```

[114th Congress Public Law 95]
[From the U.S. Government Publishing Office]

[[Page 1801]]

                       EVERY STUDENT SUCCEEDS ACT

[[Page 129 STAT. 1802]]

Public Law 114-95
114th Congress

                                 An Act

 
  To reauthorize the Elementary and Secondary Education Act of 1965 to 
 ensure that every child achieves. <<NOTE: Dec. 10, 2015 -  [S. 1177]>> 

SECTION 1. SHORT TITLE. <<NOTE: Every Student Succeeds Act. 20 USC 
                              6301 note.>> 

    This Act may be cited as the ``Every Student Succeeds Act''.
SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Transition.
Sec. 5. Effective dates.
Sec. 6. Table of contents of the Elementary and Secondary Education Act 
           of 1965.

     TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL 
                          EDUCATIONAL AGENCIES

Part A--Improving Basic Programs Operated by State and Local Educational 
                                Agencies

Sec. 1000. Redesignations.
Sec. 1001. Statement of purpose.
Sec. 1002.  Authorization of appropriations.
Sec. 1003. School improvement.
Sec. 1004. Direct student services.
Sec. 1005. State plans.
Sec. 1006. Local educational agency plans.
Sec. 1007. Eligible school attendance areas.
Sec. 1008. Schoolwide programs.
Sec. 1009. Targeted assistance schools.
Sec. 1010. Parent and family engagement.
Sec. 1011. Participation of children enrolled in private schools.
Sec. 1012. Supplement, not supplant.
Sec. 1013. Coordination requirements.
Sec. 1014. Grants for the outlying areas and the Secretary of the 
           Interior.
Sec. 1015. Allocations to States.
Sec. 1016. Adequacy of funding rule.
Sec. 1017. Education finance incentive grant program.

                     Part B--State Assessment Grants

Sec. 1201. State assessment grants.

                 Part C--Education of Migratory Children

Sec. 1301. Education of migratory children.

Part D--Prevention and Intervention Programs for Children and Youth Who 
                  Are Neglected, Delinquent, or At-risk

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

           Part E--Flexibility for Equitable Per-pupil Funding

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

[[Page 129 STAT. 1803]]

                       Part F--General Provisions

Sec. 1601. General provisions.

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

Sec. 2001. General provisions.
Sec. 2002. Preparing, training, and recruiting high-quality teachers, 
           principals, or other school leaders.

   TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT 
                                STUDENTS

Sec. 3001. Redesignation of certain provisions.
Sec. 3002. Authorization of appropriations.
Sec. 3003. English language acquisition, language enhancement, and 
           academic achievement.
Sec. 3004. General provisions.

                     TITLE IV--21ST CENTURY SCHOOLS

Sec. 4001. Redesignations and transfers.
Sec. 4002. General provisions.

         Part A--Student Support and Academic Enrichment Grants

Sec. 4101. Student support and academic enrichment grants.

             Part B--21st Century Community Learning Centers

Sec. 4201. 21st century community learning centers.

      Part C--Expanding Opportunity Through Quality Charter Schools

Sec. 4301. Charter schools.

                    Part D--Magnet Schools Assistance

Sec. 4401. Magnet schools assistance.

             Part E--Family Engagement in Education Programs

Sec. 4501. Family Engagement in Education Programs.

                       Part F--National Activities

Sec. 4601. National activities.

             TITLE V--STATE INNOVATION AND LOCAL FLEXIBILITY

Sec. 5001. General provisions.
Sec. 5002. Funding Transferability for State and Local Educational 
           Agencies.
Sec. 5003. Rural education initiative.
Sec. 5004. General provisions.
Sec. 5005. Review relating to rural local educational agencies.

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

Sec. 6001. Conforming amendments.
Sec. 6002. Indian education.
Sec. 6003. Native Hawaiian education.
Sec. 6004. Alaska Native education.
Sec. 6005. Report on Native American language medium education.
Sec. 6006. Report on responses to Indian student suicides.

                          TITLE VII--IMPACT AID

Sec. 7001. General provisions.
Sec. 7002. Purpose.
Sec. 7003. Payments relating to federal acquisition of real property.
Sec. 7004. Payments for eligible federally connected children.
Sec. 7005. Policies and procedures relating to children residing on 
           Indian lands.
Sec. 7006. Application for payments under sections 7002 and 7003.
Sec. 7007. Construction.
Sec. 7008. Facilities.
Sec. 7009. State consideration of payments in providing state aid.
Sec. 7010. Federal administration.
Sec. 7011. Administrative hearings and judicial review.
Sec. 7012. Definitions.
Sec. 7013. Authorization of appropriations.

[[Page 129 STAT. 1804]]

                     TITLE VIII--GENERAL PROVISIONS

Sec. 8001. General provisions.
Sec. 8002. Definitions.
Sec. 8003. Applicability of title.
Sec. 8004. Applicability to Bureau of Indian Education operated schools.
Sec. 8005. Consolidation of State administrative funds for elementary 
           and secondary education programs.
Sec. 8006. Consolidation of funds for local administration.
Sec. 8007. Consolidated set-aside for Department of the Interior funds.
Sec. 8008. Department staff.
Sec. 8009. Optional consolidated State plans or applications.
Sec. 8010. General applicability of State educational agency assurances.
Sec. 8011. Rural consolidated plan.
Sec. 8012. Other general assurances.
Sec. 8013. Waivers of statutory and regulatory requirements.
Sec. 8014. Approval and disapproval of State plans and local 
           applications.
Sec. 8015. Participation by private school children and teachers.
Sec. 8016. Standards for by-pass.
Sec. 8017. Complaint process for participation of private school 
           children.
Sec. 8018. By-pass determination process.
Sec. 8019. Maintenance of effort.
Sec. 8020. Prohibition regarding state aid.
Sec. 8021. School prayer.
Sec. 8022. Prohibited uses of funds.
Sec. 8023. Prohibitions.
Sec. 8024. Prohibitions on Federal Government and use of Federal funds.
Sec. 8025. Armed forces recruiter access to students and student 
           recruiting information.
Sec. 8026. Prohibition on federally sponsored testing.
Sec. 8027. Limitations on national testing or certification for 
           teachers, principals, or other school leaders.
Sec. 8028. Prohibition on requiring State participation.
Sec. 8029. Civil rights.
Sec. 8030. Consultation with Indian tribes and tribal organizations.
Sec. 8031. Outreach and technical assistance for rural local educational 
           agencies.
Sec. 8032. Consultation with the Governor.
Sec. 8033. Local governance.
Sec. 8034. Rule of construction regarding travel to and from school.
Sec. 8035. Limitations on school-based health centers.
Sec. 8036. State control over standards.
Sec. 8037. Sense of Congress on protecting student privacy.
Sec. 8038. Prohibition on aiding and abetting sexual abuse.
Sec. 8039. Sense of Congress on restoration of state sovereignty over 
           public education.
Sec. 8040. Privacy.
Sec. 8041. Analysis and periodic review; sense of Congress; technical 
           assistance.
Sec. 8042. Evaluations.

           TITLE IX--EDUCATION FOR THE HOMELESS AND OTHER LAWS

                  Part A--Homeless Children and Youths

Sec. 9101. Statement of policy.
Sec. 9102. Grants for State and local activities.
Sec. 9103. Local educational agency subgrants.
Sec. 9104. Secretarial responsibilities.
Sec. 9105. Definitions.
Sec. 9106. Authorization of appropriations.
Sec. 9107. Effective date.

                    Part B--Miscellaneous; Other Laws

Sec. 9201. Findings and sense of Congress on sexual misconduct.
Sec. 9202. Sense of Congress on First Amendment rights.
Sec. 9203. Preventing improper use of taxpayer funds.
Sec. 9204. Accountability to taxpayers through monitoring and oversight.
Sec. 9205. Report on Department actions to address Office of Inspector 
           General reports.
Sec. 9206. Posthumous pardon.
Sec. 9207. Education Flexibility Partnership Act of 1999 
           reauthorization.
Sec. 9208. Report on the reduction of the number and percentage of 
           students who drop out of school.
Sec. 9209. Report on subgroup sample size.

[[Page 129 STAT. 1805]]

Sec. 9210. Report on student home access to digital learning resources.
Sec. 9211. Study on the title I formula.
Sec. 9212. Preschool development grants.
Sec. 9213. Review of Federal early childhood education programs.
Sec. 9214. Use of the term ``highly qualified'' in other laws.
Sec. 9215. Additional conforming amendments to other laws.

SEC. 3. REFERENCES.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.).
SEC. 4. <<NOTE: 20 USC 6301 note.>> TRANSITION.

    (a) Funding Authority.--
            (1) Multi-year awards.--
                    (A) Programs no longer authorized.--Except as 
                otherwise provided in this Act or the amendments made by 
                this Act, the recipient of a multiyear award under the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6301 et seq.), as in effect on the day before the 
                date of enactment of this Act, under a program that is 
                not authorized under the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6301 et seq.), as 
                amended by this Act, and--
                          (i) that is not substantively similar to a 
                      program authorized under the Elementary and 
                      Secondary Education Act of 1965 (20 U.S.C. 6301 et 
                      seq.), as amended by this Act, shall continue to 
                      receive funds in accordance with the terms of such 
                      prior award, except that no additional funds for 
                      such program may be awarded after September 30, 
                      2016; and
                          (ii) that is substantively similar to a 
                      program authorized under the Elementary and 
                      Secondary Education Act of 1965 (20 U.S.C. 6301 et 
                      seq.), as amended by this Act, shall continue to 
                      receive funds in accordance with the terms of such 
                      prior award.
                    (B) Authorized programs.--Except as otherwise 
                provided in this Act, or the amendments made by this 
                Act, the recipient of a multiyear award under a program 
                that was authorized under the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6301 et seq.), as in 
                effect on the day before the date of enactment of this 
                Act, and that is authorized under such Act (20 U.S.C. 
                6301 et seq.), as amended by this Act, shall continue to 
                receive funds in accordance with the terms of such prior 
                award.
            (2) Planning and transition.--Notwithstanding any other 
        provision of law, a recipient of funds under a program described 
        in paragraph (1)(A)(ii) or (1)(B) may use funds awarded to the 
        recipient under such program, to carry out necessary and 
        reasonable planning and transition activities in order to ensure 
        the recipient's compliance with the amendments to such program 
        made by this Act.

    (b) Orderly Transition.--Subject to subsection (a)(1)(A)(i), the 
Secretary shall take such steps as are necessary to provide for the 
orderly transition to, and implementation of, programs authorized under 
the Elementary and Secondary Education Act of 1965

[[Page 129 STAT. 1806]]

(20 U.S.C. 6301 et. seq.), as amended by this Act, from programs 
authorized under the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq.), as in effect on the day before the date of 
enactment of this Act.
    (c) Termination of Certain Waivers.--
            (1) In general.--Notwithstanding any other provision of this 
        Act, and subject to section 5(e)(2), a waiver described in 
        paragraph (2) shall be null and void and have no legal effect on 
        or after August 1, 2016.
            (2) Waivers.--A waiver shall be subject to paragraph (1) if 
        the waiver was granted by the Secretary of Education to a State 
        or consortium of local educational agencies under the program 
        first introduced in a letter to chief State school officers 
        dated September 23, 2011, and authorized under section 9401 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7861), as in effect on the day before the date of enactment of 
        this Act.
SEC. 5. <<NOTE: 20 USC 6301 note.>> EFFECTIVE DATES.

    (a) In General.--Except as otherwise provided in this Act, or an 
amendment made by this Act, this Act, and the amendments made by this 
Act, shall be effective upon the date of enactment of this Act.
    (b) Noncompetitive Programs.--With respect to noncompetitive 
programs under the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq) and the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11301 et seq.) under which any funds are allotted by the 
Secretary of Education to recipients on the basis of a formula, the 
amendments made by this Act shall be effective beginning on July 1, 
2016, except as otherwise provided in such amendments.
    (c) Competitive Programs.--With respect to programs that are 
conducted by the Secretary of Education on a competitive basis (and are 
not programs described in subsection (b)) under the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the amendments 
made by this Act with respect to appropriations for use under such 
programs shall be effective beginning on October 1, 2016, except as 
otherwise provided in such amendments.
    (d) Impact Aid.--With respect to title VII of the Elementary and 
Secondary Education Act of 1965, as amended by this Act, the amendments 
made by this Act shall take effect with respect to appropriations for 
use under such title beginning fiscal year 2017, except as otherwise 
provided in such amendments.
    (e) Title I of the Elementary and Secondary Education Act of 1965.--
            (1) Effective dates for section 1111 of the elementary and 
        secondary education act of 1965.--Notwithstanding any other 
        provision of this Act, or the amendments made by this Act, and 
        subject to paragraph (2) of this subsection--
                    (A) section 1111(b)(2) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)), 
                as in effect on the day before the date of enactment of 
                this Act, shall be effective through the close of August 
                1, 2016;
                    (B) subsections (c) and (d) of section 1111 of the 
                Elementary and Secondary Education Act of 1965 (20

[[Page 129 STAT. 1807]]

                U.S.C. 6311), as amended by this Act, shall take effect 
                beginning with school year 2017-2018; and
                    (C) section 1111(b)(2) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)), 
                as amended by this Act, and any other provision of 
                section 1111 of such Act (20 U.S.C. 6311), as amended by 
                this Act, which is not described in subparagraph (B) of 
                this paragraph, shall take effect in a manner consistent 
                with subsection (a).
            (2) Special rule.--
                    (A) In general.--Notwithstanding any other provision 
                of this Act (including subsection (b) and paragraph 
                (1)), any school or local educational agency described 
                in subparagraph (B) shall continue to implement 
                interventions applicable to such school or local 
                educational agency under clause (i) or (ii) of 
                subparagraph (B) until--
                          (i) the State plan for the State in which the 
                      school or agency is located under section 1111 of 
                      the Elementary and Secondary Education Act of 1965 
                      (20 U.S.C. 6311), as amended by this Act, is 
                      approved under such section (20 U.S.C. 6311); or
                          (ii) subsections (c) and (d) of section 1111 
                      of the Elementary and Secondary Education Act of 
                      1965 (20 U.S.C. 6311), as amended by this Act, 
                      take effect in accordance with paragraph (1)(B),
                whichever occurs first.
                    (B) Certain schools and local educational 
                agencies.--A school or local educational agency shall be 
                subject to the requirements of subparagraph (A), if such 
                school or local educational agency has been identified 
                by the State in which the school or local educational 
                agency is located--
                          (i) as in need of improvement, corrective 
                      action, or restructuring under part A of title I 
                      of the Elementary and Secondary Education Act of 
                      1965 (20 U.S.C. 6311 et seq.), as in effect on the 
                      day before the date of enactment of this Act; or
                          (ii) as a priority or focus school under a 
                      waiver granted by the Secretary of Education under 
                      section 9401 of the Elementary and Secondary 
                      Education Act of 1965 (20 U.S.C. 7861), as in 
                      effect on the day before the date of enactment of 
                      this Act.
SEC. 6. TABLE OF CONTENTS OF THE ELEMENTARY AND SECONDARY 
                    EDUCATION ACT OF 1965.

    Section 2 is amended to read as follows:

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

   ``TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

``Sec. 1001. Statement of purpose.
``Sec. 1002. Authorization of appropriations.
``Sec. 1003. School improvement.
``Sec. 1003A. Direct student services.
``Sec. 1004. State administration.

    ``Part A--Improving Basic Programs Operated by Local Educational 
                                Agencies

                 ``subpart 1--basic program requirements

``Sec. 1111. State plans.

[[Page 129 STAT. 1808]]

``Sec. 1112. Local educational agency plans.
``Sec. 1113. Eligible school attendance areas.
``Sec. 1114. Schoolwide programs.
``Sec. 1115. Targeted assistance schools.
``Sec. 1116. Parent and family engagement.
``Sec. 1117. Participation of children enrolled in private schools.
``Sec. 1118. Fiscal requirements.
``Sec. 1119. Coordination requirements.

                        ``subpart 2--allocations

``Sec. 1121. Grants for the outlying areas and the Secretary of the 
           Interior.
``Sec. 1122. Allocations to States.
``Sec. 1124. Basic grants to local educational agencies.
``Sec. 1124A. Concentration grants to local educational agencies.
``Sec. 1125. Targeted grants to local educational agencies.
``Sec. 1125AA. Adequacy of funding to local educational agencies in 
           fiscal years after fiscal year 2001.
``Sec. 1125A. Education finance incentive grant program.
``Sec. 1126. Special allocation procedures.
``Sec. 1127. Carryover and waiver.

                    ``Part B--State Assessment Grants

``Sec. 1201. Grants for State assessments and related activities.
``Sec. 1202. State option to conduct assessment system audit.
``Sec. 1203. Allotment of appropriated funds.
``Sec. 1204. Innovative assessment and accountability demonstration 
           authority.

                ``Part C--Education of Migratory Children

``Sec. 1301. Program purposes.
``Sec. 1302. Program authorized.
``Sec. 1303. State allocations.
``Sec. 1304. State applications; services.
``Sec. 1305. Secretarial approval; peer review.
``Sec. 1306. Comprehensive needs assessment and service-delivery plan; 
           authorized activities.
``Sec. 1307. Bypass.
``Sec. 1308. Coordination of migrant education activities.
``Sec. 1309. Definitions.

 ``Part D--Prevention and Intervention Programs for Children and Youth 
                Who Are Neglected, Delinquent, or At-Risk

``Sec. 1401. Purpose and program authorization.
``Sec. 1402. Payments for programs under this part.

                   ``subpart 1--state agency programs

``Sec. 1411. Eligibility.
``Sec. 1412. Allocation of funds.
``Sec. 1413. State reallocation of funds.
``Sec. 1414. State plan and State agency applications.
``Sec. 1415. Use of funds.
``Sec. 1416. Institution-wide projects.
``Sec. 1417. Three-year programs or projects.
``Sec. 1418. Transition services.
``Sec. 1419. Technical assistance.

                   ``subpart 2--local agency programs

``Sec. 1421. Purpose.
``Sec. 1422. Programs operated by local educational agencies.
``Sec. 1423. Local educational agency applications.
``Sec. 1424. Uses of funds.
``Sec. 1425. Program requirements for correctional facilities receiving 
           funds under this section.
``Sec. 1426. Accountability.

                     ``subpart 3--general provisions

``Sec. 1431. Program evaluations.
``Sec. 1432. Definitions.

          ``Part E--Flexibility for Equitable Per-Pupil Funding

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

[[Page 129 STAT. 1809]]

                      ``Part F--General Provisions

``Sec. 1601. Federal regulations.
``Sec. 1602. Agreements and records.
``Sec. 1603. State administration.
``Sec. 1604. Prohibition against Federal mandates, direction, or 
           control.
``Sec. 1605. Rule of construction on equalized spending.

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

``Sec. 2001. Purpose.
``Sec. 2002. Definitions.
``Sec. 2003. Authorization of appropriations.

               ``Part A--Supporting Effective Instruction

``Sec. 2101. Formula grants to States.
``Sec. 2102. Subgrants to local educational agencies.
``Sec. 2103. Local uses of funds.
``Sec. 2104. Reporting.

                      ``Part B--National Activities

``Sec. 2201. Reservations.

        ``subpart 1--teacher and school leader incentive program

``Sec. 2211. Purposes; definitions.
``Sec. 2212. Teacher and school leader incentive fund grants.
``Sec. 2213. Reports.

     ``subpart 2--literacy education for all, results for the nation

``Sec. 2221. Purposes; definitions.
``Sec. 2222. Comprehensive literacy State development grants.
``Sec. 2223. Subgrants to eligible entities in support of birth through 
           kindergarten entry literacy.
``Sec. 2224. Subgrants to eligible entities in support of kindergarten 
           through grade 12 literacy.
``Sec. 2225. National evaluation and information dissemination.
``Sec. 2226. Innovative approaches to literacy.

           ``subpart 3--american history and civics education

``Sec. 2231. Program authorized.
``Sec. 2232. Presidential and congressional academies for American 
           history and civics.
``Sec. 2233. National activities.

             ``subpart 4--programs of national significance

``Sec. 2241. Funding allotment.
``Sec. 2242. Supporting effective educator development.
``Sec. 2243. School leader recruitment and support.
``Sec. 2244. Technical assistance and national evaluation.
``Sec. 2245. STEM master teacher corps.

                      ``Part C--General Provisions

``Sec. 2301. Supplement, not supplant.
``Sec. 2302. Rules of construction.

  ``TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT 
                                STUDENTS

``Sec. 3001. Authorization of appropriations.

   ``Part A--English Language Acquisition, Language Enhancement, and 
                        Academic Achievement Act

``Sec. 3101. Short title.
``Sec. 3102. Purposes.

 ``subpart 1--grants and subgrants for english language acquisition and 
                          language enhancement

``Sec. 3111. Formula grants to States.
``Sec. 3112. Native American and Alaska Native children in school.

[[Page 129 STAT. 1810]]

``Sec. 3113. State and specially qualified agency plans.
``Sec. 3114. Within-State allocations.
``Sec. 3115. Subgrants to eligible entities.
``Sec. 3116. Local plans.

             ``subpart 2--accountability and administration

``Sec. 3121. Reporting.
``Sec. 3122. Biennial reports.
``Sec. 3123. Coordination with related programs.
``Sec. 3124. Rules of construction.
``Sec. 3125. Legal authority under State law.
``Sec. 3126. Civil rights.
``Sec. 3127. Programs for Native Americans and Puerto Rico.
``Sec. 3128. Prohibition.

                    ``subpart 3--national activities

``Sec. 3131. National professional development project.

                      ``Part B--General Provisions

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

                    ``TITLE IV--21ST CENTURY SCHOOLS

``Sec. 4001. General provisions.

        ``Part A--Student Support and Academic Enrichment Grants

       ``subpart 1--student support and academic enrichment grants

``Sec. 4101. Purpose.
``Sec. 4102. Definitions.
``Sec. 4103. Formula grants to States.
``Sec. 4104. State use of funds.
``Sec. 4105. Allocations to local educational agencies.
``Sec. 4106. Local educational agency applications.
``Sec. 4107. Activities to support well-rounded educational 
           opportunities.
``Sec. 4108. Activities to support safe and healthy students.
``Sec. 4109. Activities to support the effective use of technology.
``Sec. 4110. Supplement, not supplant.
``Sec. 4111. Rule of construction.
``Sec. 4112. Authorization of appropriations.

                      ``subpart 2--internet safety

``4121. Internet safety.

            ``Part B--21st Century Community Learning Centers

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

     ``Part C--Expanding Opportunity Through Quality Charter Schools

``Sec. 4301. Purpose.
``Sec. 4302. Program authorized.
``Sec. 4303. Grants to support high-quality charter schools.
``Sec. 4304. Facilities financing assistance.
``Sec. 4305. National activities.
``Sec. 4306. Federal formula allocation during first year and for 
           successive enrollment expansions.
``Sec. 4307. Solicitation of input from charter school operators.
``Sec. 4308. Records transfer.
``Sec. 4309. Paperwork reduction.
``Sec. 4310. Definitions.
``Sec. 4311. Authorization of appropriations.

                   ``Part D--Magnet Schools Assistance

``Sec. 4401. Findings and purpose.
``Sec. 4402. Definition.

[[Page 129 STAT. 1811]]

``Sec. 4403. Program authorized.
``Sec. 4404. Eligibility.
``Sec. 4405. Applications and requirements.
``Sec. 4406. Priority.
``Sec. 4407. Use of funds.
``Sec. 4408. Limitations.
``Sec. 4409. Authorization of appropriations; reservation.

            ``Part E--Family Engagement in Education Programs

``Sec. 4501. Purposes.
``Sec. 4502. Grants authorized.
``Sec. 4503. Applications.
``Sec. 4504. Uses of funds.
``Sec. 4505. Family engagement in Indian schools.
``Sec. 4506. Authorization of appropriations.

                      ``Part F--National Activities

``Sec. 4601. Authorization of appropriations; reservations.

             ``subpart 1--education innovation and research

``Sec. 4611. Grants for education innovation and research.

            ``subpart 2--community support for school success

``Sec. 4621. Purposes.
``Sec. 4622. Definitions.
``Sec. 4623. Program authorized.
``Sec. 4624. Promise neighborhoods.
``Sec. 4625. Full-service community schools.

           ``subpart 3--national activities for school safety

``Sec. 4631. National activities for school safety.

                    ``subpart 4--academic enrichment

``Sec. 4641. Awards for academic enrichment.
``Sec. 4642. Assistance for arts education.
``Sec. 4643. Ready to learn programming.
``Sec. 4644. Supporting high-ability learners and learning.

                ``TITLE V--FLEXIBILITY AND ACCOUNTABILITY

   ``Part A--Funding Transferability for State and Local Educational 
                                Agencies

``Sec. 5101. Short title.
``Sec. 5102. Purpose.
``Sec. 5103. Transferability of funds.

                  ``Part B--Rural Education Initiative

``Sec. 5201. Short title.
``Sec. 5202. Purpose.

          ``subpart 1--small, rural school achievement program

``Sec. 5211. Use of applicable funding.
``Sec. 5212. Grant program authorized.

            ``subpart 2--rural and low-income school program

``Sec. 5221. Program authorized.
``Sec. 5222. Use of funds.
``Sec. 5223. Applications.
``Sec. 5224. Report.
``Sec. 5225. Choice of participation.

                      ``Part C--General Provisions

``Sec. 5301. Prohibition against Federal mandates, direction, or 
           control.
``Sec. 5302. Rule of construction on equalized spending.

    ``TITLE VI--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

                       ``Part A--Indian Education

``Sec. 6101. Statement of policy.

[[Page 129 STAT. 1812]]

``Sec. 6102. Purpose.

        ``subpart 1--formula grants to local educational agencies

``Sec. 6111. Purpose.
``Sec. 6112. Grants to local educational agencies and tribes.
``Sec. 6113. Amount of grants.
``Sec. 6114. Applications.
``Sec. 6115. Authorized services and activities.
``Sec. 6116. Integration of services authorized.
``Sec. 6117. Student eligibility forms.
``Sec. 6118. Payments.
``Sec. 6119. State educational agency review.

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

``Sec. 6121. Improvement of educational opportunities for Indian 
           children and youth.
``Sec. 6122. Professional development for teachers and education 
           professionals.

                    ``subpart 3--national activities

``Sec. 6131. National research activities.
``Sec. 6132. Grants to tribes for education administrative planning, 
           development, and coordination.
``Sec. 6133. Native American and Alaska Native language immersion 
           schools and programs.

                   ``subpart 4--federal administration

``Sec. 6141. National Advisory Council on Indian Education.
``Sec. 6142. Peer review.
``Sec. 6143. Preference for Indian applicants.
``Sec. 6144. Minimum grant criteria.

       ``subpart 5--definitions; authorizations of appropriations

``Sec. 6151. Definitions.
``Sec. 6152. Authorizations of appropriations.

                   ``Part B--Native Hawaiian Education

``Sec. 6201. Short title.
``Sec. 6202. Findings.
``Sec. 6203. Purposes.
``Sec. 6204. Native Hawaiian Education Council.
``Sec. 6205. Program authorized.
``Sec. 6206. Administrative provisions.
``Sec. 6207. Definitions.

                    ``Part C--Alaska Native Education

``Sec. 6301. Short title.
``Sec. 6302. Findings.
``Sec. 6303. Purposes.
``Sec. 6304. Program authorized.
``Sec. 6305. Administrative provisions.
``Sec. 6306. Definitions.

                         ``TITLE VII--IMPACT AID

``Sec. 7001. Purpose.
``Sec. 7002. Payments relating to Federal acquisition of real property.
``Sec. 7003. Payments for eligible federally connected children.
``Sec. 7004. Policies and procedures relating to children residing on 
           Indian lands.
``Sec. 7005. Application for payments under sections 7002 and 7003.
``Sec. 7007. Construction.
``Sec. 7008. Facilities.
``Sec. 7009. State consideration of payments in providing State aid.
``Sec. 7010. Federal administration.
``Sec. 7011. Administrative hearings and judicial review.
``Sec. 7012. Forgiveness of overpayments.
``Sec. 7013. Definitions.
``Sec. 7014. Authorization of appropriations.

                    ``TITLE VIII--GENERAL PROVISIONS

                          ``Part A--Definitions

``Sec. 8101. Definitions.

[[Page 129 STAT. 1813]]

``Sec. 8102. Applicability of title.
``Sec. 8103. Applicability to Bureau of Indian Education operated 
           schools.

   ``Part B--Flexibility in the Use of Administrative and Other Funds

``Sec. 8201. Consolidation of State administrative funds for elementary 
           and secondary education programs.
``Sec. 8202. Single local educational agency States.
``Sec. 8203. Consolidation of funds for local administration.
``Sec. 8204. Consolidated set-aside for Department of the Interior 
           funds.
``Sec. 8205. Department staff.

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

``Sec. 8301. Purposes.
``Sec. 8302. Optional consolidated State plans or applications.
``Sec. 8303. Consolidated reporting.
``Sec. 8304. General applicability of State educational agency 
           assurances.
``Sec. 8305. Consolidated local plans or applications.
``Sec. 8306. Other general assurances.

                            ``Part D--Waivers

``Sec. 8401. Waivers of statutory and regulatory requirements.

``Part E--Approval and Disapproval of State Plans and Local Applications

``Sec. 8451. Approval and disapproval of State plans.
``Sec. 8452. Approval and disapproval of local educational agency 
           applications.

                      ``Part F--Uniform Provisions

                      ``subpart 1--private schools

``Sec. 8501. Participation by private school children and teachers.
``Sec. 8502. Standards for by-pass.
``Sec. 8503. Complaint process for participation of private school 
           children.
``Sec. 8504. By-pass determination process.
``Sec. 8505. Prohibition against funds for religious worship or 
           instruction.
``Sec. 8506. Private, religious, and home schools.

                      ``subpart 2--other provisions

``Sec. 8521. Maintenance of effort.
``Sec. 8522. Prohibition regarding State aid.
``Sec. 8523. Privacy of assessment results.
``Sec. 8524. School prayer.
``Sec. 8525. Equal access to public school facilities.
``Sec. 8526. Prohibited uses of funds
``Sec. 8526A. Prohibition against Federal mandates, direction, or 
           control.
``Sec. 8527. Prohibitions on Federal Government and use of Federal 
           funds.
``Sec. 8528. Armed Forces recruiter access to students and student 
           recruiting information.
``Sec. 8529. Prohibition on federally sponsored testing.
``Sec. 8530. Limitations on national testing or certification for 
           teachers, principals, or other school leaders.
``Sec. 8530A. Prohibition on requiring State participation.
``Sec. 8531. Prohibition on nationwide database.
``Sec. 8532. Unsafe school choice option.
``Sec. 8533. Prohibition on discrimination.
``Sec. 8534. Civil rights.
``Sec. 8535. Rulemaking.
``Sec. 8536. Severability.
``Sec. 8537. Transfer of school disciplinary records.
``Sec. 8538. Consultation with Indian tribes and tribal organizations.
``Sec. 8539. Outreach and technical assistance for rural local 
           educational agencies.
``Sec. 8540. Consultation with the Governor.
``Sec. 8541. Local governance.
``Sec. 8542. Rule of construction regarding travel to and from school.
``Sec. 8543. Limitations on school-based health centers.
``Sec. 8544. State control over standards.
``Sec. 8545. Sense of Congress on protecting student privacy.
``Sec. 8546. Prohibition on aiding and abetting sexual abuse.
``Sec. 8547. Sense of Congress on restoration of State sovereignty over 
           public education.

[[Page 129 STAT. 1814]]

``Sec. 8548. Privacy.
``Sec. 8549. Analysis and periodic review of departmental guidance.
``Sec. 8549A. Sense of Congress.
``Sec. 8549B. Sense of Congress on early learning and child care.
``Sec. 8549C. Technical assistance.

                ``subpart 3--teacher liability protection

``Sec. 8551. Short title.
``Sec. 8552. Purpose.
``Sec. 8553. Definitions.
``Sec. 8554. Applicability.
``Sec. 8555. Preemption and election of State nonapplicability.
``Sec. 8556. Limitation on liability for teachers.
``Sec. 8557. Allocation of responsibility for noneconomic loss.
``Sec. 8558. Effective date.

                       ``subpart 4--gun possession

``Sec. 8561. Gun-free requirements.

                ``subpart 5--environmental tobacco smoke

``Sec. 8571. Short title.
``Sec. 8572. Definitions.
``Sec. 8573. Nonsmoking policy for children's services.
``Sec. 8574. Preemption.

                          ``Part G--Evaluations

``Sec. 8601. Evaluations.''.

     TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL 
                          EDUCATIONAL AGENCIES

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

SEC. 1000. REDESIGNATIONS.

    Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is amended--
            (1) <<NOTE: 20 USC 6316, 6317, 6319. 20 USC 6318. 20 USC 
        6320. 20 USC 6321. 20 USC 6322.>> by striking sections 1116, 
        1117, and 1119;
            (2) by redesignating section 1118 as section 1116;
            (3) by redesignating section 1120 as section 1117;
            (4) by redesignating section 1120A as section 1118; and
            (5) by redesignating section 1120B as section 1119.
SEC. 1001. STATEMENT OF PURPOSE.

    Section 1001 (20 U.S.C. 6301) is amended to read as follows:
``SEC. 1001. STATEMENT OF PURPOSE.

    ``The purpose of this title is to provide all children significant 
opportunity to receive a fair, equitable, and high-quality education, 
and to close educational achievement gaps.''.
SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

    Section 1002 (20 U.S.C. 6302) is amended to read as follows:
``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

    ``(a)  Local Educational Agency Grants.--There are authorized to be 
appropriated to carry out the activities described in part A--

[[Page 129 STAT. 1815]]

            ``(1) $15,012,317,605 for fiscal year 2017;
            ``(2) $15,457,459,042 for fiscal year 2018;
            ``(3) $15,897,371,442 for fiscal year 2019; and
            ``(4) $16,182,344,591 for fiscal year 2020.

    ``(b) State Assessments.--There are authorized to be appropriated to 
carry out the activities described in part B, $378,000,000 for each of 
fiscal years 2017 through 2020.
    ``(c) Education of Migratory Children.--There are authorized to be 
appropriated to carry out the activities described in part C, 
$374,751,000 for each of fiscal years 2017 through 2020.
    ``(d) Prevention and Intervention Programs for Children and Youth 
Who Are Neglected, Delinquent, or At-risk.--There are authorized to be 
appropriated to carry out the activities described in part D, 
$47,614,000 for each of fiscal years 2017 through 2020.
    ``(e) Federal Activities.--For the purpose of carrying out 
evaluation activities related to title I under section 8601, there are 
authorized to be appropriated $710,000 for each of fiscal years 2017 
through 2020.
    ``(f) Sense of Congress Regarding Adjustments to Authorizations of 
Appropriations Provided in This Act for Future Budget Agreements.--It is 
the sense of Congress that if legislation is enacted that revises the 
limits on discretionary spending established under section 251(c) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
901(c)), the levels of appropriations authorized throughout this Act 
should be adjusted in a manner that is consistent with the adjustments 
in nonsecurity category funding provided for under the revised limits on 
discretionary spending.''.
SEC. 1003. SCHOOL IMPROVEMENT.

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

    ``(a) State Reservations.--To carry out subsection (b) and the State 
educational agency's statewide system of technical assistance and 
support for local educational agencies, each State shall reserve the 
greater of--
            ``(1) 7 percent of the amount the State receives under 
        subpart 2 of part A; or
            ``(2) the sum of the amount the State--
                    ``(A) reserved for fiscal year 2016 under this 
                subsection, as in effect on the day before the date of 
                enactment of the Every Student Succeeds Act; and
                    ``(B) received for fiscal year 2016 under subsection 
                (g), as in effect on the day before the date of 
                enactment of the Every Student Succeeds Act.

    ``(b) Uses.--Of the amount reserved under subsection (a) for any 
fiscal year, the State educational agency--
            ``(1)(A) shall allocate not less than 95 percent of that 
        amount to make grants to local educational agencies on a formula 
        or competitive basis, to serve schools implementing 
        comprehensive support and improvement activities or targeted 
        support and improvement activities under section 1111(d); or
            ``(B) may, with the approval of the local educational 
        agency, directly provide for these activities or arrange for 
        their provision through other entities such as school support 
        teams, educational service agencies, or nonprofit or for-profit 
        external providers

[[Page 129 STAT. 1816]]

        with expertise in using evidence-based strategies to improve 
        student achievement, instruction, and schools; and
            ``(2) shall use the funds not allocated to local educational 
        agencies under paragraph (1) to carry out this section, which 
        shall include--
                    ``(A) establishing the method, consistent with 
                paragraph (1)(A), the State will use to allocate funds 
                to local educational agencies under such paragraph, 
                including ensuring--
                          ``(i) the local educational agencies receiving 
                      an allotment under such paragraph represent the 
                      geographic diversity of the State; and
                          ``(ii) that allotments are of sufficient size 
                      to enable a local educational agency to 
                      effectively implement selected strategies;
                    ``(B) monitoring and evaluating the use of funds by 
                local educational agencies receiving an allotment under 
                such paragraph; and
                    ``(C) as appropriate, reducing barriers and 
                providing operational flexibility for schools in the 
                implementation of comprehensive support and improvement 
                activities or targeted support and improvement 
                activities under section 1111(d).

    ``(c) Duration.--The State educational agency shall award each 
subgrant under subsection (b) for a period of not more than 4 years, 
which may include a planning year.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed as prohibiting a State from allocating subgrants under this 
section to a statewide school district, consortium of local educational 
agencies, or an educational service agency that serves schools 
implementing comprehensive support and improvement activities or 
targeted support and improvement activities, if such entities are 
legally constituted or recognized as local educational agencies in the 
State.
    ``(e) Application.--To receive an allotment under subsection (b)(1), 
a local educational agency shall submit an application to the State 
educational agency at such time, in such form, and including such 
information as the State educational agency may require. Each 
application shall include, at a minimum--
            ``(1) a description of how the local educational agency will 
        carry out its responsibilities under section 1111(d) for schools 
        receiving funds under this section, including how the local 
        educational agency will--
                    ``(A) develop comprehensive support and improvement 
                plans under section 1111(d)(1) for schools receiving 
                funds under this section;
                    ``(B) support schools developing or implementing 
                targeted support and improvement plans under section 
                1111(d)(2), if funds received under this section are 
                used for such purpose;
                    ``(C) monitor schools receiving funds under this 
                section, including how the local educational agency will 
                carry out its responsibilities under clauses (iv) and 
                (v) of section 1111(d)(2)(B) if funds received under 
                this section are used to support schools implementing 
                targeted support and improvement plans;

[[Page 129 STAT. 1817]]

                    ``(D) use a rigorous review process to recruit, 
                screen, select, and evaluate any external partners with 
                whom the local educational agency will partner;
                    ``(E) align other Federal, State, and local 
                resources to carry out the activities supported with 
                funds received under subsection (b)(1); and
                    ``(F) as appropriate, modify practices and policies 
                to provide operational flexibility that enables full and 
                effective implementation of the plans described in 
                paragraphs (1) and (2) of section 1111(d); and
            ``(2) an assurance that each school the local educational 
        agency proposes to serve will receive all of the State and local 
        funds it would have received in the absence of funds received 
        under this section.

    ``(f) Priority.--The State educational agency, in allocating funds 
to local educational agencies under this section, shall give priority to 
local educational agencies that--
            ``(1) serve high numbers, or a high percentage of, 
        elementary schools and secondary schools implementing plans 
        under paragraphs (1) and (2) of section 1111(d);
            ``(2) demonstrate the greatest need for such funds, as 
        determined by the State; and
            ``(3) demonstrate the strongest commitment to using funds 
        under this section to enable the lowest-performing schools to 
        improve student achievement and student outcomes.

    ``(g) Unused Funds.--If, after consultation with local educational 
agencies in the State, the State educational agency determines that the 
amount of funds reserved to carry out subsection (b) is greater than the 
amount needed to provide the assistance described in that subsection, 
the State educational agency shall allocate the excess amount to local 
educational agencies in accordance with--
            ``(1) the relative allocations the State educational agency 
        made to those agencies for that fiscal year under subpart 2 of 
        part A; or
            ``(2) section 1126(c).

    ``(h) Special Rule.--Notwithstanding any other provision of this 
section, the amount of funds reserved by the State educational agency 
under subsection (a) for fiscal year 2018 and each subsequent fiscal 
year shall not decrease the amount of funds each local educational 
agency receives under subpart 2 of part A below the amount received by 
such local educational agency under such subpart for the preceding 
fiscal year.
    ``(i) Reporting.--The State shall include in the report described in 
section 1111(h)(1) a list of all the local educational agencies and 
schools that received funds under this section, including the amount of 
funds each school received and the types of strategies implemented in 
each school with such funds.''.
