       *

    [(n)](l) Loss of Eligibility.--
            (1) In general.-- * * *

           *       *       *       *       *       *       *

SEC. 8003. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

    (a) Computation of Payment.--
            (1) In general.-- * * *

           *       *       *       *       *       *       *

            (5) Military ``build to lease'' program housing.--
                    (A) In general.--For purposes of computing 
                the amount of payment for a local educational 
                agency for children identified under paragraph 
                (1), the Secretary shall consider children 
                residing in housing initially acquired or 
                constructed under the former section 2828(g) of 
                title 10, United States Code (commonly known as 
                the ``Build to Lease'' program), as added by 
                section 801 of the Military Construction 
                Authorization Act, 1984, [to be children 
                described under paragraph (1)(B) if the 
                property described is within the fenced 
                security perimeter of the military facility 
                upon which such housing is situated.]or 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 within the fenced 
                security perimeter of the military facility or 
                attached to and under any type of force 
                protection agreement with the military 
                installation upon which such housing is 
                situated.
                    (B) Additional requirements.--If the 
                property described in subparagraph (A) is not 
                owned by the Federal Government, is subject to 
                taxation by a State or political subdivision of 
                a State, and thereby generates revenues for a 
                local educational agency that is applying to 
                receive a payment under this section, then the 
                Secretary--
                            (i) * * *

           *       *       *       *       *       *       *

    (b) Basic Support Payments and Payments With Respect to 
Fiscal Years in Which Insufficient Funds Are Appropriated.--
            (1) Basic support payments.--
                    (A) In general.-- * * *

           *       *       *       *       *       *       *

                    [(E) Special rule.--For purposes of 
                determining the comparable local contribution 
                rate under subparagraph (C)(iii) for a local 
                educational agency described in section 
                222.39(c)(3) of title 34, Code of Federal 
                Regulations, that had its comparable local 
                contribution rate for fiscal year 1998 
                calculated pursuant to section 222.39 of title 
                34, Code of Federal Regulations, the Secretary 
                shall determine such comparable local 
                contribution rate as the rate upon which 
                payments under this subsection for fiscal year 
                2000 were made to the local educational agency 
                adjusted by the percentage increase or decrease 
                in the per pupil expenditure in the State 
                serving the local educational agency calculated 
                on the basis of the second most recent 
                preceding school year compared to the third 
                most recent preceding school year for which 
                school year data are available.]
                    (F)(E) Increase in local contribution rate 
                due to unusual geographic factors.-- * * *
                    (G)(F) * * *
            (2) Basic Support Payments for Heavily Impacted 
        Local Educational Agencies.--
                    (A) In general.--(i) * * *

           *       *       *       *       *       *       *

                    [(B) Eligibility for continuing 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) received an additional 
                                assistance payment under 
                                subsection (f) (as such 
                                subsection was in effect on the 
                                day before the date of the 
                                enactment of the Impact Aid 
                                Reauthorization Act of 2000) 
                                for fiscal year 2000; and
                                    [(II)(aa) is a local 
                                educational agency whose 
                                boundaries are the same as a 
                                Federal military installation;
                                    [(bb) has an enrollment of 
                                children described in 
                                subsection (a)(1) that 
                                constitutes a percentage of the 
                                total student enrollment of the 
                                agency which is not less than 
                                35 percent, has a per-pupil 
                                expenditure that is less than 
                                the average per-pupil 
                                expenditure of the State in 
                                which the agency is located or 
                                the average per-pupil 
                                expenditure of all States 
                                (whichever average per-pupil 
                                expenditure is greater), 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 of local 
                                educational agencies in the 
                                State;
                                    [(cc) has an enrollment of 
                                children described in 
                                subsection (a)(1) that 
                                constitutes a percentage of the 
                                total student enrollment of the 
                                agency which is not less than 
                                30 percent, and 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;
                                    [(dd) 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 6,000 of such children are 
                                children described in 
                                subparagraphs (A) and (B) of 
                                subsection (a)(1); or
                                    [(ee) meets the 
                                requirements of subsection 
                                (f)(2) applying the data 
                                requirements of subsection 
                                (f)(4) (as such subsections 
                                were in effect on the day 
                                before the date of the 
                                enactment of the Impact Aid 
                                Reauthorization Act of 2000).
                            [(ii) Loss of eligibility.--A 
                        heavily impacted local educational 
                        agency that met the requirements of 
                        clause (i) for a fiscal year shall be 
                        ineligible to receive a basic support 
                        payment under subparagraph (A) if the 
                        agency fails to meet the requirements 
                        of clause (i) for a subsequent fiscal 
                        year, except that such agency shall 
                        continue to receive a basic support 
                        payment under this paragraph for the 
                        fiscal year for which the ineligibility 
                        determination is made.
                            [(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) Eligibility for new heavily impacted 
                local educational agencies.--
                            [(i) In general.--A heavily 
                        impacted local educational agency that 
                        did not receive an additional 
                        assistance payment under subsection (f) 
                        (as such subsection was in effect on 
                        the day before the date of the 
                        enactment of the Impact Aid 
                        Reauthorization Act of 2000) for fiscal 
                        year 2000 is eligible to receive a 
                        basic support payment under 
                        subparagraph (A) for fiscal year 2002 
                        and any subsequent fiscal year with 
                        respect to a number of children 
                        determined under subsection (a)(1) only 
                        if the agency is a local educational 
                        agency whose boundaries are the same as 
                        a Federal military installation (or if 
                        the agency is a qualified local 
                        educational agency as described in 
                        clause (iv)), or the agency--
                                    [(I) has an enrollment of 
                                children described in 
                                subsection (a)(1) that 
                                constitutes a percentage of the 
                                total student enrollment of the 
                                agency that--
                                            [(aa) is not less 
                                        than 50 percent if such 
                                        agency receives a 
                                        payment on behalf of 
                                        children described in 
                                        subparagraphs (F) and 
                                        (G) of such subsection; 
                                        or
                                            [(bb) is not less 
                                        than 40 percent if such 
                                        agency does not receive 
                                        a payment on behalf of 
                                        such children;
                                    [(II)(aa) for a local 
                                educational agency that has a 
                                total student enrollment of 350 
                                or more students, has a per-
                                pupil expenditure that is less 
                                than the average per-pupil 
                                expenditure of the State in 
                                which the agency is located; or
                                    [(bb) for a local 
                                educational agency that has a 
                                total student enrollment of 
                                less than 350 students, has a 
                                per-pupil expenditure that is 
                                less than the average per-pupil 
                                expenditure of a comparable 
                                local education agency or three 
                                comparable local educational 
                                agencies in the State in which 
                                the local educational agency is 
                                located; and
                                    [(III) has a tax rate for 
                                general fund purposes that is 
                                at least 95 percent of the 
                                average tax rate for general 
                                fund purposes of comparable 
                                local educational agencies in 
                                the State.
                            [(ii) 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 is a 
                        local educational agency whose 
                        boundaries are the same as a Federal 
                        military installation (or if the agency 
                        is a qualified local educational agency 
                        as described in clause (iv)), or meets 
                        the requirements of clause (i), for 
                        that 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.
                            [(iii) Application.--With respect 
                        to the first fiscal year for which a 
                        heavily impacted local educational 
                        agency described in clause (i) applies 
                        for a basic support payment under 
                        subparagraph (A), or with respect to 
                        the first fiscal year for which a 
                        heavily impacted local educational 
                        agency applies for a basic support 
                        payment under subparagraph (A) after 
                        becoming ineligible under clause (i) 
                        for 1 or more preceding fiscal years, 
                        the agency shall apply for such payment 
                        at least 1 year prior to the start of 
                        that first fiscal year.
                            [(iv) Qualified local educational 
                        agency.--A qualified local educational 
                        agency described in this clause is an 
                        agency that meets the following 
                        requirements:
                                    [(I) The boundaries of the 
                                agency are the same as island 
                                property designated by the 
                                Secretary of the Interior to be 
                                property that is held in trust 
                                by the Federal Government.
                                    [(II) The agency has no 
                                taxing authority.
                                    [(III) The agency received 
                                a payment under paragraph (1) 
                                for fiscal year 2001.
                    [(D) Maximum amount for regular heavily 
                impacted local educational agencies.--(i) 
                Except as provided in subparagraph (E), the 
                maximum amount that a heavily impacted local 
                educational agency is eligible to receive under 
                this paragraph for any fiscal year is the sum 
                of the total weighted student units, as 
                computed under subsection (a)(2) and subject to 
                clause (ii), multiplied by the greater of--
                            [(I) four-fifths of the average 
                        per-pupil expenditure of the State in 
                        which the local educational agency is 
                        located for the third fiscal year 
                        preceding the fiscal year for which the 
                        determination is made; or
                            [(II) four-fifths of the average 
                        per-pupil expenditure of all of the 
                        States for the third fiscal year 
                        preceding the fiscal year for which the 
                        determination is made.
                    [(ii)(I) For a local educational agency 
                with respect to 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), the Secretary shall 
                calculate the weighted student units of such 
                children for purposes of subsection (a)(2) by 
                multiplying the number of such children by a 
                factor of 0.55.
                    [(II) 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) For a local educational agency that 
                does not qualify under (B)(i)(II)(aa) of this 
                subsection 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.
                    [(E) Maximum amount for large heavily 
                impacted local educational agencies.--(i)(I) 
                Subject to clause (ii), the maximum amount that 
                a heavily impacted local educational agency 
                described in subclause (II) is eligible to 
                receive under this paragraph for any fiscal 
                year shall be determined in accordance with the 
                formula described in paragraph (1)(C).
                    [(II) 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 6,000 of such children are children 
                described in subparagraphs (A) and (B) of 
                subsection (a)(1).
                    [(ii) 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.
                    [(F) Data.--For purposes of providing 
                assistance under this paragraph the Secretary--
                            [(i) 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; and
                            [(ii) except as provided in 
                        subparagraph (C)(i)(I), shall include 
                        all of the children described in 
                        subparagraphs (F) and (G) of subsection 
                        (a)(1) enrolled in schools of the local 
                        educational agency in determining (I) 
                        the eligibility of the agency for 
                        assistance under this paragraph, and 
                        (II) the amount of such assistance if 
                        the number of such children meet the 
                        requirements of subsection (a)(3).
                    [(G) Determination of average tax rates for 
                general fund purposes.--For the purpose of 
                determining average tax rates for general fund 
                purposes for local educational agencies in a 
                State under this paragraph (except under 
                subparagraph (C)(i)(II)(bb)), 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.
                    [(H) Eligibility for heavily impacted local 
                educational agencies affected by privatization 
                of military housing.--
                            [(i) Eligibility.--For any fiscal 
                        year, a heavily impacted local 
                        educational agency that received a 
                        basic support payment under this 
                        paragraph for the prior fiscal year, 
                        but is ineligible for such payment for 
                        the current fiscal year under 
                        subparagraph (B), (C), (D), or (E), as 
                        the case may be, by reason of the 
                        conversion of military housing units to 
                        private housing described in clause 
                        (iii), shall be deemed to meet the 
                        eligibility requirements under 
                        subparagraph (B) or (C), as the case 
                        may be, for the period during which the 
                        housing units are undergoing such 
                        conversion.
                            [(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 (D) or (E), 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 (D) or (E) 
                        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.]
                    (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 less 
                                                than 500, 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--
                                                    (AA) 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; or
                                                    (BB) was 
                                                eligible to 
                                                receive a 
                                                payment under 
                                                this subsection 
                                                for fiscal year 
                                                2013 and is 
                                                located in a 
                                                State that by 
                                                State law has 
                                                eliminated ad 
                                                valorem tax as 
                                                a revenue for 
                                                local 
                                                educational 
                                                agencies;
                                    (III) 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 20 percent;
                                            (bb) 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; 
                                        and
                                            (cc) 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;
                                    (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 that 
                                        is less than the 
                                        average per-pupil 
                                        expenditure of the 
                                        State in which the 
                                        agency is located or 
                                        the average per-pupil 
                                        expenditure of all 
                                        States (whichever 
                                        average per-pupil 
                                        expenditure is 
                                        greater), 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 of local 
                                        educational agencies in 
                                        the State; and
                                            (cc) was eligible 
                                        to receive assistance 
                                        under subparagraph (A) 
                                        for fiscal year 2001.
                            (ii) Loss of eligibility.--
                                    (I) In general.--Subject to 
                                subclause (II), a heavily 
                                impacted local educational 
                                agency that met the 
                                requirements of clause (i) for 
                                a fiscal year shall be 
                                ineligible to receive a basic 
                                support payment under 
                                subparagraph (A) if the agency 
                                fails to meet the requirements 
                                of clause (i) for a subsequent 
                                fiscal year, except that such 
                                agency shall continue to 
                                receive a basic support payment 
                                under this paragraph for the 
                                fiscal year for which the 
                                ineligibility determination is 
                                made.
                                    (II) Loss of eligibility 
                                due to falling below 95 percent 
                                of the average tax rate for 
                                general fund purposes.--In a 
                                case of a heavily impacted 
                                local educational agency 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 2 
                                previous years, such agency 
                                shall be deemed to maintain 
                                heavily impacted status for 2 
                                fiscal years from after the 
                                date of enactment of the Every 
                                Child Achieves Act of 2015.
                            (iii) Resumption of eligibility.--A 
                        heavily impacted local educational 
                        agency described in clause (i) that 
                        becomes ineligible under such clause 
                        for 1 or more fiscal years may resume 
                        eligibility for a basic support payment 
                        under this paragraph for a subsequent 
                        fiscal year only if the agency meets 
                        the requirements of clause (i) for that 
                        subsequent fiscal year, except that 
                        such agency shall not receive a basic 
                        support payment under this paragraph 
                        until the fiscal year succeeding the 
                        fiscal year for which the eligibility 
                        determination is made.
                    (C) Maximum amount for heavily impacted 
                local educational agencies.--
                            (i) In general.--Except as provided 
                        in subparagraph (D), the maximum amount 
                        that a heavily impacted local 
                        educational agency is eligible to 
                        receive under this paragraph for any 
                        fiscal year is the sum of the total 
                        weighted student units, as computed 
                        under subsection (a)(2) and subject to 
                        clause (ii), multiplied by the greater 
                        of--
                                    (I) four-fifths of the 
                                average per-pupil expenditure 
                                of the State in which the local 
                                educational agency is located 
                                for the third fiscal year 
                                preceding the fiscal year for 
                                which the determination is 
                                made; or
                                    (II) four-fifths of the 
                                average per-pupil expenditure 
                                of all of the States for the 
                                third fiscal year preceding the 
                                fiscal year for which the 
                                determination is made.
                            (ii) Calculation of weighted 
                        student units.--
                                    (I) In general.--
                                            (aa) In general.--
                                        For a local educational 
                                        agency with respect to 
                                        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.
                                    (II) Enrollment of 100 or 
                                fewer children.--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) In general.--Subject to 
                                clause (ii), the maximum amount 
                                that a heavily impacted local 
                                educational agency described in 
                                subclause (II) is eligible to 
                                receive under this paragraph 
                                for any fiscal year shall be 
                                determined in accordance with 
                                the formula described in 
                                paragraph (1)(C).
                                    (II) Heavily impacted local 
                                educational agency.--A heavily 
                                impacted local educational 
                                agency described in this 
                                subclause is a local 
                                educational agency that has a 
                                total student enrollment of not 
                                less than 25,000 students, of 
                                which not less than 50 percent 
                                are children described in 
                                subsection (a)(1) and not less 
                                than 5,000 of such children are 
                                children described in 
                                subparagraphs (A) and (B) of 
                                subsection (a)(1).
                            (ii) Factor.--For purposes of 
                        calculating the maximum amount 
                        described in clause (i), the factor 
                        used in determining the weighted 
                        student units under subsection (a)(2) 
                        with respect to children described in 
                        subparagraphs (A) and (B) of subsection 
                        (a)(1) shall be 1.35.
                    (E) Data.--For purposes of providing 
                assistance under this paragraph the Secretary 
                shall use student, revenue, 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 
                general 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)(bb), 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)(bb) is met.
                                    (III) Availability of 
                                funds.--Notwithstanding any 
                                other provision of law limiting 
                                the period during which the 
                                Secretary may obligate funds 
                                appropriated for any fiscal 
                                year after 2012, the Secretary 
                                shall reserve an amount equal 
                                to a total of $14,000,000 from 
                                funds that remain unobligated 
                                under this section from fiscal 
                                years 2013 or 2014 in order to 
                                make payments under this clause 
                                for fiscal years 2011 through 
                                2014.
                    (G) Eligibility for heavily impacted local 
                educational agencies affected by privatization 
                of military housing.--
                            (i) Eligibility.--For any fiscal 
                        year, a heavily impacted local 
                        educational agency that received a 
                        basic support payment under this 
                        paragraph for the prior fiscal year, 
                        but is ineligible for such payment for 
                        the current fiscal year under 
                        subparagraph (B), (C), (D), or (E), as 
                        the case may be, due to of 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) or 
                        (C), as the case may be, for the period 
                        during which the housing units are 
                        undergoing such conversion or during 
                        such time as activities associated with 
                        base closure and realignment, 
                        modularization, force structure change, 
                        or force relocation are ongoing.
                            (ii) Amount of payment.--The amount 
                        of a payment to a heavily impacted 
                        local educational agency for a fiscal 
                        year by reason of the application of 
                        clause (i), and calculated in 
                        accordance with subparagraph (C) or 
                        (D), as the case may be, shall be based 
                        on the number of children in average 
                        daily attendance in the schools of such 
                        agency for the fiscal year and under 
                        the same provisions of subparagraph (C) 
                        or (D) under which the agency was paid 
                        during the prior fiscal year.
                            (iii) Conversion of military 
                        housing units to private housing 
                        described.--For purposes of clause (i), 
                        ``conversion of military housing units 
                        to private housing'' means the 
                        conversion of military housing units to 
                        private housing units pursuant to 
                        subchapter IV of chapter 169 of title 
                        10, United States Code, or pursuant to 
                        any other related provision of law.
            (3) Payments with respect to fiscal years in which 
        insufficient funds are appropriated.--
                    (A) In general.-- * * *
                    (B) Learning opportunity threshold payments 
                in lieu of payments under paragraph (1).--(i) * 
                * *