SEC. 1004. DIRECT STUDENT SERVICES.

    The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.) is amended by inserting after section 1003 (20 U.S.C. 6303) the 
following:
``SEC. 1003A. <<NOTE: 20 USC 6303b.>> DIRECT STUDENT SERVICES.

    ``(a) State Reservation.--
            ``(1) In general.--

[[Page 129 STAT. 1818]]

                    ``(A) States.--Each State educational agency, after 
                meaningful consultation with geographically diverse 
                local educational agencies described in subparagraph 
                (B), may reserve not more than 3 percent of the amount 
                the State educational agency receives under subpart 2 of 
                part A for each fiscal year to carry out this section.
                    ``(B) Consultation.--A State educational agency 
                shall consult under subparagraph (A) with local 
                educational agencies that include--
                          ``(i) suburban, rural, and urban local 
                      educational agencies;
                          ``(ii) local educational agencies serving a 
                      high percentage of schools identified by the State 
                      for comprehensive support and improvement under 
                      section 1111(c)(4)(D)(i); and
                          ``(iii) local educational agencies serving a 
                      high percentage of schools implementing targeted 
                      support and improvement plans under section 
                      1111(d)(2).
            ``(2) Program administration.--Of the funds reserved under 
        paragraph (1)(A), the State educational agency may use not more 
        than 1 percent to administer the program described in this 
        section.

    ``(b) Awards.--
            ``(1) In general.--From the amount reserved under subsection 
        (a) by a State educational agency, the State educational agency 
        shall award grants to geographically diverse local educational 
        agencies described in subsection (a)(1)(B)(i).
            ``(2) Priority.--In making such awards, the State 
        educational agency shall prioritize awards to local educational 
        agencies serving the highest percentage of schools, as compared 
        to other local educational agencies in the State--
                    ``(A) identified by the State for comprehensive 
                support and improvement under section 1111(c)(4)(D)(i); 
                or
                    ``(B) implementing targeted support and improvement 
                plans under section 1111(d)(2).

    ``(c) Local Use of Funds.--A local educational agency receiving an 
award under this section--
            ``(1) may use not more than 1 percent of its award for 
        outreach and communication to parents about available direct 
        student services described in paragraph (3) in the local 
        educational agency and State;
            ``(2) may use not more than 2 percent of its award for 
        administrative costs related to such direct student services;
            ``(3) shall use the remainder of the award to pay the costs 
        associated with one or more of the following direct student 
        services--
                    ``(A) enrollment and participation in academic 
                courses not otherwise available at a student's school, 
                including--
                          ``(i) advanced courses; and
                          ``(ii) career and technical education 
                      coursework that--
                                    ``(I) is aligned with the 
                                challenging State academic standards; 
                                and
                                    ``(II) leads to industry-recognized 
                                credentials that meet the quality 
                                criteria established by the State under 
                                section 123(a) of the Workforce 
                                Innovation and Opportunity Act (29 
                                U.S.C. 3102);

[[Page 129 STAT. 1819]]

                    ``(B) credit recovery and academic acceleration 
                courses that lead to a regular high school diploma;
                    ``(C) activities that assist students in 
                successfully completing postsecondary level instruction 
                and examinations that are accepted for credit at 
                institutions of higher education (including Advanced 
                Placement and International Baccalaureate courses), 
                which may include reimbursing low-income students to 
                cover part or all of the costs of fees for such 
                examinations;
                    ``(D) components of a personalized learning 
                approach, which may include high-quality academic 
                tutoring; and
                    ``(E) in the case of a local educational agency that 
                does not reserve funds under section 1111(d)(1)(D)(v), 
                transportation to allow a student enrolled in a school 
                identified for comprehensive support and improvement 
                under section 1111(c)(4)(D)(i) to transfer to another 
                public school (which may include a charter school) that 
                has not been identified by the State under such section; 
                and
            ``(4) in paying the costs associated with the direct student 
        services described in paragraph (3), shall--
                    ``(A) first, pay such costs for students who are 
                enrolled in schools identified by the State for 
                comprehensive support and improvement under section 
                1111(c)(4)(D)(i);
                    ``(B) second, pay such costs for low-achieving 
                students who are enrolled in schools implementing 
                targeted support and improvement plans under section 
                1111(d)(2); and
                    ``(C) with any remaining funds, pay such costs for 
                other low-achieving students served by the local 
                educational agency.

    ``(d) Application.--A local educational agency desiring to receive 
an award under subsection (b) shall submit an application to the State 
educational agency at such time and in such manner as the State 
educational agency shall require. At a minimum, each application shall 
describe how the local educational agency will--
            ``(1) provide adequate outreach to ensure parents can 
        exercise a meaningful choice of direct student services for 
        their child's education;
            ``(2) ensure parents have adequate time and information to 
        make a meaningful choice prior to enrolling their child in a 
        direct student service;
            ``(3) in the case of a local educational agency offering 
        public school choice under this section, ensure sufficient 
        availability of seats in the public schools the local 
        educational agency will make available for public school choice 
        options;
            ``(4) prioritize services to students who are lowest-
        achieving;
            ``(5) select providers of direct student services, which may 
        include one or more of--
                    ``(A) the local educational agency or other local 
                educational agencies;
                    ``(B) community colleges or other institutions of 
                higher education;
                    ``(C) non-public entities;
                    ``(D) community-based organizations; or
                    ``(E) in the case of high-quality academic tutoring, 
                a variety of providers of such tutoring that are 
                selected and

[[Page 129 STAT. 1820]]

                approved by the State and appear on the State's list of 
                such providers required under subsection (e)(2);
            ``(6) monitor the provision of direct student services; and
            ``(7) publicly report the results of direct student service 
        providers in improving relevant student outcomes in a manner 
        that is accessible to parents.

    ``(e) Providers and Schools.--A State educational agency that 
reserves an amount under subsection (a) shall--
            ``(1) ensure that each local educational agency that 
        receives an award under this section and intends to provide 
        public school choice under subsection (c)(3)(E) can provide a 
        sufficient number of options to provide a meaningful choice for 
        parents;
            ``(2) compile and maintain an updated list of State-approved 
        high-quality academic tutoring providers that--
                    ``(A) is developed using a fair negotiation and 
                rigorous selection and approval process;
                    ``(B) provides parents with meaningful choices;
                    ``(C) offers a range of tutoring models, including 
                online and on campus; and
                    ``(D) includes only providers that--
                          ``(i) have a demonstrated record of success in 
                      increasing students' academic achievement;
                          ``(ii) comply with all applicable Federal, 
                      State, and local health, safety, and civil rights 
                      laws; and
                          ``(iii) provide instruction and content that 
                      is secular, neutral, and non-ideological;
            ``(3) ensure that each local educational agency receiving an 
        award is able to provide an adequate number of high-quality 
        academic tutoring options to ensure parents have a meaningful 
        choice of services;
            ``(4) develop and implement procedures for monitoring the 
        quality of services provided by direct student service 
        providers; and
            ``(5) establish and implement clear criteria describing the 
        course of action for direct student service providers that are 
        not successful in improving student academic outcomes, which, 
        for a high-quality academic tutoring provider, may include a 
        process to remove State approval under paragraph (2).''.
SEC. 1005. STATE PLANS.

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

    ``(a) Filing for Grants.--
            ``(1) In general.--For any State desiring to receive a grant 
        under this part, the State educational agency shall file with 
        the Secretary a plan that is--
                    ``(A) developed by the State educational agency with 
                timely and meaningful consultation with the Governor, 
                members of the State legislature and State board of 
                education (if the State has a State board of education), 
                local educational agencies (including those located in 
                rural areas), representatives of Indian tribes located 
                in the State, teachers, principals, other school 
                leaders, charter school leaders (if the State has 
                charter schools), specialized instructional support 
                personnel, paraprofessionals, administrators, other 
                staff, and parents; and

[[Page 129 STAT. 1821]]

                    ``(B) is coordinated with other programs under this 
                Act, the Individuals with Disabilities Education Act (20 
                U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (20 
                U.S.C. 701 et seq.), the Carl D. Perkins Career and 
                Technical Education Act of 2006 (20 U.S.C. 2301 et 
                seq.), the Workforce Innovation and Opportunity Act (29 
                U.S.C. 3101 et seq.), the Head Start Act (42 U.S.C. 9831 
                et seq.), the Child Care and Development Block Grant Act 
                of 1990 (42 U.S.C. 9858 et seq.), the Education Sciences 
                Reform Act of 2002 (20 U.S.C. 9501 et seq.), the 
                Education Technical Assistance Act of 2002 (20 U.S.C. 
                9601 et. seq.), the National Assessment of Educational 
                Progress Authorization Act (20 U.S.C. 9621 et seq.), the 
                McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 
                et seq.), and the Adult Education and Family Literacy 
                Act (29 U.S.C. 3271 et seq.).
            ``(2) Limitation.--Consultation required under paragraph 
        (1)(A) shall not interfere with the timely submission of the 
        plan required under this section.
            ``(3) Consolidated plan.--A State plan submitted under 
        paragraph (1) may be submitted as part of a consolidated plan 
        under section 8302.
            ``(4) Peer review and secretarial approval.--
                    ``(A) In general.--The Secretary shall--
                          ``(i) establish a peer-review process to 
                      assist in the review of State plans;
                          ``(ii) establish multidisciplinary peer-review 
                      teams and appoint members of such teams--
                                    ``(I) who are representative of--
                                            ``(aa) parents, teachers, 
                                        principals, other school 
                                        leaders, specialized 
                                        instructional support personnel, 
                                        State educational agencies, 
                                        local educational agencies, and 
                                        the community (including the 
                                        business community); and
                                            ``(bb) researchers who are 
                                        familiar with--
                                                ``(AA) the 
                                            implementation of academic 
                                            standards, assessments, or 
                                            accountability systems; and
                                                ``(BB) how to meet the 
                                            needs of disadvantaged 
                                            students, children with 
                                            disabilities, and English 
                                            learners, the needs of low-
                                            performing schools, and 
                                            other educational needs of 
                                            students;
                                    ``(II) that include, to the extent 
                                practicable, majority representation of 
                                individuals who, in the most recent 2 
                                years, have had practical experience in 
                                the classroom, school administration, or 
                                State or local government (such as 
                                direct employees of a school, local 
                                educational agency, or State educational 
                                agency); and
                                    ``(III) who represent a regionally 
                                diverse 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 have reviewed State plans under this section;

[[Page 129 STAT. 1822]]

                          ``(iv) ensure that the peer-review teams 
                      consist of varied individuals so that the same 
                      peer reviewers are not reviewing all of the State 
                      plans;
                          ``(v) approve a State plan not later than 120 
                      days after its submission, unless the Secretary 
                      meets the requirements of clause (vi);
                          ``(vi) have the authority to disapprove a 
                      State plan only if--
                                    ``(I) the Secretary--
                                            ``(aa) determines how the 
                                        State plan fails to meet the 
                                        requirements of this section;
                                            ``(bb) immediately provides 
                                        to the State, in writing, notice 
                                        of such determination, and the 
                                        supporting information and 
                                        rationale to substantiate such 
                                        determination;
                                            ``(cc) offers the State an 
                                        opportunity to revise and 
                                        resubmit its State plan, and 
                                        provides the State--
                                                ``(AA) technical 
                                            assistance to assist the 
                                            State in meeting the 
                                            requirements of this 
                                            section;
                                                ``(BB) in writing, all 
                                            peer-review comments, 
                                            suggestions, 
                                            recommendations, or concerns 
                                            relating to its State plan; 
                                            and
                                                ``(CC) a hearing, unless 
                                            the State declines the 
                                            opportunity for such 
                                            hearing; and
                                    ``(II) the State--
                                            ``(aa) does not revise and 
                                        resubmit its State plan; or
                                            ``(bb) in a case in which a 
                                        State revises and resubmits its 
                                        State plan after a hearing is 
                                        conducted under subclause 
                                        (I)(cc)(CC), or after the State 
                                        has declined the opportunity for 
                                        such a hearing, the Secretary 
                                        determines that such revised 
                                        State plan does not meet the 
                                        requirements of this section.
                    ``(B) Purpose of peer review.--The peer-review 
                process shall be designed to--
                          ``(i) maximize collaboration with each State;
                          ``(ii) promote effective implementation of the 
                      challenging State academic standards through State 
                      and local innovation; and
                          ``(iii) provide transparent, timely, and 
                      objective feedback to States designed to 
                      strengthen the technical and overall quality of 
                      the State plans.
                    ``(C) Standard and nature of review.--Peer reviewers 
                shall conduct an objective review of State plans in 
                their totality and out of respect for State and local 
                judgments, with the goal of supporting State- and local-
                led innovation and providing objective feedback on the 
                technical and overall quality of a State plan.
                    ``(D) Prohibition.--Neither the Secretary nor the 
                political appointees of the Department, may attempt to 
                participate in, or influence, the peer-review process.
            ``(5) Public review.--All written communications, feedback, 
        and notifications under this subsection shall be conducted

[[Page 129 STAT. 1823]]

        in a manner that is transparent and immediately made available 
        to the public on the Department's website, including--
                    ``(A) plans submitted or resubmitted by a State;
                    ``(B) peer-review guidance, notes, and comments and 
                the names of the peer reviewers (once the peer reviewers 
                have completed their work);
                    ``(C) State plan determinations by the Secretary, 
                including approvals or disapprovals; and
                    ``(D) notices and transcripts of hearings under this 
                section.
            ``(6) Duration of the plan.--
                    ``(A) In general.--Each State plan shall--
                          ``(i) remain in effect for the duration of the 
                      State's participation under this part; and
                          ``(ii) be periodically reviewed and revised as 
                      necessary by the State educational agency to 
                      reflect changes in the State's strategies and 
                      programs under this part.
                    ``(B) Additional information.--
                          ``(i) In general.--If a State makes 
                      significant changes to its plan at any time, such 
                      as the adoption of new challenging State academic 
                      standards or new academic assessments under 
                      subsection (b), or changes to its accountability 
                      system under subsection (c), such information 
                      shall be submitted to the Secretary in the form of 
                      revisions or amendments to the State plan.
                          ``(ii) Review of revised plans.--The Secretary 
                      shall review the information submitted under 
                      clause (i) and approve changes to the State plan, 
                      or disapprove such changes in accordance with 
                      paragraph (4)(A)(vi), within 90 days, without 
                      undertaking the peer-review process under such 
                      paragraph.
                          ``(iii) Special rule for standards.--If a 
                      State makes changes to its challenging State 
                      academic standards, the requirements of subsection 
                      (b)(1), including the requirement that such 
                      standards need not be submitted to the Secretary 
                      pursuant to subsection (b)(1)(A), shall still 
                      apply.
            ``(7) Failure to meet requirements.--If a State fails to 
        meet any of the requirements of this section, the Secretary may 
        withhold funds for State administration under this part until 
        the Secretary determines that the State has fulfilled those 
        requirements.
            ``(8) Public comment.--Each State shall make the State plan 
        publicly available for public comment for a period of not less 
        than 30 days, by electronic means and in an easily accessible 
        format, prior to submission to the Secretary for approval under 
        this subsection. The State, in the plan it files under this 
        subsection, shall provide an assurance that public comments were 
        taken into account in the development of the State plan.

    ``(b) Challenging Academic Standards and Academic Assessments.--
            ``(1) Challenging state academic standards.--
                    ``(A) In general.--Each State, in the plan it files 
                under subsection (a), shall provide an assurance that 
                the State has adopted challenging academic content 
                standards and

[[Page 129 STAT. 1824]]

                aligned academic achievement standards (referred to in 
                this Act as `challenging State academic standards'), 
                which achievement standards shall include not less than 
                3 levels of achievement, that will be used by the State, 
                its local educational agencies, and its schools to carry 
                out this part. A State shall not be required to submit 
                such challenging State academic standards to the 
                Secretary.
                    ``(B) Same standards.--Except as provided in 
                subparagraph (E), the standards required by subparagraph 
                (A) shall--
                          ``(i) apply to all public schools and public 
                      school students in the State; and
                          ``(ii) with respect to academic achievement 
                      standards, include the same knowledge, skills, and 
                      levels of achievement expected of all public 
                      school students in the State.
                    ``(C) Subjects.--The State shall have such academic 
                standards for mathematics, reading or language arts, and 
                science, and may have such standards for any other 
                subject determined by the State.
                    ``(D) Alignment.--
                          ``(i) In general.--Each State shall 
                      demonstrate that the challenging State academic 
                      standards are aligned with entrance requirements 
                      for credit-bearing coursework in the system of 
                      public higher education in the State and relevant 
                      State career and technical education standards.
                          ``(ii) Rule of construction.--Nothing in this 
                      Act shall be construed to authorize public 
                      institutions of higher education to determine the 
                      specific challenging State academic standards 
                      required under this paragraph.
                    ``(E) Alternate academic achievement standards for 
                students with the most significant cognitive 
                disabilities.--
                          ``(i) In general.--The State may, through a 
                      documented and validated standards-setting 
                      process, adopt alternate academic achievement 
                      standards for students with the most significant 
                      cognitive disabilities, provided those standards--
                                    ``(I) are aligned with the 
                                challenging State academic content 
                                standards under subparagraph (A);
                                    ``(II) promote access to the general 
                                education curriculum, consistent with 
                                the Individuals with Disabilities 
                                Education Act (20 U.S.C. 1400 et seq.);
                                    ``(III) reflect professional 
                                judgment as to the highest possible 
                                standards achievable by such students;
                                    ``(IV) are designated in the 
                                individualized education program 
                                developed under section 614(d)(3) of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1414(d)(3)) for each such 
                                student as the academic achievement 
                                standards that will be used for the 
                                student; and
                                    ``(V) are aligned to ensure that a 
                                student who meets the alternate academic 
                                achievement standards is on track to 
                                pursue postsecondary education

[[Page 129 STAT. 1825]]

                                or employment, consistent with the 
                                purposes of Public Law 93-112, as in 
                                effect on July 22, 2014.
                          ``(ii) Prohibition on any other alternate or 
                      modified academic achievement standards.--A State 
                      shall not develop, or implement for use under this 
                      part, any alternate academic achievement standards 
                      for children with disabilities that are not 
                      alternate academic achievement standards that meet 
                      the requirements of clause (i).
                    ``(F) English language proficiency standards.--Each 
                State plan shall demonstrate that the State has adopted 
                English language proficiency standards that--
                          ``(i) are derived from the 4 recognized 
                      domains of speaking, listening, reading, and 
                      writing;
                          ``(ii) address the different proficiency 
                      levels of English learners; and
                          ``(iii) are aligned with the challenging State 
                      academic standards.
                    ``(G) Prohibitions.--
                          ``(i) Standards review or approval.--A State 
                      shall not be required to submit any standards 
                      developed under this subsection to the Secretary 
                      for review or approval.
                          ``(ii) Federal control.--The Secretary shall 
                      not have the authority to mandate, direct, 
                      control, coerce, or exercise any direction or 
                      supervision over any of the challenging State 
                      academic standards adopted or implemented by a 
                      State.
                    ``(H) Existing standards.--Nothing in this part 
                shall prohibit a State from revising, consistent with 
                this section, any standards adopted under this part 
                before or after the date of enactment of the Every 
                Student Succeeds Act.
            ``(2) Academic assessments.--
                    ``(A) In general.--Each State plan shall demonstrate 
                that the State educational agency, in consultation with 
                local educational agencies, has implemented a set of 
                high-quality student academic assessments in 
                mathematics, reading or language arts, and science. The 
                State retains the right to implement such assessments in 
                any other subject chosen by the State.
                    ``(B) Requirements.--The assessments under 
                subparagraph (A) shall--
                          ``(i) except as provided in subparagraph (D), 
                      be--
                                    ``(I) the same academic assessments 
                                used to measure the achievement of all 
                                public elementary school and secondary 
                                school students in the State; and
                                    ``(II) administered to all public 
                                elementary school and secondary school 
                                students in the State;
                          ``(ii) be aligned with the challenging State 
                      academic standards, and provide coherent and 
                      timely information about student attainment of 
                      such standards and whether the student is 
                      performing at the student's grade level;
                          ``(iii) be used for purposes for which such 
                      assessments are valid and reliable, consistent 
                      with relevant, nationally recognized professional 
                      and technical testing

[[Page 129 STAT. 1826]]

                      standards, objectively measure academic 
                      achievement, knowledge, and skills, and be tests 
                      that do not evaluate or assess personal or family 
                      beliefs and attitudes, or publicly disclose 
                      personally identifiable information;
                          ``(iv) be of adequate technical quality for 
                      each purpose required under this Act and 
                      consistent with the requirements of this section, 
                      the evidence of which shall be made public, 
                      including on the website of the State educational 
                      agency;
                          ``(v)(I) in the case of mathematics and 
                      reading or language arts, be administered--
                                    ``(aa) in each of grades 3 through 
                                8; and
                                    ``(bb) at least once in grades 9 
                                through 12;
                          ``(II) in the case of science, be administered 
                      not less than one time during--
                                    ``(aa) grades 3 through 5;
                                    ``(bb) grades 6 through 9; and
                                    ``(cc) grades 10 through 12; and
                          ``(III) in the case of any other subject 
                      chosen by the State, be administered at the 
                      discretion of the State;
                          ``(vi) involve multiple up-to-date measures of 
                      student academic achievement, including measures 
                      that assess higher-order thinking skills and 
                      understanding, which may include measures of 
                      student academic growth and may be partially 
                      delivered in the form of portfolios, projects, or 
                      extended performance tasks;
                          ``(vii) provide for--
                                    ``(I) the participation in such 
                                assessments of all students;
                                    ``(II) the appropriate 
                                accommodations, such as interoperability 
                                with, and ability to use, assistive 
                                technology, for children with 
                                disabilities (as defined in section 
                                602(3) of the Individuals with 
                                Disabilities Education Act (20 U.S.C. 
                                1401(3))), including students with the 
                                most significant cognitive disabilities, 
                                and students with a disability who are 
                                provided accommodations under an Act 
                                other than the Individuals with 
                                Disabilities Education Act (20 U.S.C. 
                                1400 et seq.), necessary to measure the 
                                academic achievement of such children 
                                relative to the challenging State 
                                academic standards or alternate academic 
                                achievement standards described in 
                                paragraph (1)(E); and
                                    ``(III) the inclusion of English 
                                learners, who shall be assessed in a 
                                valid and reliable manner and provided 
                                appropriate accommodations on 
                                assessments administered to such 
                                students under this paragraph, 
                                including, to the extent practicable, 
                                assessments in the language and form 
                                most likely to yield accurate data on 
                                what such students know and can do in 
                                academic content areas, until such 
                                students have achieved English language 
                                proficiency, as determined under 
                                subparagraph (G);
                          ``(viii) at the State's discretion--

[[Page 129 STAT. 1827]]

                                    ``(I) be administered through a 
                                single summative assessment; or
                                    ``(II) be administered through 
                                multiple statewide interim assessments 
                                during the course of the academic year 
                                that result in a single summative score 
                                that provides valid, reliable, and 
                                transparent information on student 
                                achievement or growth;
                          ``(ix) notwithstanding clause (vii)(III), 
                      provide for assessments (using tests in English) 
                      of reading or language arts of any student who has 
                      attended school in the United States (not 
                      including the Commonwealth of Puerto Rico) for 3 
                      or more consecutive school years, except that if 
                      the local educational agency determines, on a 
                      case-by-case individual basis, that academic 
                      assessments in another language or form would 
                      likely yield more accurate and reliable 
                      information on what such student knows and can do, 
                      the local educational agency may make a 
                      determination to assess such student in the 
                      appropriate language other than English for a 
                      period that does not exceed 2 additional 
                      consecutive years, provided that such student has 
                      not yet reached a level of English language 
                      proficiency sufficient to yield valid and reliable 
                      information on what such student knows and can do 
                      on tests (written in English) of reading or 
                      language arts;
                          ``(x) produce individual student interpretive, 
                      descriptive, and diagnostic reports, consistent 
                      with clause (iii), regarding achievement on such 
                      assessments that allow parents, teachers, 
                      principals, and other school leaders to understand 
                      and address the specific academic needs of 
                      students, and that are provided to parents, 
                      teachers, and school leaders, as soon as is 
                      practicable after the assessment is given, in an 
                      understandable and uniform format, and to the 
                      extent practicable, in a language that parents can 
                      understand;
                          ``(xi) enable results to be disaggregated 
                      within each State, local educational agency, and 
                      school by--
                                    ``(I) each major racial and ethnic 
                                group;
                                    ``(II) economically disadvantaged 
                                students as compared to students who are 
                                not economically disadvantaged;
                                    ``(III) children with disabilities 
                                as compared to children without 
                                disabilities;
                                    ``(IV) English proficiency status;
                                    ``(V) gender; and
                                    ``(VI) migrant status,
                      except that such disaggregation shall not be 
                      required in the case of a State, local educational 
                      agency, or a school in which the number of 
                      students in a subgroup is insufficient to yield 
                      statistically reliable information or the results 
                      would reveal personally identifiable information 
                      about an individual student;
                          ``(xii) enable itemized score analyses to be 
                      produced 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

[[Page 129 STAT. 1828]]

                      students as indicated by the students' achievement 
                      on assessment items; and
                          ``(xiii) be developed, to the extent 
                      practicable, using the principles of universal 
                      design for learning.
                    ``(C) Exception for advanced mathematics in middle 
                school.--A State may exempt any 8th grade student from 
                the assessment in mathematics described in subparagraph 
                (B)(v)(I)(aa) if--
                          ``(i) such student takes the end-of-course 
                      assessment the State typically administers to meet 
                      the requirements of subparagraph (B)(v)(I)(bb) in 
                      mathematics;
                          ``(ii) such student's achievement on such end-
                      of-course assessment is used for purposes of 
                      subsection (c)(4)(B)(i), in lieu of such student's 
                      achievement on the mathematics assessment required 
                      under subparagraph (B)(v)(I)(aa), and such student 
                      is counted as participating in the assessment for 
                      purposes of subsection (c)(4)(B)(vi); and
                          ``(iii) in high school, such student takes a 
                      mathematics assessment pursuant to subparagraph 
                      (B)(v)(I)(bb) that--
                                    ``(I) is any end-of-course 
                                assessment or other assessment that is 
                                more advanced than the assessment taken 
                                by such student under clause (i) of this 
                                subparagraph; and
                                    ``(II) shall be used to measure such 
                                student's academic achievement for 
                                purposes of subsection (c)(4)(B)(i).
                    ``(D) Alternate assessments for students with the 
                most significant cognitive disabilities.--
                          ``(i) Alternate assessments aligned with 
                      alternate academic achievement standards.--A State 
                      may provide for alternate assessments aligned with 
                      the challenging State academic standards and 
                      alternate academic achievement standards described 
                      in paragraph (1)(E) for students with the most 
                      significant cognitive disabilities, if the State--
                                    ``(I) consistent with clause (ii), 
                                ensures that, for each subject, the 
                                total number of students assessed in 
                                such subject using the alternate 
                                assessments does not exceed 1 percent of 
                                the total number of all students in the 
                                State who are assessed in such subject;
                                    ``(II) ensures that the parents of 
                                such students are clearly informed, as 
                                part of the process for developing the 
                                individualized education program (as 
                                defined in section 614(d)(1)(A) of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1414(d)(1)(A)))--
                                            ``(aa) that their child's 
                                        academic achievement will be 
                                        measured based on such alternate 
                                        standards; and
                                            ``(bb) how participation in 
                                        such assessments may delay or 
                                        otherwise affect the student 
                                        from completing the requirements 
                                        for a regular high school 
                                        diploma;

[[Page 129 STAT. 1829]]

                                    ``(III) promotes, consistent with 
                                the Individuals with Disabilities 
                                Education Act (20 U.S.C. 1400 et seq.), 
                                the involvement and progress of students 
                                with the most significant cognitive 
                                disabilities in the general education 
                                curriculum;
                                    ``(IV) describes in the State plan 
                                the steps the State has taken to 
                                incorporate universal design for 
                                learning, to the extent feasible, in 
                                alternate assessments;
                                    ``(V) describes in the State plan 
                                that general and special education 
                                teachers, and other appropriate staff--
                                            ``(aa) know how to 
                                        administer the alternate 
                                        assessments; and
                                            ``(bb) make appropriate use 
                                        of accommodations for students 
                                        with disabilities on all 
                                        assessments required under this 
                                        paragraph;
                                    ``(VI) develops, disseminates 
                                information on, and promotes the use of 
                                appropriate accommodations to increase 
                                the number of students with significant 
                                cognitive disabilities--
                                            ``(aa) participating in 
                                        academic instruction and 
                                        assessments for the grade level 
                                        in which the student is 
                                        enrolled; and
                                            ``(bb) who are tested based 
                                        on challenging State academic 
                                        standards for the grade level in 
                                        which the student is enrolled; 
                                        and
                                    ``(VII) does not preclude a student 
                                with the most significant cognitive 
                                disabilities who takes an alternate 
                                assessment based on alternate academic 
                                achievement standards from attempting to 
                                complete the requirements for a regular 
                                high school diploma.
                          ``(ii) Special rules.--
                                    ``(I) Responsibility under idea.--
                                Subject to the authority and 
                                requirements for the individualized 
                                education program team for a child with 
                                a disability under section 
                                614(d)(1)(A)(i)(VI)(bb) of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 
                                1414(d)(1)(A)(i)(VI)(bb)), such team, 
                                consistent with the guidelines 
                                established by the State and required 
                                under section 612(a)(16)(C) of such Act 
                                (20 U.S.C. 1412(c)(16)(C)) and clause 
                                (i)(II) of this subparagraph, shall 
                                determine when a child with a 
                                significant cognitive disability shall 
                                participate in an alternate assessment 
                                aligned with the alternate academic 
                                achievement standards.
                                    ``(II) Prohibition on local cap.--
                                Nothing in this subparagraph shall be 
                                construed to permit the Secretary or a 
                                State educational agency to impose on 
                                any local educational agency a cap on 
                                the percentage of students administered 
                                an alternate assessment under this 
                                subparagraph, except that a local 
                                educational agency exceeding the cap 
                                applied to the State under clause (i)(I) 
                                shall submit information to the State 
                                educational agency justifying the need 
                                to exceed such cap.

[[Page 129 STAT. 1830]]

                                    ``(III) State support.--A State 
                                shall provide appropriate oversight, as 
                                determined by the State, of any local 
                                educational agency that is required to 
                                submit information to the State under 
                                subclause (II).
                                    ``(IV) Waiver authority.--This 
                                subparagraph shall be subject to the 
                                waiver authority under section 8401.
                    ``(E) State authority.--If a State educational 
                agency provides evidence, which is satisfactory to the 
                Secretary, that neither the State educational agency nor 
                any other State government official, agency, or entity 
                has sufficient authority, under State law, to adopt 
                challenging State academic standards, and academic 
                assessments aligned with such standards, which will be 
                applicable to all students enrolled in the State's 
                public elementary schools and secondary schools, then 
                the State educational agency may meet the requirements 
                of this subsection by--
                          ``(i) adopting academic standards and academic 
                      assessments that meet the requirements of this 
                      subsection, on a statewide basis, and limiting 
                      their applicability to students served under this 
                      part; or
                          ``(ii) adopting and implementing policies that 
                      ensure that each local educational agency in the 
                      State that receives grants under this part will 
                      adopt academic content and student academic 
                      achievement standards, and academic assessments 
                      aligned with such standards, which--
                                    ``(I) meet all of the criteria in 
                                this subsection and any regulations 
                                regarding such standards and assessments 
                                that the Secretary may publish; and
                                    ``(II) are applicable to all 
                                students served by each such local 
                                educational agency.
                    ``(F) Language assessments.--
                          ``(i) In general.--Each State plan shall 
                      identify the languages other than English that are 
                      present to a significant extent in the 
                      participating student population of the State and 
                      indicate the languages for which annual student 
                      academic assessments are not available and are 
                      needed.
                          ``(ii) Secretarial assistance.--The State 
                      shall make every effort to develop such 
                      assessments and may request assistance from the 
                      Secretary if linguistically accessible academic 
                      assessment measures are needed. Upon request, the 
                      Secretary shall assist with the identification of 
                      appropriate academic assessment measures in the 
                      needed languages, but shall not mandate a specific 
                      academic assessment or mode of instruction.
                    ``(G) Assessments of english language proficiency.--
                          ``(i) In general.--Each State plan shall 
                      demonstrate that local educational agencies in the 
                      State will provide for an annual assessment of 
                      English proficiency of all English learners in the 
                      schools served by the State educational agency.

[[Page 129 STAT. 1831]]

                          ``(ii) Alignment.--The assessments described 
                      in clause (i) shall be aligned with the State's 
                      English language proficiency standards described 
                      in paragraph (1)(F).
                    ``(H) Locally-selected assessment.--
                          ``(i) In general.--Nothing in this paragraph 
                      shall be construed to prohibit a local educational 
                      agency from administering a locally-selected 
                      assessment in lieu of the State-designed academic 
                      assessment under subclause (I)(bb) and subclause 
                      (II)(cc) of subparagraph (B)(v), if the local 
                      educational agency selects a nationally-recognized 
                      high school academic assessment that has been 
                      approved for use by the State as described in 
                      clause (iii) or (iv) of this subparagraph.
                          ``(ii) State technical criteria.--To allow for 
                      State approval of nationally-recognized high 
                      school academic assessments that are available for 
                      local selection under clause (i), a State 
                      educational agency shall establish technical 
                      criteria to determine if any such assessment meets 
                      the requirements of clause (v).
                          ``(iii) State approval.--If a State 
                      educational agency chooses to make a nationally-
                      recognized high school assessment available for 
                      selection by a local educational agency under 
                      clause (i), which has not already been approved 
                      under this clause, such State educational agency 
                      shall--
                                    ``(I) conduct a review of the 
                                assessment to determine if such 
                                assessment meets or exceeds the 
                                technical criteria established by the 
                                State educational agency under clause 
                                (ii);
                                    ``(II) submit evidence in accordance 
                                with subsection (a)(4) that demonstrates 
                                such assessment meets the requirements 
                                of clause (v); and
                                    ``(III) after fulfilling the 
                                requirements of subclauses (I) and (II), 
                                approve such assessment for selection 
                                and use by any local educational agency 
                                that requests to use such assessment 
                                under clause (i).
                          ``(iv) Local educational agency option.--
                                    ``(I) Local educational agency.--If 
                                a local educational agency chooses to 
                                submit a nationally-recognized high 
                                school academic assessment to the State 
                                educational agency, subject to the 
                                approval process described in subclause 
                                (I) and subclause (II) of clause (iii) 
                                to determine if such assessment fulfills 
                                the requirements of clause (v), the 
                                State educational agency may approve the 
                                use of such assessment consistent with 
                                clause (i).
                                    ``(II) State educational agency.--
                                Upon such approval, the State 
                                educational agency shall approve the use 
                                of such assessment in any other local 
                                educational agency in the State that 
                                subsequently requests to use such 
                                assessment without repeating the process 
                                described in subclauses (I) and (II) of 
                                clause (iii).

[[Page 129 STAT. 1832]]

                          ``(v) Requirements.--To receive approval from 
                      the State educational agency under clause (iii), a 
                      locally-selected assessment shall--
                                    ``(I) be aligned to the State's 
                                academic content standards under 
                                paragraph (1), address the depth and 
                                breadth of such standards, and be 
                                equivalent in its content coverage, 
                                difficulty, and quality to the State-
                                designed assessments under this 
                                paragraph (and may be more rigorous in 
                                its content coverage and difficulty than 
                                such State-designed assessments);
                                    ``(II) provide comparable, valid, 
                                and reliable data on academic 
                                achievement, as compared to the State-
                                designed assessments, for all students 
                                and for each subgroup of students 
                                defined in subsection (c)(2), with 
                                results expressed in terms consistent 
                                with the State's academic achievement 
                                standards under paragraph (1), among all 
                                local educational agencies within the 
                                State;
                                    ``(III) meet the requirements for 
                                the assessments under subparagraph (B) 
                                of this paragraph, including technical 
                                criteria, except the requirement under 
                                clause (i) of such subparagraph; and
                                    ``(IV) provide unbiased, rational, 
                                and consistent differentiation between 
                                schools within the State to meet the 
                                requirements of subsection (c).
                          ``(vi) Parental notification.--A local 
                      educational agency shall notify the parents of 
                      high school students served by the local 
                      educational agency--
                                    ``(I) of its request to the State 
                                educational agency for approval to 
                                administer a locally-selected 
                                assessment; and
                                    ``(II) upon approval, and at the 
                                beginning of each subsequent school year 
                                during which the locally selected 
                                assessment will be administered, that 
                                the local educational agency will be 
                                administering a different assessment 
                                than the State-designed assessments 
                                under subclause (I)(bb) and subclause 
                                (II)(cc) of subparagraph (B)(v).
                    ``(I) Deferral.--A State may defer the commencement, 
                or suspend the administration, but not cease the 
                development, of the assessments described in this 
                paragraph, for 1 year for each year for which the amount 
                appropriated for grants under part B is less than 
                $369,100,000.
                    ``(J) Adaptive assessments.--
                          ``(i) In general.--Subject to clause (ii), a 
                      State retains the right to develop and administer 
                      computer adaptive assessments as the assessments 
                      described in this paragraph, provided the computer 
                      adaptive assessments meet the requirements of this 
                      paragraph, except that--
                                    ``(I) subparagraph (B)(i) shall not 
                                be interpreted to require that all 
                                students taking the computer adaptive 
                                assessment be administered the same 
                                assessment items; and
                                    ``(II) such assessment--

[[Page 129 STAT. 1833]]

                                            ``(aa) shall measure, at a 
                                        minimum, each student's academic 
                                        proficiency based on the 
                                        challenging State academic 
                                        standards for the student's 
                                        grade level and growth toward 
                                        such standards; and
                                            ``(bb) may measure the 
                                        student's level of academic 
                                        proficiency and growth using 
                                        items above or below the 
                                        student's grade level, including 
                                        for use as part of a State's 
                                        accountability system under 
                                        subsection (c).
                          ``(ii) Students with the most significant 
                      cognitive disabilities and english learners.--In 
                      developing and administering computer adaptive 
                      assessments--
                                    ``(I) as the assessments allowed 
                                under subparagraph (D), a State shall 
                                ensure that such computer adaptive 
                                assessments--
                                            ``(aa) meet the requirements 
                                        of this paragraph, including 
                                        subparagraph (D), except such 
                                        assessments shall not be 
                                        required to meet the 
                                        requirements of clause (i)(II); 
                                        and
                                            ``(bb) assess the student's 
                                        academic achievement to measure, 
                                        in the subject being assessed, 
                                        whether the student is 
                                        performing at the student's 
                                        grade level; and
                                    ``(II) as the assessments required 
                                under subparagraph (G), a State shall 
                                ensure that such computer adaptive 
                                assessments--
                                            ``(aa) meet the requirements 
                                        of this paragraph, including 
                                        subparagraph (G), except such 
                                        assessment shall not be required 
                                        to meet the requirements of 
                                        clause (i)(II); and
                                            ``(bb) assess the student's 
                                        language proficiency, which may 
                                        include growth towards such 
                                        proficiency, in order to measure 
                                        the student's acquisition of 
                                        English.
                    ``(K) Rule of construction on parent rights.--
                Nothing in this paragraph shall be construed as 
                preempting a State or local law regarding the decision 
                of a parent to not have the parent's child participate 
                in the academic assessments under this paragraph.
                    ``(L) Limitation on assessment time.--Subject to 
                Federal or State requirements related to assessments, 
                evaluations, and accommodations, each State may, at the 
                sole discretion of such State, set a target limit on the 
                aggregate amount of time devoted to the administration 
                of assessments for each grade, expressed as a percentage 
                of annual instructional hours.
            ``(3) Exception for recently arrived english learners.--
                    ``(A) Assessments.--With respect to recently arrived 
                English learners who have been enrolled in a school in 
                one of the 50 States in the United States or the 
                District of Columbia for less than 12 months, a State 
                may choose to--
                          ``(i) exclude--

[[Page 129 STAT. 1834]]

                                    ``(I) such an English learner from 
                                one administration of the reading or 
                                language arts assessment required under 
                                paragraph (2); and
                                    ``(II) such an English learner's 
                                results on any of the assessments 
                                required under paragraph (2)(B)(v)(I) or 
                                (2)(G) for the first year of the English 
                                learner's enrollment in such a school 
                                for the purposes of the State-determined 
                                accountability system under subsection 
                                (c); or
                          ``(ii)(I) assess, and report the performance 
                      of, such an English learner on the reading or 
                      language arts and mathematics assessments required 
                      under paragraph (2)(B)(v)(I) in each year of the 
                      student's enrollment in such a school; and
                          ``(II) for the purposes of the State-
                      determined accountability system--
                                    ``(aa) for the first year of the 
                                student's enrollment in such a school, 
                                exclude the results on the assessments 
                                described in subclause (I);
                                    ``(bb) include a measure of student 
                                growth on the assessments described in 
                                subclause (I) in the second year of the 
                                student's enrollment in such a school; 
                                and
                                    ``(cc) include proficiency on the 
                                assessments described in subclause (I) 
                                in the third year of the student's 
                                enrollment in such a school, and each 
                                succeeding year of such enrollment.
                    ``(B) English learner subgroup.--With respect to a 
                student previously identified as an English learner and 
                for not more than 4 years after the student ceases to be 
                identified as an English learner, a State may include 
                the results of the student's assessments under paragraph 
                (2)(B)(v)(I) within the English learner subgroup of the 
                subgroups of students (as defined in subsection 
                (c)(2)(D)) for the purposes of the State-determined 
                accountability system.

    ``(c) Statewide Accountability System.--
            ``(1) In general.--Each State plan shall describe a 
        statewide accountability system that complies with the 
        requirements of this subsection and subsection (d).
            ``(2) Subgroup of students.--In this subsection and 
        subsection (d), the term `subgroup of students' means--
                    ``(A) economically disadvantaged students;
                    ``(B) students from major racial and ethnic groups;
                    ``(C) children with disabilities; and
                    ``(D) English learners.
            ``(3) Minimum number of students.--Each State shall 
        describe--
                    ``(A) with respect to any provisions under this part 
                that require disaggregation of information by each 
                subgroup of students--
                          ``(i) the minimum number of students that the 
                      State determines are necessary to be included to 
                      carry out such requirements and how that number is 
                      statistically sound, which shall be the same 
                      State-determined number for all students and for 
                      each subgroup of students in the State;

[[Page 129 STAT. 1835]]

                          ``(ii) how such minimum number of students was 
                      determined by the State, including how the State 
                      collaborated with teachers, principals, other 
                      school leaders, parents, and other stakeholders 
                      when determining such minimum number; and
                          ``(iii) how the State ensures that such 
                      minimum number is sufficient to not reveal any 
                      personally identifiable information.
            ``(4) Description of system.--The statewide accountability 
        system described in paragraph (1) shall be based on the 
        challenging State academic standards for reading or language 
        arts and mathematics described in subsection (b)(1) to improve 
        student academic achievement and school success. In designing 
        such system to meet the requirements of this part, the State 
        shall carry out the following:
                    ``(A) Establishment of long-term goals.--Establish 
                ambitious State-designed long-term goals, which shall 
                include measurements of interim progress toward meeting 
                such goals--
                          ``(i) for all students and separately for each 
                      subgroup of students in the State--
                                    ``(I) for, at a minimum, improved--
                                            ``(aa) academic achievement, 
                                        as measured by proficiency on 
                                        the annual assessments required 
                                        under subsection 
                                        (b)(2)(B)(v)(I); and
                                            ``(bb) high school 
                                        graduation rates, including--
                                                ``(AA) the four-year 
                                            adjusted cohort graduation 
                                            rate; and
                                                ``(BB) at the State's 
                                            discretion, the extended-
                                            year adjusted cohort 
                                            graduation rate, except that 
                                            the State shall set a more 
                                            rigorous long-term goal for 
                                            such graduation rate, as 
                                            compared to the long-term 
                                            goal set for the four-year 
                                            adjusted cohort graduation 
                                            rate;
                                    ``(II) for which the term set by the 
                                State for such goals is the same multi-
                                year length of time for all students and 
                                for each subgroup of students in the 
                                State; and
                                    ``(III) that, for subgroups of 
                                students who are behind on the measures 
                                described in items (aa) and (bb) of 
                                subclause (I), take into account the 
                                improvement necessary on such measures 
                                to make significant progress in closing 
                                statewide proficiency and graduation 
                                rate gaps; and
                          ``(ii) for English learners, for increases in 
                      the percentage of such students making progress in 
                      achieving English language proficiency, as defined 
                      by the State and measured by the assessments 
                      described in subsection (b)(2)(G), within a State-
                      determined timeline.
                    ``(B) Indicators.--Except for the indicator 
                described in clause (iv), annually measure, for all 
                students and separately for each subgroup of students, 
                the following indicators:

[[Page 129 STAT. 1836]]

                          ``(i) For all public schools in the State, 
                      based on the long-term goals established under 
                      subparagraph (A), academic achievement--
                                    ``(I) as measured by proficiency on 
                                the annual assessments required under 
                                subsection (b)(2)(B)(v)(I); and
                                    ``(II) at the State's discretion, 
                                for each public high school in the 
                                State, student growth, as measured by 
                                such annual assessments.
                          ``(ii) For public elementary schools and 
                      secondary schools that are not high schools in the 
                      State--
                                    ``(I) a measure of student growth, 
                                if determined appropriate by the State; 
                                or
                                    ``(II) another valid and reliable 
                                statewide academic indicator that allows 
                                for meaningful differentiation in school 
                                performance.
                          ``(iii) For public high schools in the State, 
                      and based on State-designed long term goals 
                      established under subparagraph (A)--
                                    ``(I) the four-year adjusted cohort 
                                graduation rate; and
                                    ``(II) at the State's discretion, 
                                the extended-year adjusted cohort 
                                graduation rate.
                          ``(iv) For public schools in the State, 
                      progress in achieving English language 
                      proficiency, as defined by the State and measured 
                      by the assessments described in subsection 
                      (b)(2)(G), within a State-determined timeline for 
                      all English learners--
                                    ``(I) in each of the grades 3 
                                through 8; and
                                    ``(II) in the grade for which such 
                                English learners are otherwise assessed 
                                under subsection (b)(2)(B)(v)(I) during 
                                the grade 9 through grade 12 period, 
                                with such progress being measured 
                                against the results of the assessments 
                                described in subsection (b)(2)(G) taken 
                                in the previous grade.
                          ``(v)(I) For all public schools in the State, 
                      not less than one indicator of school quality or 
                      student success that--
                                    ``(aa) allows for meaningful 
                                differentiation in school performance;
                                    ``(bb) is valid, reliable, 
                                comparable, and statewide (with the same 
                                indicator or indicators used for each 
                                grade span, as such term is determined 
                                by the State); and
                                    ``(cc) may include one or more of 
                                the measures described in subclause 
                                (II).
                          ``(II) For purposes of subclause (I), the 
                      State may include measures of--
                                    ``(III) student engagement;
                                    ``(IV) educator engagement;
                                    ``(V) student access to and 
                                completion of advanced coursework;
                                    ``(VI) postsecondary readiness;
                                    ``(VII) school climate and safety; 
                                and
                                    ``(VIII) any other indicator the 
                                State chooses that meets the 
                                requirements of this clause.

[[Page 129 STAT. 1837]]

                    ``(C) Annual meaningful differentiation.--Establish 
                a system of meaningfully differentiating, on an annual 
                basis, all public schools in the State, which shall--
                          ``(i) be based on all indicators in the 
                      State's accountability system under subparagraph 
                      (B), for all students and for each of subgroup of 
                      students, consistent with the requirements of such 
                      subparagraph;
                          ``(ii) with respect to the indicators 
                      described in clauses (i) through (iv) of 
                      subparagraph (B) afford--
                                    ``(I) substantial weight to each 
                                such indicator; and
                                    ``(II) in the aggregate, much 
                                greater weight than is afforded to the 
                                indicator or indicators utilized by the 
                                State and described in subparagraph 
                                (B)(v), in the aggregate; and
                          ``(iii) include differentiation of any such 
                      school in which any subgroup of students is 
                      consistently underperforming, as determined by the 
                      State, based on all indicators under subparagraph 
                      (B) and the system established under this 
                      subparagraph.
                    ``(D) Identification of schools.--Based on the 
                system of meaningful differentiation described in 
                subparagraph (C), establish a State-determined 
                methodology to identify--
                          ``(i) beginning with school year 2017-2018, 
                      and at least once every three school years 
                      thereafter, one statewide category of schools for 
                      comprehensive support and improvement, as 
                      described in subsection (d)(1), which shall 
                      include--
                                    ``(I) not less than the lowest-
                                performing 5 percent of all schools 
                                receiving funds under this part in the 
                                State;
                                    ``(II) all public high schools in 
                                the State failing to graduate one third 
                                or more of their students; and
                                    ``(III) public schools in the State 
                                described under subsection 
                                (d)(3)(A)(i)(II); and
                          ``(ii) at the discretion of the State, 
                      additional statewide categories of schools.
                    ``(E) Annual measurement of achievement.--(i) 
                Annually measure the achievement of not less than 95 
                percent of all students, and 95 percent of all students 
                in each subgroup of students, who are enrolled in public 
                schools on the assessments described under subsection 
                (b)(2)(v)(I).
                    ``(ii) For the purpose of measuring, calculating, 
                and reporting on the indicator described in subparagraph 
                (B)(i), include in the denominator the greater of--
                          ``(I) 95 percent of all such students, or 95 
                      percent of all such students in the subgroup, as 
                      the case may be; or
                          ``(II) the number of students participating in 
                      the assessments.
                    ``(iii) Provide a clear and understandable 
                explanation of how the State will factor the requirement 
                of clause (i) of this subparagraph into the statewide 
                accountability system.

[[Page 129 STAT. 1838]]

                    ``(F) Partial attendance.--(i) In the case of a 
                student who has not attended the same school within a 
                local educational agency for at least half of a school 
                year, the performance of such student on the indicators 
                described in clauses (i), (ii), (iv), and (v) of 
                subparagraph (B)--
                          ``(I) may not be used in the system of 
                      meaningful differentiation of all public schools 
                      as described in subparagraph (C) for such school 
                      year; and
                          ``(II) shall be used for the purpose of 
                      reporting on the State and local educational 
                      agency report cards under subsection (h) for such 
                      school year.
                    ``(ii) In the case of a high school student who has 
                not attended the same school within a local educational 
                agency for at least half of a school year and has exited 
                high school without a regular high school diploma and 
                without transferring to another high school that grants 
                a regular high school diploma during such school year, 
                the local educational agency shall, in order to 
                calculate the graduation rate pursuant to subparagraph 
                (B)(iii), assign such student to the high school--
                          ``(I) at which such student was enrolled for 
                      the greatest proportion of school days while 
                      enrolled in grades 9 through 12; or
                          ``(II) in which the student was most recently 
                      enrolled.
            ``(5) Accountability for charter schools.--The 
        accountability provisions under this Act shall be overseen for 
        charter schools in accordance with State charter school law.

    ``(d) School Support and Improvement Activities.--
            ``(1) Comprehensive support and improvement.--
                    ``(A) In general.--Each State educational agency 
                receiving funds under this part shall notify each local 
                educational agency in the State of any school served by 
                the local educational agency that is identified for 
                comprehensive support and improvement under subsection 
                (c)(4)(D)(i).
                    ``(B) Local educational agency action.--Upon 
                receiving such information from the State, the local 
                educational agency shall, for each school identified by 
                the State and in partnership with stakeholders 
                (including principals and other school leaders, 
                teachers, and parents), locally develop and implement a 
                comprehensive support and improvement plan for the 
                school to improve student outcomes, that--
                          ``(i) is informed by all indicators described 
                      in subsection (c)(4)(B), including student 
                      performance against State-determined long-term 
                      goals;
                          ``(ii) includes evidence-based interventions;
                          ``(iii) is based on a school-level needs 
                      assessment;
                          ``(iv) identifies resource inequities, which 
                      may include a review of local educational agency 
                      and school-level budgeting, to be addressed 
                      through implementation of such comprehensive 
                      support and improvement plan;
                          ``(v) is approved by the school, local 
                      educational agency, and State educational agency; 
                      and

[[Page 129 STAT. 1839]]

                          ``(vi) upon approval and implementation, is 
                      monitored and periodically reviewed by the State 
                      educational agency.
                    ``(C) State educational agency discretion.--With 
                respect to any high school in the State identified under 
                subsection (c)(4)(D)(i)(II), the State educational 
                agency may--
                          ``(i) permit differentiated improvement 
                      activities that utilize evidence-based 
                      interventions in the case of such a school that 
                      predominantly serves students--
                                    ``(I) returning to education after 
                                having exited secondary school without a 
                                regular high school diploma; or
                                    ``(II) who, based on their grade or 
                                age, are significantly off track to 
                                accumulate sufficient academic credits 
                                to meet high school graduation 
                                requirements, as established by the 
                                State; and
                          ``(ii) in the case of such a school that has a 
                      total enrollment of less than 100 students, permit 
                      the local educational agency to forego 
                      implementation of improvement activities required 
                      under this paragraph.
                    ``(D) Public school choice.--
                          ``(i) In general.--A local educational agency 
                      may provide all students enrolled in a school 
                      identified by the State for comprehensive support 
                      and improvement under subsection (c)(4)(D)(i) with 
                      the option to transfer to another public school 
                      served by the local educational agency, unless 
                      such an option is prohibited by State law.
                          ``(ii) Priority.--In providing students the 
                      option to transfer to another public school, the 
                      local educational agency shall give priority to 
                      the lowest-achieving children from low-income 
                      families, as determined by the local educational 
                      agency for the purposes of allocating funds to 
                      schools under section 1113(a)(3).
                          ``(iii) Treatment.--A student who uses the 
                      option to transfer to another public school shall 
                      be enrolled in classes and other activities in the 
                      public school to which the student transfers in 
                      the same manner as all other students at the 
                      public school.
                          ``(iv) Special rule.--A local educational 
                      agency shall permit a student who transfers to 
                      another public school under this paragraph to 
                      remain in that school until the student has 
                      completed the highest grade in that school.
                          ``(v) Funding for transportation.--A local 
                      educational agency may spend an amount equal to 
                      not more than 5 percent of its allocation under 
                      subpart 2 of this part to pay for the provision of 
                      transportation for students who transfer under 
                      this paragraph to the public schools to which the 
                      students transfer.
            ``(2) Targeted support and improvement.--
                    ``(A) In general.--Each State educational agency 
                receiving funds under this part shall, using the 
                meaningful differentiation of schools described in 
                subsection (c)(4)(C)--
                          ``(i) notify each local educational agency in 
                      the State of any school served by the local 
                      educational

[[Page 129 STAT. 1840]]

                      agency in which any subgroup of students is 
                      consistently underperforming, as described in 
                      subsection (c)(4)(C)(iii); and
                          ``(ii) ensure such local educational agency 
                      provides notification to such school with respect 
                      to which subgroup or subgroups of students in such 
                      school are consistently underperforming as 
                      described in subsection (c)(4)(C)(iii).
                    ``(B) Targeted support and improvement plan.--Each 
                school receiving a notification described in this 
                paragraph, in partnership with stakeholders (including 
                principals and other school leaders, teachers and 
                parents), shall develop and implement a school-level 
                targeted support and improvement plan to improve student 
                outcomes based on the indicators in the statewide 
                accountability system established under subsection 
                (c)(4), for each subgroup of students that was the 
                subject of notification that--
                          ``(i) is informed by all indicators described 
                      in subsection (c)(4)(B), including student 
                      performance against long-term goals;
                          ``(ii) includes evidence-based interventions;
                          ``(iii) is approved by the local educational 
                      agency prior to implementation of such plan;
                          ``(iv) is monitored, upon submission and 
                      implementation, by the local educational agency; 
                      and
                          ``(v) results in additional action following 
                      unsuccessful implementation of such plan after a 
                      number of years determined by the local 
                      educational agency.
                    ``(C) Additional targeted support.--A plan described 
                in subparagraph (B) that is developed and implemented in 
                any school receiving a notification under this paragraph 
                from the local educational agency in which any subgroup 
                of students, on its own, would lead to identification 
                under subsection (c)(4)(D)(i)(I) using the State's 
                methodology under subsection (c)(4)(D) shall also 
                identify resource inequities (which may include a review 
                of local educational agency and school level budgeting), 
                to be addressed through implementation of such plan.
                    ``(D) Special rule.--The State educational agency, 
                based on the State's differentiation of schools under 
                subsection (c)(4)(C) for school year 2017-2018, shall 
                notify local educational agencies of any schools served 
                by the local educational agency in which any subgroup of 
                students, on its own, would lead to identification under 
                subsection (c)(4)(D)(i)(I) using the State's methodology 
                under subsection (c)(4)(D), after which notification of 
                such schools under this paragraph shall result from 
                differentiation of schools pursuant to subsection 
                (c)(4)(C)(iii).
            ``(3) Continued support for school and local educational 
        agency improvement.--To ensure continued progress to improve 
        student academic achievement and school success in the State, 
        the State educational agency--
                    ``(A) shall--
                          ``(i) establish statewide exit criteria for--

[[Page 129 STAT. 1841]]

                                    ``(I) schools identified by the 
                                State for comprehensive support and 
                                improvement under subsection 
                                (c)(4)(D)(i), which, if not satisfied 
                                within a State-determined number of 
                                years (not to exceed four years), shall 
                                result in more rigorous State-determined 
                                action, such as the implementation of 
                                interventions (which may include 
                                addressing school-level operations); and
                                    ``(II) schools described in 
                                paragraph (2)(C), which, if not 
                                satisfied within a State-determined 
                                number of years, shall, in the case of 
                                such schools receiving assistance under 
                                this part, result in identification of 
                                the school by the State for 
                                comprehensive support and improvement 
                                under subsection (c)(4)(D)(i)(III);
                          ``(ii) periodically review resource allocation 
                      to support school improvement in each local 
                      educational agency in the State serving--
                                    ``(I) a significant number of 
                                schools identified for comprehensive 
                                support and improvement under subsection 
                                (c)(4)(D)(i); and
                                    ``(II) a significant number of 
                                schools implementing targeted support 
                                and improvement plans under paragraph 
                                (2); and
                          ``(iii) provide technical assistance to each 
                      local educational agency in the State serving a 
                      significant number of--
                                    ``(I) schools implementing 
                                comprehensive support and improvement 
                                plans under paragraph (1); or
                                    ``(II) schools implementing targeted 
                                support and improvement plans under 
                                paragraph (2); and
                    ``(B) may--
                          ``(i) take action to initiate additional 
                      improvement in any local educational agency with--
                                    ``(I) a significant number of 
                                schools that are consistently identified 
                                by the State for comprehensive support 
                                and improvement under subsection 
                                (c)(4)(D)(i) and not meeting exit 
                                criteria established by the State under 
                                subparagraph (A)(i)(I); or
                                    ``(II) a significant number of 
                                schools implementing targeted support 
                                and improvement plans under paragraph 
                                (2); and
                          ``(ii) consistent with State law, establish 
                      alternative evidence-based State determined 
                      strategies that can be used by local educational 
                      agencies to assist a school identified for 
                      comprehensive support and improvement under 
                      subsection (c)(4)(D)(i).
            ``(4) Rule of construction for collective bargaining.--
        Nothing in this subsection shall be construed to alter or 
        otherwise affect the rights, remedies, and procedures afforded 
        to school or local educational agency employees under Federal, 
        State, or local laws (including applicable regulations or court 
        orders) or under the terms of collective bargaining agreements, 
        memoranda of understanding, or other agreements between such 
        employers and their employees.

    ``(e) Prohibition.--

[[Page 129 STAT. 1842]]

            ``(1) In general.--Nothing in this Act shall be construed to 
        authorize or permit the Secretary--
                    ``(A) when promulgating any rule or regulation, to 
                promulgate any rule or regulation on the development or 
                implementation of the statewide accountability system 
                established under this section that would--
                          ``(i) add new requirements that are 
                      inconsistent with or outside the scope of this 
                      part;
                          ``(ii) add new criteria that are inconsistent 
                      with or outside the scope of this part; or
                          ``(iii) be in excess of statutory authority 
                      granted to the Secretary;
                    ``(B) as a condition of approval of the State plan, 
                or revisions or amendments to, the State plan, or 
                approval of a waiver request submitted under section 
                8401, to--
                          ``(i) require a State to add any requirements 
                      that are inconsistent with or outside the scope of 
                      this part;
                          ``(ii) require a State to add or delete one or 
                      more specific elements of the challenging State 
                      academic standards; or
                          ``(iii) prescribe--
                                    ``(I) numeric long-term goals or 
                                measurements of interim progress that 
                                States establish for all students, for 
                                any subgroups of students, and for 
                                English learners with respect to English 
                                language proficiency, under this part, 
                                including--
                                            ``(aa) the length of terms 
                                        set by States in designing such 
                                        goals; or
                                            ``(bb) the progress expected 
                                        from any subgroups of students 
                                        in meeting such goals;
                                    ``(II) specific academic assessments 
                                or assessment items that States or local 
                                educational agencies use to meet the 
                                requirements of subsection (b)(2) or 
                                otherwise use to measure student 
                                academic achievement or student growth 
                                under this part;
                                    ``(III) indicators that States use 
                                within the State accountability system 
                                under this section, including any 
                                requirement to measure student growth, 
                                or, if a State chooses to measure 
                                student growth, the specific metrics 
                                used to measure such growth under this 
                                part;
                                    ``(IV) the weight of any measure or 
                                indicator used to identify or 
                                meaningfully differentiate schools, 
                                under this part;
                                    ``(V) the specific methodology used 
                                by States to meaningfully differentiate 
                                or identify schools under this part;
                                    ``(VI) any specific school support 
                                and improvement strategies or activities 
                                that State or local educational agencies 
                                establish and implement to intervene in, 
                                support, and improve schools and improve 
                                student outcomes under this part;
                                    ``(VII) exit criteria established by 
                                States under subsection (d)(3)(A)(i);
                                    ``(VIII) provided that the State 
                                meets the requirements in subsection 
                                (c)(3), a minimum

[[Page 129 STAT. 1843]]

                                number of students established by a 
                                State under such subsection;
                                    ``(IX) any aspect or parameter of a 
                                teacher, principal, or other school 
                                leader evaluation system within a State 
                                or local educational agency;
                                    ``(X) indicators or specific 
                                measures of teacher, principal, or other 
                                school leader effectiveness or quality; 
                                or
                                    ``(XI) the way in which the State 
                                factors the requirement under subsection 
                                (c)(4)(E)(i) into the statewide 
                                accountability system under this 
                                section; or
                    ``(C) to issue new non-regulatory guidance that--
                          ``(i) in seeking to provide explanation of 
                      requirements under this section for State or local 
                      educational agencies, either in response to 
                      requests for information or in anticipation of 
                      such requests, provides a strictly limited or 
                      exhaustive list to illustrate successful 
                      implementation of provisions under this section; 
                      or
                          ``(ii) purports to be legally binding; or
                    ``(D) to require data collection under this part 
                beyond data derived from existing Federal, State, and 
                local reporting requirements.
            ``(2) Defining terms.--In carrying out this part, the 
        Secretary shall not, through regulation or as a condition of 
        approval of the State plan or revisions or amendments to the 
        State plan, promulgate a definition of any term used in this 
        part, or otherwise prescribe any specification for any such 
        term, that is inconsistent with or outside the scope of this 
        part or is in violation of paragraph (1).

    ``(f) Existing State Law.--Nothing in this section shall be 
construed to alter any State law or regulation granting parents 
authority over schools that repeatedly failed to make adequate yearly 
progress under this part, as in effect on the day before the date of the 
enactment of the Every Student Succeeds Act.
    ``(g) Other Plan Provisions.--
            ``(1) Descriptions.--Each State plan shall describe--
                    ``(A) how the State will provide assistance to local 
                educational agencies and individual elementary schools 
                choosing to use funds under this part to support early 
                childhood education programs;
                    ``(B) how low-income and minority children enrolled 
                in schools assisted under this part are not served at 
                disproportionate rates by ineffective, out-of-field, or 
                inexperienced teachers, and the measures the State 
                educational agency will use to evaluate and publicly 
                report the progress of the State educational agency with 
                respect to such description (except that nothing in this 
                subparagraph shall be construed as requiring a State to 
                develop or implement a teacher, principal, or other 
                school leader evaluation system);
                    ``(C) how the State educational agency will support 
                local educational agencies receiving assistance under 
                this part to improve school conditions for student 
                learning, including through reducing--
                          ``(i) incidences of bullying and harassment;

[[Page 129 STAT. 1844]]

                          ``(ii) the overuse of discipline practices 
                      that remove students from the classroom; and
                          ``(iii) the use of aversive behavioral 
                      interventions that compromise student health and 
                      safety;
                    ``(D) how the State will support local educational 
                agencies receiving assistance under this part in meeting 
                the needs of students at all levels of schooling 
                (particularly students in the middle grades and high 
                school), including how the State will work with such 
                local educational agencies to provide effective 
                transitions of students to middle grades and high school 
                to decrease the risk of students dropping out;
                    ``(E) the steps a State educational agency will take 
                to ensure collaboration with the State agency 
                responsible for administering the State plans under 
                parts B and E of title IV of the Social Security Act (42 
                U.S.C. 621 et seq. and 670 et seq.) to ensure the 
                educational stability of children in foster care, 
                including assurances that--
                          ``(i) any such child enrolls or remains in 
                      such child's school of origin, unless a 
                      determination is made that it is not in such 
                      child's best interest to attend the school of 
                      origin, which decision shall be based on all 
                      factors relating to the child's best interest, 
                      including consideration of the appropriateness of 
                      the current educational setting and the proximity 
                      to the school in which the child is enrolled at 
                      the time of placement;
                          ``(ii) when a determination is made that it is 
                      not in such child's best interest to remain in the 
                      school of origin, the child is immediately 
                      enrolled in a new school, even if the child is 
                      unable to produce records normally required for 
                      enrollment;
                          ``(iii) the enrolling school shall immediately 
                      contact the school last attended by any such child 
                      to obtain relevant academic and other records; and
                          ``(iv) the State educational agency will 
                      designate an employee to serve as a point of 
                      contact for child welfare agencies and to oversee 
                      implementation of the State agency 
                      responsibilities required under this subparagraph, 
                      and such point of contact shall not be the State's 
                      Coordinator for Education of Homeless Children and 
                      Youths under section 722(d)(3) of the McKinney-
                      Vento Homeless Assistance Act (42 U.S.C. 
                      11432(d)(3));
                    ``(F) how the State educational agency will provide 
                support to local educational agencies in the 
                identification, enrollment, attendance, and school 
                stability of homeless children and youths; and
                    ``(G) such other factors the State educational 
                agency determines appropriate to provide students an 
                opportunity to achieve the knowledge and skills 
                described in the challenging State academic standards.
            ``(2) Assurances.--Each State plan shall contain assurances 
        that--
                    ``(A) the State will make public any methods or 
                criteria the State is using to measure teacher, 
                principal, or other school leader effectiveness for the 
                purpose of meeting the requirements described in 
                paragraph (1)(B);

[[Page 129 STAT. 1845]]

                    ``(B) the State educational agency will notify local 
                educational agencies, Indian tribes and tribal 
                organizations, schools, teachers, parents, and the 
                public of the challenging State academic standards, 
                academic assessments, and State accountability system, 
                developed under this section;
                    ``(C) the State educational agency will assist each 
                local educational agency and school affected by the 
                State plan to meet the requirements of this part;
                    ``(D) the State will participate in the biennial 
                State academic assessments in reading and mathematics in 
                grades 4 and 8 of the National Assessment of Educational 
                Progress carried out under section 303(b)(3) of the 
                National Assessment of Educational Progress 
                Authorization Act (20 U.S.C. 9622(b)(3)) if the 
                Secretary pays the costs of administering such 
                assessments;
                    ``(E) the State educational agency will modify or 
                eliminate State fiscal and accounting barriers so that 
                schools can easily consolidate funds from other Federal, 
                State, and local sources to improve educational 
                opportunities and reduce unnecessary fiscal and 
                accounting requirements;
                    ``(F) the State educational agency will support the 
                collection and dissemination to local educational 
                agencies and schools of effective parent and family 
                engagement strategies, including those included in the 
                parent and family engagement policy under section 1116;
                    ``(G) the State educational agency will provide the 
                least restrictive and burdensome regulations for local 
                educational agencies and individual schools 
                participating in a program assisted under this part;
                    ``(H) the State educational agency will ensure that 
                local educational agencies, in developing and 
                implementing programs under this part, will, to the 
                extent feasible, work in consultation with outside 
                intermediary organizations (such as educational service 
                agencies), or individuals, that have practical expertise 
                in the development or use of evidence-based strategies 
                and programs to improve teaching, learning, and schools;
                    ``(I) the State educational agency has appropriate 
                procedures and safeguards in place to ensure the 
                validity of the assessment process;
                    ``(J) the State educational agency will ensure that 
                all teachers and paraprofessionals working in a program 
                supported with funds under this part meet applicable 
                State certification and licensure requirements, 
                including any requirements for certification obtained 
                through alternative routes to certification;
                    ``(K) the State educational agency will coordinate 
                activities funded under this part with other Federal 
                activities as appropriate;
                    ``(L) the State educational agency has involved the 
                committee of practitioners established under section 
                1603(b) in developing the plan and monitoring its 
                implementation;
                    ``(M) the State has professional standards for 
                paraprofessionals working in a program supported with 
                funds under this part, including qualifications that 
                were in place

[[Page 129 STAT. 1846]]

                on the day before the date of enactment of the Every 
                Student Succeeds Act; and
                    ``(N) the State educational agency will provide the 
                information described in clauses (ii), (iii), and (vii) 
                of subsection (h)(1)(C) to the public in an easily 
                accessible and user-friendly manner that can be cross-
                tabulated by, at a minimum, each major racial and ethnic 
                group, gender, English proficiency status, and children 
                with or without disabilities, which--
                          ``(i) may be accomplished by including such 
                      information on the annual State report card 
                      described subsection (h)(1)(C); and
                          ``(ii) shall be presented in a manner that--
                                    ``(I) is first anonymized and does 
                                not reveal personally identifiable 
                                information about an individual student;
                                    ``(II) does not include a number of 
                                students in any subgroup of students 
                                that is insufficient to yield 
                                statistically reliable information or 
                                that would reveal personally 
                                identifiable information about an 
                                individual student; and
                                    ``(III) is consistent with the 
                                requirements of section 444 of the 
                                General Education Provisions Act (20 
                                U.S.C. 1232g, commonly known as the 
                                `Family Educational Rights and Privacy 
                                Act of 1974').
            ``(3) Rules of construction.--Nothing in paragraph (2)(N) 
        shall be construed to--
                    ``(A) require groups of students obtained by any 
                entity that cross-tabulates the information provided 
                under such paragraph to be considered subgroups of 
                students, as defined in subsection (c)(2), for the 
                purposes of the State accountability system under 
                subsection (c); or
                    ``(B) require or prohibit States or local 
                educational agencies from publicly reporting data in a 
                cross-tabulated manner, in order to meet the 
                requirements of paragraph (2)(N).
            ``(4) Technical assistance.--Upon request by a State 
        educational agency, the Secretary shall provide technical 
        assistance to such agency to--
                    ``(A) meet the requirements of paragraph (2)(N); or
                    ``(B) in the case of a State educational agency 
                choosing, at its sole discretion, to disaggregate data 
                described in clauses (ii) and (iii)(II) of subsection 
                (h)(1)(C) for Asian and Native Hawaiian or Pacific 
                Islander students using the same race response 
                categories as the decennial census of the population, 
                assist such State educational agency in such 
                disaggregation and in using such data to improve 
                academic outcomes for such students.

    ``(h) Reports.--
            ``(1) Annual state report card.--
                    ``(A) In general.--A State that receives assistance 
                under this part shall prepare and disseminate widely to 
                the public an annual State report card for the State as 
                a whole that meets the requirements of this paragraph.
                    ``(B) Implementation.--The State report card 
                required under this paragraph shall be--

[[Page 129 STAT. 1847]]

                          ``(i) concise;
                          ``(ii) presented in an understandable and 
                      uniform format that is developed in consultation 
                      with parents and, to the extent practicable, in a 
                      language that parents can understand; and
                          ``(iii) widely accessible to the public, which 
                      shall include making available on a single webpage 
                      of the State educational agency's website, the 
                      State report card, all local educational agency 
                      report cards for each local educational agency in 
                      the State required under paragraph (2), and the 
                      annual report to the Secretary under paragraph 
                      (5).
                    ``(C) Minimum requirements.--Each State report card 
                required under this subsection shall include the 
                following information:
                          ``(i) A clear and concise description of the 
                      State's accountability system under subsection 
                      (c), including--
                                    ``(I) the minimum number of students 
                                that the State determines are necessary 
                                to be included in each of the subgroups 
                                of students, as defined in subsection 
                                (c)(2), for use in the accountability 
                                system;
                                    ``(II) the long-term goals and 
                                measurements of interim progress for all 
                                students and for each of the subgroups 
                                of students, as defined in subsection 
                                (c)(2);
                                    ``(III) the indicators described in 
                                subsection (c)(4)(B) used to 
                                meaningfully differentiate all public 
                                schools in the State;
                                    ``(IV) the State's system for 
                                meaningfully differentiating all public 
                                schools in the State, including--
                                            ``(aa) the specific weight 
                                        of the indicators described in 
                                        subsection (c)(4)(B) in such 
                                        differentiation;
                                            ``(bb) the methodology by 
                                        which the State differentiates 
                                        all such schools;
                                            ``(cc) the methodology by 
                                        which the State differentiates a 
                                        school as consistently 
                                        underperforming for any subgroup 
                                        of students described in section 
                                        (c)(4)(C)(iii), including the 
                                        time period used by the State to 
                                        determine consistent 
                                        underperformance; and
                                            ``(dd) the methodology by 
                                        which the State identifies a 
                                        school for comprehensive support 
                                        and improvement as required 
                                        under subsection (c)(4)(D)(i);
                                    ``(V) the number and names of all 
                                public schools in the State identified 
                                by the State for comprehensive support 
                                and improvement under subsection 
                                (c)(4)(D)(i) or implementing targeted 
                                support and improvement plans under 
                                subsection (d)(2); and
                                    ``(VI) the exit criteria established 
                                by the State as required under clause 
                                (i) of subsection (d)(3)(A), including 
                                the length of years established under 
                                clause (i)(II) of such subsection.

[[Page 129 STAT. 1848]]

                          ``(ii) For all students and disaggregated by 
                      each subgroup of students described in subsection 
                      (b)(2)(B)(xi), homeless status, status as a child 
                      in foster care, and status as a student with a 
                      parent who is a member of the Armed Forces (as 
                      defined in section 101(a)(4) of title 10, United 
                      States Code) on active duty (as defined in section 
                      101(d)(5) of such title), information on student 
                      achievement on the academic assessments described 
                      in subsection (b)(2) at each level of achievement, 
                      as determined by the State under subsection 
                      (b)(1).
                          ``(iii) For all students and disaggregated by 
                      each of the subgroups of students, as defined in 
                      subsection (c)(2), and for purposes of subclause 
                      (II) of this clause, homeless status and status as 
                      a child in foster care--
                                    ``(I) information on the performance 
                                on the other academic indicator under 
                                subsection (c)(4)(B)(ii) for public 
                                elementary schools and secondary schools 
                                that are not high schools, used by the 
                                State in the State accountability 
                                system; and
                                    ``(II) high school graduation rates, 
                                including four-year adjusted cohort 
                                graduation rates and, at the State's 
                                discretion, extended-year adjusted 
                                cohort graduation rates.
                          ``(iv) Information on the number and 
                      percentage of English learners achieving English 
                      language proficiency.
                          ``(v) For all students and disaggregated by 
                      each of the subgroups of students, as defined in 
                      subsection (c)(2), information on the performance 
                      on the other indicator or indicators of school 
                      quality or student success under subsection 
                      (c)(4)(B)(v) used by the State in the State 
                      accountability system.
                          ``(vi) Information on the progress of all 
                      students and each subgroup of students, as defined 
                      in subsection (c)(2), toward meeting the State-
                      designed long term goals under subsection 
                      (c)(4)(A), including the progress of all students 
                      and each such subgroup of students against the 
                      State measurements of interim progress established 
                      under such subsection.
                          ``(vii) For all students and disaggregated by 
                      each subgroup of students described in subsection 
                      (b)(2)(B)(xi), the percentage of students assessed 
                      and not assessed.
                          ``(viii) Information submitted by the State 
                      educational agency and each local educational 
                      agency in the State, in accordance with data 
                      collection conducted pursuant to section 203(c)(1) 
                      of the Department of Education Organization Act 
                      (20 U.S.C. 3413(c)(1)), on--
                                    ``(I) measures of school quality, 
                                climate, and safety, including rates of 
                                in-school suspensions, out-of-school 
                                suspensions, expulsions, school-related 
                                arrests, referrals to law enforcement, 
                                chronic absenteeism (including both 
                                excused and unexcused absences), 
                                incidences of violence, including 
                                bullying and harassment; and

[[Page 129 STAT. 1849]]

                                    ``(II) the number and percentage of 
                                students enrolled in--
                                            ``(aa) preschool programs; 
                                        and
                                            ``(bb) accelerated 
                                        coursework to earn postsecondary 
                                        credit while still in high 
                                        school, such as Advanced 
                                        Placement and International 
                                        Baccalaureate courses and 
                                        examinations, and dual or 
                                        concurrent enrollment programs.
                          ``(ix) The professional qualifications of 
                      teachers in the State, including information (that 
                      shall be presented in the aggregate and 
                      disaggregated by high-poverty compared to low-
                      poverty schools) on the number and percentage of--
                                    ``(I) inexperienced teachers, 
                                principals, and other school leaders;
                                    ``(II) teachers teaching with 
                                emergency or provisional credentials; 
                                and
                                    ``(III) teachers who are not 
                                teaching in the subject or field for 
                                which the teacher is certified or 
                                licensed.
                          ``(x) The per-pupil expenditures of Federal, 
                      State, and local funds, including actual personnel 
                      expenditures and actual nonpersonnel expenditures 
                      of Federal, State, and local funds, disaggregated 
                      by source of funds, for each local educational 
                      agency and each school in the State for the 
                      preceding fiscal year.
                          ``(xi) The number and percentages of students 
                      with the most significant cognitive disabilities 
                      who take an alternate assessment under subsection 
                      (b)(2)(D), by grade and subject.
                          ``(xii) Results on the State academic 
                      assessments in reading and mathematics in grades 4 
                      and 8 of the National Assessment of Educational 
                      Progress carried out under section 303(b)(3) of 
                      the National Assessment of Educational Progress 
                      Authorization Act (20 U.S.C. 9622(b)(3)), compared 
                      to the national average of such results.
                          ``(xiii) Where available, for each high school 
                      in the State, and beginning with the report card 
                      prepared under this paragraph for 2017, the cohort 
                      rate (in the aggregate, and disaggregated for each 
                      subgroup of students defined in subsection 
                      (c)(2)), at which students who graduate from the 
                      high school enroll, for the first academic year 
                      that begins after the students' graduation--
                                    ``(I) in programs of public 
                                postsecondary education in the State; 
                                and
                                    ``(II) if data are available and to 
                                the extent practicable, in programs of 
                                private postsecondary education in the 
                                State or programs of postsecondary 
                                education outside the State.
                          ``(xiv) Any additional information that the 
                      State believes will best provide parents, 
                      students, and other members of the public with 
                      information regarding the progress of each of the 
                      State's public elementary schools and secondary 
                      schools, which may include the number and 
                      percentage of students attaining career

[[Page 129 STAT. 1850]]

                      and technical proficiencies (as defined by section 
                      113(b) of the Carl D. Perkins Career and Technical 
                      Education Act of 2006 (20 U.S.C. 2323(b)) and 
                      reported by States only in a manner consistent 
                      with section 113(c) of such Act (20 U.S.C. 
                      2323(c)).
                    ``(D) Rules of construction.--Nothing in 
                subparagraph (C)(viii) shall be construed as requiring--
                          ``(i) reporting of any data that are not 
                      collected in accordance with section 203(c)(1) of 
                      the Department of Education Organization Act (20 
                      U.S.C. 3413(c)(1); or
                          ``(ii) disaggregation of any data other than 
                      as required under subsection (b)(2)(B)(xi).
            ``(2) Annual local educational agency report cards.--
                    ``(A) Preparation and dissemination.--A local 
                educational agency that receives assistance under this 
                part shall prepare and disseminate an annual local 
                educational agency report card that includes information 
                on such agency as a whole and each school served by the 
                agency.
                    ``(B) Implementation.--Each local educational agency 
                report card shall be--
                          ``(i) concise;
                          ``(ii) presented in an understandable and 
                      uniform format, and to the extent practicable, in 
                      a language that parents can understand; and
                          ``(iii) accessible to the public, which shall 
                      include--
                                    ``(I) placing such report card on 
                                the website of the local educational 
                                agency; and
                                    ``(II) in any case in which a local 
                                educational agency does not operate a 
                                website, providing the information to 
                                the public in another manner determined 
                                by the local educational agency.
                    ``(C) Minimum requirements.--The State educational 
                agency shall ensure that each local educational agency 
                collects appropriate data and includes in the local 
                educational agency's annual report the information 
                described in paragraph (1)(C), disaggregated in the same 
                manner as required under such paragraph, except for 
                clause (xii) of such paragraph, as applied to the local 
                educational agency and each school served by the local 
                educational agency, including--
                          ``(i) in the case of a local educational 
                      agency, information that shows how students served 
                      by the local educational agency achieved on the 
                      academic assessments described in subsection 
                      (b)(2) compared to students in the State as a 
                      whole;
                          ``(ii) in the case of a school, information 
                      that shows how the school's students' achievement 
                      on the academic assessments described in 
                      subsection (b)(2) compared to students served by 
                      the local educational agency and the State as a 
                      whole; and
                          ``(iii) any other information that the local 
                      educational agency determines is appropriate and 
                      will best provide parents, students, and other 
                      members of the public with information regarding 
                      the progress of each public school served by the 
                      local educational agency,

[[Page 129 STAT. 1851]]

                      whether or not such information is included in the 
                      annual State report card.