           *       *       *       *       *       *       *

                    (ii) * * *
                    [(iii) For the purpose of determining the 
                percentages described in subclauses (I) and 
                (II) of clause (i) that are applicable to the 
                local educational agency providing free public 
                education to students in grades 9 through 12 
                residing on Hanscom Air Force Base, 
                Massachusetts, the Secretary shall consider 
                only that portion of such agency's total 
                enrollment of students in grades 9 through 12 
                when calculating the percentage under such 
                subclause (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 subclause 
                (II).]
                    (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 in fiscal year 2009 
                calculated under this paragraph (as this 
                paragraph was in effect on the day before the 
                date of enactment of the Every Child Achieves 
                Act of 2015) for students in grades 9 through 
                12, the Secretary shall, in calculating the 
                agency's payment, consider only that portion of 
                such agency's total enrollment of students in 
                grades 9 through 12 when calculating the 
                percentage under clause (i)(I) and only that 
                portion of the total current expenditures 
                attributed to the operation of grades 9 through 
                12 in such agency when calculating the 
                percentage under clause (i)(II).

           *       *       *       *       *       *       *

                    (C) Learning opportunity threshold payments 
                in lieu of payments under paragraph (2).--For 
                fiscal years described in subparagraph (A), the 
                learning opportunity threshold payment in lieu 
                of basic support payments under paragraph (2) 
                shall be equal to the amount obtained under 
                [subparagraph (D) or (E) of paragraph 
                (2),]paragraph (2)(D) as the case may be.
                    [(D) Ratable distribution.--For fiscal 
                years described in subparagraph (A), the 
                Secretary shall make payments as a ratable 
                distribution based upon the computations made 
                under subparagraphs (B) and (C).]
                    (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) and (C) of the 
                        agency.
                    (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 (D), the Secretary 
                shall ratably reduce the payment to each local 
                educational agency under this paragraph.
                    (F) Increases.--If the sums appropriated 
                are sufficient to increase the threshold 
                payment above the 100 percent threshold payment 
                described in subparagraph (D), then the 
                Secretary shall increase payments on the same 
                basis as such payments were reduced, except no 
                local educational agency may receive a payment 
                amount greater than 100 percent of the maximum 
                payment calculated under this subsection.
                    (G) Provision of tax rate and resulting 
                percentage.--The Secretary shall provide the 
                local educational agency's tax rate and the 
                resulting percentage to each eligible local 
                educational agency immediately following the 
                payments of funds under paragraph (2).
            (4) States with only one local educational 
        agency.--
                    (A) In general.-- * * *

           *       *       *       *       *       *       *

    (c) Prior Year Data.--
            (1) In general.-- * * *
            [(2) Exception.--Calculations for a local 
        educational agency that is newly established by a State 
        shall, for the first year of operation of such agency, 
        be based on data from the fiscal year for which the 
        agency is making application for payment.]
            (2) Exception.--Calculation of payments for a local 
        educational agency shall be based on data from the 
        fiscal year for which the agency is making an 
        application for payment if such agency--
                    (A) is newly established by a State, for 
                the first year of operation of such agency 
                only;
                    (B) was eligible to receive a payment under 
                this section for the previous fiscal year and 
                has had an overall increase in enrollment (as 
                determined by the Secretary in consultation 
                with the Secretary of Defense, the Secretary of 
                Interior, or the heads of other Federal 
                agencies)--
                            (i) of not less than 10 percent, or 
                        100 students, of children described 
                        in--
                                    (I) subparagraph (A), (B), 
                                (C), or (D) of subsection 
                                (a)(1); or
                                    (II) subparagraphs (F) and 
                                (G) of subsection (a)(1), but 
                                only to the extent such 
                                children are civilian 
                                dependents of employees of the 
                                Department of Defense or the 
                                Department of Interior; and
                            (ii) that is the direct result of 
                        closure or realignment of military 
                        installations under the base closure 
                        process or the relocation of members of 
                        the Armed Forces and civilian employees 
                        of the Department of Defense as part of 
                        the force structure changes or 
                        movements of units or personnel between 
                        military installations or because of 
                        actions initiated by the Secretary of 
                        the Interior or the head of another 
                        Federal agency; or
                    (C) was eligible to receive a payment under 
                this section for the previous fiscal year and 
                has had an increase in enrollment (as 
                determined by the Secretary)--
                            (i) of not less than 10 percent of 
                        children described in subsection (a)(1) 
                        or not less than 100 of such children; 
                        and
                            (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) in the 
                        previous fiscal year.
    (d) [Children]Students With Disabilities.--
            (1) In general.--From the amount appropriated under 
        section 8014(c) for a fiscal year, the Secretary shall 
        pay to each eligible local educational agency, on a pro 
        rata basis, the amounts determined by--
                    (A) multiplying the number of 
                [children]students described in subparagraphs 
                (A)(ii), (B) and (C) of subsection (a)(1) who 
                are eligible to receive services under the 
                Individuals with Disabilities Education Act (20 
                U.S.C. 1400 et seq.) by a factor of 1.0; and
                    (B) multiplying the number of 
                [children]students described in subparagraph 
                (D) of subsection (a)(1) who are eligible to 
                receive services under such Act by a factor of 
                0.5.
            (2) Use of funds.--A local educational agency that 
        receives funds under paragraph (1) shall use such funds 
        to provide a free appropriate public education to 
        [children]students described in paragraph (1) in 
        accordance with the Individuals with Disabilities 
        Education Act (20 U.S.C. 1400 et seq.).
    (e) Hold Harmless.--
            [(1) In general.--Subject to paragraphs (2) and 
        (3), the total amount the Secretary shall pay a local 
        educational agency under subsection (b)--
                    [(A) for fiscal year 2001 shall not be less 
                than 85 percent of the total amount that the 
                local educational agency received under 
                subsections (b) and (f) for fiscal year 2000; 
                and
                    [(B) for fiscal year 2002 shall not be less 
                than 70 percent of the total amount that the 
                local educational agency received under 
                subsections (b) and (f) for fiscal year 2000.]
            (1) In general.--
                    (A) In general.--In the case of any local 
                educational agency whose payment under 
                subsection (b) for a fiscal year is determined 
                to be reduced by an amount greater than 
                $5,000,000 or by 20 percent, as compared to the 
                amount received in the previous fiscal year, 
                the Secretary shall, subject to subparagraph 
                (B), pay a local educational agency, for each 
                of the 3 years following the reduction under 
                subsection (b), the amount determined under 
                subparagraph (B).
                    (B) Amount of reduction.--Subject to 
                subparagraph (C), a local educational agency 
                described in subparagraph (A) shall receive--
                            (i) 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 
                        paragraph (1) or (2) of subsection (b) 
                        in the fiscal year prior to the 
                        reduction (referred to in this 
                        paragraph as the ``base year'');
                            (ii) 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 paragraph (1) or 
                        (2) of subsection (b) in the base year; 
                        and
                            (iii) 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 paragraph (1) or 
                        (2) of subsection (b) in the base year.
                    (C) Special rule.--For any fiscal year for 
                which a local educational agency would be 
                subject to a reduced payment under clause (ii) 
                or (iii) of subparagraph (B), but the total 
                amount of the payment for which the local 
                educational agency is eligible under subsection 
                (b) for that fiscal year is greater than the 
                amount that initially subjected the local 
                educational agency to the requirements of this 
                subsection, the Secretary shall pay the greater 
                amount to the local educational agency for such 
                year.
            (2) Maximum amount.-- * * *

           *       *       *       *       *       *       *

    [(g) Maintenance of Effort.--A local educational agency may 
receive funds under sections 8002 and 8003(b) for any fiscal 
year only if the State educational agency finds that either the 
combined fiscal effort per student or the aggregate 
expenditures of that agency and the State with respect to the 
provision of free public education by that agency for the 
preceding fiscal year was not less than 90 percent of such 
combined fiscal effort or aggregate expenditures for the second 
preceding fiscal year.]

           *       *       *       *       *       *       *

SEC. 8004. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON 
                    INDIAN LANDS.