                    ``(D) Additional information.--In the case of a 
                local educational agency that issues a report card for 
                all students, the local educational agency may include 
                the information under this section as part of such 
                report.
            ``(3) Preexisting report cards.--A State educational agency 
        or local educational agency may use public report cards on the 
        performance of students, schools, local educational agencies, or 
        the State, that were in effect prior to the date of enactment of 
        the Every Student Succeeds Act for the purpose of this 
        subsection, so long as any such report card is modified, as may 
        be needed, to contain the information required by this 
        subsection, and protects the privacy of individual students.
            ``(4) Cost reduction.--Each State educational agency and 
        local educational agency receiving assistance under this part 
        shall, wherever possible, take steps to reduce data collection 
        costs and duplication of effort by obtaining the information 
        required under this subsection through existing data collection 
        efforts.
            ``(5) Annual state report to the secretary.--Each State 
        educational agency receiving assistance under this part shall 
        report annually to the Secretary, and make widely available 
        within the State--
                    ``(A) information on the achievement of students on 
                the academic assessments required by subsection (b)(2), 
                including the disaggregated results for the subgroups of 
                students as defined in subsection (c)(2);
                    ``(B) information on the acquisition of English 
                proficiency by English learners;
                    ``(C) the number and names of each public school in 
                the State--
                          ``(i) identified for comprehensive support and 
                      improvement under subsection (c)(4)(D)(i); and
                          ``(ii) implementing targeted support and 
                      improvement plans under subsection (d)(2); and
                    ``(D) information on the professional qualifications 
                of teachers in the State, including information on the 
                number and the percentage of the following teachers:
                          ``(i) Inexperienced teachers.
                          ``(ii) Teachers teaching with emergency or 
                      provisional credentials.
                          ``(iii) Teachers who are not teaching in the 
                      subject or field for which the teacher is 
                      certified or licensed.
            ``(6) Report to congress.--The Secretary shall transmit 
        annually to the Committee on Education and the Workforce of the 
        House of Representatives and the Committee on Health, Education, 
        Labor, and Pensions of the Senate a report that provides 
        national and State-level data on the information collected under 
        paragraph (5). Such report shall be submitted through electronic 
        means only.

    ``(i) Privacy.--
            ``(1) In general.--Information collected or disseminated 
        under this section (including any information collected for or 
        included in the reports described in subsection (h)) shall be 
        collected and disseminated in a manner that protects the privacy 
        of individuals consistent with section 444 of the General

[[Page 129 STAT. 1852]]

        Education Provisions Act (20 U.S.C. 1232g, commonly known as the 
        `Family Educational Rights and Privacy Act of 1974') and this 
        Act.
            ``(2) Sufficiency.--The reports described in subsection (h) 
        shall only include data that are sufficient to yield 
        statistically reliable information.
            ``(3) Disaggregation.--Disaggregation under this section 
        shall not be required if such disaggregation will reveal 
        personally identifiable information about any student, teacher, 
        principal, or other school leader, or will provide data that are 
        insufficient to yield statistically reliable information.

    ``(j) Voluntary Partnerships.--A State retains the right to enter 
into a voluntary partnership with another State to develop and implement 
the challenging State academic standards and assessments required under 
this section, except that the Secretary shall not attempt to influence, 
incentivize, or coerce State--
            ``(1) adoption of the Common Core State Standards developed 
        under the Common Core State Standards Initiative or any other 
        academic standards common to a significant number of States, or 
        assessments tied to such standards; or
            ``(2) participation in such partnerships.

    ``(k) Special Rule With Respect to Bureau-Funded Schools.--In 
determining the assessments to be used by each school operated or funded 
by the Bureau of Indian Education receiving funds under this part, the 
following shall apply until the requirements of section 8204(c) have 
been met:
            ``(1) Each such school that is accredited by the State in 
        which it is operating shall use the assessments and other 
        academic indicators the State has developed and implemented to 
        meet the requirements of this section, or such other appropriate 
        assessment and academic indicators as approved by the Secretary 
        of the Interior.
            ``(2) Each such school that is accredited by a regional 
        accrediting organization (in consultation with and with the 
        approval of the Secretary of the Interior, and consistent with 
        assessments and academic indicators adopted by other schools in 
        the same State or region) shall adopt an appropriate assessment 
        and other academic indicators that meet the requirements of this 
        section.
            ``(3) Each such school that is accredited by a tribal 
        accrediting agency or tribal division of education shall use an 
        assessment and other academic indicators developed by such 
        agency or division, except that the Secretary of the Interior 
        shall ensure that such assessment and academic indicators meet 
        the requirements of this section.

    ``(l) Construction.--Nothing in this part shall be construed to 
prescribe the use of the academic assessments described in this part for 
student promotion or graduation purposes.''.
SEC. 1006. LOCAL EDUCATIONAL AGENCY PLANS.

    Section 1112 (20 U.S.C. 6312) is amended to read as follows:
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

    ``(a) Plans Required.--
            ``(1) Subgrants.--A local educational agency may receive a 
        subgrant under this part for any fiscal year only if such agency 
        has on file with the State educational agency a plan, approved 
        by the State educational agency, that--

[[Page 129 STAT. 1853]]

                    ``(A) is developed with timely and meaningful 
                consultation with teachers, principals, other school 
                leaders, paraprofessionals, specialized instructional 
                support personnel, charter school leaders (in a local 
                educational agency that has charter schools), 
                administrators (including administrators of programs 
                described in other parts of this title), other 
                appropriate school personnel, and with parents of 
                children in schools served under this part; and
                    ``(B) as appropriate, is coordinated with other 
                programs under this Act, the Individuals with 
                Disabilities Education Act (20 U.S.C. 1400 et seq.), the 
                Rehabilitation Act of 1973 (20 U.S.C. 701 et seq.), the 
                Carl D. Perkins Career and Technical Education Act of 
                2006 (20 U.S.C. 2301 et seq.), the Workforce Innovation 
                and Opportunity Act (29 U.S.C. 3101 et seq.), the Head 
                Start Act (42 U.S.C. 9831 et seq.), the McKinney-Vento 
                Homeless Assistance Act (42 U.S.C. 11301 et seq.), the 
                Adult Education and Family Literacy Act (29 U.S.C. 3271 
                et seq.), and other Acts as appropriate.
            ``(2) Consolidated application.--The plan may be submitted 
        as part of a consolidated application under section 8305.
            ``(3) State approval.--
                    ``(A) In general.--Each local educational agency 
                plan shall be filed according to a schedule established 
                by the State educational agency.
                    ``(B) Approval.--The State educational agency shall 
                approve a local educational agency's plan only if the 
                State educational agency determines that the local 
                educational agency's plan--
                          ``(i) provides that schools served under this 
                      part substantially help children served under this 
                      part meet the challenging State academic 
                      standards; and
                          ``(ii) meets the requirements of this section.
            ``(4) Duration.--Each local educational agency plan shall be 
        submitted for the first year for which this part is in effect 
        following the date of enactment of the Every Student Succeeds 
        Act and shall remain in effect for the duration of the agency's 
        participation under this part.
            ``(5) Review.--Each local educational agency shall 
        periodically review and, as necessary, revise its plan.
            ``(6) Rule of construction.--Consultation required under 
        paragraph (1)(A) shall not interfere with the timely submission 
        of the plan required under this section.

    ``(b) Plan Provisions.--To ensure that all children receive a high-
quality education, and to close the achievement gap between children 
meeting the challenging State academic standards and those children who 
are not meeting such standards, each local educational agency plan shall 
describe--
            ``(1) how the local educational agency will monitor 
        students' progress in meeting the challenging State academic 
        standards by--
                    ``(A) developing and implementing a well-rounded 
                program of instruction to meet the academic needs of all 
                students;
                    ``(B) identifying students who may be at risk for 
                academic failure;

[[Page 129 STAT. 1854]]

                    ``(C) providing additional educational assistance to 
                individual students the local educational agency or 
                school determines need help in meeting the challenging 
                State academic standards; and
                    ``(D) identifying and implementing instructional and 
                other strategies intended to strengthen academic 
                programs and improve school conditions for student 
                learning;
            ``(2) how the local educational agency will identify and 
        address, as required under State plans as described in section 
        1111(g)(1)(B), any disparities that result in low-income 
        students and minority students being taught at higher rates than 
        other students by ineffective, inexperienced, or out-of-field 
        teachers;
            ``(3) how the local educational agency will carry out its 
        responsibilities under paragraphs (1) and (2) of section 
        1111(d);
            ``(4) the poverty criteria that will be used to select 
        school attendance areas under section 1113;
            ``(5) in general, the nature of the programs to be conducted 
        by such agency's schools under sections 1114 and 1115 and, where 
        appropriate, educational services outside such schools for 
        children living in local institutions for neglected or 
        delinquent children, and for neglected and delinquent children 
        in community day school programs;
            ``(6) the services the local educational agency will provide 
        homeless children and youths, including services provided with 
        funds reserved under section 1113(c)(3)(A), to support the 
        enrollment, attendance, and success of homeless children and 
        youths, in coordination with the services the local educational 
        agency is providing under the McKinney-Vento Homeless Assistance 
        Act (42 U.S.C. 11301 et seq.);
            ``(7) the strategy the local educational agency will use to 
        implement effective parent and family engagement under section 
        1116;
            ``(8) if applicable, how the local educational agency will 
        support, coordinate, and integrate services provided under this 
        part with early childhood education programs at the local 
        educational agency or individual school level, including plans 
        for the transition of participants in such programs to local 
        elementary school programs;
            ``(9) how teachers and school leaders, in consultation with 
        parents, administrators, paraprofessionals, and specialized 
        instructional support personnel, in schools operating a targeted 
        assistance school program under section 1115, will identify the 
        eligible children most in need of services under this part;
            ``(10) how the local educational agency will implement 
        strategies to facilitate effective transitions for students from 
        middle grades to high school and from high school to 
        postsecondary education including, if applicable--
                    ``(A) through coordination with institutions of 
                higher education, employers, and other local partners; 
                and
                    ``(B) through increased student access to early 
                college high school or dual or concurrent enrollment 
                opportunities, or career counseling to identify student 
                interests and skills;
            ``(11) how the local educational agency will support efforts 
        to reduce the overuse of discipline practices that remove 
        students from the classroom, which may include identifying and 
        supporting schools with high rates of discipline, disaggregated

[[Page 129 STAT. 1855]]

        by each of the subgroups of students, as defined in section 
        1111(c)(2);
            ``(12) if determined appropriate by the local educational 
        agency, how such agency will support programs that coordinate 
        and integrate--
                    ``(A) academic and career and technical education 
                content through coordinated instructional strategies, 
                that may incorporate experiential learning opportunities 
                and promote skills attainment important to in-demand 
                occupations or industries in the State; and
                    ``(B) work-based learning opportunities that provide 
                students in-depth interaction with industry 
                professionals and, if appropriate, academic credit; and
            ``(13) any other information on how the local educational 
        agency proposes to use funds to meet the purposes of this part, 
        and that the local educational agency determines appropriate to 
        provide, which may include how the local educational agency 
        will--
                    ``(A) assist schools in identifying and serving 
                gifted and talented students; and
                    ``(B) assist schools in developing effective school 
                library programs to provide students an opportunity to 
                develop digital literacy skills and improve academic 
                achievement.

    ``(c) Assurances.--Each local educational agency plan shall provide 
assurances that the local educational agency will--
            ``(1) ensure that migratory children and formerly migratory 
        children who are eligible to receive services under this part 
        are selected to receive such services on the same basis as other 
        children who are selected to receive services under this part;
            ``(2) provide services to eligible children attending 
        private elementary schools and secondary schools in accordance 
        with section 1117, and timely and meaningful consultation with 
        private school officials regarding such services;
            ``(3) participate, if selected, in the National Assessment 
        of Educational Progress in reading and mathematics in grades 4 
        and 8 carried out under section 303(b)(3) of the National 
        Assessment of Educational Progress Authorization Act (20 U.S.C. 
        9622(b)(3));
            ``(4) coordinate and integrate services provided under this 
        part with other educational services at the local educational 
        agency or individual school level, such as services for English 
        learners, children with disabilities, migratory children, 
        American Indian, Alaska Native, and Native Hawaiian children, 
        and homeless children and youths, in order to increase program 
        effectiveness, eliminate duplication, and reduce fragmentation 
        of the instructional program;
            ``(5) collaborate with the State or local child welfare 
        agency to--
                    ``(A) designate a point of contact if the 
                corresponding child welfare agency notifies the local 
                educational agency, in writing, that the agency has 
                designated an employee to serve as a point of contact 
                for the local educational agency; and

[[Page 129 STAT. 1856]]

                    ``(B) by not later than 1 year after the date of 
                enactment of the Every Student Succeeds Act, develop and 
                implement clear written procedures governing how 
                transportation to maintain children in foster care in 
                their school of origin when in their best interest will 
                be provided, arranged, and funded for the duration of 
                the time in foster care, which procedures shall--
                          ``(i) ensure that children in foster care 
                      needing transportation to the school of origin 
                      will promptly receive transportation in a cost-
                      effective manner and in accordance with section 
                      475(4)(A) of the Social Security Act (42 U.S.C. 
                      675(4)(A)); and
                          ``(ii) ensure that, if there are additional 
                      costs incurred in providing transportation to 
                      maintain children in foster care in their schools 
                      of origin, the local educational agency will 
                      provide transportation to the school of origin 
                      if--
                                    ``(I) the local child welfare agency 
                                agrees to reimburse the local 
                                educational agency for the cost of such 
                                transportation;
                                    ``(II) the local educational agency 
                                agrees to pay for the cost of such 
                                transportation; or
                                    ``(III) the local educational agency 
                                and the local child welfare agency agree 
                                to share the cost of such 
                                transportation; and
            ``(6) ensure that all teachers and paraprofessionals working 
        in a program supported with funds under this part meet 
        applicable State certification and licensure requirements, 
        including any requirements for certification obtained through 
        alternative routes to certification; and
            ``(7) in the case of a local educational agency that chooses 
        to use funds under this part to provide early childhood 
        education services to low-income children below the age of 
        compulsory school attendance, ensure that such services comply 
        with the performance standards established under section 641A(a) 
        of the Head Start Act (42 U.S.C. 9836a(a)).

    ``(d) Special Rule.--For local educational agencies using funds 
under this part for the purposes described in subsection (c)(7), the 
Secretary shall--
            ``(1) consult with the Secretary of Health and Human 
        Services and establish procedures (taking into consideration 
        existing State and local laws, and local teacher contracts) to 
        assist local educational agencies to comply with such 
        subsection; and
            ``(2) disseminate to local educational agencies the 
        education performance standards in effect under section 641A(a) 
        of the Head Start Act (42 U.S.C. 9836a(a)), and such agencies 
        affected by such subsection (c)(7) shall plan to comply with 
        such subsection (taking into consideration existing State and 
        local laws, and local teacher contracts), including by pursuing 
        the availability of other Federal, State, and local funding 
        sources to assist with such compliance.

    ``(e) Parents Right-to-know.--
            ``(1) Information for parents.--
                    ``(A) In general.--At the beginning of each school 
                year, a local educational agency that receives funds 
                under this part shall notify the parents of each student 
                attending any school receiving funds under this part 
                that the parents

[[Page 129 STAT. 1857]]

                may request, and the agency will provide the parents on 
                request (and in a timely manner), information regarding 
                the professional qualifications of the student's 
                classroom teachers, including at a minimum, the 
                following:
                          ``(i) Whether the student's teacher--
                                    ``(I) has met State qualification 
                                and licensing criteria for the grade 
                                levels and subject areas in which the 
                                teacher provides instruction;
                                    ``(II) is teaching under emergency 
                                or other provisional status through 
                                which State qualification or licensing 
                                criteria have been waived; and
                                    ``(III) is teaching in the field of 
                                discipline of the certification of the 
                                teacher.
                          ``(ii) Whether the child is provided services 
                      by paraprofessionals and, if so, their 
                      qualifications.
                    ``(B) Additional information.--In addition to the 
                information that parents may request under subparagraph 
                (A), a school that receives funds under this part shall 
                provide to each individual parent of a child who is a 
                student in such school, with respect to such student--
                          ``(i) information on the level of achievement 
                      and academic growth of the student, if applicable 
                      and available, on each of the State academic 
                      assessments required under this part; and
                          ``(ii) timely notice that the student has been 
                      assigned, or has been taught for 4 or more 
                      consecutive weeks by, a teacher who does not meet 
                      applicable State certification or licensure 
                      requirements at the grade level and subject area 
                      in which the teacher has been assigned.
            ``(2) Testing transparency.--
                    ``(A) In general.--At the beginning of each school 
                year, a local educational agency that receives funds 
                under this part shall notify the parents of each student 
                attending any school receiving funds under this part 
                that the parents may request, and the local educational 
                agency will provide the parents on request (and in a 
                timely manner), information regarding any State or local 
                educational agency policy regarding student 
                participation in any assessments mandated by section 
                1111(b)(2) and by the State or local educational agency, 
                which shall include a policy, procedure, or parental 
                right to opt the child out of such assessment, where 
                applicable.
                    ``(B) Additional information.--Subject to 
                subparagraph (C), each local educational agency that 
                receives funds under this part shall make widely 
                available through public means (including by posting in 
                a clear and easily accessible manner on the local 
                educational agency's website and, where practicable, on 
                the website of each school served by the local 
                educational agency) for each grade served by the local 
                educational agency, information on each assessment 
                required by the State to comply with section 1111, other 
                assessments required by the State, and where such 
                information is available and feasible to report, 
                assessments required districtwide by the local 
                educational agency, including--
                          ``(i) the subject matter assessed;

[[Page 129 STAT. 1858]]

                          ``(ii) the purpose for which the assessment is 
                      designed and used;
                          ``(iii) the source of the requirement for the 
                      assessment; and
                          ``(iv) where such information is available--
                                    ``(I) the amount of time students 
                                will spend taking the assessment, and 
                                the schedule for the assessment; and
                                    ``(II) the time and format for 
                                disseminating results.
                    ``(C) Local educational agency that does not operate 
                a website.--In the case of a local educational agency 
                that does not operate a website, such local educational 
                agency shall determine how to make the information 
                described in subparagraph (A) widely available, such as 
                through distribution of that information to the media, 
                through public agencies, or directly to parents.
            ``(3) Language instruction.--
                    ``(A) Notice.--Each local educational agency using 
                funds under this part or title III to provide a language 
                instruction educational program as determined under 
                title III shall, not later than 30 days after the 
                beginning of the school year, inform parents of an 
                English learner identified for participation or 
                participating in such a program, of--
                          ``(i) the reasons for the identification of 
                      their child as an English learner and in need of 
                      placement in a language instruction educational 
                      program;
                          ``(ii) the child's level of English 
                      proficiency, how such level was assessed, and the 
                      status of the child's academic achievement;
                          ``(iii) the methods of instruction used in the 
                      program in which their child is, or will be, 
                      participating and the methods of instruction used 
                      in other available programs, including how such 
                      programs differ in content, instructional goals, 
                      and the use of English and a native language in 
                      instruction;
                          ``(iv) how the program in which their child 
                      is, or will be, participating will meet the 
                      educational strengths and needs of their child;
                          ``(v) how such program will specifically help 
                      their child learn English and meet age-appropriate 
                      academic achievement standards for grade promotion 
                      and graduation;
                          ``(vi) the specific exit requirements for the 
                      program, including the expected rate of transition 
                      from such program into classrooms that are not 
                      tailored for English learners, and the expected 
                      rate of graduation from high school (including 
                      four-year adjusted cohort graduation rates and 
                      extended-year adjusted cohort graduation rates for 
                      such program) if funds under this part are used 
                      for children in high schools;
                          ``(vii) in the case of a child with a 
                      disability, how such program meets the objectives 
                      of the individualized education program of the 
                      child, as described in section 614(d) of the 
                      Individuals with Disabilities Education Act (20 
                      U.S.C. 1414(d)); and

[[Page 129 STAT. 1859]]

                          ``(viii) information pertaining to parental 
                      rights that includes written guidance--
                                    ``(I) detailing the right that 
                                parents have to have their child 
                                immediately removed from such program 
                                upon their request;
                                    ``(II) detailing the options that 
                                parents have to decline to enroll their 
                                child in such program or to choose 
                                another program or method of 
                                instruction, if available; and
                                    ``(III) assisting parents in 
                                selecting among various programs and 
                                methods of instruction, if more than 1 
                                program or method is offered by the 
                                eligible entity.
                    ``(B) Special rule applicable during the school 
                year.--For those children who have not been identified 
                as English learners prior to the beginning of the school 
                year but are identified as English learners during such 
                school year, the local educational agency shall notify 
                the children's parents during the first 2 weeks of the 
                child being placed in a language instruction educational 
                program consistent with subparagraph (A).
                    ``(C) Parental participation.--
                          ``(i) In general.--Each local educational 
                      agency receiving funds under this part shall 
                      implement an effective means of outreach to 
                      parents of English learners to inform the parents 
                      regarding how the parents can--
                                    ``(I) be involved in the education 
                                of their children; and
                                    ``(II) be active participants in 
                                assisting their children to--
                                            ``(aa) attain English 
                                        proficiency;
                                            ``(bb) achieve at high 
                                        levels within a well-rounded 
                                        education; and
                                            ``(cc) meet the challenging 
                                        State academic standards 
                                        expected of all students.
                          ``(ii) Regular meetings.--Implementing an 
                      effective means of outreach to parents under 
                      clause (i) shall include holding, and sending 
                      notice of opportunities for, regular meetings for 
                      the purpose of formulating and responding to 
                      recommendations from parents of students assisted 
                      under this part or title III.
                    ``(D) Basis for admission or exclusion.--A student 
                shall not be admitted to, or excluded from, any 
                federally assisted education program on the basis of a 
                surname or language-minority status.
            ``(4) Notice and format.--The notice and information 
        provided to parents under this subsection shall be in an 
        understandable and uniform format and, to the extent 
        practicable, provided in a language that the parents can 
        understand.''.
SEC. 1007. ELIGIBLE SCHOOL ATTENDANCE AREAS.

    Section 1113 (20 U.S.C. 6313) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) Ranking order.--

[[Page 129 STAT. 1860]]

                    ``(A) Ranking.--Except as provided in subparagraph 
                (B), if funds allocated in accordance with subsection 
                (c) are insufficient to serve all eligible school 
                attendance areas, a local educational agency shall--
                          ``(i) annually rank, without regard to grade 
                      spans, such agency's eligible school attendance 
                      areas in which the concentration of children from 
                      low-income families exceeds 75 percent from 
                      highest to lowest according to the percentage of 
                      children from low-income families; and
                          ``(ii) serve such eligible school attendance 
                      areas in rank order.
                    ``(B) Exception.--A local educational agency may 
                lower the threshold in subparagraph (A)(i) to 50 percent 
                for high schools served by such agency.''; and
                    (B) by striking paragraph (5) and inserting the 
                following:
            ``(5) Measures.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a local educational agency shall use 
                the same measure of poverty, which measure shall be the 
                number of children aged 5 through 17 in poverty counted 
                in the most recent census data approved by the 
                Secretary, the number of children eligible for a free or 
                reduced price lunch under the Richard B. Russell 
                National School Lunch Act (42 U.S.C. 1751 et seq.), the 
                number of children in families receiving assistance 
                under the State program funded under part A of title IV 
                of the Social Security Act, or the number of children 
                eligible to receive medical assistance under the 
                Medicaid Program, or a composite of such indicators, 
                with respect to all school attendance areas in the local 
                educational agency--
                          ``(i) to identify eligible school attendance 
                      areas;
                          ``(ii) to determine the ranking of each area; 
                      and
                          ``(iii) to determine allocations under 
                      subsection (c).
                    ``(B) Secondary schools.--For measuring the number 
                of students in low-income families in secondary schools, 
                the local educational agency shall use the same measure 
                of poverty, which shall be--
                          ``(i) the measure described under subparagraph 
                      (A); or
                          ``(ii) subject to meeting the conditions of 
                      subparagraph (C), an accurate estimate of the 
                      number of students in low-income families in a 
                      secondary school that is calculated by applying 
                      the average percentage of students in low-income 
                      families of the elementary school attendance areas 
                      as calculated under subparagraph (A) that feed 
                      into the secondary school to the number of 
                      students enrolled in such school.
                    ``(C) Measure of poverty.--The local educational 
                agency shall have the option to use the measure of 
                poverty described in subparagraph (B)(ii) after--
                          ``(i) conducting outreach to secondary schools 
                      within such agency to inform such schools of the 
                      option to use such measure; and
                          ``(ii) a majority of such schools have 
                      approved the use of such measure.'';

[[Page 129 STAT. 1861]]

            (2) in subsection (b)(1)(D)(i), by striking ``section 
        1120A(c)'' and inserting ``section 1118(c)''; and 
            (3) in subsection (c)--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) Reservation of funds.--
                    ``(A) In general.--A local educational agency shall 
                reserve such funds as are necessary under this part, 
                determined in accordance with subparagraphs (B) and (C), 
                to provide services comparable to those provided to 
                children in schools funded under this part to serve--
                          ``(i) homeless children and youths, including 
                      providing educationally related support services 
                      to children in shelters and other locations where 
                      children may live;
                          ``(ii) children in local institutions for 
                      neglected children; and
                          ``(iii) if appropriate, children in local 
                      institutions for delinquent children, and 
                      neglected or delinquent children in community day 
                      programs.
                    ``(B) Method of determination.--The share of funds 
                determined under subparagraph (A) shall be determined--
                          ``(i) based on the total allocation received 
                      by the local educational agency; and
                          ``(ii) prior to any allowable expenditures or 
                      transfers by the local educational agency.
                    ``(C) Homeless children and youths.--Funds reserved 
                under subparagraph (A)(i) may be--
                          ``(i) determined based on a needs assessment 
                      of homeless children and youths in the local 
                      educational agency, taking into consideration the 
                      number and needs of homeless children and youths 
                      in the local educational agency, and which needs 
                      assessment may be the same needs assessment as 
                      conducted under section 723(b)(1) of the McKinney-
                      Vento Homeless Assistance Act (42 U.S.C. 
                      11433(b)(1)); and
                          ``(ii) used to provide homeless children and 
                      youths with services not ordinarily provided to 
                      other students under this part, including 
                      providing--
                                    ``(I) funding for the liaison 
                                designated pursuant to section 
                                722(g)(1)(J)(ii) of such Act (42 U.S.C. 
                                11432(g)(1)(J)(ii)); and
                                    ``(II) transportation pursuant to 
                                section 722(g)(1)(J)(iii) of such Act 
                                (42 U.S.C. 11432(g)(1)(J)(iii)).'';
                    (B) in paragraph (4), by striking ``school 
                improvement, corrective action, and restructuring under 
                section 1116(b)'' and inserting ``comprehensive support 
                and improvement activities or targeted support and 
                improvement activities under section 1111(d)''; and
                    (C) by adding at the end the following:
            ``(5) Early childhood education.--A local educational agency 
        may reserve funds made available to carry out this section to 
        provide early childhood education programs for eligible 
        children.''.

[[Page 129 STAT. 1862]]

SEC. 1008. SCHOOLWIDE PROGRAMS.

    Section 1114 (20 U.S.C. 6314) is amended--
            (1) by striking subsection (a) and inserting the following:

    ``(a) In General.--
            ``(1) Use of funds for schoolwide programs.--
                    ``(A) Eligibility.--A local educational agency may 
                consolidate and use funds under this part, together with 
                other Federal, State, and local funds, in order to 
                upgrade the entire educational program of a school that 
                serves an eligible school attendance area in which not 
                less than 40 percent of the children are from low-income 
                families, or not less than 40 percent of the children 
                enrolled in the school are from such families.
                    ``(B) Exception.--A school that serves an eligible 
                school attendance area in which less than 40 percent of 
                the children are from low-income families, or a school 
                for which less than 40 percent of the children enrolled 
                in the school are from such families, may operate a 
                schoolwide program under this section if the school 
                receives a waiver from the State educational agency to 
                do so, after taking into account how a schoolwide 
                program will best serve the needs of the students in the 
                school served under this part in improving academic 
                achievement and other factors.
            ``(2) Identification of students not required.--
                    ``(A) In general.--No school participating in a 
                schoolwide program shall be required to identify--
                          ``(i) particular children under this part as 
                      eligible to participate in a schoolwide program; 
                      or
                          ``(ii) individual services as supplementary.
                    ``(B) Supplemental funds.--In accordance with the 
                method of determination described in section 1118(b)(2), 
                a school participating in a schoolwide program shall use 
                funds available to carry out this section only to 
                supplement the amount of funds that would, in the 
                absence of funds under this part, be made available from 
                non-Federal sources for the school, including funds 
                needed to provide services that are required by law for 
                children with disabilities and English learners.
            ``(3) Exemption from statutory and regulatory 
        requirements.--
                    ``(A) Exemption.--Except as provided in paragraph 
                (2), the Secretary may, through publication of a notice 
                in the Federal Register, exempt schoolwide programs 
                under this section from statutory or regulatory 
                provisions of any other noncompetitive formula grant 
                program administered by the Secretary (other than 
                formula or discretionary grant programs under the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1400 et seq.), except as provided in section 
                613(a)(2)(D) of such Act (20 U.S.C. 1413(a)(2)(D))), or 
                any discretionary grant program administered by the 
                Secretary, 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,

[[Page 129 STAT. 1863]]

                maintenance of effort, uses of Federal funds to 
                supplement, not supplant non-Federal funds (in 
                accordance with the method of determination described in 
                section 1118(b)(2)), or the distribution of funds to 
                State educational agencies or local educational agencies 
                that apply to the receipt of funds from such programs.
                    ``(C) Records.--A school that chooses to consolidate 
                and use funds from different Federal programs under this 
                section shall not be required to maintain separate 
                fiscal accounting records, by program, that identify the 
                specific activities supported by those particular funds 
                as long as the school maintains records that demonstrate 
                that the schoolwide program, considered as a whole, 
                addresses the intent and purposes of each of the Federal 
                programs that were consolidated to support the 
                schoolwide program.'';
            (2) by striking subsection (b) and inserting the following:

    ``(b) Schoolwide Program Plan.--An eligible school operating a 
schoolwide program shall develop a comprehensive plan (or amend a plan 
for such a program that was in existence on the day before the date of 
the enactment of the Every Student Succeeds Act) that--
            ``(1) is developed during a 1-year period, unless--
                    ``(A) the local educational agency determines, in 
                consultation with the school, that less time is needed 
                to develop and implement the schoolwide program; or
                    ``(B) the school is operating a schoolwide program 
                on the day before the date of the enactment of the Every 
                Student Succeeds Act, in which case such school may 
                continue to operate such program, but shall develop 
                amendments to its existing plan during the first year of 
                assistance after that date to reflect the provisions of 
                this section;
            ``(2) is developed with the involvement of parents and other 
        members of the community to be served and individuals who will 
        carry out such plan, including teachers, principals, other 
        school leaders, paraprofessionals present in the school, 
        administrators (including administrators of programs described 
        in other parts of this title), the local educational agency, to 
        the extent feasible, tribes and tribal organizations present in 
        the community, and, if appropriate, specialized instructional 
        support personnel, technical assistance providers, school staff, 
        if the plan relates to a secondary school, students, and other 
        individuals determined by the school;
            ``(3) remains in effect for the duration of the school's 
        participation under this part, except that the plan and its 
        implementation shall be regularly monitored and revised as 
        necessary based on student needs to ensure that all students are 
        provided opportunities to meet the challenging State academic 
        standards;
            ``(4) is available to the local educational agency, parents, 
        and the public, and the information contained in such plan shall 
        be in an understandable and uniform format and, to the extent 
        practicable, provided in a language that the parents can 
        understand; and
            ``(5) if appropriate and applicable, is developed in 
        coordination and integration with other Federal, State, and 
        local services, resources, and programs, such as programs 
        supported

[[Page 129 STAT. 1864]]

        under this Act, violence prevention programs, nutrition 
        programs, housing programs, Head Start programs, adult education 
        programs, career and technical education programs, and schools 
        implementing comprehensive support and improvement activities or 
        targeted support and improvement activities under section 
        1111(d);
            ``(6) is based on a comprehensive needs assessment of the 
        entire school that takes into account information on the 
        academic achievement of children in relation to the challenging 
        State academic standards, particularly the needs of those 
        children who are failing, or are at-risk of failing, to meet the 
        challenging State academic standards and any other factors as 
        determined by the local educational agency; and
            ``(7) includes a description of--
                    ``(A) the strategies that the school will be 
                implementing to address school needs, including a 
                description of how such strategies will--
                          ``(i) provide opportunities for all children, 
                      including each of the subgroups of students (as 
                      defined in section 1111(c)(2)) to meet the 
                      challenging State academic standards;
                          ``(ii) use methods and instructional 
                      strategies that strengthen the academic program in 
                      the school, increase the amount and quality of 
                      learning time, and help provide an enriched and 
                      accelerated curriculum, which may include 
                      programs, activities, and courses necessary to 
                      provide a well-rounded education; and
                          ``(iii) address the needs of all children in 
                      the school, but particularly the needs of those at 
                      risk of not meeting the challenging State academic 
                      standards, through activities which may include--
                                    ``(I) counseling, school-based 
                                mental health programs, specialized 
                                instructional support services, 
                                mentoring services, and other strategies 
                                to improve students' skills outside the 
                                academic subject areas;
                                    ``(II) preparation for and awareness 
                                of opportunities for postsecondary 
                                education and the workforce, which may 
                                include career and technical education 
                                programs and broadening secondary school 
                                students' access to coursework to earn 
                                postsecondary credit while still in high 
                                school (such as Advanced Placement, 
                                International Baccalaureate, dual or 
                                concurrent enrollment, or early college 
                                high schools);
                                    ``(III) implementation of a 
                                schoolwide tiered model to prevent and 
                                address problem behavior, and early 
                                intervening services, coordinated with 
                                similar activities and services carried 
                                out under the Individuals with 
                                Disabilities Education Act (20 U.S.C. 
                                1400 et seq.);
                                    ``(IV) professional development and 
                                other activities for teachers, 
                                paraprofessionals, and other school 
                                personnel to improve instruction and use 
                                of data from academic assessments, and 
                                to recruit and retain effective 
                                teachers, particularly in high-need 
                                subjects; and

[[Page 129 STAT. 1865]]

                                    ``(V) strategies for assisting 
                                preschool children in the transition 
                                from early childhood education programs 
                                to local elementary school programs; and
                    ``(B) if programs are consolidated, the specific 
                State educational agency and local educational agency 
                programs and other Federal programs that will be 
                consolidated in the schoolwide program.'';
            (3) by striking subsection (c) and inserting the following:

    ``(c) Preschool Programs.--A school that operates a schoolwide 
program under this section may use funds available under this part to 
establish or enhance preschool programs for children who are under 6 
years of age.
    ``(d) Delivery of Services.--The services of a schoolwide program 
under this section may be delivered by nonprofit or for-profit external 
providers with expertise in using evidence-based or other effective 
strategies to improve student achievement.
    ``(e) Use of Funds for Dual or Concurrent Enrollment Programs.--
            ``(1) In general.--A secondary school operating a schoolwide 
        program under this section may use funds received under this 
        part to operate dual or concurrent enrollment programs that 
        address the needs of low-achieving secondary school students and 
        those at risk of not meeting the challenging State academic 
        standards.
            ``(2) Flexibility of funds.--A secondary school using funds 
        received under this part for a dual or concurrent enrollment 
        program described in paragraph (1) may use such funds for any of 
        the costs associated with such program, including the costs of--
                    ``(A) training for teachers, and joint professional 
                development for teachers in collaboration with career 
                and technical educators and educators from institutions 
                of higher education, where appropriate, for the purpose 
                of integrating rigorous academics in such program;
                    ``(B) tuition and fees, books, required 
                instructional materials for such program, and innovative 
                delivery methods; and
                    ``(C) transportation to and from such program.
            ``(3) Rule of construction.--Nothing in this subsection 
        shall be construed to impose on any State any requirement or 
        rule regarding dual or concurrent enrollment programs that is 
        inconsistent with State law.''.
SEC. 1009. TARGETED ASSISTANCE SCHOOLS.

    Section 1115 (20 U.S.C. 6315) is amended--
            (1) by striking subsection (a) and inserting the following:

    ``(a) In General.--In all schools selected to receive funds under 
section 1113(c) that are ineligible for a schoolwide program under 
section 1114, have not received a waiver under section 1114(a)(1)(B) to 
operate such a schoolwide program, or choose not to operate such a 
schoolwide program, a local educational agency serving such school may 
use funds received under this part only for programs that provide 
services to eligible children under subsection (c) identified as having 
the greatest need for special assistance.'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (b), respectively, and moving those redesignated 
        subsections so as to appear in alphabetical order;

[[Page 129 STAT. 1866]]

            (3) by striking subsection (b), as redesignated by paragraph 
        (2), and inserting the following:

    ``(b) Targeted Assistance School Program.--To assist targeted 
assistance schools and local educational agencies to meet their 
responsibility to provide for all their students served under this part 
the opportunity to meet the challenging State academic standards, each 
targeted assistance program under this section shall--
            ``(1) determine which students will be served;
            ``(2) serve participating students identified as eligible 
        children under subsection (c), including by--
                    ``(A) using resources under this part to help 
                eligible children meet the challenging State academic 
                standards, which may include programs, activities, and 
                academic courses necessary to provide a well-rounded 
                education;
                    ``(B) using methods and instructional strategies to 
                strengthen the academic program of the school through 
                activities, which may include--
                          ``(i) expanded learning time, before- and 
                      after-school programs, and summer programs and 
                      opportunities; and
                          ``(ii) a schoolwide tiered model to prevent 
                      and address behavior problems, and early 
                      intervening services, coordinated with similar 
                      activities and services carried out under the 
                      Individuals with Disabilities Education Act (20 
                      U.S.C. 1400 et seq.);
                    ``(C) coordinating with and supporting the regular 
                education program, which may include services to assist 
                preschool children in the transition from early 
                childhood education programs such as Head Start, the 
                literacy program under subpart 2 of part B of title II, 
                or State-run preschool programs to elementary school 
                programs;
                    ``(D) providing professional development with 
                resources provided under this part, and, to the extent 
                practicable, from other sources, to teachers, 
                principals, other school leaders, paraprofessionals, 
                and, if appropriate, specialized instructional support 
                personnel, and other school personnel who work with 
                eligible children in programs under this section or in 
                the regular education program;
                    ``(E) implementing strategies to increase the 
                involvement of parents of eligible children in 
                accordance with section 1116; and
                    ``(F) if appropriate and applicable, coordinating 
                and integrating Federal, State, and local services and 
                programs, such as programs supported under this Act, 
                violence prevention programs, nutrition programs, 
                housing programs, Head Start programs, adult education 
                programs, career and technical education programs, and 
                comprehensive support and improvement activities or 
                targeted support and improvement activities under 
                section 1111(d); and
                    ``(G) provide to the local educational agency 
                assurances that the school will--
                          ``(i) help provide an accelerated, high-
                      quality curriculum;
                          ``(ii) minimize the removal of children from 
                      the regular classroom during regular school hours 
                      for instruction provided under this part; and

[[Page 129 STAT. 1867]]

                          ``(iii) on an ongoing basis, review the 
                      progress of eligible children and revise the 
                      targeted assistance program under this section, if 
                      necessary, to provide additional assistance to 
                      enable such children to meet the challenging State 
                      academic standards.'';
            (4) in subsection (c), as redesignated by paragraph (2)--
                    (A) in paragraph (1)(B)--
                          (i) by striking ``the State's challenging 
                      student academic achievement standards'' and 
                      inserting ``the challenging State academic 
                      standards''; and
                          (ii) by striking ``such criteria as teacher 
                      judgment, interviews with parents, and 
                      developmentally appropriate measures'' and 
                      inserting ``criteria, including objective 
                      criteria, established by the local educational 
                      agency and supplemented by the school''; and
                    (B) in paragraph (2)--
                          (i) in subparagraph (A), by striking ``limited 
                      English proficient children'' and inserting 
                      ``English learners'';
                          (ii) in subparagraph (B)--
                                    (I) by striking the heading and 
                                inserting ``head start and preschool 
                                children''; and
                                    (II) by striking ``Head Start, Even 
                                Start, or Early Reading First program,'' 
                                and inserting ``Head Start program, the 
                                literacy program under subpart 2 of part 
                                B of title II,''; and
                          (iii) in subparagraph (C), by striking the 
                      heading and inserting ``migrant children'';
            (5) in subsection (e)--
                    (A) in paragraph (2)(B)--
                          (i) by striking ``and'' at the end of clause 
                      (ii);
                          (ii) by redesignating clause (iii) as clause 
                      (v); and
                          (iii) by inserting after clause (ii) the 
                      following new clauses:
                          ``(iii) family support and engagement 
                      services;
                          ``(iv) integrated student supports; and''; and
                          (iv) in clause (v), as redesignated by clause 
                      (iii), by striking ``pupil services'' and 
                      inserting ``specialized instructional support''; 
                      and
                    (B) by striking paragraph (3); and
            (6) by adding at the end the following:

    ``(f) Use of Funds for Dual or Concurrent Enrollment Programs.--A 
secondary school operating a targeted assistance program under this 
section may use funds received under this part to provide dual or 
concurrent enrollment program services described under section 1114(e) 
to eligible children under subsection (c)(1)(B) who are identified as 
having the greatest need for special assistance.
    ``(g) Prohibition.--Nothing in this section shall be construed to 
authorize the Secretary or any other officer or employee of the Federal 
Government to require a local educational agency or school to submit the 
results of a comprehensive needs assessment or plan under section 
1114(b), or a program described in subsection (b), for review or 
approval by the Secretary.
    ``(h) Delivery of Services.--The services of a targeted assistance 
program under this section may be delivered by nonprofit

[[Page 129 STAT. 1868]]

or for-profit external providers with expertise in using evidence-based 
or other effective strategies to improve student achievement.''.
SEC. 1010. PARENT AND FAMILY ENGAGEMENT.

    Section 1116, as redesignated by section 1000(2), <<NOTE: 20 USC 
6318.>> is amended--
            (1) in the section heading, by striking ``parental 
        involvement'' and inserting ``parent and family engagement'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                          (i) by inserting ``conducts outreach to all 
                      parents and family members and'' after ``only if 
                      such agency''; and
                          (ii) by inserting ``and family members'' after 
                      ``and procedures for the involvement of parents'';
                    (B) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A)--
                                    (I) by inserting ``and family 
                                members'' after ``, and distribute to, 
                                parents'';
                                    (II) by striking ``written parent 
                                involvement policy'' and inserting 
                                ``written parent and family engagement 
                                policy''; and
                                    (III) by striking ``expectations for 
                                parent involvement'' and inserting 
                                ``expectations and objectives for 
                                meaningful parent and family 
                                involvement''; and
                          (ii) by striking subparagraphs (A) through (F) 
                      and inserting the following:
                    ``(A) involve parents and family members in jointly 
                developing the local educational agency plan under 
                section 1112, and the development of support and 
                improvement plans under paragraphs (1) and (2) of 
                section 1111(d).
                    ``(B) provide the coordination, technical 
                assistance, and other support necessary to assist and 
                build the capacity of all participating schools within 
                the local educational agency in planning and 
                implementing effective parent and family involvement 
                activities to improve student academic achievement and 
                school performance, which may include meaningful 
                consultation with employers, business leaders, and 
                philanthropic organizations, or individuals with 
                expertise in effectively engaging parents and family 
                members in education;
                    ``(C) coordinate and integrate parent and family 
                engagement strategies under this part with parent and 
                family engagement strategies, to the extent feasible and 
                appropriate, with other relevant Federal, State, and 
                local laws and programs;
                    ``(D) conduct, with the meaningful involvement of 
                parents and family members, an annual evaluation of the 
                content and effectiveness of the parent and family 
                engagement policy in improving the academic quality of 
                all schools served under this part, including 
                identifying--
                          ``(i) barriers to greater participation by 
                      parents in activities authorized by this section 
                      (with particular attention to parents who are 
                      economically disadvantaged, are disabled, have 
                      limited English proficiency, have limited 
                      literacy, or are of any racial or ethnic minority 
                      background);

[[Page 129 STAT. 1869]]

                          ``(ii) the needs of parents and family members 
                      to assist with the learning of their children, 
                      including engaging with school personnel and 
                      teachers; and
                          ``(iii) strategies to support successful 
                      school and family interactions;
                    ``(E) use the findings of such evaluation in 
                subparagraph (D) to design evidence-based strategies for 
                more effective parental involvement, and to revise, if 
                necessary, the parent and family engagement policies 
                described in this section; and
                    ``(F) involve parents in the activities of the 
                schools served under this part, which may include 
                establishing a parent advisory board comprised of a 
                sufficient number and representative group of parents or 
                family members served by the local educational agency to 
                adequately represent the needs of the population served 
                by such agency for the purposes of developing, revising, 
                and reviewing the parent and family engagement 
                policy.''; and
                    (C) in paragraph (3)--
                          (i) by striking subparagraph (A) and inserting 
                      the following:
                    ``(A) In general.--Each local educational agency 
                shall reserve at least 1 percent of its allocation under 
                subpart 2 to assist schools to carry out the activities 
                described in this section, except that this subparagraph 
                shall not apply if 1 percent of such agency's allocation 
                under subpart 2 for the fiscal year for which the 
                determination is made is $5,000 or less. Nothing in this 
                subparagraph shall be construed to limit local 
                educational agencies from reserving more than 1 percent 
                of its allocation under subpart 2 to assist schools to 
                carry out activities described in this section.'';
                          (ii) in subparagraph (B), by striking ``(B) 
                      Parental input.--Parents of children'' and 
                      inserting ``(B) Parent and family member input.--
                      Parents and family members of children'';
                          (iii) in subparagraph (C)--
                                    (I) by striking ``95 percent'' and 
                                inserting ``90 percent''; and
                                    (II) by inserting ``, with priority 
                                given to high-need schools'' after 
                                ``schools served under this part''; and
                          (iv) by adding at the end the following:
                    ``(D) Use of funds.--Funds reserved under 
                subparagraph (A) by a local educational agency shall be 
                used to carry out activities and strategies consistent 
                with the local educational agency's parent and family 
                engagement policy, including not less than 1 of the 
                following:
                          ``(i) Supporting schools and nonprofit 
                      organizations in providing professional 
                      development for local educational agency and 
                      school personnel regarding parent and family 
                      engagement strategies, which may be provided 
                      jointly to teachers, principals, other school 
                      leaders, specialized instructional support 
                      personnel, paraprofessionals, early childhood 
                      educators, and parents and family members.

[[Page 129 STAT. 1870]]

                          ``(ii) Supporting programs that reach parents 
                      and family members at home, in the community, and 
                      at school.
                          ``(iii) Disseminating information on best 
                      practices focused on parent and family engagement, 
                      especially best practices for increasing the 
                      engagement of economically disadvantaged parents 
                      and family members.
                          ``(iv) Collaborating, or providing subgrants 
                      to schools to enable such schools to collaborate, 
                      with community-based or other organizations or 
                      employers with a record of success in improving 
                      and increasing parent and family engagement.
                          ``(v) Engaging in any other activities and 
                      strategies that the local educational agency 
                      determines are appropriate and consistent with 
                      such agency's parent and family engagement 
                      policy.'';
            (3) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Parental Involvement Policy'' and inserting ``Parent 
                and Family Engagement Policy'';
                    (B) in paragraph (1)--
                          (i) by inserting ``and family members'' after 
                      ``distribute to, parents''; and
                          (ii) by striking ``written parental 
                      involvement policy'' and inserting ``written 
                      parent and family engagement policy'';
                    (C) in paragraph (2)--
                          (i) by striking ``parental involvement 
                      policy'' and inserting ``parent and family 
                      engagement policy''; and
                          (ii) by inserting ``and family members'' after 
                      ``that applies to all parents''; and
                    (D) in paragraph (3)--
                          (i) by striking ``parental involvement 
                      policy'' and inserting ``parent and family 
                      engagement policy''; and
                          (ii) by inserting ``and family members in all 
                      schools served by the local educational agency'' 
                      after ``policy that applies to all parents'';
            (4) in subsection (c)--
                    (A) in paragraph (3)--
                          (i) by striking ``parental involvement 
                      policy'' and inserting ``parent and family 
                      engagement policy''; and
                          (ii) by striking ``1114(b)(2)'' and inserting 
                      ``1114(b)'';
                    (B) in paragraph (4)(B), by striking ``the 
                proficiency levels students are expected to meet'' and 
                inserting ``the achievement levels of the challenging 
                State academic standards''; and
                    (C) in paragraph (5), by striking ``1114(b)(2)'' and 
                inserting ``1114(b)'';
            (5) in subsection (d)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``parental involvement policy'' and inserting 
                ``parent and family engagement policy'';
                    (B) in paragraph (1)--
                          (i) by striking ``the State's student academic 
                      achievement standards'' and inserting ``the 
                      challenging State academic standards''; and

[[Page 129 STAT. 1871]]

                          (ii) by striking ``, such as monitoring 
                      attendance, homework completion, and television 
                      watching''; and
                    (C) in paragraph (2)--
                          (i) in subparagraph (B), by striking ``and'' 
                      after the semicolon;
                          (ii) in subparagraph (C), by striking the 
                      period and inserting ``; and''; and
                          (iii) by adding at the end the following:
                    ``(D) ensuring regular two-way, meaningful 
                communication between family members and school staff, 
                and, to the extent practicable, in a language that 
                family members can understand.'';
            (6) in subsection (e)--
                    (A) in paragraph (1), by striking ``the State's 
                academic content standards and State student academic 
                achievement standards'' and inserting ``the challenging 
                State academic standards'';
                    (B) in paragraph (2), by striking ``technology'' and 
                inserting ``technology (including education about the 
                harms of copyright piracy)'';
                    (C) in paragraph (3), by striking ``pupil services 
                personnel, principals'' and inserting ``specialized 
                instructional support personnel, principals, and other 
                school leaders''; and
                    (D) in paragraph (4), by striking ``Head Start, 
                Reading First, Early Reading First, Even Start, the Home 
                Instruction Programs for Preschool Youngsters, the 
                Parents as Teachers Program, and public preschool and 
                other programs,'' and inserting ``other Federal, State, 
                and local programs, including public preschool 
                programs,'';
            (7) by striking subsection (f) and inserting the following:

    ``(f) Accessibility.--In carrying out the parent and family 
engagement requirements of this part, local educational agencies and 
schools, to the extent practicable, shall provide opportunities for the 
informed participation of parents and family members (including parents 
and family members who have limited English proficiency, parents and 
family members with disabilities, and parents and family members of 
migratory children), including providing information and school reports 
required under section 1111 in a format and, to the extent practicable, 
in a language such parents understand.'';
            (8) by striking subsection (g) and inserting the following:

    ``(g) Family Engagement in Education Programs.--In a State operating 
a program under part E of title IV, each local educational agency or 
school that receives assistance under this part shall inform parents and 
organizations of the existence of the program.''; and
            (9) in subsection (h), by striking ``parental involvement 
        policies'' and inserting ``parent and family engagement 
        policies''.
SEC. 1011. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

    Section 1117, as redesignated by section 1000(3), <<NOTE: 20 USC 
6320.>> is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:

[[Page 129 STAT. 1872]]

            ``(1) In general.--To the extent consistent with the number 
        of eligible children identified under section 1115(c) in the 
        school district served by a local educational agency who are 
        enrolled in private elementary schools and secondary schools, a 
        local educational agency shall--
                    ``(A) after timely and meaningful consultation with 
                appropriate private school officials, provide such 
                children, on an equitable basis and individually or in 
                combination, as requested by the officials to best meet 
                the needs of such children, special educational 
                services, instructional services (including evaluations 
                to determine the progress being made in meeting such 
                students' academic needs), counseling, mentoring, one-
                on-one tutoring, or other benefits under this part (such 
                as dual or concurrent enrollment, educational radio and 
                television, computer equipment and materials, other 
                technology, and mobile educational services and 
                equipment) that address their needs; and
                    ``(B) ensure that teachers and families of the 
                children participate, on an equitable basis, in services 
                and activities developed pursuant to section 1116.'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Equity.--
                    ``(A) In general.--Educational services and other 
                benefits for such private school children shall be 
                equitable in comparison to services and other benefits 
                for public school children participating under this 
                part, and shall be provided in a timely manner.
                    ``(B) Ombudsman.--To help ensure such equity for 
                such private school children, teachers, and other 
                educational personnel, the State educational agency 
                involved shall designate an ombudsman to monitor and 
                enforce the requirements of this part.'';
                    (C) by striking paragraph (4) and inserting the 
                following:
            ``(4) Expenditures.--
                    ``(A) Determination.--
                          ``(i) In general.--Expenditures for 
                      educational services and other benefits to 
                      eligible private school children shall be equal to 
                      the proportion of funds allocated to participating 
                      school attendance areas based on the number of 
                      children from low-income families who attend 
                      private schools.
                          ``(ii) Proportional share.--The proportional 
                      share of funds shall be determined based on the 
                      total amount of funds received by the local 
                      educational agency under this part prior to any 
                      allowable expenditures or transfers by the local 
                      educational agency.
                    ``(B) Obligation of funds.--Funds allocated to a 
                local educational agency for educational services and 
                other benefits to eligible private school children shall 
                be obligated in the fiscal year for which the funds are 
                received by the agency.
                    ``(C) Notice of allocation.--Each State educational 
                agency shall provide notice in a timely manner to the 
                appropriate private school officials in the State of the

[[Page 129 STAT. 1873]]

                allocation of funds for educational services and other 
                benefits under this part that the local educational 
                agencies have determined are available for eligible 
                private school children.
                    ``(D) Term of determination.--The local educational 
                agency may determine the equitable share under 
                subparagraph (A) each year or every 2 years.''; and
                    (D) in paragraph (5), by striking ``agency'' and 
                inserting ``agency, or, in a case described in 
                subsection (b)(6)(C), the State educational agency 
                involved,'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``part,'' and inserting ``part. Such 
                      agency and private school officials shall both 
                      have the goal of reaching agreement on how to 
                      provide equitable and effective programs for 
                      eligible private school children, the results of 
                      which agreement shall be transmitted to the 
                      ombudsman designated under subsection (a)(3)(B). 
                      Such process shall include consultation'';
                          (ii) in subparagraph (E)--
                                    (I) by striking ``and'' before ``the 
                                proportion of funds'';
                                    (II) by striking ``(a)(4)'' and 
                                inserting ``(a)(4)(A)'' ; and
                                    (III) by inserting ``, and how that 
                                proportion of funds is determined'' 
                                after ``such services'';
                          (iii) in subparagraph (G), by striking ``and'' 
                      after the semicolon;
                          (iv) in subparagraph (H), by striking the 
                      period at the end and inserting a semicolon; and
                          (v) by adding at the end the following:
                    ``(I) whether the agency shall provide services 
                directly or through a separate government agency, 
                consortium, entity, or third-party contractor;
                    ``(J) whether to provide equitable services to 
                eligible private school children--
                          ``(i) by creating a pool or pools of funds 
                      with all of the funds allocated under subsection 
                      (a)(4)(A) based on all the children from low-
                      income families in a participating school 
                      attendance area who attend private schools; or
                          ``(ii) in the agency's participating school 
                      attendance area who attend private schools with 
                      the proportion of funds allocated under subsection 
                      (a)(4)(A) based on the number of children from 
                      low-income families who attend private schools;
                    ``(K) when, including the approximate time of day, 
                services will be provided; and
                    ``(L) whether to consolidate and use funds provided 
                under subsection (a)(4) in coordination with eligible 
                funds available for services to private school children 
                under applicable programs, as defined in section 
                8501(b)(1)to provide services to eligible private school 
                children participating in programs.'';
                    (B) by redesignating paragraphs (2) through (5) as 
                paragraphs (3) through (6), respectively;

[[Page 129 STAT. 1874]]

                    (C) by inserting after paragraph (1) the following:
            ``(2) Disagreement.--If a local educational agency disagrees 
        with the views of private school officials with respect to an 
        issue described in paragraph (1), the local educational agency 
        shall provide in writing to such private school officials the 
        reasons why the local educational agency disagrees.'';
                    (D) in paragraph (5) (as redesignated by 
                subparagraph (B))--
                          (i) by inserting ``meaningful'' before 
                      ``consultation'' in the first sentence;
                          (ii) by inserting ``The written affirmation 
                      shall provide the option for private school 
                      officials to indicate such officials' belief that 
                      timely and meaningful consultation has not 
                      occurred or that the program design is not 
                      equitable with respect to eligible private school 
                      children.'' after ``occurred.''; and
                          (iii) by striking ``has taken place'' and 
                      inserting ``has, or attempts at such consultation 
                      have, taken place''; and
                    (E) in paragraph (6) (as redesignated by 
                subparagraph (B))--
                          (i) in subparagraph (A)--
                                    (I) by striking ``right to complain 
                                to'' and inserting ``right to file a 
                                complaint with'';
                                    (II) by inserting ``asserting'' 
                                after ``State educational agency'';
                                    (III) by striking ``or'' before 
                                ``did not give due consideration''; and
                                    (IV) by inserting ``, or did not 
                                make a decision that treats the private 
                                school students equitably as required by 
                                this section'' before the period at the 
                                end;
                          (ii) in subparagraph (B), by striking ``to 
                      complain,'' and inserting ``to file a 
                      complaint,''; and
                          (iii) by adding at the end the following:
                    ``(C) State educational agencies.--A State 
                educational agency shall provide services under this 
                section directly or through contracts with public or 
                private agencies, organizations, or institutions, if the 
                appropriate private school officials have--
                          ``(i) requested that the State educational 
                      agency provide such services directly; and
                          ``(ii) demonstrated that the local educational 
                      agency involved has not met the requirements of 
                      this section in accordance with the procedures for 
                      making such a request, as prescribed by the State 
                      educational agency.'';
            (3) in subsection (c)(2), by striking ``section 9505'' and 
        inserting ``section 8503''; and
            (4) in subsection (e)(2), by striking ``sections 9503 and 
        9504'' and inserting ``sections 8503 and 8504''.
SEC. 1012. SUPPLEMENT, NOT SUPPLANT.

    Section 1118, as redesignated by section 1000(4), <<NOTE: 20 USC 
6321.>> is amended--
            (1) in subsection (a), by striking ``section 9521'' and 
        inserting ``section 8521''; and
            (2) by striking subsection (b) and inserting the following:

[[Page 129 STAT. 1875]]

    ``(b) Federal Funds To Supplement, Not Supplant, Non-Federal 
Funds.--
            ``(1) In general.--A State educational agency or local 
        educational agency shall use Federal funds received under this 
        part only to supplement the funds that would, in the absence of 
        such Federal funds, be made available from State and local 
        sources for the education of students participating in programs 
        assisted under this part, and not to supplant such funds.
            ``(2) Compliance.--To demonstrate compliance with paragraph 
        (1), a local educational agency shall demonstrate that the 
        methodology used to allocate State and local funds to each 
        school receiving assistance under this part ensures that such 
        school receives all of the State and local funds it would 
        otherwise receive if it were not receiving assistance under this 
        part.
            ``(3) Special rule.--No local educational agency shall be 
        required to--
                    ``(A) identify that an individual cost or service 
                supported under this part is supplemental; or
                    ``(B) provide services under this part through a 
                particular instructional method or in a particular 
                instructional setting in order to demonstrate such 
                agency's compliance with paragraph (1).
            ``(4) Prohibition.--Nothing in this section shall be 
        construed to authorize or permit the Secretary to prescribe the 
        specific methodology a local educational agency uses to allocate 
        State and local funds to each school receiving assistance under 
        this part.
            ``(5) Timeline.--A local educational agency--
                    ``(A) shall meet the compliance requirement under 
                paragraph (2) not later than 2 years after the date of 
                enactment of the Every Student Succeeds Act; and
                    ``(B) may demonstrate compliance with the 
                requirement under paragraph (1) before the end of such 
                2-year period using the method such local educational 
                agency used on the day before the date of enactment of 
                the Every Student Succeeds Act.''.
SEC. 1013. COORDINATION REQUIREMENTS.

    Section 1119, as redesignated by section 1000(5), <<NOTE: 20 USC 
6322.>> is amended--
            (1) in subsection (a)--
                    (A) by striking ``such as the Early Reading First 
                program''; and
                    (B) by adding at the end the following new sentence: 
                ``Each local educational agency shall develop agreements 
                with such Head Start agencies and other entities to 
                carry out such activities.''; and
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``early childhood development programs, such as 
                the Early Reading First program,'' and inserting ``early 
                childhood education programs'';
                    (B) in paragraph (1), by striking ``early childhood 
                development program such as the Early Reading First 
                program'' and inserting ``early childhood education 
                program'';
                    (C) in paragraph (2), by striking ``early childhood 
                development programs such as the Early Reading First

[[Page 129 STAT. 1876]]

                program'' and inserting ``early childhood education 
                programs'';
                    (D) in paragraph (3), by striking ``early childhood 
                development programs such as the Early Reading First 
                program'' and inserting ``early childhood education 
                programs'';
                    (E) in paragraph (4)--
                          (i) by striking ``Early Reading First program 
                      staff,''; and
                          (ii) by striking ``early childhood development 
                      program'' and inserting ``early childhood 
                      education program''; and
                    (F) in paragraph (5), by striking ``and entities 
                carrying out Early Reading First programs''.
SEC. 1014. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE 
                          INTERIOR.

    Section 1121 (20 U.S.C. 6331) is amended to read as follows:
``SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF 
                          THE INTERIOR.

    ``(a) Reservation of Funds.--Subject to subsection (e), from the 
amount appropriated for payments to States for any fiscal year under 
section 1002(a), the Secretary shall--
            ``(1) reserve 0.4 percent to provide assistance to the 
        outlying areas in accordance with subsection (b); and
            ``(2) reserve 0.7 percent to provide assistance to the 
        Secretary of the Interior in accordance with subsection (d).

    ``(b) Assistance to Outlying Areas.--
            ``(1) Funds reserved.--From the amount made available for 
        any fiscal year under subsection (a)(1), the Secretary shall--
                    ``(A) first reserve $1,000,000 for the Republic of 
                Palau, until Palau enters into an agreement for 
                extension of United States educational assistance under 
                the Compact of Free Association, and subject to such 
                terms and conditions as the Secretary may establish, 
                except that Public Law 95-134, permitting the 
                consolidation of grants, shall not apply; and
                    ``(B) use the remaining funds to award grants to the 
                outlying areas in accordance with paragraphs (2) through 
                (5).
            ``(2) Amount of grants.--The Secretary shall allocate the 
        amount available under paragraph (1)(B) to the outlying areas in 
        proportion to their relative numbers of children, aged 5 to 17, 
        inclusive, from families below the poverty level, on the basis 
        of the most recent satisfactory data available from the 
        Department of Commerce.
            ``(3) Hold-harmless amounts.--For each fiscal year, the 
        amount made available to each outlying area under this 
        subsection shall be--
                    ``(A) not less than 95 percent of the amount made 
                available for the preceding fiscal year if the number of 
                children counted under paragraph (2) is not less than 30 
                percent of the total number of children aged 5 to 17 
                years, inclusive, in the outlying area;
                    ``(B) not less than 90 percent of the amount made 
                available for the preceding fiscal year if the 
                percentage

[[Page 129 STAT. 1877]]

                described in subparagraph (A) is between 15 percent and 
                30 percent; and
                    ``(C) not less than 85 percent of the amount made 
                available for the preceding fiscal year if the 
                percentage described in subparagraph (A) is below 15 
                percent.
            ``(4) Ratable reductions.--If the amount made available 
        under paragraph (1)(B) for any fiscal year is insufficient to 
        pay the full amounts that the outlying areas are eligible to 
        receive under paragraphs (2) and (3) for that fiscal year, the 
        Secretary shall ratably reduce those amounts.
            ``(5) Uses.--Grant funds awarded under paragraph (1)(A) may 
        be used only--
                    ``(A) for programs described in this Act, including 
                teacher training, curriculum development, instructional 
                materials, or general school improvement and reform; and
                    ``(B) to provide direct educational services that 
                assist all students with meeting the challenging State 
                academic standards.

    ``(c) Definitions.--For the purpose of this section, the term 
`outlying area' means the United States Virgin Islands, Guam, American 
Samoa, and the Commonwealth of the Northern Mariana Islands.
    ``(d) Allotment to the Secretary of the Interior.--
            ``(1) In general.--The amount allotted for payments to the 
        Secretary of the Interior under subsection (a)(2) for any fiscal 
        year shall be used, in accordance with such criteria as the 
        Secretary may establish, to meet the unique educational needs 
        of--
                    ``(A) Indian children on reservations served by 
                elementary schools and secondary schools for Indian 
                children operated or supported by the Department of the 
                Interior; and
                    ``(B) out-of-State Indian children in elementary 
                schools and secondary schools in local educational 
                agencies under special contracts with the Department of 
                the Interior.
            ``(2) Payments.--From the amount allotted for payments to 
        the Secretary of the Interior under subsection (a)(2), the 
        Secretary of the Interior shall make payments to local 
        educational agencies, on such terms as the Secretary determines 
        will best carry out the purposes of this part, with respect to 
        out-of-State Indian children described in paragraph (1). The 
        amount of such payment may not exceed, for each such child, the 
        greater of--
                    ``(A) 40 percent of the average per-pupil 
                expenditure in the State in which the agency is located; 
                or
                    ``(B) 48 percent of such expenditure in the United 
                States.

    ``(e) Limitation on Applicability.--If, by reason of the application 
of subsection (a) for any fiscal year, the total amount available for 
allocation to all States under this part would be less than the amount 
allocated to all States for fiscal year 2016 under this part, the 
Secretary shall provide assistance to the outlying areas and the 
Secretary of the Interior in accordance with this section, as in effect 
on the day before the date of enactment of the Every Student Succeeds 
Act.''.

[[Page 129 STAT. 1878]]

SEC. 1015. ALLOCATIONS TO STATES.

    Section 1122(a) (20 U.S.C. 6332(a)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``2002-2007'' and inserting ``2017-2020''; and
            (2) by striking paragraph (3) and inserting the following:
            ``(3) an amount equal to 100 percent of the amount, if any, 
        by which the total amount made available under this subsection 
        for the current fiscal year for which the determination is made 
        exceeds the total amount available to carry out sections 1124 
        and 1124A for fiscal year 2001 shall be used to carry out 
        sections 1125 and 1125A and such amount shall be divided equally 
        between sections 1125 and 1125A.''.
SEC. 1016. ADEQUACY OF FUNDING RULE.

    Section 1125AA (20 U.S.C. 6336) is amended by striking the section 
heading and all that follows through ``Pursuant'' and inserting the 
following: ``Adequacy of Funding to Local Educational Agencies in Fiscal 
Years After Fiscal Year 2001.--Pursuant''.
SEC. 1017. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

    Section 1125A (20 U.S.C. 6337) is amended--
            (1) in subsection (a), by striking ``funds appropriated 
        under subsection (f)'' and inserting ``funds made available 
        under section 1122(a)'';
            (2) in subsection (b)(1)--
                    (A) in subparagraph (A), by striking ``appropriated 
                pursuant to subsection (f)'' and inserting ``made 
                available for any fiscal year to carry out this 
                section''; and
                    (B) in subparagraph (B)(i), by striking ``total 
                appropriations'' and inserting ``the total amount 
                reserved under section 1122(a) to carry out this 
                section'';
            (3) in subsection (c), by redesignating subparagraphs (A) 
        and (B) as paragraphs (1) and (2), respectively;
            (4) in subsection (d)(1)(A)(ii), by striking ``clause 
        ``(i)'' and inserting ``clause (i)'';
            (5) by striking subsection (e) and inserting the following:

    ``(e) Maintenance of Effort.--
            ``(1) In general.--A State is entitled to receive its full 
        allotment of funds under this section for any fiscal year if the 
        Secretary finds that the State's fiscal effort per student or 
        the aggregate expenditures of the State with respect to the 
        provision of free public education by the State for the 
        preceding fiscal year was not less than 90 percent of the fiscal 
        effort or aggregate expenditures for the second preceding fiscal 
        year, subject to the requirements of paragraph (2).
            ``(2) Reduction in case of failure to meet.--
                    ``(A) In general.--The Secretary shall reduce the 
                amount of the allotment of funds under this section for 
                any fiscal year in the exact proportion by which a State 
                fails to meet the requirement of paragraph (1) by 
                falling below 90 percent of both the fiscal effort per 
                student and aggregate expenditures (using the measure 
                most favorable to the State), if such State has also 
                failed to meet such requirement (as determined using the 
                measure most favorable to the State) for 1 or more of 
                the 5 immediately preceding fiscal years.

[[Page 129 STAT. 1879]]

                    ``(B) Special rule.--No such lesser amount shall be 
                used for computing the effort required under paragraph 
                (1) for subsequent years.
            ``(3) Waiver.--The Secretary may waive the requirements of 
        this subsection if the Secretary determines that a waiver would 
        be equitable due to--
                    ``(A) exceptional or uncontrollable circumstances, 
                such as a natural disaster or a change in the 
                organizational structure of the State; or
                    ``(B) a precipitous decline in the financial 
                resources of the State.'';
            (6) by striking subsection (f);
            (7) by redesignating subsection (g) as subsection (f); and
            (8) in subsection (f), as redesignated by paragraph (7)--
                    (A) in paragraph (1), by striking ``under this 
                section'' and inserting ``to carry out this section''; 
                and
                    (B) in paragraph (3), in the matter preceding 
                subparagraph (A), by striking ``shall be'' and inserting 
                ``shall be--''.

                     PART B--STATE ASSESSMENT GRANTS

SEC. 1201. STATE ASSESSMENT GRANTS.

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

                    ``PART B--STATE ASSESSMENT GRANTS

``SEC. 1201. <<NOTE: 20 USC 6361.>> GRANTS FOR STATE ASSESSMENTS 
                          AND RELATED ACTIVITIES.

    ``(a) Grants Authorized.--From amounts made available in accordance 
with section 1203, the Secretary shall make grants to State educational 
agencies to enable the States to carry out 1 or more of the following:
            ``(1) To pay the costs of the development of the State 
        assessments and standards adopted under section 1111(b), which 
        may include the costs of working in voluntary partnerships with 
        other States, at the sole discretion of each such State.
            ``(2) If a State has developed the assessments adopted under 
        section 1111(b), to administer those assessments or to carry out 
        other assessment activities described in this part, such as the 
        following:
                    ``(A) Ensuring the provision of appropriate 
                accommodations available to English learners and 
                children with disabilities to improve the rates of 
                inclusion in regular assessments of such children, 
                including professional development activities to improve 
                the implementation of such accommodations in 
                instructional practice.
                    ``(B) Developing challenging State academic 
                standards and aligned assessments in academic subjects 
                for which standards and assessments are not required 
                under section 1111(b).

[[Page 129 STAT. 1880]]

                    ``(C) Developing or improving assessments for 
                English learners, including assessments of English 
                language proficiency as required under section 
                1111(b)(2)(G) and academic assessments in languages 
                other than English to meet the State's obligations under 
                section 1111(b)(2)(F).
                    ``(D) Ensuring the continued validity and 
                reliability of State assessments.
                    ``(E) Refining State assessments to ensure their 
                continued alignment with the challenging State academic 
                standards and to improve the alignment of curricula and 
                instructional materials.
                    ``(F) Developing or improving balanced assessment 
                systems that include summative, interim, and formative 
                assessments, including supporting local educational 
                agencies in developing or improving such assessments.
                    ``(G) At the discretion of the State, refining 
                science assessments required under section 1111(b)(2) in 
                order to integrate engineering design skills and 
                practices into such assessments.
                    ``(H) Developing or improving models to measure and 
                assess student progress or student growth on State 
                assessments under section 1111(b)(2) and other 
                assessments not required under section 1111(b)(2).
                    ``(I) Developing or improving assessments for 
                children with disabilities, including alternate 
                assessments aligned to alternate academic achievement 
                standards for students with the most significant 
                cognitive disabilities described in section 
                1111(b)(2)(D), and using the principles of universal 
                design for learning.
                    ``(J) Allowing for collaboration with institutions 
                of higher education, other research institutions, or 
                other organizations to improve the quality, validity, 
                and reliability of State academic assessments beyond the 
                requirements for such assessments described in section 
                1111(b)(2).
                    ``(K) Measuring student academic achievement using 
                multiple measures of student academic achievement from 
                multiple sources.
                    ``(L) Evaluating student academic achievement 
                through the development of comprehensive academic 
                assessment instruments (such as performance and 
                technology-based academic assessments, computer adaptive 
                assessments, projects, or extended performance task 
                assessments) that emphasize the mastery of standards and 
                aligned competencies in a competency-based education 
                model.
                    ``(M) Designing the report cards and reports under 
                section 1111(h) in an easily accessible, user friendly-
                manner that cross-tabulates student information by any 
                category the State determines appropriate, as long as 
                such cross-tabulation--
                          ``(i) does not reveal personally identifiable 
                      information about an individual student; and
                          ``(ii) is derived from existing State and 
                      local reporting requirements.

    ``(b) Rule of Construction.--Nothing in subsection (a)(2)(M) shall 
be construed as authorizing, requiring, or allowing any additional 
reporting requirements, data elements, or information to

[[Page 129 STAT. 1881]]

be reported to the Secretary unless such reporting, data, or information 
is explicitly authorized under this Act.
    ``(c) Annual Report.--Each State educational agency receiving a 
grant under this section shall submit an annual report to the Secretary 
describing the State's activities under the grant and the result of such 
activities.
``SEC. 1202. <<NOTE: 20 USC 6362.>> STATE OPTION TO CONDUCT 
                          ASSESSMENT SYSTEM AUDIT.

    ``(a) In General.--From the amount reserved under section 1203(a)(3) 
for a fiscal year, the Secretary shall make grants to States to enable 
the States to--
            ``(1) in the case of a grant awarded under this section to a 
        State for the first time--
                    ``(A) audit State assessment systems and ensure that 
                local educational agencies audit local assessments under 
                subsection (e)(1);
                    ``(B) execute the State plan under subsection 
                (e)(3)(D); and
                    ``(C) award subgrants under subsection (f); and
            ``(2) in the case of a grant awarded under this section to a 
        State that has previously received a grant under this section--
                    ``(A) execute the State plan under subsection 
                (e)(3)(D); and
                    ``(B) award subgrants under subsection (f).

    ``(b) Minimum Amount.--Each State that receives a grant under this 
section shall receive an annual grant amount of not less than 
$1,500,000.
    ``(c) Reallocation.--If a State chooses not to apply for a grant 
under this section, the Secretary shall reallocate such grant amount to 
other States in accordance with the formula described in section 
1203(a)(4)(B).
    ``(d) Application.--A State desiring to receive a grant under this 
section shall submit an application to the Secretary at such time and in 
such manner as the Secretary shall require. The application shall 
include a description of--
            ``(1) in the case of a State that is receiving a grant under 
        this section for the first time--
                    ``(A) the audit the State will carry out under 
                subsection (e)(1); and
                    ``(B) the stakeholder feedback the State will seek 
                in designing such audit;
            ``(2) in the case of a State that is not receiving a grant 
        under this section for the first time, the plan described in 
        subsection (e)(3)(D); and
            ``(3) how the State will award subgrants to local 
        educational agencies under subsection (f).

    ``(e) Audits of State Assessment Systems and Local Assessments.--
            ``(1) Audit requirements.--Not later than 1 year after the 
        date a State receives an initial grant under this section, the 
        State shall--
                    ``(A) conduct a State assessment system audit as 
                described in paragraph (3);
                    ``(B) ensure that each local educational agency 
                receiving funds under this section--

[[Page 129 STAT. 1882]]

                          ``(i) conducts an audit of local assessments 
                      administered by the local educational agency as 
                      described in paragraph (4); and
                          ``(ii) submits the results of such audit to 
                      the State; and
                    ``(C) report the results of each State and local 
                educational agency audit conducted under subparagraphs 
                (A) and (B), in a format that is widely accessible and 
                publicly available.
            ``(2) Resources for local educational agencies.--In carrying 
        out paragraph (1)(B), each State shall provide local educational 
        agencies with resources, such as guidelines and protocols, to 
        assist in conducting and reporting audit results.
            ``(3) State assessment system description.--Each State 
        assessment system audit conducted under paragraph (1)(A) shall 
        include--
                    ``(A) the schedule for the administration of all 
                State assessments;
                    ``(B) for each State assessment--
                          ``(i) the purpose for which the assessment was 
                      designed and the purpose for which the assessment 
                      is used; and
                          ``(ii) the legal authority for the 
                      administration of the assessment;
                    ``(C) feedback on such system from stakeholders, 
                which shall include information such as--
                          ``(i) how teachers, principals, other school 
                      leaders, and administrators use assessment data to 
                      improve and differentiate instruction;
                          ``(ii) the timing of release of assessment 
                      data;
                          ``(iii) the extent to which assessment data is 
                      presented in an accessible and understandable 
                      format for all stakeholders;
                          ``(iv) the opportunities, resources, and 
                      training teachers, principals, other school 
                      leaders, and administrators are given to review 
                      assessment results and make effective use of 
                      assessment data;
                          ``(v) the distribution of technological 
                      resources and personnel necessary to administer 
                      assessments;
                          ``(vi) the amount of time teachers spend on 
                      assessment preparation and administration;
                          ``(vii) the assessments that administrators, 
                      teachers, principals, other school leaders, 
                      parents, and students, if appropriate, do and do 
                      not find useful; and
                          ``(viii) other information as appropriate; and
                    ``(D) a plan, based on the information gathered as a 
                result of the activities described in subparagraphs (A), 
                (B), and (C), to improve and streamline the State 
                assessment system, including activities such as--
                          ``(i) eliminating any unnecessary assessments, 
                      which may include paying the cost associated with 
                      terminating procurement contracts;
                          ``(ii) supporting the dissemination of best 
                      practices from local educational agencies or other 
                      States that have successfully improved assessment 
                      quality and efficiency to improve teaching and 
                      learning; and

[[Page 129 STAT. 1883]]

                          ``(iii) supporting local educational agencies 
                      or consortia of local educational agencies to 
                      carry out efforts to streamline local assessment 
                      systems and implement a regular process of review 
                      and evaluation of assessment use in local 
                      educational agencies.
            ``(4) Local assessment description.--An audit of local 
        assessments conducted in accordance with paragraph (1)(B)(i) 
        shall include the same information described in paragraph (3) 
        that is required of a State audit, except that such information 
        shall be included as applicable to the local educational agency 
        and the local assessments.

    ``(f) Subgrants to Local Educational Agencies.--
            ``(1) In general.--Each State shall reserve not less than 20 
        percent of the grant funds awarded to the State under this 
        section to make subgrants to local educational agencies in the 
        State or consortia of such local educational agencies, based on 
        demonstrated need in the agency's or consortium's application, 
        to enable such agencies or consortia to improve assessment 
        quality and use, and alignment, including, if applicable, 
        alignment to the challenging State academic standards.
            ``(2) Local educational agency application.--Each local 
        educational agency, or consortium of local educational agencies, 
        seeking a subgrant under this subsection shall submit an 
        application to the State at such time, in such manner, and 
        containing such other information as determined necessary by the 
        State. The application shall include a description of the 
        agency's or consortium's needs relating to the improvement of 
        assessment quality, use, and alignment.
            ``(3) Use of funds.--A subgrant awarded under this 
        subsection to a local educational agency or consortium of such 
        agencies may be used to--
                    ``(A) conduct an audit of local assessments under 
                subsection (e)(1)(B)(i);
                    ``(B) carry out the plan described in subsection 
                (e)(3)(D) as it pertains to such agency or consortium;
                    ``(C) improve assessment delivery systems and 
                schedules, including by increasing access to technology 
                and assessment proctors, where appropriate;
                    ``(D) hire instructional coaches, or promote 
                teachers who may receive increased compensation to serve 
                as instructional coaches, to support teachers in the 
                development of classroom-based assessments, interpreting 
                assessment data, and designing instruction;
                    ``(E) provide for appropriate accommodations to 
                maximize inclusion of children with disabilities and 
                English learners participating in assessments; and
                    ``(F) improve the capacity of teachers, principals, 
                and other school leaders to disseminate assessment data 
                in an accessible and understandable format for parents 
                and families, including for children with disabilities 
                and English learners.

    ``(g) Definitions.--In this section:
            ``(1) Local assessment.--The term `local assessment' means 
        an academic assessment selected and carried out by a local 
        educational agency that is separate from an assessment required 
        under section 1111(b)(2).

[[Page 129 STAT. 1884]]

            ``(2) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 1203. <<NOTE: 20 USC 6363.>> ALLOTMENT OF APPROPRIATED 
                          FUNDS.

    ``(a) Amounts Equal to or Less Than Trigger Amount.--From amounts 
made available for each fiscal year under subsection 1002(b) that are 
equal to or less than the amount described in section 1111(b)(2)(I), the 
Secretary shall--
            ``(1) reserve one-half of 1 percent for the Bureau of Indian 
        Education;
            ``(2) reserve one-half of 1 percent for the outlying areas;
            ``(3) reserve not more than 20 percent to carry out section 
        1202; and
            ``(4) from the remainder, carry out section 1201 by 
        allocating to each State an amount equal to--
                    ``(A) $3,000,000, except for a fiscal year for which 
                the amounts available are insufficient to allocate such 
                amount to each State, the Secretary shall ratably reduce 
                such amount for each State; and
                    ``(B) with respect to any amounts remaining after 
                the allocation under subparagraph (A), an amount that 
                bears the same relationship to such total remaining 
                amounts as the number of students aged 5 through 17 in 
                the State (as determined by the Secretary on the basis 
                of the most recent satisfactory data) bears to the total 
                number of such students in all States.