    (a) In General.--A local educational agency that claims 
children residing on Indian lands for the purpose of receiving 
funds under section 8003 shall establish policies and 
procedures to ensure that--
            (1) * * *

           *       *       *       *       *       *       *

    (e) Complaints.--
            (1) In general.-- (A) * * *

           *       *       *       *       *       *       *

            (9) Rejection of determination.--If the local 
        educational agency rejects the determination of the 
        Secretary and a tribe exercises the option under 
        section 1101(d) of the Education Amendments of 1978, to 
        have education services provided either directly by the 
        Bureau of Indian [Affairs]Education or by contract with 
        the Bureau of Indian [Affairs]Education, any Indian 
        students affiliated with that tribe who wish to remain 
        in attendance at the local educational agency against 
        whom the complaint which led to the tribal action under 
        such subsection (d) was lodged may be counted with 
        respect to that local educational agency for the 
        purpose of receiving funds under section 8003. In such 
        event, funds under such section shall not be withheld 
        pursuant to paragraph (8) and no further complaints 
        with respect to such students may be filed under 
        paragraph (1).

           *       *       *       *       *       *       *

SEC. 8005. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.

    (a) In General.--A local educational agency desiring to 
receive a payment under section 8002 or 8003 shall--
            (1) * * *

           *       *       *       *       *       *       *

    (b) Contents.--Each such application shall be submitted in 
such form and manner[, and shall contain such information,] as 
the Secretary may require, including--
            (1) * * *

           *       *       *       *       *       *       *

    (c) Student Count.--In collecting information to determine 
the eligibility of a local educational agency and the number of 
federally connected children for the local educational agency, 
the Secretary shall, in addition to any options provided under 
section 222.35 of title 34, Code of Federal Regulations, or a 
successor regulation, allow a local educational agency to count 
the number of such children served by the agency as of the date 
by which the agency requires all students to register for the 
school year of the fiscal year for which the application is 
filed.
    [(c)](d) * * *
    [(d)](e) * * *

           *       *       *       *       *       *       *

SEC. 8007. CONSTRUCTION.

    (a) Construction Payments Authorized.--
            (1) In general.-- * * *

           *       *       *       *       *       *       *

    (b) School Facility Emergency and Modernization Grants 
Authorized.--
            (1) In general.--From 60 percent of the amount 
        appropriated for each fiscal year under section 
        8014(e), the Secretary--
                    (A) * * *

           *       *       *       *       *       *       *

            (3) Eligibility requirements.--
                    (A) Emergency grants.--A local educational 
                agency is eligible to receive an emergency 
                grant under paragraph (2)(A) if--
                            (i) * * *

           *       *       *       *       *       *       *

                    (C) Additional eligibility for emergency 
                and modernization grants.-- (i) * * *
                            (I) The agency receives a basic 
                        support payment under section 8003(b) 
                        for the fiscal year and the agency 
                        meets at least one of the following 
                        requirements:
                                    (aa) * * *

           *       *       *       *       *       *       *

                                    (cc) Not less than 10 
                                percent of the property in the 
                                agency is exempt from State and 
                                local taxation under Federal 
                                law.

           *       *       *       *       *       *       *

            (6) Application.-- A local educational agency that 
        desires to receive an emergency grant or a 
        modernization grant under this subsection shall submit 
        an application to the Secretary at such time, in such 
        manner, and accompanied by such information as the 
        Secretary may require. Each application shall contain 
        the following:
                    (A) * * *

           *       *       *       *       *       *       *

                    [(F) Such other information and assurances 
                as the Secretary may reasonably require.]

           *       *       *       *       *       *       *

SEC. 8009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID.

    (a) General Prohibition.--Except as provided in subsection 
(b), a State may not--
            (1) * * *

           *       *       *       *       *       *       *

    (c) Procedures for Review of State Equalization Plans.--
            (1) Written notice.--
                    (A) In general.-- * * *
                    (B) Contents.--Such notice shall be in the 
                form [and contain the information] the 
                Secretary requires, including evidence that the 
                State has notified each local educational 
                agency in the State of such State's intention 
                to consider such payments in providing State 
                aid.

           *       *       *       *       *       *       *

SEC. 8013. DEFINITIONS.

     For purposes of this title:
            (1) Armed forces.-- * * *

           *       *       *       *       *       *       *

            (5) Federal property.--
                    (A) In general.--Except as provided in 
                subparagraphs (B) through (F), the term 
                ``Federal property'' means real property that 
                is not subject to taxation by any State or any 
                political subdivision of a State due to Federal 
                agreement, law, or policy, and that is--
                            (i) * * *
                            (ii)(I) held in trust by the United 
                        States for individual Indians or Indian 
                        tribes;
                            (II) * * *
                            [(III) conveyed at any time under 
                        the Alaska Native Claims Settlement Act 
                        to a Native individual, Native group, 
                        or village or regional corporation;]
                            (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; or
                                    (bb) is considered Federal 
                                property for the purpose of 
                                this paragraph, only if the 
                                property is located within a 
                                Regional Educational Attendance 
                                Area that has no taxing power;
                            (iii)(I) * * *
                            (II) used to provide housing for 
                        homeless children at closed military 
                        installations pursuant to section 501 
                        of the [Stewart B. McKinney Homeless 
                        Assistance Act]McKinney-Vento Homeless 
                        Assistance Act (42 U.S.C. 11411); or
                                    [(III) used for affordable 
                                housing assisted under the 
                                Native American Housing 
                                Assistance and Self-
                                Determination Act of 1996; or]
                            (III) used for affordable housing 
                        assisted under the Native American 
                        Housing Assistance and Self-
                        Determination Act of 1996 (25 U.S.C. 
                        4101 et seq.); or
                    (B) Schools providing flight training to 
                members of air force.-- * * *

           *       *       *       *       *       *       *

SEC. 8014. AUTHORIZATION OF APPROPRIATIONS.

    (a) Payments for Federal Acquisition of Real Property.--For 
the purpose of making payments under section 8002, there are 
authorized to be appropriated [$32,000,000 for fiscal year 2000 
and such sums as may be necessary for each of the seven 
succeeding fiscal years] such sums as may be necessary for each 
of fiscal years 2016 through 2021.
    (b) Basic Payments; Payments for Heavily Impacted Local 
Educational Agencies.--For the purpose of making payments under 
section 8003(b), there are authorized to be appropriated 
[$809,400,000 for fiscal year 2000 and such sums as may be 
necessary for each of the seven succeeding fiscal years] such 
sums as may be necessary for each of fiscal years 2016 through 
2021.
    (c) Payments for Children With Disabilities.--For the 
purpose of making payments under section 8003(d), there are 
authorized to be appropriated [$50,000,000 for fiscal year 2000 
and such sums as may be necessary for each of the seven 
succeeding fiscal years] such sums as may be necessary for each 
of fiscal years 2016 through 2021.
    [(e)](d) Construction.--For the purpose of carrying out 
section 8007, there are authorized to be appropriated 
[$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]such sums as may be necessary for each 
of fiscal years 2016 through 2021.
    [(f)](e) Facilities Maintenance.--For the purpose of 
carrying out section 8008, there are authorized to be 
appropriated [$5,000,000 for fiscal year 2000 and such sums as 
may be necessary for each of the seven succeeding fiscal 
years]such sums as may be necessary for each of fiscal years 
2016 through 2021.

           *       *       *       *       *       *       *

                      TITLE IX--GENERAL PROVISIONS

                          PART A--DEFINITIONS

SEC. 9101. DEFINITIONS.

     Except as otherwise provided, in this Act:
            (1) 4-year adjusted cohort graduation rate.--The 
        term ``4-year adjusted cohort graduation rate'' has the 
        meaning given the term ``four-year adjusted cohort 
        graduation rate'' in section 200.19(b)(1) of title 34, 
        Code of Federal Regulations, as such section was in 
        effect on November 28, 2008.
            [(1)](2) * * *

           *       *       *       *       *       *       *

            [(2)](3) * * *
            [(3) Beginning teacher.--The term ``beginning 
        teacher'' means a teacher in a public school who has 
        been teaching less than a total of three complete 
        school years.]

           *       *       *       *       *       *       *

            [(11) Core academic subjects.--The term ``core 
        academic subjects'' means English, reading or language 
        arts, mathematics, science, foreign languages, civics 
        and government, economics, arts, history, and 
        geography.]
            (11) Core academic subjects.--The term ``core 
        academic subjects'' means English, reading or language 
        arts, writing, science, technology, engineering, 
        mathematics, foreign languages, civics and government, 
        economics, arts, history, geography, computer science, 
        music, and physical education, and any other subject as 
        determined by the State or local educational agency.

           *       *       *       *       *       *       *

            (13) Covered program.--The term ``covered program'' 
        means each of the programs authorized by--
                    (A) part A of title I;
                    [(B) subpart 3 of part B of title I;]
                    [(C)](B) part C of title I;
                    [(D)](C) part D of title I;
                    [(E) part F of title I;]
                    [(F)](D) part A of title II;
                    [(G) part D of title II;]
                    [(H)](E) part A of title III;
                    [(I)](F) part A of title IV;
                    [(J)](G) part B of title IV;
                    (H) part G of title V; and
                    [(K) part A of title V; and]
                    [(L)](I) subpart 2 of part B of title VI.

           *       *       *       *       *       *       *

            (16) Distance learning.--* * *
            (17) 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.
            [(17)](18) * * *
            [(18)](19) * * *
            [(19) Exemplary teacher.--The term ``exemplary 
        teacher'' means a teacher who--
                    [(A) is a highly qualified teacher such as 
                a master teacher;
                    (B) has been teaching for at least 5 years 
                in a public or private school or institution of 
                higher education;
                    [(C) is recommended to be an exemplary 
                teacher by administrators and other teachers 
                who are knowledgeable about the individual's 
                performance;
                    [(D) is currently teaching and based in a 
                public school; and
                    [(E) assists other teachers in improving 
                instructional strategies, improves the skills 
                of other teachers, performs teacher mentoring, 
                develops curricula, and offers other 
                professional development.]
            [(25)](20) [Limited english proficient]English 
        learner.--The term ``[limited English 
        proficient]English learner'', when used with respect to 
        an individual, means an individual--
                    (A) * * *

           *       *       *       *       *       *       *

                    (D) whose difficulties in speaking, 
                reading, writing, or understanding the English 
                language may be sufficient to deny the 
                individual--
                            (i) the ability to meet the 
                        [State's proficient level of 
                        achievement on State assessments 
                        described in section 
                        1111(b)(3)]challenging State academic 
                        standards described in section 
                        1111(b)(1);
                            (ii) * * *

           *       *       *       *       *       *       *

            (21) Evidence-based.--
                    (A) In general.--Except as provided in 
                subparagraph (B), the term ``evidence-based'', 
                when used with respect to an 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 well-designed 
                                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 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 part a of title i.--For 
                purposes of part A of title I, the term 
                ``evidence-based'', when used with respect to 
                an activity, means an activity that meets the 
                requirements of subclause (I) or (II) 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) instruction and enrichment in core 
                academic subjects, other academic subjects, and 
                other activities that contribute to 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.--The term ``extended-year adjusted cohort 
        graduation rate'' has the meaning given the term in 
        section 200.19(b)(1)(v) of title 34, Code of Federal 
        Regulations, as such section was in effect on November 
        28, 2008.
            [(20)](24) * * *
            [(21)](25) * * *
            [(22)](26) * * *
            [[(23)](27) Highly qualified.-- The term ``highly 
        qualified''--
                    [(A) when used with respect to any public 
                elementary school or secondary school teacher 
                teaching in a State, means that--
                            [(i) the teacher has obtained full 
                        State certification as a teacher 
                        (including certification obtained 
                        through alternative routes to 
                        certification) or passed the State 
                        teacher licensing examination, and 
                        holds a license to teach in such State, 
                        except that when used with respect to 
                        any teacher teaching in a public 
                        charter school, the term means that the 
                        teacher meets the requirements set 
                        forth in the State's public charter 
                        school law; and
                            [(ii) the teacher has not had 
                        certification or licensure requirements 
                        waived on an emergency, temporary, or 
                        provisional basis;
                    [(B) when used with respect to--
                            [(i) an elementary school teacher 
                        who is new to the profession, means 
                        that the teacher--
                                    [(I) holds at least a 
                                bachelor's degree; and
                                    [(II) has demonstrated, by 
                                passing a rigorous State test, 
                                subject knowledge and teaching 
                                skills in reading, writing, 
                                mathematics, and other areas of 
                                the basic elementary school 
                                curriculum (which may consist 
                                of passing a State-required 
                                certification or licensing test 
                                or tests in reading, writing, 
                                mathematics, and other areas of 
                                the basic elementary school 
                                curriculum); or
                            [(ii) a middle or secondary school 
                        teacher who is new to the profession, 
                        means that the teacher holds at least a 
                        bachelor's degree and has demonstrated 
                        a high level of competency in each of 
                        the academic subjects in which the 
                        teacher teaches by--
                                    [(I) passing a rigorous 
                                State academic subject test in 
                                each of the academic subjects 
                                in which the teacher teaches 
                                (which may consist of a passing 
                                level of performance on a 
                                State-required certification or 
                                licensing test or tests in each 
                                of the academic subjects in 
                                which the teacher teaches); or
                                    [(II) successful 
                                completion, in each of the 
                                academic subjects in which the 
                                teacher teaches, of an academic 
                                major, a graduate degree, 
                                coursework equivalent to an 
                                undergraduate academic major, 
                                or advanced certification or 
                                credentialing; and
                    [(C) when used with respect to an 
                elementary, middle, or secondary school teacher 
                who is not new to the profession, means that 
                the teacher holds at least a bachelor's degree 
                and--
                            [(i) has met the applicable 
                        standard in clause (i) or (ii) of 
                        subparagraph (B), which includes an 
                        option for a test; or
                            [(ii) demonstrates competence in 
                        all the academic subjects in which the 
                        teacher teaches based on a high 
                        objective uniform State standard of 
                        evaluation that--
                                    [(I) is set by the State 
                                for both grade appropriate 
                                academic subject matter 
                                knowledge and teaching skills;
                                    [(II) is aligned with 
                                challenging State academic 
                                content and student academic 
                                achievement standards and 
                                developed in consultation with 
                                core content specialists, 
                                teachers, principals, and 
                                school administrators;
                                    [(III) provides objective, 
                                coherent information about the 
                                teacher's attainment of core 
                                content knowledge in the 
                                academic subjects in which a 
                                teacher teaches;
                                    [(IV) is applied uniformly 
                                to all teachers in the same 
                                academic subject and the same 
                                grade level throughout the 
                                State;
                                    [(V) takes into 
                                consideration, but not be based 
                                primarily on, the time the 
                                teacher has been teaching in 
                                the academic subject;
                                    [(VI) is made available to 
                                the public upon request; and
                                    [(VII) may involve 
                                multiple, objective measures of 
                                teacher competency.]
            (27) 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.