    ``(b) Amounts Above Trigger Amount.--For any fiscal year for which 
the amount made available for a fiscal year under subsection 1002(b) 
exceeds the amount described in section 1111(b)(2)(I), the Secretary 
shall make such excess amount available as follows:
            ``(1) Competitive grants.--
                    ``(A) In general.--The Secretary shall first use 
                such funds to award grants, on a competitive basis, to 
                State educational agencies or consortia of State 
                educational agencies that have submitted applications 
                described in subparagraph (B) to enable such States to 
                carry out the activities described in subparagraphs (C), 
                (H), (I), (J), (K), and (L) of section 1201(a)(2).
                    ``(B) Applications.--A State, or a consortium of 
                States, that desires a competitive grant under 
                subparagraph (A) shall submit an application to the 
                Secretary at such time and in such manner as the 
                Secretary may reasonably require. The application shall 
                demonstrate that the requirements of this section will 
                be met for the uses of funds described under 
                subparagraph (A).
                    ``(C) Amount of competitive grants.--In determining 
                the amount of a grant under subparagraph (A), the 
                Secretary shall ensure that a State or consortium's 
                grant, as the case may be, shall include an amount that 
                bears the same relationship to the total funds available 
                to carry out this subsection for the fiscal year as the 
                number of students aged 5 through 17 in the State, or, 
                in the case of a consortium, in each State that 
                comprises the consortium, (as determined by the 
                Secretary on the basis of

[[Page 129 STAT. 1885]]

                the most recent satisfactory data) bears to the total 
                number of such students in all States.
            ``(2) Allotments.--Any amounts remaining after the Secretary 
        awards funds under paragraph (1) shall be allotted to each 
        State, or consortium of States, that did not receive a grant 
        under such paragraph, in an amount that bears the same 
        relationship to the remaining amounts as the number of students 
        aged 5 through 17 in the State, or, in the case of a consortium, 
        in the States of the consortium, (as determined by the Secretary 
        on the basis of the most recent satisfactory data) bears to the 
        total number of such students in all States.

    ``(c) State Defined.--In this part, the term `State' means each of 
the 50 States, the District of Columbia, and the Commonwealth of Puerto 
Rico.
    ``(d) Prohibition.--In making funds available to States under this 
part, the Secretary shall comply with the prohibitions described in 
section 8529.
``SEC. 1204. <<NOTE: 20 USC 6364.>> INNOVATIVE ASSESSMENT AND 
                          ACCOUNTABILITY DEMONSTRATION AUTHORITY.

    ``(a) Innovative Assessment System Defined.--The term `innovative 
assessment system' means a system of assessments that may include--
            ``(1) competency-based assessments, instructionally embedded 
        assessments, interim assessments, cumulative year-end 
        assessments, or performance-based assessments that combine into 
        an annual summative determination for a student, which may be 
        administered through computer adaptive assessments; and
            ``(2) assessments that validate when students are ready to 
        demonstrate mastery or proficiency and allow for differentiated 
        student support based on individual learning needs.

    ``(b) Demonstration Authority.--
            ``(1) In general.--The Secretary may provide a State 
        educational agency, or a consortium of State educational 
        agencies, in accordance with paragraph (3), with the authority 
        to establish an innovative assessment system (referred to in 
        this section as `demonstration authority').
            ``(2) Demonstration period.--In accordance with the 
        requirements described in subsection (e), each State educational 
        agency, or consortium of State educational agencies, that 
        submits an application under this section shall propose in its 
        application the period of time over which the State educational 
        agency or consortium desires to exercise the demonstration 
        authority, except that such period shall not exceed 5 years.
            ``(3) Initial demonstration authority and expansion.--During 
        the first 3 years that the Secretary provides State educational 
        agencies and consortia with demonstration authority (referred to 
        in this section as the `initial demonstration period') the 
        Secretary shall provide such demonstration authority to--
                    ``(A) a total number of not more than 7 
                participating State educational agencies, including 
                those participating in consortia, that have applications 
                approved under subsection (e); and
                    ``(B) consortia that include not more than 4 State 
                educational agencies.

[[Page 129 STAT. 1886]]

    ``(c) Progress Report.--
            ``(1) In general.--Not later than 180 days after the end of 
        the initial demonstration period, and prior to providing 
        additional State educational agencies with demonstration 
        authority, the Director of the Institute of Education Sciences, 
        in consultation with the Secretary, shall publish a report 
        detailing the initial progress of innovative assessment systems 
        carried out through demonstration authority under this section.
            ``(2) Criteria.--The progress report under paragraph (1) 
        shall be based on the annual information submitted by 
        participating States described in subsection (e)(2)(B)(ix) and 
        examine the extent to which--
                    ``(A) with respect to each innovative assessment 
                system--
                          ``(i) the State educational agency has 
                      solicited feedback from teachers, principals, 
                      other school leaders, and parents about their 
                      satisfaction with the innovative assessment 
                      system;
                          ``(ii) teachers, principals, and other school 
                      leaders have demonstrated a commitment and 
                      capacity to implement or continue to implement the 
                      innovative assessment system; and
                          ``(iii) substantial evidence exists 
                      demonstrating that the innovative assessment 
                      system has been developed in accordance with the 
                      requirements of subsection (e); and
                    ``(B) each State with demonstration authority has 
                demonstrated that--
                          ``(i) the same innovative assessment system 
                      was used to measure the achievement of all 
                      students that participated in the innovative 
                      assessment system; and
                          ``(ii) of the total number of all students, 
                      and the total number of each of the subgroups of 
                      students defined in section 1111(c)(2), eligible 
                      to participate in the innovative assessment system 
                      in a given year, the State assessed in that year 
                      an equal or greater percentage of such eligible 
                      students, as measured under section 1111(c)(4)(E), 
                      as were assessed in the State in such year using 
                      the assessment system under section 1111(b)(2).
            ``(3) Use of report.--Upon completion of the progress 
        report, the Secretary shall provide a response to the findings 
        of the progress report, including a description of how the 
        findings of the report will be used--
                    ``(A) to support State educational agencies with 
                demonstration authority through technical assistance; 
                and
                    ``(B) to inform the peer-review process described in 
                subsection (f) for advising the Secretary on the 
                awarding of the demonstration authority to the 
                additional State educational agencies described in 
                subsection (d).
            ``(4) Publicly available.--The Secretary shall make the 
        progress report under this subsection and the response described 
        in paragraph (3) publicly available on the website of the 
        Department.
            ``(5) Prohibition.--The Secretary shall not require States 
        that have demonstration authority to submit any information for 
        the purposes of the progress report that is in addition

[[Page 129 STAT. 1887]]

        to the information the State is already required to provide 
        under subsection (e)(2)(B)(x).

    ``(d) Expansion of the Demonstration Authority.--Upon completion and 
publication of the report described in subsection (c), the Secretary may 
grant demonstration authority to additional State educational agencies 
or consortia that submit an application under subsection (e). Such State 
educational agencies or consortia of State educational agencies shall be 
subject to all of the same terms, conditions, and requirements of this 
section.
    ``(e) Application.--
            ``(1) In general.--A State educational agency, or consortium 
        of State educational agencies, that desires to participate in 
        the program of demonstration authority under this section shall 
        submit an application to the Secretary at such time and in such 
        manner as the Secretary may reasonably require.
            ``(2) Contents.--Such application shall include a 
        description of the innovative assessment system, the experience 
        the applicant has in implementing any components of the 
        innovative assessment system, and the timeline over which the 
        State or consortium proposes to exercise the demonstration 
        authority. In addition, the application shall include each of 
        the following:
                    ``(A) A demonstration that the innovative assessment 
                system will--
                          ``(i) meet all the requirements of section 
                      1111(b)(2)(B), except the requirements of clauses 
                      (i) and (v) of such section;
                          ``(ii) be aligned to the challenging State 
                      academic standards and address the depth and 
                      breadth of such standards;
                          ``(iii) express student results or student 
                      competencies in terms consistent with the State's 
                      aligned academic achievement standards under 
                      section 1111(b)(1);
                          ``(iv) generate results that are valid and 
                      reliable, and comparable, for all students and for 
                      each subgroup of students described in section 
                      1111(b)(2)(B)(xi), as compared to the results for 
                      such students on the State assessments under 
                      section 1111(b)(2);
                          ``(v) be developed in collaboration with--
                                    ``(I) stakeholders representing the 
                                interests of children with disabilities, 
                                English learners, and other vulnerable 
                                children;
                                    ``(II) teachers, principals, and 
                                other school leaders;
                                    ``(III) local educational agencies;
                                    ``(IV) parents; and
                                    ``(V) civil rights organizations in 
                                the State;
                          ``(vi) be accessible to all students, such as 
                      by incorporating the principles of universal 
                      design for learning;
                          ``(vii) provide teachers, principals, other 
                      school leaders, students, and parents with timely 
                      data, disaggregated by each subgroup of students 
                      described in section 1111(b)(2)(B)(xi), to inform 
                      and improve instructional practice and student 
                      supports;

[[Page 129 STAT. 1888]]

                          ``(viii) identify which students are not 
                      making progress toward the challenging State 
                      academic standards so that teachers can provide 
                      instructional support and targeted interventions 
                      to all students;
                          ``(ix) annually measure the progress of not 
                      less than the same percentage of all students and 
                      students in each of the subgroups of students, as 
                      defined in section 1111(c)(2), who are enrolled in 
                      schools that are participating in the innovative 
                      assessment system and are required to take such 
                      assessments, as measured under section 
                      1111(c)(4)(E), as were assessed by schools 
                      administering the assessment under section 
                      1111(b)(2);
                          ``(x) generate an annual, summative 
                      achievement determination, based on the aligned 
                      State academic achievement standards under section 
                      1111(b)(1) and based on annual data, for each 
                      individual student; and
                          ``(xi) allow the State educational agency to 
                      validly and reliably aggregate data from the 
                      innovative assessment system for purposes of--
                                    ``(I) accountability, consistent 
                                with the requirements of section 
                                1111(c); and
                                    ``(II) reporting, consistent with 
                                the requirements of section 1111(h).
                    ``(B) A description of how the State educational 
                agency will--
                          ``(i) continue use of the statewide academic 
                      assessments required under section 1111(b)(2) if 
                      such assessments will be used for accountability 
                      purposes for the duration of the demonstration 
                      authority period;
                          ``(ii) identify the distinct purposes for each 
                      assessment that is part of the innovative 
                      assessment system;
                          ``(iii) provide support and training to local 
                      educational agency and school staff to implement 
                      the innovative assessment system described in this 
                      subsection;
                          ``(iv) inform parents of students in 
                      participating local educational agencies about the 
                      innovative assessment system at the beginning of 
                      each school year during which the innovative 
                      assessment system will be implemented;
                          ``(v) 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;
                          ``(vi) acclimate students to the innovative 
                      assessment system;
                          ``(vii) ensure that students with the most 
                      significant cognitive disabilities may be assessed 
                      with alternate assessments consistent with section 
                      1111(b)(2)(D);
                          ``(viii) if the State is proposing to 
                      administer the innovative assessment system 
                      initially in a subset of

[[Page 129 STAT. 1889]]

                      local educational agencies, scale up the 
                      innovative assessment system to administer such 
                      system statewide, or with additional local 
                      educational agencies, in the State's proposed 
                      demonstration authority period;
                          ``(ix) gather data, solicit regular feedback 
                      from teachers, principals, other school leaders, 
                      and parents, and assess the results of each year 
                      of the program of demonstration authority under 
                      this section, and respond by making needed changes 
                      to the innovative assessment system; and
                          ``(x) report data from the innovative 
                      assessment system annually to the Secretary, 
                      including--
                                    ``(I) demographics of participating 
                                local educational agencies, if such 
                                system is not statewide, and additional 
                                local educational agencies if added to 
                                the system during the course of the 
                                State's demonstration authority period 
                                or 2-year extension, except that such 
                                data shall not reveal any personally 
                                identifiable information, including a 
                                description of how the inclusion of 
                                additional local educational agencies 
                                contributes to progress toward achieving 
                                high-quality and consistent 
                                implementation across demographically 
                                diverse local educational agencies 
                                throughout the demonstration authority 
                                period;
                                    ``(II) the performance of all 
                                participating students, and for each 
                                subgroup of students defined in section 
                                1111(c)(2), on the innovative 
                                assessment, consistent with the 
                                requirements in section 1111(h), except 
                                that such data shall not reveal any 
                                personally identifiable information;
                                    ``(III) feedback from teachers, 
                                principals, other school leaders, and 
                                parents about their satisfaction with 
                                the innovative assessment system; and
                                    ``(IV) if such system is not 
                                statewide, a description of the State's 
                                progress in scaling up the innovative 
                                assessment system to additional local 
                                educational agencies during the State's 
                                demonstration authority period, as 
                                described in clause (viii).
                    ``(C) A description of the State educational 
                agency's plan to--
                          ``(i) ensure that all students and each of the 
                      subgroups of students defined in section 
                      1111(c)(2) participating in the innovative 
                      assessment system receive the instructional 
                      support needed to meet State aligned academic 
                      achievement standards;
                          ``(ii) ensure that each local educational 
                      agency has the technological infrastructure to 
                      implement the innovative assessment system; and
                          ``(iii) hold all schools in the local 
                      educational agencies participating in the program 
                      of demonstration authority accountable for meeting 
                      the State's expectations for student achievement.
                    ``(D) If the innovative assessment system will 
                initially be administered in a subset of local 
                educational agencies--

[[Page 129 STAT. 1890]]

                          ``(i) a description of the local educational 
                      agencies within the State educational agency that 
                      will participate, including what criteria the 
                      State has for approving any additional local 
                      educational agencies to participate during the 
                      demonstration authority period;
                          ``(ii) assurances from such local educational 
                      agencies that such agencies will comply with the 
                      requirements of this subsection;
                          ``(iii) a description of how the State will--
                                    ``(I) ensure that the inclusion of 
                                additional local educational agencies 
                                contributes to progress toward achieving 
                                high-quality and consistent 
                                implementation across demographically 
                                diverse local educational agencies 
                                during the demonstration authority 
                                period; and
                                    ``(II) ensure that the participating 
                                local educational agencies, as a group, 
                                will be demographically similar to the 
                                State as a whole by the end of the 
                                State's demonstration authority period; 
                                and
                          ``(iv) a description of the State educational 
                      agency's plan to hold all students and each of the 
                      subgroups of students, as defined in section 
                      1111(c)(2), to the same high standard as other 
                      students in the State.

    ``(f) Peer Review.--The Secretary shall--
            ``(1) implement a peer-review process to inform--
                    ``(A) the awarding of demonstration authority under 
                this section and the approval to operate an innovative 
                assessment system for the purposes of subsections (b)(2) 
                and (c) of section 1111, as described in subsection (h); 
                and
                    ``(B) determinations about whether an innovative 
                assessment system--
                          ``(i) is comparable to the State assessments 
                      under section 1111(b)(2)(B)(v), valid, reliable, 
                      of high technical quality, and consistent with 
                      relevant, nationally recognized professional and 
                      technical standards; and
                          ``(ii) provides an unbiased, rational, and 
                      consistent determination of progress toward the 
                      goals described under section 1111(c)(4)(A)(i) for 
                      all students;
            ``(2) ensure that the peer-review team consists of 
        practitioners and experts who are knowledgeable about the 
        innovative assessment system being proposed for all 
        participating students, including--
                    ``(A) individuals with past experience developing 
                systems of assessment innovation that support all 
                students, including English learners, children with 
                disabilities, and disadvantaged students; and
                    ``(B) individuals with experience implementing 
                innovative assessment and accountability systems;
            ``(3) make publicly available the applications submitted 
        under subsection (c) and the peer-review comments and 
        recommendations regarding such applications;
            ``(4) make a determination and inform the State regarding 
        approval or disapproval of the application under subsection (c) 
        not later than 90 days after receipt of the complete 
        application;

[[Page 129 STAT. 1891]]

            ``(5) if the Secretary disapproves an application under 
        paragraph (4), offer the State an opportunity to--
                    ``(A) revise and resubmit such application within 60 
                days of the disapproval determination; and
                    ``(B) submit additional evidence that the State's 
                application meets the requirements of subsection (c); 
                and
            ``(6) make a determination regarding application approval or 
        disapproval of a resubmitted application under paragraph (5) not 
        later than 45 days after receipt of the resubmitted application.

    ``(g) Extension.--The Secretary may extend an authorization of 
demonstration authority under this section for an additional 2 years if 
the State educational agency demonstrates with evidence that the State 
educational agency's innovative assessment system is continuing to meet 
the requirements of subsection (c), including by demonstrating a plan 
for, and the capacity to, transition to statewide use of the innovative 
assessment system by the end of the 2-year extension period.
    ``(h) Use of Innovative Assessment System.--A State may, during the 
State's approved demonstration authority period or 2-year extension, 
include results from the innovative assessment systems developed under 
this section in accountability determinations for each student in the 
participating local educational agencies instead of, or in addition to, 
results from the assessment system under section 1111(b)(2) if the State 
demonstrates that the State has met the requirements under subsection 
(c). The State shall continue to meet all other requirements of section 
1111(c).
    ``(i) Withdrawal of Authority.--The Secretary shall withdraw the 
authorization for demonstration authority provided to a State 
educational agency under this section and such State shall return to use 
of the statewide assessment system under section 1111(b)(2) for all 
local educational agencies in the State if, at any time during a State's 
approved demonstration authority period or 2-year extension, the State 
educational agency cannot present to the Secretary evidence that the 
innovative assessment system developed under this section--
            ``(1) meets the requirements under subsection (c);
            ``(2) includes all students attending schools participating 
        in the innovative assessment system in a State that has 
        demonstration authority, including each of the subgroups of 
        students, as defined under section 1111(c)(2);
            ``(3) provides an unbiased, rational, and consistent 
        determination of progress toward the goals described under 
        section 1111(c)(4)(A)(i) for all students, which are comparable 
        to measures of academic achievement under section 
        1111(c)(4)(B)(i) across the State in which the local educational 
        agencies are located;
            ``(4) presents a high-quality plan to transition to full 
        statewide use of the innovative assessment system by the end of 
        the State's approved demonstration authority period or 2-year 
        extension, if the innovative assessment system will initially be 
        administered in a subset of local educational agencies; and
            ``(5) demonstrates comparability to the statewide 
        assessments under section 1111(b)(2) in content coverage, 
        difficulty, and quality.

    ``(j) Transition.--
            ``(1) In general.--

[[Page 129 STAT. 1892]]

                    ``(A) Operation of innovative assessment system.--
                If, after a State's approved demonstration authority 
                period or 2-year extension, the State educational agency 
                has met all the requirements of this section, including 
                having scaled the innovative assessment system up to 
                statewide use, and demonstrated that such system is of 
                high quality, as described in subparagraph (B), the 
                State shall be permitted to operate the innovative 
                assessment system approved under the program of 
                demonstration authority under this section for the 
                purposes of subsections (b)(2) and (c) of section 1111.
                    ``(B) High quality.--Such system shall be considered 
                of high quality if the Secretary, through the peer-
                review process described in section 1111(a)(4), 
                determines that--
                          ``(i) the innovative assessment system meets 
                      all of the requirements of this section;
                          ``(ii) the State has examined the effects of 
                      the system on other measures of student success, 
                      including indicators in the accountability system 
                      under section 1111(c)(4)(B);
                          ``(iii) the innovative assessment system 
                      provides coherent and timely information about 
                      student achievement based on the challenging State 
                      academic standards, including objective 
                      measurement of academic achievement, knowledge, 
                      and skills that are valid, reliable, and 
                      consistent with relevant, nationally-recognized 
                      professional and technical standards;
                          ``(iv) the State has solicited feedback from 
                      teachers, principals, other school leaders, and 
                      parents about their satisfaction with the 
                      innovative assessment system; and
                          ``(v) the State has demonstrated that the same 
                      innovative assessment system was used to measure--
                                    ``(I) the achievement of all 
                                students that participated in such 
                                innovative assessment system; and
                                    ``(II) not less than the percentage 
                                of such students overall and in each of 
                                the subgroups of students, as defined in 
                                section 1111(c)(2), as measured under 
                                section 1111(c)(4)(E), as were assessed 
                                under the assessment required by section 
                                1111(b)(2).
            ``(2) Baseline.--For the purposes of the evaluation 
        described in paragraph (1), the baseline year shall be 
        considered the first year that each local educational agency in 
        the State used the innovative assessment system.
            ``(3) Waiver authority.--A State may request, and the 
        Secretary shall review such request and may grant, a delay of 
        the withdrawal of authority under subsection (i) for the purpose 
        of providing the State with the time necessary to implement the 
        innovative assessment system statewide, if, at the conclusion of 
        the State's approved demonstration authority period and 2-year 
        extension--
                    ``(A) the State has met all of the requirements of 
                this section, except transition to full statewide use of 
                the innovative assessment system; and
                    ``(B) the State continues to comply with the other 
                requirements of this section, and demonstrates a high-

[[Page 129 STAT. 1893]]

                quality plan for transition to statewide use of the 
                innovative assessment system in a reasonable period of 
                time.

    ``(k) Available Funds.--A State may use funds available under 
section 1201 to carry out this section.
    ``(l) Consortium.--A consortium of States may apply to participate 
in the program of demonstration authority under this section, and the 
Secretary may provide each State member of such consortium with such 
authority if each such State member meets all of the requirements of 
this section. Such consortium shall be subject to the limitation 
described in subsection (b)(3)(B) during the initial 3 years of the 
demonstration authority.
    ``(m) Dissemination of Best Practices.--
            ``(1) In general.--Following the publication of the progress 
        report described in subsection (c), the Director of the 
        Institute of Education Sciences, in consultation with the 
        Secretary, shall collect and disseminate the best practices on 
        the development and implementation of innovative assessment 
        systems that meet the requirements of this section, including 
        best practices regarding the development of--
                    ``(A) summative assessments that--
                          ``(i) meet the requirements of section 
                      1111(b)(2)(B);
                          ``(ii) are comparable with statewide 
                      assessments under section 1111(b)(2); and
                          ``(iii) include assessment tasks that 
                      determine proficiency or mastery of State-approved 
                      competencies aligned to challenging State academic 
                      standards;
                    ``(B) effective supports for local educational 
                agencies and school staff to implement innovative 
                assessment systems;
                    ``(C) effective engagement and support of teachers 
                in developing and scoring assessments and the use of 
                high-quality professional development;
                    ``(D) effective supports for all students, 
                particularly each of the subgroups of students, as 
                defined in section 1111(c)(2), participating in the 
                innovative assessment system; and
                    ``(E) standardized and calibrated scoring rubrics, 
                and other strategies, to ensure inter-rater reliability 
                and comparability of determinations of mastery or 
                proficiency across local educational agencies and the 
                State.
            ``(2) Publication.--The Secretary shall make the information 
        described in paragraph (1) available on the website of the 
        Department and shall publish an update to the information not 
        less often than once every 3 years.''.

                 PART C--EDUCATION OF MIGRATORY CHILDREN

SEC. 1301. EDUCATION OF MIGRATORY CHILDREN.

    (a) Program Purposes.--Section 1301 (20 U.S.C. 6391) is amended to 
read as follows:
``SEC. 1301. PROGRAM PURPOSES.

    ``The purposes of this part are as follows:
            ``(1) To assist States in supporting high-quality and 
        comprehensive educational programs and services during the 
        school year and, as applicable, during summer or intersession 
        periods,

[[Page 129 STAT. 1894]]

        that address the unique educational needs of migratory children.
            ``(2) To ensure that migratory children who move among the 
        States are not penalized in any manner by disparities among the 
        States in curriculum, graduation requirements, and challenging 
        State academic standards.
            ``(3) To ensure that migratory children receive full and 
        appropriate opportunities to meet the same challenging State 
        academic standards that all children are expected to meet.
            ``(4) To help migratory children overcome educational 
        disruption, cultural and language barriers, social isolation, 
        various health-related problems, and other factors that inhibit 
        the ability of such children to succeed in school.
            ``(5) To help migratory children benefit from State and 
        local systemic reforms.''.

    (b) State Allocations.--Section 1303 (20 U.S.C. 6393) is amended--
            (1) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively;
            (2) by striking subsections (a) and (b) and inserting the 
        following:

    ``(a) State Allocations.--Except as provided in subsection (c), each 
State (other than the Commonwealth of Puerto Rico) is entitled to 
receive under this part an amount equal to the product of--
            ``(1) the sum of--
                    ``(A) the average number of identified eligible 
                migratory children aged 3 through 21 residing in the 
                State, based on data for the preceding 3 years; and
                    ``(B) the number of identified eligible migratory 
                children, aged 3 through 21, who received services under 
                this part in summer or intersession programs provided by 
                the State during the previous year; multiplied by
            ``(2) 40 percent of the average per-pupil expenditure in the 
        State, except that the amount determined under this paragraph 
        shall not be less than 32 percent, nor more than 48 percent, of 
        the average per-pupil expenditure in the United States.

    ``(b) Hold Harmless.--Notwithstanding subsection (a), for each of 
fiscal years 2017 through 2019, no State shall receive less than 90 
percent of the State's allocation under this section for the preceding 
fiscal year.
    ``(c) Allocation to Puerto Rico.--
            ``(1) In general.--For each fiscal year, the grant that the 
        Commonwealth of Puerto Rico shall be eligible to receive under 
        this part shall be the amount determined by multiplying the 
        number of children who would be counted under subsection (a)(1) 
        if such subsection applied to the Commonwealth of Puerto Rico by 
        the product of--
                    ``(A) the percentage that the average per-pupil 
                expenditure in the Commonwealth of Puerto Rico is of the 
                lowest average per-pupil expenditure of any of the 50 
                States, subject to paragraphs (2) and (3); and
                    ``(B) 32 percent of the average per-pupil 
                expenditure in the United States.
            ``(2) Minimum percentage.--The percentage described in 
        paragraph (1)(A) shall not be less than 85 percent.

[[Page 129 STAT. 1895]]

            ``(3) Limitation.--If the application of paragraph (2) for 
        any fiscal year would result in any of the 50 States or the 
        District of Columbia receiving less under this part than it 
        received under this part for the preceding fiscal year, then the 
        percentage described in paragraph (1)(A) that is used for the 
        Commonwealth of Puerto Rico for the fiscal year for which the 
        determination is made shall be the greater of the percentage in 
        paragraph (1)(A) for such fiscal year or the percentage used for 
        the preceding fiscal year.'';
            (3) in subsection (d), as redesignated by paragraph (1)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (A), by striking ``(A) If, 
                      after'' and inserting the following:
                    ``(A) Ratable reductions.--If, after''; and
                          (ii) in subparagraph (B)--
                                    (I) by striking ``(B) If 
                                additional'' and inserting the 
                                following:
                    ``(B) Reallocation.--If additional''; and
                                    (II) by striking ``purpose'' and 
                                inserting ``purposes''; and
                    (B) in paragraph (2)--
                          (i) in subparagraph (A), by striking ``(A) The 
                      Secretary'' and inserting the following:
                    ``(A) Further reductions.--The Secretary''; and
                          (ii) in subparagraph (B), by striking ``(B) 
                      The Secretary'' and inserting the following:
                    ``(B) Reallocation.--The Secretary'';
            (4) in subsection (e)(3)(B), as redesignated by paragraph 
        (1), by striking ``welfare or educational attainment of 
        children'' and inserting ``academic achievement of children'';
            (5) in subsection (f), as redesignated by paragraph (1)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``estimated'' and inserting ``identified'';
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) use the most recent information that most accurately 
        reflects the actual number of migratory children;'';
                    (C) by redesignating paragraphs (2) through (4) as 
                paragraphs (3) through (5), respectively;
                    (D) by inserting after paragraph (1) the following:
            ``(2) develop and implement a procedure for monitoring the 
        accuracy of such information;'';
                    (E) in paragraph (4), as redesignated by 
                subparagraph (C)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``full-time equivalent''; and
                          (ii) in subparagraph (A)--
                                    (I) by striking ``special needs'' 
                                and inserting ``unique needs''; and
                                    (II) by striking ``special programs 
                                provided under this part'' and inserting 
                                ``effective special programs provided 
                                under this part''; and
                    (F) in paragraph (5), as redesignated by 
                subparagraph (C), by striking ``the child whose 
                education has been interrupted'' and inserting 
                ``migratory children, including the most at-risk 
                migratory children''; and
            (6) by adding at the end the following:

[[Page 129 STAT. 1896]]

    ``(g) Nonparticipating States.--In the case of a State desiring to 
receive an allocation under this part for a fiscal year that did not 
receive an allocation for the previous fiscal year or that has been 
participating for less than 3 consecutive years, the Secretary shall 
calculate the State's number of identified migratory children aged 3 
through 21 for purposes of subsection (a)(1)(A) by using the most recent 
data available that identifies the migratory children residing in the 
State until data is available to calculate the 3-year average number of 
such children in accordance with such subsection.''.
    (c) State Applications; Services.--Section 1304 (20 U.S.C. 6394) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A)--
                                    (I) by striking ``special 
                                educational needs'' and inserting 
                                ``unique educational needs''; and
                                    (II) by inserting ``and migratory 
                                children who have dropped out of 
                                school'' after ``preschool migratory 
                                children'';
                          (ii) in subparagraph (B)--
                                    (I) by striking ``migrant children'' 
                                and inserting ``migratory children''; 
                                and
                                    (II) by striking ``part A or B of 
                                title III'' and inserting ``part A of 
                                title III''; and
                          (iii) by striking subparagraph (D) and 
                      inserting the following:
                    ``(D) measurable program objectives and outcomes;'';
                    (B) in paragraph (2), by striking ``challenging 
                State academic content standards and challenging State 
                student academic achievement standards'' and inserting 
                ``challenging State academic standards'';
                    (C) in paragraph (3), by striking ``, consistent 
                with procedures the Secretary may require,'';
                    (D) in paragraph (5), by inserting ``and'' after the 
                semicolon;
                    (E) by striking paragraph (6);
                    (F) by redesignating paragraph (7) as paragraph (6); 
                and
                    (G) in paragraph (6), as redesignated by 
                subparagraph (F), by striking ``who have parents who do 
                not have a high school diploma'' and inserting ``whose 
                parents do not have a high school diploma'';
            (2) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``, satisfactory to the Secretary,'';
                    (B) in paragraph (2), by striking ``subsections (b) 
                and (c) of section 1120A, and part I'' and inserting 
                ``subsections (b) and (c) of section 1118, and part F'';
                    (C) in paragraph (3)--
                          (i) in the matter preceding subparagraph (A)--
                                    (I) by striking ``parent advisory 
                                councils'' and inserting ``parents of 
                                migratory children, including parent 
                                advisory councils,''; and
                                    (II) by striking ``of 1 school year 
                                in duration'' and inserting ``not less 
                                than 1 school year in duration''; and

[[Page 129 STAT. 1897]]

                          (ii) in subparagraph (A), by striking 
                      ``section 1118'' and inserting ``section 1116'';
                    (D) in paragraph (4), by inserting ``and migratory 
                children who have dropped out of school'' after 
                ``preschool migratory children'';
                    (E) by redesignating paragraph (7) as paragraph (8);
                    (F) by striking paragraph (6) and inserting the 
                following:
            ``(6) such programs and projects will provide for outreach 
        activities for migratory children and their families to inform 
        such children and families of other education, health, 
        nutrition, and social services to help connect them to such 
        services;
            ``(7) to the extent feasible, such programs and projects 
        will provide for--
                    ``(A) advocacy and other outreach activities for 
                migratory children and their families, including helping 
                such children and families gain access to other 
                education, health, nutrition, and social services;
                    ``(B) professional development programs, including 
                mentoring, for teachers and other program personnel;
                    ``(C) family literacy programs;
                    ``(D) the integration of information technology into 
                educational and related programs; and
                    ``(E) programs to facilitate the transition of 
                secondary school students to postsecondary education or 
                employment; and''; and
                    (G) in paragraph (8), as redesignated by 
                subparagraph (E), by striking ``paragraphs (1)(A) and 
                (2)(B)(i) of section 1303(a), through such procedures as 
                the Secretary may require'' and inserting ``section 
                1303(a)(1)'';
            (3) by striking subsection (d) and inserting the following:

    ``(d) Priority for Services.--In providing services with funds 
received under this part, each recipient of such funds shall give 
priority to migratory children who have made a qualifying move within 
the previous 1-year period and who--
            ``(1) are failing, or most at risk of failing, to meet the 
        challenging State academic standards; or
            ``(2) have dropped out of school.''; and
            (4) in subsection (e)(3), by striking ``secondary school 
        students'' and inserting ``students''.

    (d) Secretarial Approval; Peer Review.--Section 1305 (20 U.S.C. 
6395) is amended to read as follows:
``SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.

    ``The Secretary shall approve each State application that meets the 
requirements of this part, and may review any such application with the 
assistance and advice of State officials and other officials with 
relevant expertise.''.
    (e) Comprehensive Needs Assessment and Service-delivery Plan; 
Authorized Activities.--Section 1306 (20 U.S.C. 6396) is amended--
            (1) in subsection (a)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``special'' and inserting ``unique'';
                    (B) in subparagraph (B)--
                          (i) in the matter preceding clause (i), by 
                      striking ``section 9302'' and inserting ``section 
                      8302''; and

[[Page 129 STAT. 1898]]

                          (ii) in clause (i), by striking ``special'' 
                      and inserting ``unique'';
                    (C) in subparagraph (C), by striking ``challenging 
                State academic content standards and challenging State 
                student academic achievement standards'' and inserting 
                ``challenging State academic standards''; and
                    (D) in subparagraph (F), by striking ``part A or B 
                of title III'' and inserting ``part A of title III''; 
                and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``shall have the 
                flexibility to'' and inserting ``retains the flexibility 
                to''; and
                    (B) in paragraph (4), by striking ``special 
                educational'' and inserting ``unique educational''.

    (f) Bypass.--Section 1307 (20 U.S.C. 6397) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``nonprofit''; and
            (2) in paragraph (3), by striking ``welfare or educational 
        attainment'' and inserting ``educational achievement''.

    (g) Coordination of Migrant Education Activities.--Section 1308 (20 
U.S.C. 6398) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``nonprofit'';
                    (B) by inserting ``through'' after ``including''; 
                and
                    (C) by striking ``students'' and inserting 
                ``children''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``developing 
                effective methods for'';
                    (B) in paragraph (2)--
                          (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``The Secretary, in 
                                consultation'' and all that follows 
                                through ``include--'' and inserting the 
                                following: ``The Secretary, in 
                                consultation with the States, shall 
                                ensure the linkage of migrant student 
                                record systems for the purpose of 
                                electronically exchanging, among the 
                                States, health and educational 
                                information regarding all migratory 
                                students eligible under this part. The 
                                Secretary shall ensure that such linkage 
                                occurs in a cost-effective manner, 
                                utilizing systems used by the States 
                                prior to, or developed after, the date 
                                of the enactment of the Every Student 
                                Succeeds Act. Such information may 
                                include--'';
                                    (II) in clause (ii), by striking 
                                ``required under section 1111(b)'' and 
                                inserting ``under section 1111(b)(2)''; 
                                and
                                    (III) in clause (iii), by striking 
                                ``high standards'' and inserting ``the 
                                challenging State academic standards'';
                          (ii) by redesignating subparagraph (B) as 
                      subparagraph (C);
                          (iii) by inserting after subparagraph (A) the 
                      following:
                    ``(B) Consultation.--The Secretary shall maintain 
                ongoing consultation with the States, local educational 
                agencies, and other migratory student service providers 
                on--

[[Page 129 STAT. 1899]]

                          ``(i) the effectiveness of the system 
                      described in subparagraph (A); and
                          ``(ii) the ongoing improvement of such 
                      system.''; and
                          (iv) in subparagraph (C), as redesignated by 
                      clause (ii)--
                                    (I) by striking ``the proposed data 
                                elements'' and inserting ``any new 
                                proposed data elements''; and
                                    (II) by striking ``Such publication 
                                shall occur not later than 120 days 
                                after the date of enactment of the No 
                                Child Left Behind Act of 2001.''; and
                    (C) by striking paragraph (4).

    (h) Definitions.--Section 1309 (20 U.S.C. 6399) is amended--
            (1) in paragraph (1)(B), by striking ``nonprofit''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Migratory agricultural worker.--The term `migratory 
        agricultural worker' means an individual who made a qualifying 
        move in the preceding 36 months and, after doing so, engaged in 
        new temporary or seasonal employment or personal subsistence in 
        agriculture, which may be dairy work or the initial processing 
        of raw agricultural products. If an individual did not engage in 
        such new employment soon after a qualifying move, such 
        individual may be considered a migratory agricultural worker if 
        the individual actively sought such new employment and has a 
        recent history of moves for temporary or seasonal agricultural 
        employment.
            ``(3) Migratory child.--The term `migratory child' means a 
        child or youth who made a qualifying move in the preceding 36 
        months--
                    ``(A) as a migratory agricultural worker or a 
                migratory fisher; or
                    ``(B) with, or to join, a parent or spouse who is a 
                migratory agricultural worker or a migratory fisher.
            ``(4) Migratory fisher.--The term `migratory fisher' means 
        an individual who made a qualifying move in the preceding 36 
        months and, after doing so, engaged in new temporary or seasonal 
        employment or personal subsistence in fishing. If the individual 
        did not engage in such new employment soon after the move, the 
        individual may be considered a migratory fisher if the 
        individual actively sought such new employment and has a recent 
        history of moves for temporary or seasonal fishing employment.
            ``(5) Qualifying move.--The term `qualifying move' means a 
        move due to economic necessity--
                    ``(A) from one residence to another residence; and
                    ``(B) from one school district to another school 
                district, except--
                          ``(i) in the case of a State that is comprised 
                      of a single school district, wherein a qualifying 
                      move is from one administrative area to another 
                      within such district; or
                          ``(ii) in the case of a school district of 
                      more than 15,000 square miles, wherein a 
                      qualifying move is a distance of 20 miles or more 
                      to a temporary residence.''.

[[Page 129 STAT. 1900]]

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

SEC. 1401. PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND 
                          YOUTH WHO ARE NEGLECTED, DELINQUENT, OR 
                          AT-RISK.

    Part D of title I (20 U.S.C. 6421 et seq.) is amended--
            (1) <<NOTE: 20 USC 6421.>> in section 1401(a)--
                    (A) in paragraph (1)--
                          (i) by inserting ``, tribal,'' after ``youth 
                      in local''; and
                          (ii) by striking ``challenging State academic 
                      content standards and challenging State student 
                      academic achievement standards'' and inserting 
                      ``challenging State academic standards''; and
                    (B) in paragraph (3), by inserting ``and the 
                involvement of their families and communities'' after 
                ``to ensure their continued education'';
            (2) in section 1412(b), <<NOTE: 20 USC 6432.>> by striking 
        paragraph (2) and inserting the following:
            ``(2) Minimum percentage.--The percentage in paragraph 
        (1)(A) shall not be less than 85 percent.'';
            (3) <<NOTE: 20 USC 6434.>> in section 1414--
                    (A) in subsection (a)--
                          (i) in paragraph (1)(B), by striking ``from 
                      correctional facilities to locally operated 
                      programs'' and inserting ``between correctional 
                      facilities and locally operated programs''; and
                          (ii) in paragraph (2)--
                                    (I) in subparagraph (A)--
                                            (aa) by striking ``the 
                                        program goals, objectives, and 
                                        performance measures established 
                                        by the State'' and inserting 
                                        ``the program objectives and 
                                        outcomes established by the 
                                        State''; and
                                            (bb) by striking 
                                        ``vocational'' and inserting 
                                        ``career'';
                                    (II) in subparagraph (B), by 
                                striking ``and'' after the semicolon;
                                    (III) by redesignating subparagraph 
                                (C) as subparagraph (D);
                                    (IV) by inserting after subparagraph 
                                (B) the following:
                    ``(C) describe how the State will place a priority 
                for such children to attain a regular high school 
                diploma, to the extent feasible;'';
                                    (V) in subparagraph (D), as 
                                redesignated by subclause (III)--
                                            (aa) in clause (i), by 
                                        inserting ``and'' after the 
                                        semicolon;
                                            (bb) by striking clause (ii) 
                                        and redesignating clause (iii) 
                                        as clause (ii); and
                                            (cc) by striking clause 
                                        (iv); and
                                    (VI) by adding at the end the 
                                following:

[[Page 129 STAT. 1901]]

                    ``(E) provide assurances that the State educational 
                agency has established--
                          ``(i) procedures to ensure the timely re-
                      enrollment of each student who has been placed in 
                      the juvenile justice system in secondary school or 
                      in a re-entry program that best meets the needs of 
                      the student, including the transfer of credits 
                      that such student earns during placement; and
                          ``(ii) opportunities for such students to 
                      participate in credit-bearing coursework while in 
                      secondary school, postsecondary education, or 
                      career and technical education programming.''; and
                    (B) in subsection (c)--
                          (i) in paragraph (1), by inserting ``and, to 
                      the extent practicable, provide for such 
                      assessment upon entry into a correctional 
                      facility'' after ``to be served under this 
                      subpart'';
                          (ii) in paragraph (6)--
                                    (I) by striking ``carry out the 
                                evaluation requirements of section 9601 
                                and how'' and inserting ``use'';
                                    (II) by inserting ``under section 
                                8601'' after ``recent evaluation''; and
                                    (III) by striking ``will be used'';
                          (iii) in paragraph (7), by striking ``section 
                      9521'' and inserting ``section 8521'';
                          (iv) paragraph (8)--
                                    (I) by striking ``Public Law 105-
                                220'' and inserting ``the Workforce 
                                Innovation and Opportunity Act''; and
                                    (II) by striking ``vocational'' and 
                                inserting ``career'';
                          (v) in paragraph (9)--
                                    (I) by inserting ``and after'' after 
                                ``prior to''; and
                                    (II) by inserting ``in order to 
                                facilitate the transition of such 
                                children and youth between the 
                                correctional facility and the local 
                                educational agency or alternative 
                                education program'' after ``the local 
                                educational agency or alternative 
                                education program'';
                          (vi) in paragraph (11), by striking 
                      ``transition of children and youth from such 
                      facility or institution to'' and inserting 
                      ``transition of such children and youth between 
                      such facility or institution and'';
                          (vii) in paragraph (16)--
                                    (I) by inserting ``and attain a 
                                regular high school diploma'' after ``to 
                                encourage the children and youth to 
                                reenter school''; and
                                    (II) by striking ``achieve a 
                                secondary school diploma'' and inserting 
                                ``attain a regular high school 
                                diploma'';
                          (viii) in paragraph (17), by inserting 
                      ``certified or licensed'' after ``provides an 
                      assurance that'';
                          (ix) in paragraph (18), by striking ``and'' 
                      after the semicolon;

[[Page 129 STAT. 1902]]

                          (x) in paragraph (19), by striking the period 
                      at the end and inserting ``; and''; and
                          (xi) by adding at the end the following:
            ``(20) describes how the State agency will, to the extent 
        feasible--
                    ``(A) note when a youth has come into contact with 
                both the child welfare and juvenile justice systems; and
                    ``(B) deliver services and interventions designed to 
                keep such youth in school that are evidence-based (to 
                the extent a State determines that such evidence is 
                reasonably available).'';
            (4) in section 1415 <<NOTE: 20 USC 6435.>> --
                    (A) in subsection (a)--
                          (i) in paragraph (1)(B), by striking 
                      ``vocational or technical training'' and inserting 
                      ``career and technical education''; and
                          (ii) in paragraph (2)--
                                    (I) by striking subparagraph (A) and 
                                inserting the following:
                    ``(A) may include--
                          ``(i) the acquisition of equipment;
                          ``(ii) pay-for-success initiatives; or
                          ``(iii) providing targeted services for youth 
                      who have come in contact with both the child 
                      welfare system and juvenile justice system;'';
                                    (II) in subparagraph (B)--
                                            (aa) in clause (i), by 
                                        striking ``the State's 
                                        challenging academic content 
                                        standards and student academic 
                                        achievement standards'' and 
                                        inserting ``the challenging 
                                        State academic standards'';
                                            (bb) in clause (ii), by 
                                        striking ``supplement and 
                                        improve'' and inserting 
                                        ``respond to the educational 
                                        needs of such children and 
                                        youth, including by 
                                        supplementing and improving''; 
                                        and
                                            (cc) in clause (iii)--
                                                (AA) by striking 
                                            ``challenging State academic 
                                            achievement standards'' and 
                                            inserting ``challenging 
                                            State academic standards''; 
                                            and
                                                (BB) by inserting 
                                            ``and'' after the semicolon;
                                    (III) in subparagraph (C)--
                                            (aa) by striking ``section 
                                        1120A and part I'' and inserting 
                                        ``section 1118 and part F''; and
                                            (bb) by striking ``; and'' 
                                        and inserting a period; and
                                    (IV) by striking subparagraph (D); 
                                and
                    (B) in subsection (b), by striking ``section 1120A'' 
                and inserting ``section 1118'';
            (5) in section 1416 <<NOTE: 20 USC 6436.>> --
                    (A) in paragraph (3)--

[[Page 129 STAT. 1903]]

                          (i) by striking ``challenging State academic 
                      content standards and student academic achievement 
                      standards'' and inserting ``challenging State 
                      academic standards''; and
                          (ii) by striking ``complete secondary school, 
                      attain a secondary diploma'' and inserting 
                      ``attain a regular high school diploma'';
                    (B) in paragraph (4)--
                          (i) by striking ``pupil'' and inserting 
                      ``specialized instructional support''; and
                          (ii) by inserting ``, and how relevant and 
                      appropriate academic records and plans regarding 
                      the continuation of educational services for such 
                      children or youth are shared jointly between the 
                      State agency operating the institution or program 
                      and local educational agency in order to 
                      facilitate the transition of such children and 
                      youth between the local educational agency and the 
                      State agency'' after ``children and youth 
                      described in paragraph (1)''; and
                    (C) in paragraph (6), by striking ``student 
                progress'' and inserting ``and improve student 
                achievement'';
            (6) in section 1418(a) <<NOTE: 20 USC 6438.>> --
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) projects that facilitate the transition of children 
        and youth between State-operated institutions, or institutions 
        in the State operated by the Secretary of the Interior, and 
        schools served by local educational agencies or schools operated 
        or funded by the Bureau of Indian Education; or''; and
                    (B) in paragraph (2)--
                          (i) by striking ``vocational'' each place the 
                      term appears and inserting ``career''; and
                          (ii) in the matter preceding subparagraph (A), 
                      by striking ``secondary'' and inserting ``regular 
                      high'';
            (7) in section 1419 <<NOTE: 20 USC 6439.>> --
                    (A) by striking the section heading and inserting 
                ``technical assistance''; and
                    (B) by striking ``for a fiscal year'' and all that 
                follows through ``to provide'' and inserting ``for a 
                fiscal year to provide'';
            (8) in section 1421(3) <<NOTE: 20 USC 6451.>> , by inserting 
        ``, including schools operated or funded by the Bureau of Indian 
        Education,'' after ``local schools'';
            (9) in section 1422(d) <<NOTE: 20 USC 6452.>> , by striking 
        ``impact on meeting the transitional'' and inserting ``impact on 
        meeting such transitional'';
            (10) in section 1423 <<NOTE: 20 USC 6453.>> --
                    (A) in paragraph (2)(B), by inserting ``, including 
                such facilities operated by the Secretary of the 
                Interior and Indian tribes'' after ``the juvenile 
                justice system'';
                    (B) by striking paragraph (4) and inserting the 
                following:
            ``(4) a description of the program operated by participating 
        schools to facilitate the successful transition of children and 
        youth returning from correctional facilities and, as 
        appropriate, the types of services that such schools will 
        provide such children and youth and other at-risk children and 
        youth;'';

[[Page 129 STAT. 1904]]

                    (C) in paragraph (7)--
                          (i) by inserting ``institutions of higher 
                      education or'' after ``partnerships with''; and
                          (ii) by striking ``develop training, 
                      curriculum-based youth entrepreneurship 
                      education'' and inserting ``facilitate 
                      postsecondary and workforce success for children 
                      and youth returning from correctional facilities, 
                      such as through participation in credit-bearing 
                      coursework while in secondary school, enrollment 
                      in postsecondary education, participation in 
                      career and technical education programming'';
                    (D) in paragraph (8), by inserting ``and family 
                members'' after ``will involve parents'';
                    (E) in paragraph (9), by striking ``vocational'' and 
                inserting ``career''; and
                    (F) in paragraph (13), by striking ``regular'' and 
                inserting ``traditional'';
            (11) in section 1424 <<NOTE: 20 USC 6454.>> --
                    (A) in the matter before paragraph (1), by striking 
                ``Funds provided'' and inserting the following:

    ``(a) In General.--Funds provided'';
                    (B) in paragraph (2), by striking ``, including'' 
                and all that follows through ``gang members'';
                    (C) in paragraph (4)--
                          (i) by striking ``vocational'' and inserting 
                      ``career''; and
                          (ii) by striking ``and'' after the semicolon; 
                      and
                    (D) in paragraph (5), by striking the period at the 
                end and inserting a semicolon;
                    (E) by inserting the following after paragraph (5):
            ``(6) programs for at-risk Indian children and youth, 
        including such children and youth in correctional facilities in 
        the area served by the local educational agency that are 
        operated by the Secretary of the Interior or Indian tribes; and
            ``(7) pay for success initiatives.''; and
                    (F) by inserting after paragraph (7) the following:

    ``(b) Contracts and Grants.--A local educational agency may use a 
subgrant received under this subpart to carry out the activities 
described under paragraphs (1) through (7) of subsection (a) directly or 
through subgrants, contracts, or cooperative agreements.'';
            (12) in section 1425 <<NOTE: 20 USC 6455.>> --
                    (A) in paragraph (4)--
                          (i) by inserting ``and attain a regular high 
                      school diploma'' after ``reenter school''; and
                          (ii) by striking ``a secondary school 
                      diploma'' and inserting ``a regular high school 
                      diploma'';
                    (B) in paragraph (6), by striking ``high academic 
                achievement standards'' and inserting ``the challenging 
                State academic standards'';
                    (C) in paragraph (9), by striking ``vocational'' and 
                inserting ``career'';
                    (D) in paragraph (10), by striking ``and'' after the 
                semicolon;
                    (E) in paragraph (11), by striking the period at the 
                end and inserting a semicolon; and
                    (F) by adding at the end the following:

[[Page 129 STAT. 1905]]

            ``(12) upon the child's or youth's entry into the 
        correctional facility, work with the child's or youth's family 
        members and the local educational agency that most recently 
        provided services to the child or youth (if applicable) to 
        ensure that the relevant and appropriate academic records and 
        plans regarding the continuation of educational services for 
        such child or youth are shared jointly between the correctional 
        facility and local educational agency in order to facilitate the 
        transition of such children and youth between the local 
        educational agency and the correctional facility; and
            ``(13) consult with the local educational agency for a 
        period jointly determined necessary by the correctional facility 
        and local educational agency upon discharge from that facility, 
        to coordinate educational services so as to minimize disruption 
        to the child's or youth's achievement.'';
            (13) in section 1426 <<NOTE: 20 USC 6456.>> --
                    (A) in paragraph (1), by striking ``reducing dropout 
                rates for male students and for female students over a 
                3-year period'' and inserting ``the number of children 
                and youth attaining a regular high school diploma or its 
                recognized equivalent''; and
                    (B) in paragraph (2)--
                          (i) by striking ``obtaining a secondary school 
                      diploma'' and inserting ``attaining a regular high 
                      school diploma''; and
                          (ii) by striking ``obtaining employment'' and 
                      inserting ``attaining employment'';
            (14) in section 1431(a) <<NOTE: 20 USC 6471.>> --
                    (A) in the matter preceding paragraph (1), by 
                inserting ``while protecting individual student 
                privacy,'' after ``age'';
                    (B) striking ``secondary'' each place the term 
                appears and inserting ``high'';
                    (C) in paragraph (1), by inserting ``and to graduate 
                from high school in the number of years established by 
                the State under either the four-year adjusted cohort 
                graduation rate or the extended-year adjusted cohort 
                graduation rate, if applicable'' after ``educational 
                achievement''; and
                    (D) in paragraph (3), by inserting ``or school 
                operated or funded by the Bureau of Indian Education'' 
                after ``local educational agency''; and
            (15) in section 1432(2) <<NOTE: 20 USC 6472.>> --
                    (A) by inserting ``dependency adjudication, or 
                delinquency adjudication,'' after ``failure,'';
                    (B) by striking ``has limited English proficiency'' 
                and inserting ``is an English learner''; and
                    (C) by inserting ``or child welfare system'' after 
                ``juvenile justice system''.

           PART E--FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING

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

    (a) Reorganization.--Title I (20 U.S.C. 6571 et seq.), as amended by 
this title, is further amended--
            (1) <<NOTE: 20 USC 6491-6494, 6511-6518, 6531-6537, 6551-
        6553, 6555, 6561, 6531a-6561i.>> by striking parts E through H;
            (2) by redesignating part I as part F;

[[Page 129 STAT. 1906]]

            (3) <<NOTE: 20 USC 6577, 6578.>> by striking sections 1907 
        and 1908;
            (4) <<NOTE: 20 USC 6571-6573.>> by redesignating sections 
        1901 through 1903 as sections 1601 through 1603, respectively; 
        and
            (5) by redesignating sections 1905 and 1906 <<NOTE: 20 USC 
        6575, 6576.>> as sections 1604 and 1605, respectively.

    (b) In General.--Title I (20 U.S.C. 6571 et seq.), as amended by 
this title, is further amended by inserting after section 1432 the 
following:

          ``PART E--FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING

``SEC. 1501. <<NOTE: 20 USC 6491.>> FLEXIBILITY FOR EQUITABLE PER-
                          PUPIL FUNDING.

    ``(a) Purpose.--The purpose of the program under this section is to 
provide local educational agencies with flexibility to consolidate 
eligible Federal funds and State and local education funding in order to 
create a single school funding system based on weighted per-pupil 
allocations for low-income and otherwise disadvantaged students.
    ``(b) Authority.--
            ``(1) In general.--The Secretary is authorized to enter into 
        local flexibility demonstration agreements--
                    ``(A) for not more than 3 years with local 
                educational agencies that are selected under subsection 
                (c) and submit proposed agreements that meet the 
                requirements of subsection (d); and
                    ``(B) under which such agencies may consolidate and 
                use funds in accordance with subsection (d) in order to 
                develop and implement a school funding system based on 
                weighted per-pupil allocations for low-income and 
                otherwise disadvantaged students.
            ``(2) Flexibility.--Except as described in subsection 
        (d)(1)(I), the Secretary is authorized to waive, for local 
        educational agencies entering into agreements under this 
        section, any provision of this Act that would otherwise prevent 
        such agency from using eligible Federal funds as part of such 
        agreement.

    ``(c) Selection of Local Educational Agencies.--
            ``(1) In general.--The Secretary may enter into local 
        flexibility demonstration agreements with not more than 50 local 
        educational agencies with an approved application under 
        subsection (d).
            ``(2) Selection.--Each local educational agency shall be 
        selected based on such agency--
                    ``(A) submitting a proposed local flexibility 
                demonstration agreement under subsection (d);
                    ``(B) demonstrating that the agreement meets the 
                requirements of such subsection; and
                    ``(C) agreeing to meet the continued demonstration 
                requirements under subsection (e).
            ``(3) Expansion.--Beginning with the 2019-2020 academic 
        year, the Secretary may extend funding flexibility authorized 
        under this section to any local educational agency that submits 
        and has approved an application under subsection (d), as long as 
        a significant majority of the demonstration agreements with 
        local educational agencies described in paragraph (1) meet the

[[Page 129 STAT. 1907]]

        requirements of subsection (d)(2) and subsection (e)(1) as of 
        the end of the 2018-2019 academic year.

    ``(d) Required Terms of Local Flexibility Demonstration Agreement.--
            ``(1) Application.--Each local educational agency that 
        desires to participate in the program under this section shall 
        submit, at such time and in such form as the Secretary may 
        prescribe, an application to enter into a local flexibility 
        demonstration agreement with the Secretary in order to develop 
        and implement a school funding system based on weighted per-
        pupil allocations that meets the requirements of this section. 
        The application shall include--
                    ``(A) a description of the school funding system 
                based on weighted per-pupil allocations, including--
                          ``(i) the weights used to allocate funds 
                      within such system;
                          ``(ii) the local educational agency's legal 
                      authority to use State and local education funds 
                      consistent with this section;
                          ``(iii) how such system will meet the 
                      requirements of paragraph (2); and
                          ``(iv) how such system will support the 
                      academic achievement of students, including low-
                      income students, the lowest-achieving students, 
                      English learners, and children with disabilities;
                    ``(B) a list of funding sources, including eligible 
                Federal funds, the local educational agency will include 
                in such system;
                    ``(C) a description of the amount and percentage of 
                total local educational agency funding, including State 
                and local education funds and eligible Federal funds, 
                that will be allocated through such system;
                    ``(D) the per-pupil expenditures (which shall 
                include actual personnel expenditures, including staff 
                salary differentials for years of employment, and actual 
                nonpersonnel expenditures) of State and local education 
                funds for each school served by the agency for the 
                preceding fiscal year;
                    ``(E) the per-pupil amount of eligible Federal funds 
                each school served by the agency received in the 
                preceding fiscal year, disaggregated by the programs 
                supported by the eligible Federal funds;
                    ``(F) a description of how such system will ensure 
                that any eligible Federal funds allocated through the 
                system will meet the purposes of each Federal program 
                supported by such funds, including serving students from 
                low-income families, English learners, migratory 
                children, and children who are neglected, delinquent, or 
                at risk, as applicable;
                    ``(G) an assurance that the local educational agency 
                developed and will implement the local flexibility 
                demonstration agreement in consultation with teachers, 
                principals, other school leaders (including charter 
                school leaders in a local educational agency that has 
                charter schools), administrators of Federal programs 
                impacted by the agreement, parents, community leaders, 
                and other relevant stakeholders;
                    ``(H) an assurance that the local educational agency 
                will use fiscal control and sound accounting procedures

[[Page 129 STAT. 1908]]

                that ensure proper disbursement of, and accounting for, 
                eligible Federal funds consolidated and used under such 
                system;
                    ``(I) an assurance that the local educational agency 
                will continue to meet the requirements of sections 1117, 
                1118, and 8501; and
                    ``(J) an assurance that the local educational agency 
                will meet the requirements of all applicable Federal 
                civil rights laws in carrying out the agreement and in 
                consolidating and using funds under the agreement.
            ``(2) Requirements of the system.--
                    ``(A) In general.--A local educational agency's 
                school funding system based on weighted per-pupil 
                allocations shall--
                          ``(i) except as allowed under clause (iv), 
                      allocate a significant portion of funds, including 
                      State and local education funds and eligible 
                      Federal funds, to the school level based on the 
                      number of students in a school and a formula 
                      developed by the agency under this section that 
                      determines per-pupil weighted amounts;
                          ``(ii) use weights or allocation amounts that 
                      allocate substantially more funding to English 
                      learners, students from low-income families, and 
                      students with any other characteristics associated 
                      with educational disadvantage chosen by the local 
                      educational agency, than to other students;
                          ``(iii) ensure that each high-poverty school 
                      receives, in the first year of the demonstration 
                      agreement--
                                    ``(I) more per-pupil funding, 
                                including from Federal, State, and local 
                                sources, for low-income students than 
                                such funding received for low-income 
                                students in the year prior to entering 
                                into a demonstration agreement under 
                                this section; and
                                    ``(II) at least as much per-pupil 
                                funding, including from Federal, State, 
                                and local sources, for English learners 
                                as such funding received for English 
                                learners in the year prior to entering 
                                into a demonstration agreement under 
                                this section;
                          ``(iv) be used to allocate to schools a 
                      significant percentage, which shall be a 
                      percentage agreed upon during the application 
                      process, of all the local educational agency's 
                      State and local education funds and eligible 
                      Federal funds; and
                          ``(v) include all school-level actual 
                      personnel expenditures for instructional staff 
                      (including staff salary differentials for years of 
                      employment) and actual nonpersonnel expenditures 
                      in the calculation of the local educational 
                      agency's State and local education funds and 
                      eligible Federal funds to be allocated under 
                      clause (i).
                    ``(B) Percentage.--In establishing the percentage 
                described in subparagraph (A)(iv) for the system, the 
                local educational agency shall demonstrate that the 
                percentage--
                          ``(i) under such subparagraph is sufficient to 
                      carry out the purposes of the demonstration 
                      agreement under

[[Page 129 STAT. 1909]]

                      this section and to meet each of the requirements 
                      of this subsection; and
                          ``(ii) of State and local education funds and 
                      eligible Federal funds that are not allocated 
                      through the local educational agency's school 
                      funding system based on weighted per-pupil 
                      allocations, does not undermine or conflict with 
                      the requirements of the demonstration agreement 
                      under this section.
                    ``(C) Expenditures.--After allocating funds through 
                the system, the local educational agency shall charge 
                schools for the per-pupil expenditures of State and 
                local education funds and eligible Federal funds, 
                including actual personnel expenditures (including staff 
                salary differentials for years of employment) for 
                instructional staff and actual nonpersonnel 
                expenditures.

    ``(e) Continued Demonstration.--Each local educational agency with 
an approved application under subsection (d) shall annually--
            ``(1) demonstrate to the Secretary that, as compared to the 
        previous year, no high-poverty school served by the agency 
        received--
                    ``(A) less per-pupil funding, including from 
                Federal, State, and local sources, for low-income 
                students; or
                    ``(B) less per-pupil funding, including from 
                Federal, State, and local sources, for English learners;
            ``(2) make public and report to the Secretary the per-pupil 
        expenditures (including actual personnel expenditures that 
        include staff salary differentials for years of employment, and 
        actual non-personnel expenditures) of State and local education 
        funds and eligible Federal funds for each school served by the 
        agency, disaggregated by each quartile of students attending the 
        school based on student level of poverty and by each major 
        racial or ethnic group in the school, for the preceding fiscal 
        year;
            ``(3) make public the total number of students enrolled in 
        each school served by the agency and the number of students 
        enrolled in each such school disaggregated by each of the 
        subgroups of students, as defined in section 1111(c)(2); and
            ``(4) notwithstanding paragraph (1), (2), or (3), ensure 
        that any information to be reported or made public under this 
        subsection is only reported or made public if such information 
        does not reveal personally identifiable information.

    ``(f) Limitations on Administrative Expenditures.--Each local 
educational agency that has entered into a local flexibility 
demonstration agreement with the Secretary under this section may use, 
for administrative purposes, an amount of eligible Federal funds that is 
not more than the percentage of funds allowed for such purposes under 
any of the following:
            ``(1) This title.
            ``(2) Title II.
            ``(3) Title III.
            ``(4) Part A of title IV.
            ``(5) Part B of title V.

    ``(g) Peer Review.--The Secretary may establish a peer-review 
process to assist in the review of a proposed local flexibility 
demonstration agreement.

[[Page 129 STAT. 1910]]

    ``(h) Noncompliance.--The Secretary may, after providing notice and 
an opportunity for a hearing (including the opportunity to provide 
supporting evidence as provided for in subsection (i)), terminate a 
local flexibility demonstration agreement under this section if there is 
evidence that the local educational agency has failed to comply with the 
terms of the agreement and the requirements under subsections (d) and 
(e).
    ``(i) Evidence.--If a local educational agency believes that the 
Secretary's determination under subsection (h) is in error for 
statistical or other substantive reasons, the local educational agency 
may provide supporting evidence to the Secretary, and the Secretary 
shall consider that evidence before making a final determination.
    ``(j) Program Evaluation.--From the amount reserved for evaluation 
activities under section 8601, the Secretary, acting through the 
Director of the Institute of Education Sciences, shall, in consultation 
with the relevant program office at the Department, evaluate--
            ``(1) the implementation of the local flexibility 
        demonstration agreements under this section; and
            ``(2) the impact of such agreements on improving the 
        equitable distribution of State and local funding and increasing 
        student achievement.

    ``(k) Renewal of Local Flexibility Demonstration 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 this title and title III.

    ``(l) Definitions.--In this section:
            ``(1) Eligible federal funds.--The term `eligible Federal 
        funds' means funds received by a local educational agency 
        under--
                    ``(A) this title;
                    ``(B) title II;
                    ``(C) title III;
                    ``(D) part A of title IV; and
                    ``(E) part B of title V.
            ``(2) High-poverty school.--The term `high-poverty school' 
        means a school that is in the highest 2 quartiles of schools 
        served by a local educational agency, based on the percentage of 
        enrolled students from low-income families.''.

                       PART F--GENERAL PROVISIONS

SEC. 1601. GENERAL PROVISIONS.

    (a) Federal Regulations.--Section 1601 (20 U.S.C. 6571), as 
redesignated by section 1501(a)(4) of this Act, is amended--
            (1) in subsection (a), by inserting ``, in accordance with 
        subsections (b) through (d) and subject to section 1111(e),'' 
        after ``may issue'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by inserting ``principals, 
                other school leaders (including charter school 
                leaders),'' after ``teachers,'';

[[Page 129 STAT. 1911]]

                    (B) in paragraph (2), by adding at the end the 
                following: ``Such regional meetings and electronic 
                exchanges of information shall be public and notice of 
                such meetings and exchanges shall be provided to 
                interested stakeholders.'';
                    (C) in paragraph (3)(A), by striking ``standards and 
                assessments'' and inserting ``standards, assessments 
                under section 1111(b)(2), and the requirement under 
                section 1118 that funds under part A be used to 
                supplement, and not supplant, State and local funds'';
                    (D) by striking paragraph (4) and inserting the 
                following:
            ``(4) Process.--Such process--
                    ``(A) shall not be subject to the Federal Advisory 
                Committee Act (5 U.S.C. App.); and
                    ``(B) shall, unless otherwise provided as described 
                in subsection (c), follow the provisions of subchapter 
                III of chapter 5 of title V, United States Code 
                (commonly known as the `Negotiated Rulemaking Act of 
                1990').''; and
                    (E) by striking paragraph (5);
            (3) by redesignating subsection (c) as subsection (d);
            (4) by inserting after subsection (b) the following:

    ``(c) Alternative Process for Certain Exceptions.--If consensus, as 
defined in section 562 of title 5, United States Code, on any proposed 
regulation is not reached by the individuals selected under subsection 
(b)(3)(B) for the negotiated rulemaking process, or if the Secretary 
determines that a negotiated rulemaking process is unnecessary, the 
Secretary may propose a regulation in the following manner:
            ``(1) Notice to congress.--Not less than 15 business days 
        prior to issuing a notice of proposed rulemaking in the Federal 
        Register, the Secretary shall provide to the Committee on 
        Health, Education, Labor, and Pensions of the Senate, the 
        Committee on Education and the Workforce of the House of 
        Representatives, and other relevant congressional committees, 
        notice of the Secretary's intent to issue a notice of proposed 
        rulemaking that shall include--
                    ``(A) a copy of the proposed regulation;
                    ``(B) the need to issue the regulation;
                    ``(C) the anticipated burden, including the time, 
                cost, and paperwork burden, the regulation will impose 
                on State educational agencies, local educational 
                agencies, schools, and other entities that may be 
                impacted by the regulation;
                    ``(D) the anticipated benefits to State educational 
                agencies, local educational agencies, schools, and other 
                entities that may be impacted by the regulation; and
                    ``(E) any regulations that will be repealed when the 
                new regulation is issued.
            ``(2) Comment period for congress.--The Secretary shall--
                    ``(A) before issuing any notice of proposed 
                rulemaking under this subsection, provide Congress with 
                a comment period of 15 business days to make comments on 
                the proposed regulation, beginning on the date that the 
                Secretary provides the notice of intent to the 
                appropriate committees of Congress under paragraph (1); 
                and

[[Page 129 STAT. 1912]]

                    ``(B) include and seek to address all comments 
                submitted by Congress in the public rulemaking record 
                for the regulation published in the Federal Register.
            ``(3) Comment and review period; emergency situations.--The 
        comment and review period for any proposed regulation shall be 
        not less than 60 days unless an emergency requires a shorter 
        period, in which case the Secretary shall--
                    ``(A) designate the proposed regulation as an 
                emergency with an explanation of the emergency in the 
                notice to Congress under paragraph (1);
                    ``(B) publish the length of the comment and review 
                period in such notice and in the Federal Register; and
                    ``(C) conduct immediately thereafter regional 
                meetings to review such proposed regulation before 
                issuing any final regulation.'';
            (5) in subsection (d), as redesignated by paragraph (3), by 
        striking ``Regulations to carry out this part'' and inserting 
        ``Regulations to carry out this title''; and
            (6) by inserting after subsection (d), as redesignated by 
        paragraph (3), the following:

    ``(e) Rule of Construction.--Nothing in this section affects the 
applicability of subchapter II of chapter 5, and chapter 7, of title 5, 
United States Code (commonly known as the `Administrative Procedure 
Act') or chapter 8 of title 5, United States Code (commonly known as the 
`Congressional Review Act').''.
    (b) Agreements and Records.--Subsection (a) of section 1602 (20 
U.S.C. 6572(a)), as redesignated by section 1501(a)(4) of this Act, is 
amended to read as follows:
    ``(a) Agreements.--In any case in which a negotiated rulemaking 
process is established under section 1601(b), all published proposed 
regulations shall conform to agreements that result from the rulemaking 
described in section 1601 unless the Secretary reopens the negotiated 
rulemaking process.''.
    (c) State Administration.--Section 1603 (20 U.S.C. 6573), as 
redesignated by section 1501(a)(4) of this Act, is further amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (C), by striking ``and'' 
                      after the semicolon;
                          (ii) in subparagraph (D), by striking the 
                      period and inserting ``; and''; and
                          (iii) by adding at the end the following:
                    ``(E)(i) identify any duplicative or contrasting 
                requirements between the State and Federal rules or 
                regulations; and
                    ``(ii) eliminate the State rules and regulations 
                that are duplicative of Federal requirements.''; and
                    (B) in paragraph (2), by striking ``the challenging 
                State student academic achievement standards'' and 
                inserting ``the challenging State academic standards''; 
                and
            (2) in subsection (b)(2), by striking subparagraphs (C) 
        through (G) and inserting the following:
                    ``(C) teachers from traditional public schools and 
                charter schools (if there are charter schools in the 
                State) and career and technical educators;
                    ``(D) principals and other school leaders;

[[Page 129 STAT. 1913]]

                    ``(E) parents;
                    ``(F) members of local school boards;
                    ``(G) representatives of private school children;
                    ``(H) specialized instructional support personnel 
                and paraprofessionals;
                    ``(I) representatives of authorized public 
                chartering agencies (if there are charter schools in the 
                State); and
                    ``(J) charter school leaders (if there are charter 
                schools in the State).''.

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

SEC. 2001. GENERAL PROVISIONS.

    (a) Title II Transfers and Related Amendments.--
            (1) Section 2366(b) (20 U.S.C. 6736(b)) is amended by 
        striking the matter following paragraph (2) and inserting the 
        following:
            ``(3) A State law that makes a limitation of liability 
        inapplicable if the civil action was brought by an officer of a 
        State or local government pursuant to State or local law.''.
            (2) Subpart 4 of part D of title II (20 U.S.C. 6777) is 
        amended, by striking the subpart designation and heading and 
        inserting the following:

                     ``Subpart 4--Internet Safety''.

            (3) Subpart 5 of part C of title II (20 U.S.C. 6731 et seq.) 
        (as amended by paragraph (1) of this subsection) is--
                    (A) <<NOTE: 20 USC 7801.>> transferred to title IX;
                    (B) inserted so as to appear after subpart 2 of part 
                E of such title;
                    (C) redesignated as subpart 3 of such part; and
                    (D) further amended by redesignating sections 2361 
                through 2368 <<NOTE: 20 USC 6731-6738, 7941-7948.>> as 
                sections 9541 through 9548, respectively.
            (4) Subpart 4 of part D of title II (20 U.S.C. 6777 et seq) 
        (as amended by paragraph (2) of this subsection) is--
                    (A) <<NOTE: 20 USC 7101.>> transferred to title IV;
                    (B) inserted so as to appear after subpart 4 of part 
                A of such title;
                    (C) redesignated as subpart 5 of such part; and
                    (D) further amended by redesignating 
                section <<NOTE: 20 USC 6777, 7131.>> 2441 as section 
                4161.
SEC. 2002. PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY 
                          TEACHERS, PRINCIPALS, OR OTHER SCHOOL 
                          LEADERS.

    The Act (20 U.S.C. 6301 et seq.) is amended by striking title 
II <<NOTE: 20 USC 6601.>> and inserting the following:

[[Page 129 STAT. 1914]]

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

``SEC. 2001. <<NOTE: 20 USC 6601.>> PURPOSE.

    ``The purpose of this title is to provide grants to State 
educational agencies and subgrants to local educational agencies to--
            ``(1) increase student achievement consistent with the 
        challenging State academic standards;
            ``(2) improve the quality and effectiveness of teachers, 
        principals, and other school leaders;
            ``(3) increase the number of teachers, principals, and other 
        school leaders who are effective in improving student academic 
        achievement in schools; and
            ``(4) provide low-income and minority students greater 
        access to effective teachers, principals, and other school 
        leaders.
``SEC. 2002. <<NOTE: 20 USC 6602.>> DEFINITIONS.

    ``In this title:
            ``(1) School leader residency program.--The term `school 
        leader residency program' means a school-based principal or 
        other school leader preparation program in which a prospective 
        principal or other school leader--
                    ``(A) for 1 academic year, engages in sustained and 
                rigorous clinical learning with substantial leadership 
                responsibilities and an opportunity to practice and be 
                evaluated in an authentic school setting; and
                    ``(B) during that academic year--
                          ``(i) participates in evidence-based 
                      coursework, to the extent the State (in 
                      consultation with local educational agencies in 
                      the State) determines that such evidence is 
                      reasonably available, that is integrated with the 
                      clinical residency experience; and
                          ``(ii) receives ongoing support from a mentor 
                      principal or other school leader, who is 
                      effective.
            ``(2) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
            ``(3) State authorizer.--The term `State authorizer' means 
        an entity designated by the Governor of a State to recognize 
        teacher, principal, or other school leader preparation academies 
        within the State that--
                    ``(A) enters into an agreement with a teacher, 
                principal, or other school leader preparation academy 
                that specifies the goals expected of the academy, as 
                described in paragraph (4)(A)(i);
                    ``(B) may be a nonprofit organization, State 
                educational agency, or other public entity, or 
                consortium of such entities (including a consortium of 
                States); and
                    ``(C) does not reauthorize a teacher, principal, or 
                other school leader preparation academy if the academy 
                fails to produce the minimum number or percentage of 
                effective teachers or principals or other school 
                leaders, respectively

[[Page 129 STAT. 1915]]

                (as determined by the State), identified in the 
                academy's authorizing agreement.
            ``(4) Teacher, principal, or other school leader preparation 
        academy.--The term `teacher, principal, or other school leader 
        preparation academy' means a public or other nonprofit entity, 
        which may be an institution of higher education or an 
        organization affiliated with an institution of higher education, 
        that establishes an academy that will prepare teachers, 
        principals, or other school leaders to serve in high-needs 
        schools, and that--
                    ``(A) enters into an agreement with a State 
                authorizer that specifies the goals expected of the 
                academy, including--
                          ``(i) a requirement that prospective teachers, 
                      principals, or other school leaders who are 
                      enrolled in the academy receive a significant part 
                      of their training through clinical preparation 
                      that partners the prospective candidate with an 
                      effective teacher, principal, or other school 
                      leader, as determined by the State, respectively, 
                      with a demonstrated record of increasing student 
                      academic achievement, including for the subgroups 
                      of students defined in section 1111(c)(2), while 
                      also receiving concurrent instruction from the 
                      academy in the content area (or areas) in which 
                      the prospective teacher, principal, or other 
                      school leader will become certified or licensed 
                      that links to the clinical preparation experience;
                          ``(ii) the number of effective teachers, 
                      principals, or other school leaders, respectively, 
                      who will demonstrate success in increasing student 
                      academic achievement that the academy will 
                      prepare; and
                          ``(iii) a requirement that the academy will 
                      award a certificate of completion (or degree, if 
                      the academy is, or is affiliated with, an 
                      institution of higher education) to a teacher only 
                      after the teacher demonstrates that the teacher is 
                      an effective teacher, as determined by the State, 
                      with a demonstrated record of increasing student 
                      academic achievement either as a student teacher 
                      or teacher-of-record on an alternative 
                      certificate, license, or credential;
                          ``(iv) a requirement that the academy will 
                      award a certificate of completion (or degree, if 
                      the academy is, or is affiliated with, an 
                      institution of higher education) to a principal or 
                      other school leader only after the principal or 
                      other school leader demonstrates a record of 
                      success in improving student performance; and
                          ``(v) timelines for producing cohorts of 
                      graduates and conferring certificates of 
                      completion (or degrees, if the academy is, or is 
                      affiliated with, an institution of higher 
                      education) from the academy;
                    ``(B) does not have unnecessary restrictions on the 
                methods the academy will use to train prospective 
                teacher, principal, or other school leader candidates, 
                including--
                          ``(i) obligating (or prohibiting) the 
                      academy's faculty to hold advanced degrees or 
                      conduct academic research;

[[Page 129 STAT. 1916]]

                          ``(ii) restrictions related to the academy's 
                      physical infrastructure;
                          ``(iii) restrictions related to the number of 
                      course credits required as part of the program of 
                      study;
                          ``(iv) restrictions related to the 
                      undergraduate coursework completed by teachers 
                      teaching or working on alternative certificates, 
                      licenses, or credentials, as long as such teachers 
                      have successfully passed all relevant State-
                      approved content area examinations; or
                          ``(v) restrictions related to obtaining 
                      accreditation from an accrediting body for 
                      purposes of becoming an academy;
                    ``(C) limits admission to its program to prospective 
                teacher, principal, or other school leader candidates 
                who demonstrate strong potential to improve student 
                academic achievement, based on a rigorous selection 
                process that reviews a candidate's prior academic 
                achievement or record of professional accomplishment; 
                and
                    ``(D) results in a certificate of completion or 
                degree that the State may, after reviewing the academy's 
                results in producing effective teachers, or principals, 
                or other school leaders, respectively (as determined by 
                the State) recognize as at least the equivalent of a 
                master's degree in education for the purposes of hiring, 
                retention, compensation, and promotion in the State.
            ``(5) Teacher residency program.--The term `teacher 
        residency program' means a school-based teacher preparation 
        program in which a prospective teacher--
                    ``(A) for not less than 1 academic year, teaches 
                alongside an effective teacher, as determined by the 
                State or local educational agency, who is the teacher of 
                record for the classroom;
                    ``(B) receives concurrent instruction during the 
                year described in subparagraph (A)--
                          ``(i) through courses that may be taught by 
                      local educational agency personnel or by faculty 
                      of the teacher preparation program; and
                          ``(ii) in the teaching of the content area in 
                      which the teacher will become certified or 
                      licensed; and
                    ``(C) acquires effective teaching skills, as 
                demonstrated through completion of a residency program, 
                or other measure determined by the State, which may 
                include a teacher performance assessment.
``SEC. 2003. <<NOTE: 20 USC 6603.>> AUTHORIZATION OF 
                          APPROPRIATIONS.

    ``(a) Grants to States and Local Educational Agencies.--For the 
purpose of carrying out part A, there are authorized to be appropriated 
$2,295,830,000 for each of fiscal years 2017 through 2020.
    ``(b) National Activities.--For the purpose of carrying out part B, 
there are authorized to be appropriated--
            ``(1) $468,880,575 for each of fiscal years 2017 and 2018;
            ``(2) $469,168,000 for fiscal year 2019; and
            ``(3) $489,168,000 for fiscal year 2020.

[[Page 129 STAT. 1917]]

               ``PART A--SUPPORTING EFFECTIVE INSTRUCTION

``SEC. 2101. <<NOTE: 20 USC 6611.>> FORMULA GRANTS TO STATES.

    ``(a) Reservation of Funds.--From the total amount appropriated 
under section 2003(a) for a fiscal year, the Secretary shall reserve--
            ``(1) one-half of 1 percent for allotments for the United 
        States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands, to be distributed 
        among those outlying areas on the basis of their relative need, 
        as determined by the Secretary, in accordance with the purpose 
        of this title; and
            ``(2) one-half of 1 percent for the Secretary of the 
        Interior for programs under this part in schools operated or 
        funded by the Bureau of Indian Education.

    ``(b) State Allotments.--
            ``(1) Hold harmless.--
                    ``(A) Fiscal years 2017 through 2022.--For each of 
                fiscal years 2017 through 2022, subject to paragraph (2) 
                and subparagraph (C), from the funds appropriated under 
                section 2003(a) for a fiscal year that remain after the 
                Secretary makes the reservations under subsection (a), 
                the Secretary shall allot to each State an amount equal 
                to the total amount that such State received for fiscal 
                year 2001 under--
                          ``(i) section 2202(b) of this Act (as in 
                      effect on the day before the date of enactment of 
                      the No Child Left Behind Act of 2001); and
                          ``(ii) section 306 of the Department of 
                      Education Appropriations Act, 2001 (as enacted 
                      into law by section 1(a)(1) of Public Law 106-
                      554).
                    ``(B) Ratable reduction.--If the funds described in 
                subparagraph (A) are insufficient to pay the full 
                amounts that all States are eligible to receive under 
                subparagraph (A) for any fiscal year, the Secretary 
                shall ratably reduce those amounts for the fiscal year.
                    ``(C) Percentage reduction.--For each of fiscal 
                years 2017 through 2022, the amount in subparagraph (A) 
                shall be reduced by a percentage equal to the product of 
                14.29 percent and the number of years between the fiscal 
                year for which the determination is being made and 
                fiscal year 2016.