           *       *       *       *       *       *       *

            [(24)](28) * * *
            [(26)](29) * * *
                    (A) In general.-- * * *

           *       *       *       *       *       *       *

                    (C) [BIA]BIE schools.--The term includes an 
                elementary school or secondary school funded by 
                the Bureau of Indian [Affairs]Education but 
                only to the extent that including the school 
                makes the school eligible for programs for 
                which specific eligibility is not provided to 
                the school in another provision of law and the 
                school does not have a student population that 
                is smaller than the student population of the 
                local educational agency receiving assistance 
                under this Act with the smallest student 
                population, except that the school shall not be 
                subject to the jurisdiction of any State 
                educational agency other than the Bureau of 
                Indian [Affairs] Education.
            [(27)](30) * * *
            (31) Multi-tier system of supports.--The term 
        ``multi-tier system of supports'' means a comprehensive 
        continuum of evidence-based, system-wide practices to 
        support a rapid response to academic and behavioral 
        needs, with frequent data-based monitoring for 
        instructional decisionmaking.
            [(28)](32) * * *
            [(29)](33) Other staff.--The term ``other staff'' 
        means [pupil services]specialized instructional support 
        personnel, librarians, career guidance and counseling 
        personnel, education aides, and other instructional and 
        administrative personnel.
            [(30)](34) Outlying area.--The term ``outlying 
        area'' means the United States Virgin Islands, Guam, 
        American Samoa, and the Commonwealth of the Northern 
        Mariana Islands, and for the purpose of section 1121(b) 
        and any other discretionary grant program under this 
        Act, [includes the freely associated states of the 
        Republic of the Marshall Islands, the Federated States 
        of Micronesia, and the Republic of Palau until an 
        agreement for the extension of United States education 
        assistance under the Compact of Free Association for 
        each of the freely associated states becomes effective 
        after the date of enactment of the No Child Left Behind 
        Act of 2001.]includes the Republic of Palau except 
        during any period for which the Secretary determines 
        that a Compact of Free Association is in effect that 
        contains provisions for education assistance 
        prohibiting the assistance provided under this Act.
            [(31)](35) * * *
            [(32)](36) Parental involvement.-- The term 
        ``parental involvement'' means the participation of 
        parents in regular, two-way, and meaningful 
        communication involving student academic learning and 
        other school activities, including ensuring--
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) that parents are full partners in their 
                child's education and are included, as 
                appropriate, in decisionmaking and on advisory 
                committees to assist in the education of their 
                child; and
                    (D) the carrying out of other activities, 
                such as those described in [section 
                1118]section 1115.
            [(33)](37) * * *
            [[(34)](38) Professional development. The term 
        ``professional development''--
                    [(A) includes activities that--
                            [(i) improve and increase teachers' 
                        knowledge of the academic subjects the 
                        teachers teach, and enable teachers to 
                        become highly qualified;
                            [(ii) are an integral part of broad 
                        schoolwide and districtwide educational 
                        improvement plans;
                            [(iii) give teachers, principals, 
                        and administrators the knowledge and 
                        skills to provide students with the 
                        opportunity to meet challenging State 
                        academic content standards and student 
                        academic achievement standards;
                            [(iv) improve classroom management 
                        skills;
                            [(v)(I) are high quality, 
                        sustained, intensive, and classroom-
                        focused in order to have a positive and 
                        lasting impact on classroom instruction 
                        and the teacher's performance in the 
                        classroom; and
                            [(II) are not 1-day or short-term 
                        workshops or conferences;
                            [(vi) support the recruiting, 
                        hiring, and training of highly 
                        qualified teachers, including teachers 
                        who became highly qualified through 
                        State and local alternative routes to 
                        certification;
                            [(vii) advance teacher 
                        understanding of effective 
                        instructional strategies that are--
                                    [(I) based on 
                                scientifically based research 
                                (except that this subclause 
                                shall not apply to activities 
                                carried out under part D of 
                                title II); and
                                    [(II) strategies for 
                                improving student academic 
                                achievement or substantially 
                                increasing the knowledge and 
                                teaching skills of teachers; 
                                and
                            [(viii) are aligned with and 
                        directly related to--
                                    [(I) State academic content 
                                standards, student academic 
                                achievement standards, and 
                                assessments; and
                                    [(II) the curricula and 
                                programs tied to the standards 
                                described in subclause (I) 
                                except that this subclause 
                                shall not apply to activities 
                                described in clauses (ii) and 
                                (iii) of section 2123(3)(B);
                            [(ix) are developed with extensive 
                        participation of teachers, principals, 
                        parents, and administrators of schools 
                        to be served under this Act;
                            [(x) are designed to give teachers 
                        of limited English proficient children, 
                        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;
                            [(xi) to the extent appropriate, 
                        provide training for teachers and 
                        principals in the use of technology so 
                        that technology and technology 
                        applications are effectively used in 
                        the classroom to improve teaching and 
                        learning in the curricula and core 
                        academic subjects in which the teachers 
                        teach;
                            [(xii) 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;
                            [(xiii) provide instruction in 
                        methods of teaching children with 
                        special needs;
                            [(xiv) include instruction in the 
                        use of data and assessments to inform 
                        and instruct classroom practice; and
                            [(xv) include instruction in ways 
                        that teachers, principals, pupil 
                        services personnel, and school 
                        administrators may work more 
                        effectively with parents; and
                    [(B) may include activities that--
                            [(i) involve the forming of 
                        partnerships with institutions of 
                        higher education to establish school-
                        based teacher training programs that 
                        provide prospective teachers and 
                        beginning teachers with an opportunity 
                        to work under the guidance of 
                        experienced teachers and college 
                        faculty;
                            [(ii) 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; and
                            [(iii) provide follow-up training 
                        to teachers who have participated in 
                        activities described in subparagraph 
                        (A) or another clause of this 
                        subparagraph that are designed to 
                        ensure that the knowledge and skills 
                        learned by the teachers are implemented 
                        in the classroom.]
            [(35) Public telecommunications entity.--The term 
        ``public telecommunications entity'' has the meaning 
        given that term in section 397(12) of the 
        Communications Act of 1934.
            [(36) Pupil services personnel; pupil services.--
                    [(A) Pupil services personnel.--The term 
                ``pupil services personnel'' means school 
                counselors, school social workers, school 
                psychologists, and other qualified professional 
                personnel 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) as part of a 
                comprehensive program to meet student needs.
                    [(B) Pupil services.--The term ``pupil 
                services'' means the services provided by pupil 
                services personnel.
            [(37) Scientifically based research.--The term 
        ``scientifically based research''--
                    [(A) means research that involves the 
                application of rigorous, systematic, and 
                objective procedures to obtain reliable and 
                valid knowledge relevant to education 
                activities and programs; and
                    [(B) includes research that--
                            [(i) employs systematic, 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 
                        reliable and valid data across 
                        evaluators and observers, across 
                        multiple measurements and observations, 
                        and across studies by the same or 
                        different investigators;
                            [(iv) is evaluated using 
                        experimental or quasi-experimental 
                        designs in which individuals, entities, 
                        programs, or activities are assigned to 
                        different conditions and with 
                        appropriate controls to evaluate the 
                        effects of the condition of interest, 
                        with a preference for random-assignment 
                        experiments, or other designs to the 
                        extent that those designs contain 
                        within-condition or across-condition 
                        controls;
                            [(v) ensures that experimental 
                        studies are presented in sufficient 
                        detail and clarity to allow for 
                        replication or, at a minimum, offer the 
                        opportunity to build systematically on 
                        their findings; and
                            [(vi) has been accepted by a peer-
                        reviewed journal or approved by a panel 
                        of independent experts through a 
                        comparably rigorous, objective, and 
                        scientific review.]
            (38) Professional development.--The term 
        ``professional development'' means activities that--
                    (A) are coordinated and aligned to support 
                educators (including teachers, principals, 
                other school leaders, specialized instructional 
                support personnel, paraprofessionals, and, as 
                applicable, early childhood educators); and
                    (B) are designed and implemented to improve 
                student achievement and classroom practice, 
                which 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) give teachers, principals, 
                        other school leaders, and 
                        administrators the knowledge and skills 
                        to provide students with the 
                        opportunity to meet challenging State 
                        academic standards;
                            (v) improve classroom management 
                        skills;
                            (vi)(I) are high-quality, 
                        sustained, intensive, collaborative, 
                        job-embedded, data-driven, and 
                        classroom-focused in order to have a 
                        positive and lasting impact on 
                        classroom instruction and the teacher's 
                        performance in the classroom; and
                            (II) are not 1-day or short-term 
                        workshops or conferences;
                            (vii) support the recruiting, 
                        hiring, and training of effective 
                        teachers, including teachers who became 
                        certified through State and local 
                        alternative routes to certification;
                            (viii) 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;
                            (ix) are aligned with and directly 
                        related to--
                                    (I) challenging State 
                                academic standards and 
                                assessments under section 
                                1111(b);
                                    (II) the curricula and 
                                programs tied to the standards 
                                described in subclause (I); and
                                    (III) related academic 
                                goals of the school or local 
                                educational agency;
                            (x) are developed with extensive 
                        participation of teachers, principals, 
                        other school leaders, parents, and 
                        administrators of schools to be served 
                        under this Act;
                            (xi) 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;
                            (xii) to the extent appropriate, 
                        provide training for teachers, 
                        principals, and other school leaders in 
                        the use of technology 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;
                            (xiii) 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;
                            (xiv) 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;
                            (xv) include instruction in the use 
                        of data and assessments to inform and 
                        instruct classroom practice;
                            (xvi) 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;
                            (xvii) involve the forming of 
                        partnerships with institutions of 
                        higher education 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;
                            (xviii) 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;
                            (xix) 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
                            (xx) 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.
            (39) 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.
            [(38)](40) Secondary school.--
            [(39)](41)Secretary.--The term ``Secretary'' means 
        the Secretary of Education.
            [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.]
            [(42) Teacher mentoring.--The term ``teacher 
        mentoring'' means activities that--
                    [(A) consist of structured guidance and 
                regular and ongoing support for teachers, 
                especially beginning teachers, that--
                            [(i) are designed to help the 
                        teachers continue to improve their 
                        practice of teaching and to develop 
                        their instructional skills; and
                            [part of ongoing 
                        developmental induction process--
                                    [(I) involve the assistance 
                                of an exemplary teacher and 
                                other appropriate individuals 
                                from a school, local 
                                educational agency, or 
                                institution of higher 
                                education; and
                                    [(II) may include coaching, 
                                classroom observation, team 
                                teaching, and reduced teaching 
                                loads; and
                    [(B) may include the establishment of a 
                partnership by a local educational agency with 
                an institution of higher education, another 
                local educational agency, a teacher 
                organization, or another organization.]
            (42) Specialized instructional support personnel; 
        specialized instructional support services.--
                    (A) Specialized instructional support 
                personnel.--The term ``specialized 
                instructional support personnel'' means --
                            (i) school counselors, school 
                        social workers, and school 
                        psychologists; and
                            (ii) other qualified professional 
                        personnel, such as school nurses and 
                        speech language pathologists, 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) 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.
            (43) 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.
            [(41)](44) State educational agency.--The term 
        ``State educational agency'' means the agency primarily 
        responsible for the State supervision of public 
        elementary schools and secondary schools.
            [(43)](45) Technology.--The term ``technology'' 
        means state-of-the-art technology products and 
        services.
            (46) 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.

           *       *       *       *       *       *       *

SEC. 9103. APPLICABILITY TO [BUREAU OF INDIAN AFFAIRS]BUREAU OF INDIAN 
                    EDUCATION OPERATED SCHOOLS.

     For the purpose of any competitive program under this 
Act--
            (1) a consortium of schools operated by the [Bureau 
        of Indian Affairs]Bureau of Indian Education;
            (2) a school operated under a contract or grant 
        with the [Bureau of Indian Affairs]Bureau of Indian 
        Education in consortium with another contract or grant 
        school or a tribal or community organization; or
            (3) a [Bureau of Indian Affairs]Bureau of Indian 
        Education school in consortium with an institution of 
        higher education, a contract or grant school, or a 
        tribal or community organization,
shall be given the same consideration as a local educational 
agency.

           *       *       *       *       *       *       *

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

SEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY 
                    AND SECONDARY EDUCATION PROGRAMS.

    (a) Consolidation of Administrative Funds.--
            (1) In general.-- * * *

           *       *       *       *       *       *       *

SEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

    (a) General Authority.-- * * *
    (b) State Procedures.--[Within 1 year after the date of 
enactment of the No Child Left Behind Act of 2001, a State]A 
State educational agency shall, in collaboration with local 
educational agencies in the State, establish procedures for 
responding to requests from local educational agencies to 
consolidate administrative funds under subsection (a) and for 
establishing limitations on the amount of funds under those 
programs that may be used for administration on a consolidated 
basis.
    (c) Conditions.-- * * *

           *       *       *       *       *       *       *

 PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS 
                            AND APPLICATIONS

SEC. 9301. PURPOSES.

     The purposes of this part are--
            (1) * * *

           *       *       *       *       *       *       *

SEC. 9305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.

    (a) General Authority.--
            (1) Consolidated plan.-- * * *

           *       *       *       *       *       *       *

    (d) Necessary Materials.-- * * *
    (e) Rural Consolidated Plan.--
            (1) In general.--Two or more eligible local 
        educational agencies, a consortium of eligible local 
        education 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 VI.

                            PART D--WAIVERS

SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

    [(a) In General.--Except as provided in subsection (c), the 
Secretary may waive any statutory or regulatory requirement of 
this Act for a State educational agency, local educational 
agency, Indian tribe, or school through a local educational 
agency, that--
            [(1) receives funds under a program authorized by 
        this Act; and
            [(2) requests a waiver under subsection (b).]
    (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.
    (b) Request for Waiver.--
            (1) In general.--A State educational agency[, local 
        educational agency,], acting on its own behalf or on 
        behalf of a local educational agency in accordance with 
        subsection (a)(2), or Indian tribe that desires a 
        waiver shall submit a waiver request to the Secretary, 
        which shall include a plan that--
                    (A) * * *

           *       *       *       *       *       *       *

                    [(C) describes, for each school year, 
                specific, measurable educational goals, in 
                accordance with section 1111(b), for the State 
                educational agency and for each local 
                educational agency, Indian tribe, or school 
                that would be affected by the waiver and the 
                methods to be used to measure annually such 
                progress for meeting such goals and outcomes;
                    [(D) explains how the waiver will assist 
                the State educational agency and each affected 
                local educational agency, Indian tribe, or 
                school in reaching those goals; and]
                    (C) describes the methods the State 
                educational agency, local educational agency, 
                or Indian tribe will use to monitor and 
                regularly evaluate the effectiveness of the 
                implementation of the plan;
                    (D) includes only information directly 
                related to the waiver request on how the State 
                educational agency, local educational agency, 
                or Indian tribe will maintain and improve 
                transparency in reporting to parents and the 
                public on student achievement and school 
                performance, including the achievement of 
                students according to each category of students 
                described in section 1111(b)(2)(B)(xi); and
                    (E) * * *
            (2) Additional information.--Such requests--
                    (A) * * *
                    (B) shall be developed and submitted--
                            (i)(I) * * *
                            (II) by State educational agencies 
                        [(on behalf of, and based on the 
                        requests of, local educational 
                        agencies)]on behalf of those agencies 
                        or on behalf of, and based on the 
                        requests of, local educational agencies 
                        in the State) to the Secretary; or
                            (ii) * * *
            (3) General requirements.--
                    (A) State educational agencies.--In the 
                case of a waiver request submitted by a State 
                educational agency acting on its own behalf, or 
                on behalf of local educational agencies in the 
                State under subsection (a)(2), the State 
                educational agency shall--
                            (i) provide [all interested local 
                        educational agencies]any interested 
                        local educational agency in the State 
                        with notice and a reasonable 
                        opportunity to comment on the request, 
                        to the extent that the request impacts 
                        the local educational agency;
                            (ii) * * *
                    (B) Local educational agencies.--In the 
                case of a waiver request submitted by a local 
                educational agency that receives funds under 
                this Act--
                            (i) the request shall be [reviewed 
                        by the State educational 
                        agency]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
                            (ii) notice and information 
                        regarding the waiver request shall be 
                        provided to the public by the agency 
                        requesting the waiver in the manner in 
                        which that agency customarily provides 
                        similar notices and information to the 
                        public.
            (4) Waiver determination, demonstration, and 
        revision.--
                    (A) In general.--The Secretary shall issue 
                a written determination regarding the approval 
                or disapproval of a waiver request not more 
                than 90 days after the date on which such 
                request is submitted, unless the Secretary 
                determines and demonstrates that--
                            (i) the waiver request does not 
                        meet the requirements of this section; 
                        or
                            (ii) the waiver is not permitted 
                        under subsection (c).
                    (B) Waiver determination and revision.--If 
                the Secretary determines and demonstrates that 
                the waiver request does not meet the 
                requirements of this section, the Secretary 
                shall--
                            (i) immediately--
                                    (I) notify the State 
                                educational agency, local 
                                educational agency and State 
                                educational agency, or Indian 
                                tribe, as applicable, of such 
                                determination; and
                                    (II) provide detailed 
                                reasons for such determination 
                                in writing and in a public 
                                manner, such as posting to the 
                                Department's website in a clear 
                                and easily accessible manner;
                            (ii) offer the State educational 
                        agency, local educational agency 
                        (through the State 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 does not meet the 
                        requirements of this section, at the 
                        request of the State educational 
                        agency, local educational agency, or 
                        Indian tribe, conduct a public hearing 
                        not more than 30 days after the date of 
                        such resubmission.
                    (C) Waiver disapproval.--The Secretary may 
                disapprove a waiver request if--
                            (i) the State educational agency, 
                        local educational agency, or Indian 
                        tribe has been notified and offered an 
                        opportunity to revise and resubmit the 
                        waiver request, as described under 
                        clauses (i) and (ii) of subparagraph 
                        (B); and
                            (ii) the State educational agency, 
                        local educational agency (through the 
                        State educational agency), 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).
                    (D) External conditions.--The Secretary 
                shall not disapprove a waiver request under 
                this section based on conditions outside the 
                scope of the waiver request.
    (c) Restrictions.--The Secretary shall not waive under this 
section any statutory or regulatory requirements relating to--
            (1) * * *

           *       *       *       *       *       *       *

            (8) the requirement for a charter school under 
        [subpart 1 of part B of title V]part A of title V;

           *       *       *       *       *       *       *

            (10) the selection of a school attendance area or 
        school under [subsections (a) and (b) of section 
        1113]section 1113(a), except that the Secretary may 
        grant a waiver to allow a school attendance area or 
        school to participate in activities under part A of 
        title I if the percentage of children from low-income 
        families in the school attendance area or who attend 
        the school is not more than 10 percentage points below 
        the lowest percentage of those children for any school 
        attendance area or school of the local educational 
        agency that meets the requirements of [subsections (a) 
        and (b) of section 1113]section 1113(a).
    (d) Duration and Extension of Waiver; Limitations.--
            (1) In general.-- * * *
            (2) Extension.--The Secretary may extend the period 
        described in paragraph (1) if the Secretary determines 
        that--
                    (A) * * *

           *       *       *       *       *       *       *

            (3) Specific limitations.--The Secretary shall not 
        place any requirements on a State educational agency, 
        local educational agency, or Indian tribe as a 
        condition, criterion, or priority for the approval of a 
        waiver request, unless such requirements are--
                    (A) otherwise requirements under this Act; 
                and
                    (B) directly related to the waiver request.
    [(e) Reports.--
            [(1) Local waiver.--A local educational agency that 
        receives a waiver under this section shall, at the end 
        of the second year for which a waiver is received under 
        this section and each subsequent year, submit a report 
        to the State educational agency that--
                    [(A) describes the uses of the waiver by 
                the agency or by schools;
                    [(B) describes how schools continued to 
                provide assistance to the same populations 
                served by the programs for which waivers were 
                granted; and
                    [(C) evaluates the progress of the agency 
                and of schools in improving the quality of 
                instruction or the academic achievement of 
                students.
            [(2) State waiver.--A State educational agency that 
        receives reports required under paragraph (1) shall 
        annually submit a report to the Secretary that is based 
        on those reports and contains such information as the 
        Secretary may require.
            [(3) Indian tribe waiver.--An Indian tribe that 
        receives a waiver under this section shall annually 
        submit a report to the Secretary that--
                    [(A) describes the uses of the waiver by 
                schools operated by the tribe; and
                    [(B) evaluates the progress of those 
                schools in improving the quality of instruction 
                or the academic achievement of students.
            [(4) Report to congress.--Beginning in fiscal year 
        2002 and for each subsequent year, the Secretary shall 
        submit to the Committee on Education and the Workforce 
        of the House of Representatives and the Committee on 
        Health, Education, Labor, and Pensions of the Senate a 
        report--
                    [(A) summarizing the uses of waivers by 
                State educational agencies, local educational 
                agencies, Indian tribes, and schools; and
                    [(B) describing whether the waivers--
                            [(i) increased the quality of 
                        instruction to students; or
                            [(ii) improved the academic 
                        achievement of students.]
    (e) Reports.--A State educational agency, local educational 
agency, or Indian tribe receiving a waiver under this section 
shall describe, as part of, and pursuant to, the required 
annual reporting under section 1111(d)--
            (1) the progress of schools covered under the 
        provisions of such waiver toward improving the quality 
        of instruction to students and increasing student 
        academic achievement; and
            (2) how the use of the waiver has contributed to 
        such progress.
    (f) Termination of Waivers.--The Secretary shall terminate 
a waiver under this section [if the Secretary determines, after 
notice and an opportunity for a hearing, that the performance 
of the State or other recipient affected by the waiver has been 
inadequate to justify a continuation of the waiver or if the 
waiver is no longer necessary to achieve its original 
purposes.]if, after notice and an opportunity for a hearing, 
the Secretary--
                    (A) presents substantial evidence 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.

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

SEC. 9451. APPROVAL AND DISAPPROVAL OF STATE PLANS.

    (a) Deemed Approval.--A plan submitted by a State pursuant 
to section 2101(d), 4103(d), or 9302 shall be deemed to be 
approved by the Secretary unless--
            (1) the Secretary makes a written 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 2101(d) 
        or 4103(d) or part C, respectively; and
            (2) the Secretary presents substantial evidence 
        that clearly demonstrates that such State plan does not 
        meet the requirements of section 2101(d) or 4103(d) or 
        part C, respectively.
    (b) Disapproval Process.--
            (1) In general.--The Secretary shall not finally 
        disapprove a plan submitted under section 2101(d), 
        4103(d), or 9302, 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) or 4103(d) 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 substantial evidence to 
                clearly demonstrate that the State plan meets 
                the requirements of such section or part, as 
                applicable;
                    (D) provide technical assistance, upon 
                request of the State, in order to assist the 
                State to meet the requirements of such section 
                or part, as applicable;
                    (E) conduct a public hearing within 30 days 
                of the plan's resubmission under subparagraph 
                (C), with public notice provided not less than 
                15 days before such hearing, unless a State 
                declines the opportunity for such public 
                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) 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)(B), 
        the Secretary shall approve or disapprove such plan 
        prior to the later of--
                    (A) the expiration of the 45-day period 
                beginning on the date on which the plan is 
                resubmitted; or
                    (B) the expiration of the 90-day period 
                described in subsection (a).
            (4) Failure to respond.--If the State educational 
        agency does not respond 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, such plan shall be 
        deemed to be disapproved.
    (c) 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)(3).

SEC. 9452. APPROVAL AND DISAPPROVAL OF LOCAL EDUCATIONAL AGENCY 
                    APPLICATIONS.

    (a) Deemed Approval.--An application submitted by a local 
educational agency pursuant to section 2102(b), 4104(b), or 
9305 shall be deemed to be approved by the State educational 
agency unless--
            (1) the State educational agency makes a written 
        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; and
            (2) the State presents substantial evidence that 
        clearly demonstrates that such application does not 
        meet the requirements of section 2102(b) or 4104(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), 4104(b), or 9305 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), 4104(b), or 9305 is not in compliance, in 
        whole or in part, with section 2102(b) or 4104(b), or 
        part C, respectively, the State educational agency 
        shall--
                    (A) immediately notify the local 
                educational agency of such determination;
                    (B) provide a detailed description of the 
                specific provisions of the application that the 
                State determines fail to meet the requirements, 
                in whole or in part, of such section or part, 
                as applicable;
                    (C) offer the local educational agency an 
                opportunity to revise and resubmit its 
                application within 45 days of such 
                determination, including the chance for the 
                local educational agency to present substantial 
                evidence 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 public hearing within 30 days 
                of the application's resubmission under 
                subparagraph (C), with public notice provided 
                not less than 15 days before such hearing, 
                unless a local educational agency declines the 
                opportunity for such public 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)(B) 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 or disapprove such application prior to the 
        later of--
                    (A) the expiration of the 45-day period 
                beginning on the date on which the application 
                is resubmitted; or
                    (B) the expiration of the 90-day period 
                described in subsection (a).
            (4) Failure to respond.--If the local educational 
        agency does not respond to the State educational 
        agency's notification described in paragraph (2)(B) 
        during the 45-day period beginning on the date on which 
        the local educational agency received the notification, 
        such application shall be deemed to be disapproved.

           *       *       *       *       *       *       *

                     PART [E]F--UNIFORM PROVISIONS

                       Subpart 1--Private Schools

SEC. 9501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.

    (a) Private School Participation.--
            (1) In general.-- * * *

           *       *       *       *       *       *       *

    (b) Applicability.--
            (1) In general.--This section applies to programs 
        under--
                    [(A) subparts 1 and 3 of part B of title I;
                    [(B) part C of title I;
                    [(C) part A of title II, to the extent 
                provided in paragraph (3);
                    [(D) part B of title II;
                    [(E) part D of title II;
                    [(F) part A of title III;
                    [(G) part A of title IV; and
                    [(H) part B of title IV.]
                    (A) part C of title I;
                    (B) part A of title II;
                    (C) part A of title III; and
                    (D) title IV.
            (2) Definition.-- * * *
            [(3) Application.--(A) Except as provided in 
        subparagraph (B), this subpart, including subsection 
        (a)(4), applies to funds awarded to a local educational 
        agency under part A of title II only to the extent that 
        the local educational agency uses funds under that part 
        to provide professional development to teachers and 
        others.]
            (B) * * *
    (c) Consultation.-- * * *
            (1) In general.--To ensure timely and meaningful 
        consultation, a State educational agency, local 
        educational agency, educational service agency, 
        consortium of those agencies, or entity shall consult 
        with appropriate private school officials during the 
        design and development of the programs under this Act, 
        on issues such as--
                    (A) * * *

           *       *       *       *       *       *       *

                    (E) the size and scope of the equitable 
                services to be provided to the eligible private 
                school children, teachers, and other 
                educational personnel [and the amount], the 
                amount of funds available for those [services; 
                and]services, and how that amount is 
                determined;
                    (F) how and when the agency, consortium, or 
                entity will make decisions about the delivery 
                of services, including a thorough consideration 
                and analysis of the views of the private school 
                officials on the provision of contract services 
                through potential third-party providers[.]; and
                    (G) whether the agency, consortium, or 
                entity shall provide services directly or 
                assign responsibility for the provision of 
                services to a separate government agency, 
                consortium, or entity, or to a third-party 
                contractor.

           *       *       *       *       *       *       *

                      Subpart 2--Other Provisions

SEC. 9521. MAINTENANCE OF EFFORT.

    (a) In General.--A local educational agency may receive 
funds under a covered program for any fiscal year only if the 
State educational agency finds that either the combined fiscal 
effort per student or the aggregate expenditures of the agency 
and the State with respect to the provision of free public 
education by the agency for the preceding fiscal year was not 
less than 90 percent of the combined fiscal effort or aggregate 
expenditures for the second preceding fiscal year, subject to 
the requirements of subsection (b).
    (b) Reduction in Case of Failure To Meet.--
            (1) In general.--The State educational agency shall 
        reduce the amount of the allocation of funds under a 
        covered program in any fiscal year in the exact 
        proportion by which a local educational agency fails to 
        meet the requirement of subsection (a) of this section 
        by falling below 90 percent of both the combined fiscal 
        effort per student and aggregate expenditures (using 
        the measure most favorable to the local agency), if 
        such local educational agency has also failed to meet 
        such requirement (as determined using the measure most 
        favorable to the local agency) for 1 or more of the 5 
        immediately preceding fiscal years.

           *       *       *       *       *       *       *

    (c) Waiver.--The Secretary may waive the requirements of 
this section if the Secretary determines that a waiver would be 
equitable due to--
            (1) exceptional or uncontrollable circumstances, 
        such as a natural disaster or a change in the 
        organizational structure of the local educational 
        agency; or
            (2) a precipitous decline in the financial 
        resources of the local educational agency.

           *       *       *       *       *       *       *

SEC. 9524. SCHOOL PRAYER.

    (a) Guidance.--The Secretary shall provide and revise 
guidance, not later than September 1, 2002, and of every second 
year thereafter, to State educational agencies, local 
educational agencies, and the public on constitutionally 
protected prayer in public elementary schools and secondary 
schools, including making the guidance available [on the 
Internet]by electronic means, including by posting the guidance 
on the Department's website in a clear and easily accessible 
manner. The guidance shall be reviewed, prior to distribution, 
by the Office of Legal Counsel of the Department of Justice for 
verification that the guidance represents the current state of 
the law concerning constitutionally protected prayer in public 
elementary schools and secondary schools.

           *       *       *       *       *       *       *

[SEC. 9527. 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 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 prohibition of Federal law, no funds 
provided to the Department under this Act may be used by the 
Department to endorse, approve, or sanction any curriculum 
designed to be used in an elementary school or secondary 
school.
    [(c) 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 content or student academic achievement 
        standards approved or certified by the Federal 
        Government, in order to receive assistance under this 
        Act.
            [(2) Rule of construction.--Nothing in this 
        subsection shall be construed to affect requirements 
        under title I or part A of title VI.
    [(d) Rule of Construction on Building Standards.--Nothing 
in this Act shall be construed to mandate national school 
building standards for a State, local educational agency, or 
school.]

SEC. 9527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.

    (a) General Prohibition.--
            (1) In general.--Nothing in this Act shall be 
        construed to authorize an officer or employee of the 
        Federal Government, through grants, contracts, or other 
        cooperative agreements (including as a condition of any 
        waiver provided under section 9401) to--
                    (A) mandate, direct, or control a State, 
                local educational agency, or school's 
                curriculum, program of instruction, 
                instructional content, specific academic 
                standards or assessments, 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) incentivize a State, local educational 
                agency, or school to adopt any specific 
                instructional content, academic standards, 
                academic assessments, curriculum, or program of 
                instruction, including by providing any 
                priority, preference, or special consideration 
                during the application process for any grant, 
                contract, or cooperative agreement that is 
                based on the adoption of any specific 
                instructional content, academic standards, 
                academic assessments, curriculum, or program of 
                instruction; or
                    (C) make financial support available in a 
                manner that is conditioned upon a State, local 
                educational agency, or school's adoption of any 
                specific instructional content, academic 
                standards, academic assessments, curriculum, or 
                program of instruction (such as the Common Core 
                State Standards developed under the Common Core 
                State Standards Initiative, any other standards 
                common to a significant number of States, or 
                any specific assessment, instructional content, 
                or curriculum aligned to such standards).
    (b) Prohibition on Endorsement of Curriculum.--
Notwithstanding any other prohibition of Federal law, no funds 
provided to the Department under this Act may be used by the 
Department directly or indirectly, including through any grant, 
contract, cooperative agreement, or waiver provided by the 
Secretary under section 9401, to endorse, approve, or sanction 
any curriculum (including the alignment of such curriculum to 
any specific academic standard) designed to be used in an early 
childhood education program, elementary school, secondary 
school, or institution of higher education.
    (c) 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 content or academic achievement standards 
        approved or certified by the Federal Government, in 
        order to receive assistance under this Act.
            (2) Rules of construction.--
                    (A) Applicability.--Nothing in this 
                subsection shall be construed to affect 
                requirements under title I.
                    (B) State or local authority.--Nothing in 
                this section 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. 9528. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT 
                    RECRUITING INFORMATION.

    (a) Policy.--
            (1) Access to student recruiting information.-- * * 
        *

           *       *       *       *       *       *       *

    [(d) Special Rule.--A local educational agency prohibited 
by Connecticut State law (either explicitly by statute or 
through statutory interpretation by the State Supreme Court or 
State Attorney General) from providing military recruiters with 
information or access as required by this section shall have 
until May 31, 2002, to comply with that requirement.]

           *       *       *       *       *       *       *

[SEC. 9529. 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, 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.
    [(b) Exceptions.--Subsection (a) shall not apply to 
international comparative assessments developed under the 
authority of section 153(a)(5) of the Education Sciences Reform 
Act of 2002 and administered to only a representative sample of 
pupils in the United States and in foreign nations.]

SEC. 9529. 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)(5) of the Education Sciences Reform 
Act of 2002 and administered to only a representative sample of 
pupils in the United States and in foreign nations.
    (c) Rule of Construction.--Nothing in this section 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 or 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.

SEC. 9530. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR 
                    TEACHERS.

    (a) Mandatory National Testing or Certification of 
Teachers.--Notwithstanding any other provision of this Act or 
any other provision of law, no funds available to the 
Department or otherwise available under this Act may be used 
for any purpose relating to a mandatory nationwide test or 
certification of teachers, principals, or education 
paraprofessionals, including any planning, development, 
implementation, or administration of, or incentive regarding, 
such test or certification.

           *       *       *       *       *       *       *

SEC. 9536. [20 U.S.C. 7916] SEVERABILITY.

    If any provision of this Act is held invalid, the remainder 
of this Act shall be unaffected thereby.

SEC. [4155]9537. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

    (a) Nonapplication of Provisions.--This section shall not 
apply to any disciplinary records with respect to a suspension 
or expulsion that are transferred from a private, parochial or 
other nonpublic school, person, institution, or other entity, 
that provides education below the college level.
    (b) Disciplinary Records.--In accordance with the Family 
Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), 
not later than 2 years after the date of enactment of this 
part, each State receiving Federal funds under this Act shall 
provide an assurance to the Secretary that the State has a 
procedure in place to facilitate the transfer of disciplinary 
records, with respect to a suspension or expulsion, by local 
educational agencies to any private or public elementary school 
or secondary school for any student who is enrolled or seeks, 
intends, or is instructed to enroll, on a full- or part-time 
basis, in the school.

           *       *       *       *       *       *       *

SEC. 9538. 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 during the design and 
development of the affected local educational agency's programs 
under this Act, with the overarching goal of meeting the unique 
cultural, language, and educational needs of American Indian 
and Alaska Native students.
    (b) Timing.--The consultation described in subsection (a) 
shall include meetings of officials from the affected local 
educational agency and the tribes or tribal organizations 
approved by the tribes and shall occur before the affected 
local educational agency makes any decision regarding how the 
needs of American Indian and Alaska Native children will be met 
in covered programs or in services or activities provided under 
title VII.
    (c) 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 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.
    (d) 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) with an enrollment of not less than 50 American 
        Indian or Alaska Native students.

SEC. 9539. 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.

           *       *       *       *       *       *       *

               Subpart [5]3--Teacher Liability Protection

SEC. [2361]9541. SHORT TITLE.

    This subpart may be cited as the ``Paul D. Coverdell 
Teacher Protection Act of 2001''.

           *       *       *       *       *       *       *

SEC. [2362]9542. PURPOSE.

    The purpose of this subpart is to provide teachers, 
principals, and other school professionals the tools they need 
to undertake reasonable actions to maintain order, discipline, 
and an appropriate educational environment.

           *       *       *       *       *       *       *

SEC. [2363]9543. DEFINITIONS.

     For purposes of this subpart:
            (1) Economic loss.--The term ``economic loss'' 
        means any pecuniary loss resulting from harm (including 
        the loss of earnings or other benefits related to 
        employment, medical expense loss, replacement services 
        loss, loss due to death, burial costs, and loss of 
        business or employment opportunities) to the extent 
        recovery for such loss is allowed under applicable 
        State law.
            (2) Harm.--The term ``harm'' includes physical, 
        nonphysical, economic, and noneconomic losses.
            (3) Noneconomic loss.--The term ``noneconomic 
        loss'' means loss for physical or emotional pain, 
        suffering, inconvenience, physical impairment, mental 
        anguish, disfigurement, loss of enjoyment of life, loss 
        of society or companionship, loss of consortium (other 
        than loss of domestic service), hedonic damages, injury 
        to reputation, or any other nonpecuniary loss of any 
        kind or nature.
            (4) School.--The term ``school'' means a public or 
        private kindergarten, a public or private elementary 
        school or secondary school, or a home school.
            (5) State.--The term ``State'' means each of the 
        several States of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the United 
        States Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, any other 
        territory or possession of the United States, or any 
        political subdivision of any such State, territory, or 
        possession.
            (6) Teacher.--The term ``teacher'' means--
                    (A) a teacher, instructor, principal, or 
                administrator;
                    (B) another educational professional who 
                works in a school;
                    (C) a professional or nonprofessional 
                employee who--
                            (i) works in a school; and
                            (ii)(I) in the employee's job, 
                        maintains discipline or ensures safety; 
                        or
                            (II) in an emergency, is called on 
                        to maintain discipline or ensure 
                        safety; or
                    (D) an individual member of a school board 
                (as distinct from the board).

           *       *       *       *       *       *       *

SEC. [2364]9544. APPLICABILITY

    This subpart shall only apply to States that receive funds 
under this Act, and shall apply to such a State as a condition 
of receiving such funds.

           *       *       *       *       *       *       *

SEC. [2365]9545. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.

    (a) Preemption.--This subpart preempts the laws of any 
State to the extent that such laws are inconsistent with this 
subpart, except that this subpart shall not preempt any State 
law that provides additional protection from liability relating 
to teachers.
    (b) Election of State Regarding Nonapplicability.--This 
subpart shall not apply to any civil action in a State court 
against a teacher with respect to claims arising within that 
State if such State enacts a statute in accordance with State 
requirements for enacting legislation--
            (1) citing the authority of this subsection;
            (2) declaring the election of such State that this 
        subpart shall not apply, as of a date certain, to such 
        civil action in the State; and
            (3) containing no other provisions.

           *       *       *       *       *       *       *

SEC. [2366]9546. LIMITATION ON LIABILITY FOR TEACHERS.

    (a) Liability Protection for Teachers.-- Except as provided 
in subsection (b), no teacher in a school shall be liable for 
harm caused by an act or omission of the teacher on behalf of 
the school if--
            (1) the teacher was acting within the scope of the 
        teacher's employment or responsibilities to a school or 
        governmental entity;
            (2) the actions of the teacher were carried out in 
        conformity with Federal, State, and local laws 
        (including rules and regulations) in furtherance of 
        efforts to control, discipline, expel, or suspend a 
        student or maintain order or control in the classroom 
        or school;
            (3) if appropriate or required, the teacher was 
        properly licensed, certified, or authorized by the 
        appropriate authorities for the activities or practice 
        involved in the State in which the harm occurred, where 
        the activities were or practice was undertaken within 
        the scope of the teacher's responsibilities;
            (4) the harm was not caused by willful or criminal 
        misconduct, gross negligence, reckless misconduct, or a 
        conscious, flagrant indifference to the rights or 
        safety of the individual harmed by the teacher; and
            (5) the harm was not caused by the teacher 
        operating a motor vehicle, vessel, aircraft, or other 
        vehicle for which the State requires the operator or 
        the owner of the vehicle, craft, or vessel to--
                    (A) possess an operator's license; or
                    (B) maintain insurance.
    (b) Exceptions to Teacher Liability Protection.--If the 
laws of a State limit teacher liability subject to one or more 
of the following conditions, such conditions shall not be 
construed as inconsistent with this section:
            (1) A State law that requires a school or 
        governmental entity to adhere to risk management 
        procedures, including mandatory training of teachers.
            (2) A State law that makes the school or 
        governmental entity liable for the acts or omissions of 
        its teachers to the same extent as an employer is 
        liable for the acts or omissions of its employees.
            [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.]
            (3) A State law that makes a limitation of 
        liability inapplicable if the civil action was brought 
        by an officer of a State or local government pursuant 
        to State or local law.
    (c) Limitation on Punitive Damages Based on the Actions of 
Teachers.--
            (1) General rule.--Punitive damages may not be 
        awarded against a teacher in an action brought for harm 
        based on the act or omission of a teacher acting within 
        the scope of the teacher's employment or 
        responsibilities to a school or governmental entity 
        unless the claimant establishes by clear and convincing 
        evidence that the harm was proximately caused by an act 
        or omission of such teacher that constitutes willful or 
        criminal misconduct, or a conscious, flagrant 
        indifference to the rights or safety of the individual 
        harmed.
            (2) Construction.--Paragraph (1) does not create a 
        cause of action for punitive damages and does not 
        preempt or supersede any Federal or State law to the 
        extent that such law would further limit the award of 
        punitive damages.
    (d) Exceptions to Limitations on Liability.--
            (1) In general.--The limitations on the liability 
        of a teacher under this subpart shall not apply to any 
        misconduct that--
                    (A) constitutes a crime of violence (as 
                that term is defined in section 16 of title 18, 
                United States Code) or act of international 
                terrorism (as that term is defined in section 
                2331 of title 18, United States Code) for which 
                the defendant has been convicted in any court;
                    (B) involves a sexual offense, as defined 
                by applicable State law, for which the 
                defendant has been convicted in any court;
                    (C) involves misconduct for which the 
                defendant has been found to have violated a 
                Federal or State civil rights law; or
                    (D) where the defendant was under the 
                influence (as determined pursuant to applicable 
                State law) of intoxicating alcohol or any drug 
                at the time of the misconduct.
            (2) Hiring.--The limitations on the liability of a 
        teacher under this subpart shall not apply to 
        misconduct during background investigations, or during 
        other actions, involved in the hiring of a teacher.
    (e) Rules of Construction.--
            (1) Concerning responsibility of teachers to 
        schools and governmental entities.--Nothing in this 
        section shall be construed to affect any civil action 
        brought by any school or any governmental entity 
        against any teacher of such school.
            (2) Concerning corporal punishment.--Nothing in 
        this subpart shall be construed to affect any State or 
        local law (including a rule or regulation) or policy 
        pertaining to the use of corporal punishment.

           *       *       *       *       *       *       *

SEC. [2367]9547. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC LOSS.

    (a) General Rule.-- In any civil action against a teacher, 
based on an act or omission of a teacher acting within the 
scope of the teacher's employment or responsibilities to a 
school or governmental entity, the liability of the teacher for 
noneconomic loss shall be determined in accordance with 
subsection (b).
    (b) Amount of Liability.--
            (1) In general.--
                    (A) Liability.--Each defendant who is a 
                teacher shall be liable only for the amount of 
                noneconomic loss allocated to that defendant in 
                direct proportion to the percentage of 
                responsibility of that defendant (determined in 
                accordance with paragraph (2)) for the harm to 
                the claimant with respect to which that 
                defendant is liable.
                    (B) Separate judgment.--The court shall 
                render a separate judgment against each 
                defendant in an amount determined pursuant to 
                subparagraph (A).
            (2) Percentage of responsibility.--For purposes of 
        determining the amount of noneconomic loss allocated to 
        a defendant who is a teacher under this section, the 
        trier of fact shall determine the percentage of 
        responsibility of each person responsible for the 
        claimant's harm, whether or not such person is a party 
        to the action.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to preempt or supersede any Federal or State law that 
further limits the application of joint liability in a civil 
action described in subsection (a), beyond the limitations 
established in this section.

SEC. [2368]9548. EFFECTIVE DATE.

    (a) In General.-- This subpart shall take effect 90 days 
after the date of enactment of the No Child Left Behind Act of 
2001.
    (b) Application.--This subpart applies to any claim for 
harm caused by an act or omission of a teacher if that claim is 
filed on or after the effective date of the No Child Left 
Behind Act of 2001 without regard to whether the harm that is 
the subject of the claim or the conduct that caused the harm 
occurred before such effective date.

           *       *       *       *       *       *       *

      [Subpart 4--Limitation on Availability of Certain Funds for 
                   Schools]Subpart 4--Internet Safety

SEC. [2441]9551. INTERNET SAFETY.

    (a) In General.--No funds made available under this part to 
a local educational agency for an elementary school or 
secondary school that does not receive services at discount 
rates under section 254(h)(5) of the Communications Act of 1934 
(47 U.S.C. 254(h)(5)) may be used to purchase computers used to 
access the Internet, or to pay for direct costs associated with 
accessing the Internet, for such school unless the school, 
school board, local educational agency, or other authority with 
responsibility for administration of such school both--
            (1)(A) has in place a policy of Internet safety for 
        minors that includes the operation of a technology 
        protection measure with respect to any of its computers 
        with Internet access that protects against access 
        through such computers to visual depictions that are--
                    (i) obscene;
                    (ii) child pornography; or
                    (iii) harmful to minors; and
            (B) is enforcing the operation of such technology 
        protection measure during any use of such computers by 
        minors; and
            (2)(A) has in place a policy of Internet safety 
        that includes the operation of a technology protection 
        measure with respect to any of its computers with 
        Internet access that protects against access through 
        such computers to visual depictions that are--
                    (i) obscene; or
                    (ii) child pornography; and
            (B) is enforcing the operation of such technology 
        protection measure during any use of such computers.
    (b) Timing and Applicability of Implementation.--
            (1) In general.--The local educational agency with 
        responsibility for a school covered by subsection (a) 
        shall certify the compliance of such school with the 
        requirements of subsection (a) as part of the 
        application process for the next program funding year 
        under this Act following December 21, 2000, and for 
        each subsequent program funding year thereafter.
            (2) Process.--
                    (A) Schools with internet safety policies 
                and technology protection measures in place.--A 
                local educational agency with responsibility 
                for a school covered by subsection (a) that has 
                in place an Internet safety policy meeting the 
                requirements of subsection (a) shall certify 
                its compliance with subsection (a) during each 
                annual program application cycle under this 
                Act.
                    (B) Schools without internet safety 
                policies and technology protection measures in 
                place.--
                            (i) Certification.--A local 
                        educational agency with responsibility 
                        for a school covered by subsection (a) 
                        that does not have in place an Internet 
                        safety policy meeting the requirements 
                        of subsection (a)--
                                    (I) for the first program 
                                year after December 21, 2000, 
                                in which the local educational 
                                agency is applying for funds 
                                for such school under this Act, 
                                shall certify that it is 
                                undertaking such actions, 
                                including any necessary 
                                procurement procedures, to put 
                                in place an Internet safety 
                                policy that meets such 
                                requirements; and
                                    (II) for the second program 
                                year after December 21, 2000, 
                                in which the local educational 
                                agency is applying for funds 
                                for such school under this Act, 
                                shall certify that such school 
                                is in compliance with such 
                                requirements.
                            (ii) Ineligibility.--Any school 
                        covered by subsection (a) for which the 
                        local educational agency concerned is 
                        unable to certify compliance with such 
                        requirements in such second program 
                        year shall be ineligible for all 
                        funding under this part for such second 
                        program year and all subsequent program 
                        years until such time as such school 
                        comes into compliance with such 
                        requirements.
                    (C) Waivers.--Any school subject to a 
                certification under subparagraph (B)(i)(II) for 
                which the local educational agency concerned 
                cannot make the certification otherwise 
                required by that subparagraph may seek a waiver 
                of that subparagraph if State or local 
                procurement rules or regulations or competitive 
                bidding requirements prevent the making of the 
                certification otherwise required by that 
                subparagraph. The local educational agency 
                concerned shall notify the Secretary of the 
                applicability of that subparagraph to the 
                school. Such notice shall certify that the 
                school will be brought into compliance with the 
                requirements in subsection (a) before the start 
                of the third program year after December 21, 
                2000, in which the school is applying for funds 
                under this part.
    (c) Disabling During Certain Use.--An administrator, 
supervisor, or person authorized by the responsible authority 
under subsection (a) may disable the technology protection 
measure concerned to enable access for bona fide research or 
other lawful purposes.
    (d) Noncompliance.--
            (1) Use of general education provisions act 
        remedies.--Whenever the Secretary has reason to believe 
        that any recipient of funds under this part is failing 
        to comply substantially with the requirements of this 
        section, the Secretary may--
                    (A) withhold further payments to the 
                recipient under this part;
                    (B) issue a complaint to compel compliance 
                of the recipient through a cease and desist 
                order; or
                    (C) enter into a compliance agreement with 
                a recipient to bring it into compliance with 
                such requirements,
        in same manner as the Secretary is authorized to take 
        such actions under sections 455, 456, and 457, 
        respectively, of the General Education Provisions Act.
            (2) Recovery of funds prohibited.--The actions 
        authorized by paragraph (1) are the exclusive remedies 
        available with respect to the failure of a school to 
        comply substantially with a provision of this section, 
        and the Secretary shall not seek a recovery of funds 
        from the recipient for such failure.
            (3) Recommencement of payments.--Whenever the 
        Secretary determines (whether by certification or other 
        appropriate evidence) that a recipient of funds who is 
        subject to the withholding of payments under paragraph 
        (1)(A) has cured the failure providing the basis for 
        the withholding of payments, the Secretary shall cease 
        the withholding of payments to the recipient under that 
        paragraph.
    (e) Definitions.--In this subpart:
            (1) Computer.--The term ``computer'' includes any 
        hardware, software, or other technology attached or 
        connected to, installed in, or otherwise used in 
        connection with a computer.
            (2) Access to internet.--A computer shall be 
        considered to have access to the Internet if such 
        computer is equipped with a modem or is connected to a 
        computer network that has access to the Internet.
            (3) Acquisition or operation.--An elementary school 
        or secondary school shall be considered to have 
        received funds under this part for the acquisition or 
        operation of any computer if such funds are used in any 
        manner, directly or indirectly--
                    (A) to purchase, lease, or otherwise 
                acquire or obtain the use of such computer; or
                    (B) to obtain services, supplies, software, 
                or other actions or materials to support, or in 
                connection with, the operation of such 
                computer.
            (4) Minor.--The term ``minor'' means an individual 
        who has not attained the age of 17.
            (5) Child pornography.--The term ``child 
        pornography'' has the meaning given that term in 
        section 2256 of title 18, United States Code.
            (6) Harmful to minors.--The term ``harmful to 
        minors'' means any picture, image, graphic image file, 
        or other visual depiction that--
                    (A) taken as a whole and with respect to 
                minors, appeals to a prurient interest in 
                nudity, sex, or excretion;
                    (B) depicts, describes, or represents, in a 
                patently offensive way with respect to what is 
                suitable for minors, an actual or simulated 
                sexual act or sexual contact, actual or 
                simulated normal or perverted sexual acts, or a 
                lewd exhibition of the genitals; and
                    (C) taken as a whole, lacks serious 
                literary, artistic, political, or scientific 
                value as to minors.
            (7) Obscene.--The term ``obscene'' has the meaning 
        applicable to that term under section 1460 of title 18, 
        United States Code.
            (8) Sexual act and sexual contact.--The terms 
        ``sexual act'' and ``sexual contact'' have the meanings 
        given those terms in section 2246 of title 18, United 
        States Code.
    (f) Severability.--If any provision of this section is held 
invalid, the remainder of this section shall not be affected 
thereby.

           *       *       *       *       *       *       *

                      Subpart [3]5--Gun Possession

SEC. [4141]9561. GUN-FREE REQUIREMENTS.

    (a) Short Title.--This subpart may be cited as the ``Gun-
Free Schools Act''.
    (b) Requirements.--
            (1) In general.--Each State receiving Federal funds 
        under any title of this Act shall have in effect a 
        State law requiring local educational agencies to expel 
        from school for a period of not less than 1 year a 
        student who is determined to have brought a firearm to 
        a school, or to have possessed a firearm at a school, 
        under the jurisdiction of local educational agencies in 
        that State, except that such State law shall allow the 
        chief administering officer of a local educational 
        agency to modify such expulsion requirement for a 
        student on a case-by-case basis if such modification is 
        in writing.
            (2) Construction.--Nothing in this subpart shall be 
        construed to prevent a State from allowing a local 
        educational agency that has expelled a student from 
        such a student's regular school setting from providing 
        educational services to such student in an alternative 
        setting.
            (3) Definition.--For the purpose of this section, 
        the term ``firearm'' has the same meaning given such 
        term in section 921(a) of title 18, United States Code.
    (c) Special Rule.--The provisions of this section shall be 
construed in a manner consistent with the Individuals with 
Disabilities Education Act.
    (d) Report to State.--Each local educational agency 
requesting assistance from the State educational agency that is 
to be provided from funds made available to the State under any 
title of this Act shall provide to the State, in the 
application requesting such assistance--
            (1) an assurance that such local educational agency 
        is in compliance with the State law required by 
        subsection (b); and
            (2) a description of the circumstances surrounding 
        any expulsions imposed under the State law required by 
        subsection (b), including--
                    (A) the name of the school concerned;
                    (B) the number of students expelled from 
                such school; and
                    (C) the type of firearms concerned.
    (e) Reporting.--Each State shall report the information 
described in subsection (d) to the Secretary on an annual 
basis.
    (f) Definition.--For the purpose of subsection (d), the 
term ``school'' means any setting that is under the control and 
supervision of the local educational agency for the purpose of 
student activities approved and authorized by the local 
educational agency.
    (g) Exception.--Nothing in this section shall apply to a 
firearm that is lawfully stored inside a locked vehicle on 
school property, or if it is for activities approved and 
authorized by the local educational agency and the local 
educational agency adopts appropriate safeguards to ensure 
student safety.
    (h) Policy Regarding Criminal Justice System Referral.--
            (1) In general.--No funds shall be made available 
        under any title of this Act to any local educational 
        agency unless such agency has a policy requiring 
        referral to the criminal justice or juvenile 
        delinquency system of any student who brings a firearm 
        or weapon to a school served by such agency.
            (2) Definition.--For the purpose of this 
        subsection, the term ``school'' has the same meaning 
        given to such term by section 921(a) of title 18, 
        United States Code.

           *       *       *       *       *       *       *

                 [PART C--ENVIRONMENTAL TOBACCO SMOKE]

                 Subpart 6--Environmental Tobacco Smoke

SEC. [4301]9571. SHORT TITLE.

    This part may be cited as the ``Pro-Children Act of 2001''.

           *       *       *       *       *       *       *

SEC. [4302]9572. DEFINITIONS.

     As used in this part:
            (1) Children.--The term ``children'' means 
        individuals who have not attained the age of 18.
            (2) Children's services.--The term ``children's 
        services'' means the provision on a routine or regular 
        basis of health, day care, education, or library 
        services--
                    (A) that are funded, after the date of 
                enactment of the No Child Left Behind Act of 
                2001, directly by the Federal Government or 
                through State or local governments, by Federal 
                grant, loan, loan guarantee, or contract 
                programs--
                            (i) administered by either the 
                        Secretary of Health and Human Services 
                        or the Secretary of Education (other 
                        than services provided and funded 
                        solely under titles XVIII and XIX of 
                        the Social Security Act); or
                            (ii) administered by the Secretary 
                        of Agriculture in the case of a clinic 
                        (as defined in part 246.2 of title 7, 
                        Code of Federal Regulations (or any 
                        corresponding similar regulation or 
                        ruling)) under section 17(b)(6) of the 
                        Child Nutrition Act of 1966; or
                    (B) that are provided in indoor facilities 
                that are constructed, operated, or maintained 
                with such Federal funds, as determined by the 
                appropriate head of a Federal agency in any 
                enforcement action carried out under this part,
        except that nothing in clause (ii) of subparagraph (A) 
        is intended to include facilities (other than clinics) 
        where coupons are redeemed under the Child Nutrition 
        Act of 1966.
            (3) Indoor facility.--The term ``indoor facility'' 
        means a building that is enclosed.
            (4) Person.--The term ``person'' means any State or 
        local subdivision of a State, agency of such State or 
        subdivision, corporation, or partnership that owns or 
        operates or otherwise controls and provides children's 
        services or any individual who owns or operates or 
        otherwise controls and provides such services.
            (5) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.

           *       *       *       *       *       *       *

SEC. [4303]9573. NONSMOKING POLICY FOR CHILDREN'S SERVICES.

    (a) Prohibition.--After the date of enactment of the No 
Child Left Behind Act of 2001, no person shall permit smoking 
within any indoor facility owned or leased or contracted for, 
and utilized, by such person for provision of routine or 
regular kindergarten, elementary, or secondary education or 
library services to children.
    (b) Additional Prohibition.--
            (1) In general.--After the date of enactment of the 
        No Child Left Behind Act of 2001, no person shall 
        permit smoking within any indoor facility (or portion 
        of such a facility) owned or leased or contracted for, 
        and utilized by, such person for the provision of 
        regular or routine health care or day care or [early 
        childhood development (Head Start) services]early 
        childhood education programs.
            (2) Exception.--Paragraph (1) shall not apply to--
                    (A) any portion of such facility that is 
                used for inpatient hospital treatment of 
                individuals dependent on, or addicted to, drugs 
                or alcohol; and
                    (B) any private residence.
    (c) Federal Agencies.--
            (1) Kindergarten, elementary, or secondary 
        education or library services.--After the date of 
        enactment of the No Child Left Behind Act of 2001, no 
        Federal agency shall permit smoking within any indoor 
        facility in the United States operated by such agency, 
        directly or by contract, to provide routine or regular 
        kindergarten, elementary, or secondary education or 
        library services to children.
            (2) Health or day care or early childhood 
        [development services]education programs.--
                    (A) In general.--After the date of 
                enactment of the No Child Left Behind Act of 
                2001, no Federal agency shall permit smoking 
                within any indoor facility (or portion of such 
                facility) operated by such agency, directly or 
                by contract, to provide routine or regular 
                health or day care or early childhood 
                [development (Head Start) services]education 
                programs to children.
                    (B) Exception.--Subparagraph (A) shall not 
                apply to--
                            (i) any portion of such facility 
                        that is used for inpatient hospital 
                        treatment of individuals dependent on, 
                        or addicted to, drugs or alcohol; and
                            (ii) any private residence.
            (3) Application of provisions.--The provisions of 
        paragraph (2) shall also apply to the provision of such 
        routine or regular kindergarten, elementary or 
        secondary education or library services in the 
        facilities described in paragraph (2) not subject to 
        paragraph (1).
    (d) Notice.--The prohibitions in subsections (a) through 
(c) shall be published in a notice in the Federal Register by 
the Secretary (in consultation with the heads of other affected 
agencies) and by such agency heads in funding arrangements 
involving the provision of children's services administered by 
such heads. Such prohibitions shall be effective 90 days after 
such notice is published, or 270 days after the date of 
enactment of the No Child Left Behind Act of 2001, whichever 
occurs first.
    (e) Civil Penalties.--
            (1) In general.--Any failure to comply with a 
        prohibition in this section shall be considered to be a 
        violation of this section and any person subject to 
        such prohibition who commits such violation may be 
        liable to the United States for a civil penalty in an 
        amount not to exceed $1,000 for each violation, or may 
        be subject to an administrative compliance order, or 
        both, as determined by the Secretary. Each day a 
        violation continues shall constitute a separate 
        violation. In the case of any civil penalty assessed 
        under this section, the total amount shall not exceed 
        50 percent of the amount of Federal funds received 
        under any title of this Act by such person for the 
        fiscal year in which the continuing violation occurred. 
        For the purpose of the prohibition in subsection (c), 
        the term ``person'', as used in this paragraph, shall 
        mean the head of the applicable Federal agency or the 
        contractor of such agency providing the services to 
        children.
            (2) Administrative proceeding.--A civil penalty may 
        be assessed in a written notice, or an administrative 
        compliance order may be issued under paragraph (1), by 
        the Secretary only after an opportunity for a hearing 
        in accordance with section 554 of title 5, United 
        States Code. Before making such assessment or issuing 
        such order, or both, the Secretary shall give written 
        notice of the assessment or order to such person by 
        certified mail with return receipt and provide 
        information in the notice of an opportunity to request 
        in writing, not later than 30 days after the date of 
        receipt of such notice, such hearing. The notice shall 
        reasonably describe the violation and be accompanied 
        with the procedures for such hearing and a simple form 
        that may be used to request such hearing if such person 
        desires to use such form. If a hearing is requested, 
        the Secretary shall establish by such certified notice 
        the time and place for such hearing, which shall be 
        located, to the greatest extent possible, at a location 
        convenient to such person. The Secretary (or the 
        Secretary's designee) and such person may consult to 
        arrange a suitable date and location where appropriate.
            (3) Circumstances affecting penalty or order.--In 
        determining the amount of the civil penalty or the 
        nature of the administrative compliance order, the 
        Secretary shall take into account, as appropriate--
                    (A) the nature, circumstances, extent, and 
                gravity of the violation;
                    (B) with respect to the violator, any good 
                faith efforts to comply, the importance of 
                achieving early and permanent compliance, the 
                ability to pay or comply, the effect of the 
                penalty or order on the ability to continue 
                operation, any prior history of the same kind 
                of violation, the degree of culpability, and 
                any demonstration of willingness to comply with 
                the prohibitions of this section in a timely 
                manner; and
                    [C) such other matters as justice may 
                require.](C) such other matters as justice may 
                require.
            (4) Modification.--The Secretary may, as 
        appropriate, compromise, modify, or remit, with or 
        without conditions, any civil penalty or administrative 
        compliance order. In the case of a civil penalty, the 
        amount, as finally determined by the Secretary or 
        agreed upon in compromise, may be deducted from any 
        sums that the United States or the agencies or 
        instrumentalities of the United States owe to the 
        person against whom the penalty is assessed.
            (5) Petition for review.--Any person aggrieved by a 
        penalty assessed or an order issued, or both, by the 
        Secretary under this section may file a petition for 
        judicial review of the order with the United States 
        Court of Appeals for the District of Columbia Circuit 
        or for any other circuit in which the person resides or 
        transacts business. Such person shall provide a copy of 
        the petition to the Secretary or the Secretary's 
        designee. The petition shall be filed within 30 days 
        after the Secretary's assessment or order, or both, are 
        final and have been provided to such person by 
        certified mail. The Secretary shall promptly provide to 
        the court a certified copy of the transcript of any 
        hearing held under this section and a copy of the 
        notice or order.
            (6) Failure to comply.--If a person fails to pay an 
        assessment of a civil penalty or comply with an order, 
        after the assessment or order, or both, are final under 
        this section, or after a court has entered a final 
        judgment under paragraph (5) in favor of the Secretary, 
        the Attorney General, at the request of the Secretary, 
        shall recover the amount of the civil penalty (plus 
        interest at prevailing rates from the day the 
        assessment or order, or both, are final) or enforce the 
        order in an action brought in the appropriate district 
        court of the United States. In such action, the 
        validity and appropriateness of the penalty or order or 
        the amount of the penalty shall not be subject to 
        review.

           *       *       *       *       *       *       *

SEC. [4304]9574. PREEMPTION.

    Nothing in this part is intended to preempt any provision 
of law of a State or political subdivision of a State that is 
more restrictive than a provision of this part.

           *       *       *       *       *       *       *

                         PART [F]G--EVALUATIONS

[SEC. 9601. EVALUATIONS.

    [(a) Reservation of Funds.--Except as provided in 
subsections (b) and (c), the Secretary may reserve not more 
than 0.5 percent of the amount appropriated to carry out each 
categorical program and demonstration project authorized under 
this Act--
            [(1) to conduct--
                    [(A) comprehensive evaluations of the 
                program or project; and
                    [(B) studies of the effectiveness of the 
                program or project and its administrative 
                impact on schools and local educational 
                agencies;
            [(2) to evaluate the aggregate short- and long-term 
        effects and cost efficiencies across Federal programs 
        assisted or authorized under this Act and related 
        Federal preschool, elementary, and secondary programs 
        under any other Federal law; and
            [(3) to increase the usefulness of evaluations of 
        grant recipients in order to ensure the continuous 
        progress of the program or project by improving the 
        quality, timeliness, efficiency, and use of information 
        relating to performance under the program or project.
    [(b) Titles I and III Excluded.--The Secretary may not 
reserve under subsection (a) funds appropriated to carry out 
any program authorized under title I or title III.
    [(c) Evaluation Activities Authorized Elsewhere.--If, under 
any other provision of this Act (other than title I), funds are 
authorized to be reserved or used for evaluation activities 
with respect to a program or project, the Secretary may not 
reserve additional funds under this section for the evaluation 
of that program or project.]

SEC. 9601. 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, and 
                        usable, or 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).
    (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.

    [Editor's Note: The McKinney-Vento Homeless Assistance Act 
changes in existing law do not appear in this report. In 
consulting with the Senate Legislative Counsel, this office was 
advised that the compilation needed to show the changes was 
updated prior to completion of this report.]

           *       *       *       *       *       *       *

                                  [all]
```