            ``(2) Allotment of additional funds.--
                    ``(A) In general.--Subject to subparagraph (B), for 
                any fiscal year for which the funds appropriated under 
                section 2003(a) and not reserved under subsection (a) 
                exceed the total amount required to make allotments 
                under paragraph (1), the Secretary shall allot to each 
                State the sum of--
                          ``(i) for fiscal year 2017--
                                    ``(I) an amount that bears the same 
                                relationship to 35 percent of the excess 
                                amount as the number of individuals aged 
                                5 through 17 in the State, as determined 
                                by the Secretary on the basis of the 
                                most recent satisfactory data, bears to 
                                the

[[Page 129 STAT. 1918]]

                                number of those individuals in all such 
                                States, as so determined; and
                                    ``(II) an amount that bears the same 
                                relationship to 65 percent of the excess 
                                amount as the number of individuals aged 
                                5 through 17 from families with incomes 
                                below the poverty line in the State, as 
                                determined by the Secretary on the basis 
                                of the most recent satisfactory data, 
                                bears to the number of those individuals 
                                in all such States, as so determined;
                          ``(ii) for fiscal year 2018--
                                    ``(I) an amount that bears the same 
                                relationship to 30 percent of the excess 
                                amount as the number of individuals aged 
                                5 through 17 in the State, as determined 
                                by the Secretary on the basis of the 
                                most recent satisfactory data, bears to 
                                the number of those individuals in all 
                                such States, as so determined; and
                                    ``(II) an amount that bears the same 
                                relationship to 70 percent of the excess 
                                amount as the number of individuals aged 
                                5 through 17 from families with incomes 
                                below the poverty line in the State, as 
                                determined by the Secretary on the basis 
                                of the most recent satisfactory data, 
                                bears to the number of those individuals 
                                in all such States, as so determined;
                          ``(iii) for fiscal year 2019--
                                    ``(I) an amount that bears the same 
                                relationship to 25 percent of the excess 
                                amount as the number of individuals aged 
                                5 through 17 in the State, as determined 
                                by the Secretary on the basis of the 
                                most recent satisfactory data, bears to 
                                the number of those individuals in all 
                                such States, as so determined; and
                                    ``(II) an amount that bears the same 
                                relationship to 75 percent of the excess 
                                amount as the number of individuals aged 
                                5 through 17 from families with incomes 
                                below the poverty line in the State, as 
                                determined by the Secretary on the basis 
                                of the most recent satisfactory data, 
                                bears to the number of those individuals 
                                in all such States, as so determined; 
                                and
                          ``(iv) for fiscal year 2020--
                                    ``(I) an amount that bears the same 
                                relationship to 20 percent of the excess 
                                amount as the number of individuals aged 
                                5 through 17 in the State, as determined 
                                by the Secretary on the basis of the 
                                most recent satisfactory data, bears to 
                                the number of those individuals in all 
                                such States, as so determined; and
                                    ``(II) an amount that bears the same 
                                relationship to 80 percent of the excess 
                                amount as the number of individuals aged 
                                5 through 17 from families with incomes 
                                below the poverty line in the State, as 
                                determined by the Secretary on the basis 
                                of the most recent satisfactory data, 
                                bears

[[Page 129 STAT. 1919]]

                                to the number of those individuals in 
                                all such States, as so determined.
                    ``(B) Exception.--No State receiving an allotment 
                under subparagraph (A) may receive less than one-half of 
                1 percent of the total excess amount allotted under such 
                subparagraph for a fiscal year.
            ``(3) Fiscal year 2021 and succeeding fiscal years.--For 
        fiscal year 2021 and each of the succeeding fiscal years--
                    ``(A) the Secretary shall allot funds appropriated 
                under section 2003(a) and not reserved under subsection 
                (a) to each State in accordance with paragraph 
                (2)(A)(iv); and
                    ``(B) the amount appropriated but not reserved shall 
                be treated as the excess amount.
            ``(4) Reallotment.--If any State does not apply for an 
        allotment under this subsection for any fiscal year, the 
        Secretary shall reallot the amount of the allotment to the 
        remaining States in accordance with this subsection.

    ``(c) State Uses of Funds.--
            ``(1) In general.--Except as provided under paragraph (3), 
        each State that receives an allotment under subsection (b) for a 
        fiscal year shall reserve not less than 95 percent of such 
        allotment to make subgrants to local educational agencies for 
        such fiscal year, as described in section 2102.
            ``(2) State administration.--A State educational agency may 
        use not more than 1 percent of the amount allotted to such State 
        under subsection (b) for the administrative costs of carrying 
        out such State educational agency's responsibilities under this 
        part.
            ``(3) Principals or other school leaders.--Notwithstanding 
        paragraph (1) and in addition to funds otherwise available for 
        activities under paragraph (4), a State educational agency may 
        reserve not more than 3 percent of the amount reserved for 
        subgrants to local educational agencies under paragraph (1) for 
        one or more of the activities for principals or other school 
        leaders that are described in paragraph (4).
            ``(4) State activities.--
                    ``(A) In general.--The State educational agency for 
                a State that receives an allotment under subsection (b) 
                may use funds not reserved under paragraph (1) to carry 
                out 1 or more of the activities described in 
                subparagraph (B), which may be implemented in 
                conjunction with a State agency of higher education (if 
                such agencies are separate) and carried out through a 
                grant or contract with a for-profit or nonprofit entity, 
                including an institution of higher education.
                    ``(B) Types of state activities.--The activities 
                described in this subparagraph are the following:
                          ``(i) Reforming teacher, principal, or other 
                      school leader certification, recertification, 
                      licensing, or tenure systems or preparation 
                      program standards and approval processes to ensure 
                      that--
                                    ``(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

[[Page 129 STAT. 1920]]

                                help students meet challenging State 
                                academic standards;
                                    ``(II) principals or other school 
                                leaders have the instructional 
                                leadership skills to help teachers teach 
                                and to help students meet such 
                                challenging State academic standards; 
                                and
                                    ``(III) teacher certification or 
                                licensing requirements are aligned with 
                                such challenging State academic 
                                standards.
                          ``(ii) Developing, improving, or providing 
                      assistance to local educational agencies to 
                      support the design and implementation of teacher, 
                      principal, or other school leader evaluation and 
                      support systems that are based in part on evidence 
                      of student academic achievement, which may include 
                      student growth, and shall include multiple 
                      measures of educator performance and provide 
                      clear, timely, and useful feedback to teachers, 
                      principals, or other school leaders, such as by--
                                    ``(I) developing and disseminating 
                                high-quality evaluation tools, such as 
                                classroom observation rubrics, and 
                                methods, including training and 
                                auditing, for ensuring inter-rater 
                                reliability of evaluation results;
                                    ``(II) developing and providing 
                                training to principals, other school 
                                leaders, coaches, mentors, and 
                                evaluators on how to accurately 
                                differentiate performance, provide 
                                useful and timely feedback, and use 
                                evaluation results to inform 
                                decisionmaking about professional 
                                development, improvement strategies, and 
                                personnel decisions; and
                                    ``(III) developing a system for 
                                auditing the quality of evaluation and 
                                support systems.
                          ``(iii) Improving equitable access to 
                      effective teachers.
                          ``(iv) Carrying out programs that establish, 
                      expand, or improve alternative routes for State 
                      certification of teachers (especially for teachers 
                      of children with disabilities, English learners, 
                      science, technology, engineering, mathematics, or 
                      other areas where the State experiences a shortage 
                      of educators), principals, or other school 
                      leaders, for--
                                    ``(I) individuals with a 
                                baccalaureate or master's degree, or 
                                other advanced degree;
                                    ``(II) mid-career professionals from 
                                other occupations;
                                    ``(III) paraprofessionals;
                                    ``(IV) former military personnel; 
                                and
                                    ``(V) recent graduates of 
                                institutions of higher education with 
                                records of academic distinction who 
                                demonstrate the potential to become 
                                effective teachers, principals, or other 
                                school leaders.
                          ``(v) Developing, improving, and implementing 
                      mechanisms to assist local educational agencies 
                      and schools in effectively recruiting and 
                      retaining teachers, principals, or other school 
                      leaders who are effective in improving student 
                      academic achievement, including effective teachers 
                      from underrepresented minority

[[Page 129 STAT. 1921]]

                      groups and teachers with disabilities, such as 
                      through--
                                    ``(I) opportunities for effective 
                                teachers to lead evidence-based (to the 
                                extent the State determines that such 
                                evidence is reasonably available) 
                                professional development for the peers 
                                of such effective teachers; and
                                    ``(II) providing training and 
                                support for teacher leaders and 
                                principals or other school leaders who 
                                are recruited as part of instructional 
                                leadership teams.
                          ``(vi) Fulfilling the State educational 
                      agency's responsibilities concerning proper and 
                      efficient administration and monitoring of the 
                      programs carried out under this part, including 
                      provision of technical assistance to local 
                      educational agencies.
                          ``(vii) Developing, or assisting local 
                      educational agencies in developing--
                                    ``(I) career opportunities and 
                                advancement initiatives that promote 
                                professional growth and emphasize 
                                multiple career paths, such as 
                                instructional coaching and mentoring 
                                (including hybrid roles that allow 
                                instructional coaching and mentoring 
                                while remaining in the classroom), 
                                school leadership, and involvement with 
                                school improvement and support;
                                    ``(II) strategies that provide 
                                differential pay, or other incentives, 
                                to recruit and retain teachers in high-
                                need academic subjects and teachers, 
                                principals, or other school leaders, in 
                                low-income schools and school districts, 
                                which may include performance-based pay 
                                systems; and
                                    ``(III) new teacher, principal, or 
                                other school leader induction and 
                                mentoring programs that are, to the 
                                extent the State determines that such 
                                evidence is reasonably available, 
                                evidence-based, and designed to--
                                            ``(aa) improve classroom 
                                        instruction and student learning 
                                        and achievement, including 
                                        through improving school 
                                        leadership programs; and
                                            ``(bb) increase the 
                                        retention of effective teachers, 
                                        principals, or other school 
                                        leaders.
                          ``(viii) Providing assistance to local 
                      educational agencies for the development and 
                      implementation of high-quality professional 
                      development programs for principals that enable 
                      the principals to be effective and prepare all 
                      students to meet the challenging State academic 
                      standards.
                          ``(ix) Supporting efforts to train teachers, 
                      principals, or other school leaders to effectively 
                      integrate technology into curricula and 
                      instruction, which may include training to assist 
                      teachers in implementing blended learning (as 
                      defined in section 4102(1)) projects.

[[Page 129 STAT. 1922]]

                          ``(x) Providing training, technical 
                      assistance, and capacity-building to local 
                      educational agencies that receive a subgrant under 
                      this part.
                          ``(xi) Reforming or improving teacher, 
                      principal, or other school leader preparation 
                      programs, such as through establishing teacher 
                      residency programs and school leader residency 
                      programs.
                          ``(xii) Establishing or expanding teacher, 
                      principal, or other school leader preparation 
                      academies, with an amount of the funds described 
                      in subparagraph (A) that is not more than 2 
                      percent of the State's allotment, if--
                                    ``(I) allowable under State law;
                                    ``(II) the State enables candidates 
                                attending a teacher, principal, or other 
                                school leader preparation academy to be 
                                eligible for State financial aid to the 
                                same extent as participants in other 
                                State-approved teacher or principal 
                                preparation programs, including 
                                alternative certification, licensure, or 
                                credential programs; and
                                    ``(III) the State enables teachers, 
                                principals, or other school leaders who 
                                are teaching or working while on 
                                alternative certificates, licenses, or 
                                credentials to teach or work in the 
                                State while enrolled in a teacher, 
                                principal, or other school leader 
                                preparation academy.
                          ``(xiii) Supporting the instructional services 
                      provided by effective school library programs.
                          ``(xiv) Developing, or assisting local 
                      educational agencies in developing, strategies 
                      that provide teachers, principals, or other school 
                      leaders with the skills, credentials, or 
                      certifications needed to educate all students in 
                      postsecondary education coursework through early 
                      college high school or dual or concurrent 
                      enrollment programs.
                          ``(xv) Providing training for all school 
                      personnel, including teachers, principals, other 
                      school leaders, specialized instructional support 
                      personnel, and paraprofessionals, regarding how to 
                      prevent and recognize child sexual abuse.
                          ``(xvi) Supporting opportunities for 
                      principals, other school leaders, teachers, 
                      paraprofessionals, early childhood education 
                      program directors, and other early childhood 
                      education program providers to participate in 
                      joint efforts to address the transition to 
                      elementary school, including issues related to 
                      school readiness.
                          ``(xvii) Developing and providing professional 
                      development and other comprehensive systems of 
                      support for teachers, principals, or other school 
                      leaders to promote high-quality instruction and 
                      instructional leadership in science, technology, 
                      engineering, and mathematics subjects, including 
                      computer science.
                          ``(xviii) Supporting the professional 
                      development and improving the instructional 
                      strategies of teachers, principals, or other 
                      school leaders to integrate career and technical 
                      education content into academic instructional 
                      practices, which may include training on best

[[Page 129 STAT. 1923]]

                      practices to understand State and regional 
                      workforce needs and transitions to postsecondary 
                      education and the workforce.
                          ``(xix) Enabling States, as a consortium, to 
                      voluntarily develop a process that allows teachers 
                      who are licensed or certified in a participating 
                      State to teach in other participating States 
                      without completing additional licensure or 
                      certification requirements, except that nothing in 
                      this clause shall be construed to allow the 
                      Secretary to exercise any direction, supervision, 
                      or control over State teacher licensing or 
                      certification requirements.
                          ``(xx) Supporting and developing efforts to 
                      train teachers on the appropriate use of student 
                      data to ensure that individual student privacy is 
                      protected as required by section 444 of the 
                      General Education Provisions Act (commonly known 
                      as the `Family Educational Rights and Privacy Act 
                      of 1974') (20 U.S.C. 1232g) and in accordance with 
                      State student privacy laws and local educational 
                      agency student privacy and technology use 
                      policies.
                          ``(xxi) Supporting other activities identified 
                      by the State that are, to the extent the State 
                      determines that such evidence is reasonably 
                      available, evidence-based and that meet the 
                      purpose of this title.

    ``(d) State Application.--
            ``(1) In general.--In order to receive an allotment under 
        this section for any fiscal year, a State shall submit an 
        application to the Secretary at such time and in such manner as 
        the Secretary may reasonably require.
            ``(2) Contents.--Each application described under paragraph 
        (1) shall include the following:
                    ``(A) A description of how the State educational 
                agency will use funds received under this title for 
                State-level activities described in subsection (c).
                    ``(B) A description of the State's system of 
                certification and licensing of teachers, principals, or 
                other school leaders.
                    ``(C) A description of how activities under this 
                part are aligned with challenging State academic 
                standards.
                    ``(D) A description of how the activities carried 
                out with funds under this part are expected to improve 
                student achievement.
                    ``(E) If a State educational agency plans to use 
                funds under this part to improve equitable access to 
                effective teachers, consistent with section 
                1111(g)(1)(B), a description of how such funds will be 
                used for such purpose.
                    ``(F) If applicable, a description of how the State 
                educational agency will work with local educational 
                agencies in the State to develop or implement State or 
                local teacher, principal, or other school leader 
                evaluation and support systems that meet the 
                requirements of subsection (c)(4)(B)(ii).
                    ``(G) An assurance that the State educational agency 
                will monitor the implementation of activities under this 
                part and provide technical assistance to local 
                educational agencies in carrying out such activities.

[[Page 129 STAT. 1924]]

                    ``(H) An assurance that the State educational agency 
                will work in consultation with the entity responsible 
                for teacher, principal, or other school leader 
                professional standards, certification, and licensing for 
                the State, and encourage collaboration between educator 
                preparation programs, the State, and local educational 
                agencies to promote the readiness of new educators 
                entering the profession.
                    ``(I) An assurance that the State educational agency 
                will comply with section 8501 (regarding participation 
                by private school children and teachers).
                    ``(J) A description of how the State educational 
                agency will improve the skills of teachers, principals, 
                or other school leaders in order to enable them to 
                identify students with specific learning needs, 
                particularly children with disabilities, English 
                learners, students who are gifted and talented, and 
                students with low literacy levels, and provide 
                instruction based on the needs of such students.
                    ``(K) A description of how the State will use data 
                and ongoing consultation as described in paragraph (3) 
                to continually update and improve the activities 
                supported under this part.
                    ``(L) A description of how the State educational 
                agency will encourage opportunities for increased 
                autonomy and flexibility for teachers, principals, or 
                other school leaders, such as by establishing innovation 
                schools that have a high degree of autonomy over budget 
                and operations, are transparent and accountable to the 
                public, and lead to improved academic outcomes for 
                students.
                    ``(M) A description of actions the State may take to 
                improve preparation programs and strengthen support for 
                teachers, principals, or other school leaders based on 
                the needs of the State, as identified by the State 
                educational agency.
            ``(3) Consultation.--In developing the State application 
        under this subsection, a State shall--
                    ``(A) meaningfully consult with teachers, 
                principals, other school leaders, paraprofessionals 
                (including organizations representing such individuals), 
                specialized instructional support personnel, charter 
                school leaders (in a State that has charter schools), 
                parents, community partners, and other organizations or 
                partners with relevant and demonstrated expertise in 
                programs and activities designed to meet the purpose of 
                this title;
                    ``(B) seek advice from the individuals, 
                organizations, or partners described in subparagraph (A) 
                regarding how best to improve the State's activities to 
                meet the purpose of this title; and
                    ``(C) coordinate the State's activities under this 
                part with other related strategies, programs, and 
                activities being conducted in the State.
            ``(4) Limitation.--Consultation required under paragraph (3) 
        shall not interfere with the timely submission of the 
        application required under this section.

    ``(e) Prohibition.--Nothing in this section shall be construed to 
authorize the Secretary or any other officer or employee of the Federal 
Government to mandate, direct, or control any of the following:

[[Page 129 STAT. 1925]]

            ``(1) The development, improvement, or implementation of 
        elements of any teacher, principal, or other school leader 
        evaluation system.
            ``(2) Any State or local educational agency's definition of 
        teacher, principal, or other school leader effectiveness.
            ``(3) Any teacher, principal, or other school leader 
        professional standards, certification, or licensing.
``SEC. 2102. <<NOTE: 20 USC 6612.>> 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) Rule of construction.--Nothing in this section shall 
        be construed to prohibit a consortium of local educational 
        agencies that are designated with a locale code of 41, 42, or 
        43, or such local educational agencies designated with a locale 
        code of 41, 42, or 43 that work in cooperation with an 
        educational service agency, from voluntarily combining 
        allocations received under this part for the collective use of 
        funding by the consortium for activities under this section.

    ``(b) Local Applications.--
            ``(1) In general.--To be eligible to receive a subgrant 
        under this section, a local educational agency shall submit an 
        application to the State educational agency at such time, in 
        such manner, and containing such information as the State 
        educational agency may reasonably require.
            ``(2) Contents of application.--Each application submitted 
        under paragraph (1) shall include the following:
                    ``(A) A description of the activities to be carried 
                out by the local educational agency under this section 
                and how these activities will be aligned with 
                challenging State academic standards.

[[Page 129 STAT. 1926]]

                    ``(B) A description of the local educational 
                agency's systems of professional growth and improvement, 
                such as induction for teachers, principals, or other 
                school leaders and opportunities for building the 
                capacity of teachers and opportunities to develop 
                meaningful teacher leadership.
                    ``(C) A description of how the local educational 
                agency will prioritize funds to schools served by the 
                agency that are implementing comprehensive support and 
                improvement activities and targeted support and 
                improvement activities under section 1111(d) and have 
                the highest percentage of children counted under section 
                1124(c).
                    ``(D) A description of how the local educational 
                agency will use data and ongoing consultation described 
                in paragraph (3) to continually update and improve 
                activities supported under this part.
                    ``(E) An assurance that the local educational agency 
                will comply with section 8501 (regarding participation 
                by private school children and teachers).
                    ``(F) An assurance that the local educational agency 
                will coordinate professional development activities 
                authorized under this part with professional development 
                activities provided through other Federal, State, and 
                local programs.
            ``(3) Consultation.--In developing the application described 
        in paragraph (2), a local educational agency shall--
                    ``(A) meaningfully consult with teachers, 
                principals, other school leaders, paraprofessionals 
                (including organizations representing such individuals), 
                specialized instructional support personnel, charter 
                school leaders (in a local educational agency that has 
                charter schools), parents, community partners, and other 
                organizations or partners with relevant and demonstrated 
                expertise in programs and activities designed to meet 
                the purpose of this title;
                    ``(B) seek advice from the individuals and 
                organizations described in subparagraph (A) regarding 
                how best to improve the local educational agency's 
                activities to meet the purpose of this title; and
                    ``(C) coordinate the local educational agency's 
                activities under this part with other related 
                strategies, programs, and activities being conducted in 
                the community.
            ``(4) Limitation.--Consultation required under paragraph (3) 
        shall not interfere with the timely submission of the 
        application required under this section.
``SEC. 2103. <<NOTE: 20 USC 6613.>> LOCAL USES OF FUNDS.

    ``(a) In General.--A local educational agency that receives a 
subgrant under section 2102 shall use the funds made available through 
the subgrant to develop, implement, and evaluate comprehensive programs 
and activities described in subsection (b), which may be carried out--
            ``(1) through a grant or contract with a for-profit or 
        nonprofit entity; or
            ``(2) in partnership with an institution of higher education 
        or an Indian tribe or tribal organization (as such terms are 
        defined under section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b)).

[[Page 129 STAT. 1927]]

    ``(b) Types of Activities.--The programs and activities described in 
this subsection--
            ``(1) shall be in accordance with the purpose of this title;
            ``(2) shall address the learning needs of all students, 
        including children with disabilities, English learners, and 
        gifted and talented students; and
            ``(3) may include, among other programs and activities--
                    ``(A) developing or improving a rigorous, 
                transparent, and fair evaluation and support system for 
                teachers, principals, or other school leaders that--
                          ``(i) is based in part on evidence of student 
                      achievement, which may include student growth; and
                          ``(ii) shall include multiple measures of 
                      educator performance and provide clear, timely, 
                      and useful feedback to teachers, principals, or 
                      other school leaders;
                    ``(B) developing and implementing initiatives to 
                assist in recruiting, hiring, and retaining effective 
                teachers, particularly in low-income schools with high 
                percentages of ineffective teachers and high percentages 
                of students who do not meet the challenging State 
                academic standards, to improve within-district equity in 
                the distribution of teachers, consistent with section 
                1111(g)(1)(B), such as initiatives that provide--
                          ``(i) expert help in screening candidates and 
                      enabling early hiring;
                          ``(ii) differential and incentive pay for 
                      teachers, principals, or other school leaders in 
                      high-need academic subject areas and specialty 
                      areas, which may include performance-based pay 
                      systems;
                          ``(iii) teacher, paraprofessional, principal, 
                      or other school leader advancement and 
                      professional growth, and an emphasis on leadership 
                      opportunities, multiple career paths, and pay 
                      differentiation;
                          ``(iv) new teacher, principal, or other school 
                      leader induction and mentoring programs that are 
                      designed to--
                                    ``(I) improve classroom instruction 
                                and student learning and achievement; 
                                and
                                    ``(II) increase the retention of 
                                effective teachers, principals, or other 
                                school leaders;
                          ``(v) the development and provision of 
                      training for school leaders, coaches, mentors, and 
                      evaluators on how accurately to differentiate 
                      performance, provide useful feedback, and use 
                      evaluation results to inform decisionmaking about 
                      professional development, improvement strategies, 
                      and personnel decisions; and
                          ``(vi) a system for auditing the quality of 
                      evaluation and support systems;
                    ``(C) recruiting qualified individuals from other 
                fields to become teachers, principals, or other school 
                leaders, including mid-career professionals from other 
                occupations, former military personnel, and recent 
                graduates of institutions of higher education with 
                records of academic distinction who demonstrate 
                potential to become effective teachers, principals, or 
                other school leaders;
                    ``(D) reducing class size to a level that is 
                evidence-based, to the extent the State (in consultation 
                with local

[[Page 129 STAT. 1928]]

                educational agencies in the State) determines that such 
                evidence is reasonably available, to improve student 
                achievement through the recruiting and hiring of 
                additional effective teachers;
                    ``(E) providing high-quality, personalized 
                professional development that is evidence-based, to the 
                extent the State (in consultation with local educational 
                agencies in the State) determines that such evidence is 
                reasonably available, for teachers, instructional 
                leadership teams, principals, or other school leaders, 
                that is focused on improving teaching and student 
                learning and achievement, including supporting efforts 
                to train teachers, principals, or other school leaders 
                to--
                          ``(i) effectively integrate technology into 
                      curricula and instruction (including education 
                      about the harms of copyright piracy);
                          ``(ii) use data to improve student achievement 
                      and understand how to ensure individual student 
                      privacy is protected, as required under section 
                      444 of the General Education Provisions Act 
                      (commonly known as the `Family Educational Rights 
                      and Privacy Act of 1974') (20 U.S.C. 1232g) and 
                      State and local policies and laws in the use of 
                      such data;
                          ``(iii) effectively engage parents, families, 
                      and community partners, and coordinate services 
                      between school and community;
                          ``(iv) help all students develop the skills 
                      essential for learning readiness and academic 
                      success;
                          ``(v) develop policy with school, local 
                      educational agency, community, or State leaders; 
                      and
                          ``(vi) participate in opportunities for 
                      experiential learning through observation;
                    ``(F) developing programs and activities that 
                increase the ability of teachers to effectively teach 
                children with disabilities, including children with 
                significant cognitive disabilities, and English 
                learners, which may include the use of multi-tier 
                systems of support and positive behavioral intervention 
                and supports, so that such children with disabilities 
                and English learners can meet the challenging State 
                academic standards;
                    ``(G) providing programs and activities to 
                increase--
                          ``(i) the knowledge base of teachers, 
                      principals, or other school leaders on instruction 
                      in the early grades and on strategies to measure 
                      whether young children are progressing; and
                          ``(ii) the ability of principals or other 
                      school leaders to support teachers, teacher 
                      leaders, early childhood educators, and other 
                      professionals to meet the needs of students 
                      through age 8, which may include providing joint 
                      professional learning and planning activities for 
                      school staff and educators in preschool programs 
                      that address the transition to elementary school;
                    ``(H) providing training, technical assistance, and 
                capacity-building in local educational agencies to 
                assist teachers, principals, or other school leaders 
                with selecting

[[Page 129 STAT. 1929]]

                and implementing formative assessments, designing 
                classroom-based assessments, and using data from such 
                assessments to improve instruction and student academic 
                achievement, which may include providing additional time 
                for teachers to review student data and respond, as 
                appropriate;
                    ``(I) carrying out in-service training for school 
                personnel in--
                          ``(i) the techniques and supports needed to 
                      help educators understand when and how to refer 
                      students affected by trauma, and children with, or 
                      at risk of, mental illness;
                          ``(ii) the use of referral mechanisms that 
                      effectively link such children to appropriate 
                      treatment and intervention services in the school 
                      and in the community, where appropriate;
                          ``(iii) forming partnerships between school-
                      based mental health programs and public or private 
                      mental health organizations; and
                          ``(iv) addressing issues related to school 
                      conditions for student learning, such as safety, 
                      peer interaction, drug and alcohol abuse, and 
                      chronic absenteeism;
                    ``(J) providing training to support the 
                identification of students who are gifted and talented, 
                including high-ability students who have not been 
                formally identified for gifted education services, and 
                implementing instructional practices that support the 
                education of such students, such as--
                          ``(i) early entrance to kindergarten;
                          ``(ii) enrichment, acceleration, and 
                      curriculum compacting activities; and
                          ``(iii) dual or concurrent enrollment programs 
                      in secondary school and postsecondary education;
                    ``(K) supporting the instructional services provided 
                by effective school library programs;
                    ``(L) providing training for all school personnel, 
                including teachers, principals, other school leaders, 
                specialized instructional support personnel, and 
                paraprofessionals, regarding how to prevent and 
                recognize child sexual abuse;
                    ``(M) developing and providing professional 
                development and other comprehensive systems of support 
                for teachers, principals, or other school leaders to 
                promote high-quality instruction and instructional 
                leadership in science, technology, engineering, and 
                mathematics subjects, including computer science;
                    ``(N) developing feedback mechanisms to improve 
                school working conditions, including through 
                periodically and publicly reporting results of educator 
                support and working conditions feedback;
                    ``(O) providing high-quality professional 
                development for teachers, principals, or other school 
                leaders on effective strategies to integrate rigorous 
                academic content, career and technical education, and 
                work-based learning (if appropriate), which may include 
                providing common planning time, to help prepare students 
                for postsecondary education and the workforce; and

[[Page 129 STAT. 1930]]

                    ``(P) carrying out other activities that are 
                evidence-based, to the extent the State (in consultation 
                with local educational agencies in the State) determines 
                that such evidence is reasonably available, and 
                identified by the local educational agency that meet the 
                purpose of this title.
``SEC. 2104. <<NOTE: 20 USC 6614.>> REPORTING.

    ``(a) State Report.--Each State educational agency receiving funds 
under this part shall annually submit to the Secretary a report that 
provides--
            ``(1) a description of how the State is using grant funds 
        received under this part to meet the purpose of this title, and 
        how such chosen activities improved teacher, principal, or other 
        school leader effectiveness, as determined by the State or local 
        educational agency;
            ``(2) if funds are used under this part to improve equitable 
        access to teachers for low-income and minority students, 
        consistent with section 1111(g)(1)(B), a description of how 
        funds have been used to improve such access;
            ``(3) for a State that implements a teacher, principal, or 
        other school leader evaluation and support system, consistent 
        with section 2101(c)(4)(B)(ii), using funds under this part, the 
        evaluation results of teachers, principals, or other school 
        leaders, except that such information shall not provide 
        personally identifiable information on individual teachers, 
        principals, or other school leaders; and
            ``(4) where available, the annual retention rates of 
        effective and ineffective teachers, principals, or other school 
        leaders, using any methods or criteria the State has or develops 
        under section 1111(g)(2)(A), except that nothing in this 
        paragraph shall be construed to require any State educational 
        agency or local educational agency to collect and report any 
        data the State educational agency or local educational agency is 
        not collecting or reporting as of the day before the date of 
        enactment of the Every Student Succeeds Act.

    ``(b) Local Educational Agency Report.--Each local educational 
agency receiving funds under this part shall submit to the State 
educational agency such information as the State requires, which shall 
include the information described in subsection (a) for the local 
educational agency.
    ``(c) Availability.--The reports and information provided under 
subsections (a) and (b) shall be made readily available to the public.
    ``(d) Limitation.--The reports and information provided under 
subsections (a) and (b) shall not reveal personally identifiable 
information about any individual.

                      ``PART B--NATIONAL ACTIVITIES

``SEC. 2201. <<NOTE: 20 USC 6621.>> RESERVATIONS.

    ``From the amounts appropriated under section 2003(b) for a fiscal 
year, the Secretary shall reserve--
            ``(1) to carry out activities authorized under subpart 1--
                    ``(A) 49.1 percent for each of fiscal years 2017 
                through 2019; and
                    ``(B) 47 percent for fiscal year 2020;
            ``(2) to carry out activities authorized under subpart 2--

[[Page 129 STAT. 1931]]

                    ``(A) 34.1 percent for each of fiscal years 2017 
                through 2019; and
                    ``(B) 36.8 percent for fiscal year 2020;
            ``(3) to carry out activities authorized under subpart 3, 
        1.4 percent for each of fiscal years 2017 through 2020; and
            ``(4) to carry out activities authorized under subpart 4--
                    ``(A) 15.4 percent for each of fiscal years 2017 
                through 2019; and
                    ``(B) 14.8 percent for fiscal year 2020.

        ``Subpart 1--Teacher and School Leader Incentive Program

``SEC. 2211. <<NOTE: 20 USC 6631.>> PURPOSES; DEFINITIONS.

    ``(a) Purposes.--The purposes of this subpart are--
            ``(1) to assist States, local educational agencies, and 
        nonprofit organizations to develop, implement, improve, or 
        expand comprehensive performance-based compensation systems or 
        human capital management systems for teachers, principals, or 
        other school leaders (especially for teachers, principals, or 
        other school leaders in high-need schools) who raise student 
        academic achievement and close the achievement gap between high- 
        and low-performing students; and
            ``(2) to study and review performance-based compensation 
        systems or human capital management systems for teachers, 
        principals, or other school leaders to evaluate the 
        effectiveness, fairness, quality, consistency, and reliability 
        of the systems.

    ``(b) Definitions.--In this subpart:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a local educational agency, including a 
                charter school that is a local educational agency, or a 
                consortium of local educational agencies;
                    ``(B) a State educational agency or other State 
                agency designated by the chief executive of a State to 
                participate under this subpart;
                    ``(C) the Bureau of Indian Education; or
                    ``(D) a partnership consisting of--
                          ``(i) 1 or more agencies described in 
                      subparagraph (A), (B), or (C); and
                          ``(ii) at least 1 nonprofit or for-profit 
                      entity.
            ``(2) High-need school.--The term `high-need school' means a 
        public elementary school or secondary school that is located in 
        an area in which the percentage of students from families with 
        incomes below the poverty line is 30 percent or more.
            ``(3) Human capital management system.--The term `human 
        capital management system' means a system--
                    ``(A) by which a local educational agency makes and 
                implements human capital decisions, such as decisions on 
                preparation, recruitment, hiring, placement, retention, 
                dismissal, compensation, professional development, 
                tenure, and promotion; and
                    ``(B) that includes a performance-based compensation 
                system.
            ``(4) Performance-based compensation system.--The term 
        `performance-based compensation system' means a system

[[Page 129 STAT. 1932]]

        of compensation for teachers, principals, or other school 
        leaders--
                    ``(A) that differentiates levels of compensation 
                based in part on measurable increases in student 
                academic achievement; and
                    ``(B) which may include--
                          ``(i) differentiated levels of compensation, 
                      which may include bonus pay, on the basis of the 
                      employment responsibilities and success of 
                      effective teachers, principals, or other school 
                      leaders in hard-to-staff schools or high-need 
                      subject areas; and
                          ``(ii) recognition of the skills and knowledge 
                      of teachers, principals, or other school leaders 
                      as demonstrated through--
                                    ``(I) successful fulfillment of 
                                additional responsibilities or job 
                                functions, such as teacher leadership 
                                roles; and
                                    ``(II) evidence of professional 
                                achievement and mastery of content 
                                knowledge and superior teaching and 
                                leadership skills.
``SEC. 2212. <<NOTE: 20 USC 6632.>> TEACHER AND SCHOOL LEADER 
                          INCENTIVE FUND GRANTS.

    ``(a) Grants Authorized.--From the amounts reserved by the Secretary 
under section 2201(1), the Secretary shall award grants, on a 
competitive basis, to eligible entities to enable the eligible entities 
to develop, implement, improve, or expand performance-based compensation 
systems or human capital management systems, in schools served by the 
eligible entity.
    ``(b) Duration of Grants.--
            ``(1) In general.--A grant awarded under this subpart shall 
        be for a period of not more than 3 years.
            ``(2) Renewal.--The Secretary may renew a grant awarded 
        under this subpart for a period of not more than 2 years if the 
        grantee demonstrates to the Secretary that the grantee is 
        effectively using funds. Such renewal may include allowing the 
        grantee to scale up or replicate the successful program.
            ``(3) Limitation.--A local educational agency may receive 
        (whether individually or as part of a consortium or partnership) 
        a grant under this subpart, as amended by the Every Student 
        Succeeds Act, only twice.

    ``(c) Applications.--An eligible entity desiring a grant under this 
subpart shall submit an application to the Secretary at such time and in 
such manner as the Secretary may reasonably require. The application 
shall include--
            ``(1) a description of the performance-based compensation 
        system or human capital management system that the eligible 
        entity proposes to develop, implement, improve, or expand 
        through the grant;
            ``(2) a description of the most significant gaps or 
        insufficiencies in student access to effective teachers, 
        principals, or other school leaders in high-need schools, 
        including gaps or inequities in how effective teachers, 
        principals, or other school leaders are distributed across the 
        local educational agency, as identified using factors such as 
        data on school resources, staffing patterns, school environment, 
        educator support systems, and other school-level factors;

[[Page 129 STAT. 1933]]

            ``(3) a description and evidence of the support and 
        commitment from teachers, principals, or other school leaders, 
        which may include charter school leaders, in the school 
        (including organizations representing teachers, principals, or 
        other school leaders), the community, and the local educational 
        agency to the activities proposed under the grant;
            ``(4) a description of how the eligible entity will develop 
        and implement a fair, rigorous, valid, reliable, and objective 
        process to evaluate teacher, principal, or other school leader 
        performance under the system that is based in part on measures 
        of student academic achievement, including the baseline 
        performance against which evaluations of improved performance 
        will be made;
            ``(5) a description of the local educational agencies or 
        schools to be served under the grant, including such student 
        academic achievement, demographic, and socioeconomic information 
        as the Secretary may request;
            ``(6) a description of the effectiveness of teachers, 
        principals, or other school leaders in the local educational 
        agency and the schools to be served under the grant and the 
        extent to which the system will increase the effectiveness of 
        teachers, principals, or other school leaders in such schools;
            ``(7) a description of how the eligible entity will use 
        grant funds under this subpart in each year of the grant, 
        including a timeline for implementation of such activities;
            ``(8) a description of how the eligible entity will continue 
        the activities assisted under the grant after the grant period 
        ends;
            ``(9) a description of the State, local, or other public or 
        private funds that will be used to supplement the grant, 
        including funds under part A, and sustain the activities 
        assisted under the grant after the end of the grant period;
            ``(10) a description of--
                    ``(A) the rationale for the project;
                    ``(B) how the proposed activities are evidence-
                based; and
                    ``(C) if applicable, the prior experience of the 
                eligible entity in developing and implementing such 
                activities; and
            ``(11) a description of how activities funded under this 
        subpart will be evaluated, monitored, and publically reported.

    ``(d) Award Basis.--
            ``(1) Priority.--In awarding a grant under this subpart, the 
        Secretary shall give priority to an eligible entity that 
        concentrates the activities proposed to be assisted under the 
        grant on teachers, principals, or other school leaders serving 
        in high-need schools.
            ``(2) Equitable distribution.--To the extent practicable, 
        the Secretary shall ensure an equitable geographic distribution 
        of grants under this subpart, including the distribution of such 
        grants between rural and urban areas.

    ``(e) Use of Funds.--
            ``(1) In general.--An eligible entity that receives a grant 
        under this subpart shall use the grant funds to develop, 
        implement, improve, or expand, in collaboration with teachers, 
        principals, other school leaders, and members of the public, a 
        performance-based compensation system or human capital 
        management system consistent with this subpart.

[[Page 129 STAT. 1934]]

            ``(2) Authorized activities.--Grant funds under this subpart 
        may be used for one or more of the following:
                    ``(A) Developing or improving an evaluation and 
                support system, including as part of a human capital 
                management system as applicable, that--
                          ``(i) reflects clear and fair measures of 
                      teacher, principal, or other school leader 
                      performance, based in part on demonstrated 
                      improvement in student academic achievement; and
                          ``(ii) provides teachers, principals, or other 
                      school leaders with ongoing, differentiated, 
                      targeted, and personalized support and feedback 
                      for improvement, including professional 
                      development opportunities designed to increase 
                      effectiveness.
                    ``(B) Conducting outreach within a local educational 
                agency or a State to gain input on how to construct an 
                evaluation and support system described in subparagraph 
                (A) and to develop support for the evaluation and 
                support system, including by training appropriate 
                personnel in how to observe and evaluate teachers, 
                principals, or other school leaders.
                    ``(C) Providing principals or other school leaders 
                with--
                          ``(i) balanced autonomy to make budgeting, 
                      scheduling, and other school-level decisions in a 
                      manner that meets the needs of the school without 
                      compromising the intent or essential components of 
                      the policies of the local educational agency or 
                      State; and
                          ``(ii) authority to make staffing decisions 
                      that meet the needs of the school, such as 
                      building an instructional leadership team that 
                      includes teacher leaders or offering opportunities 
                      for teams or pairs of effective teachers or 
                      candidates to teach or start teaching in high-need 
                      schools together.
                    ``(D) Implementing, as part of a comprehensive 
                performance-based compensation system, a differentiated 
                salary structure, which may include bonuses and 
                stipends, to--
                          ``(i) teachers who--
                                    ``(I) teach in--
                                            ``(aa) high-need schools; or
                                            ``(bb) high-need subjects;
                                    ``(II) raise student academic 
                                achievement; or
                                    ``(III) take on additional 
                                leadership responsibilities; or
                          ``(ii) principals or other school leaders who 
                      serve in high-need schools and raise student 
                      academic achievement in the schools.
                    ``(E) Improving the local educational agency's 
                system and process for the recruitment, selection, 
                placement, and retention of effective teachers, 
                principals, or other school leaders in high-need 
                schools, such as by improving local educational agency 
                policies and procedures to ensure that high-need schools 
                are competitive and timely in--
                          ``(i) attracting, hiring, and retaining 
                      effective educators;
                          ``(ii) offering bonuses or higher salaries to 
                      effective educators; or

[[Page 129 STAT. 1935]]

                          ``(iii) establishing or strengthening school 
                      leader residency programs and teacher residency 
                      programs.
                    ``(F) Instituting career advancement opportunities 
                characterized by increased responsibility and pay that 
                reward and recognize effective teachers, principals, or 
                other school leaders in high-need schools and enable 
                them to expand their leadership and results, such as 
                through teacher-led professional development, mentoring, 
                coaching, hybrid roles, administrative duties, and 
                career ladders.

    ``(f) Matching Requirement.--Each eligible entity that receives a 
grant under this subpart shall provide, from non-Federal sources, an 
amount equal to 50 percent of the amount of the grant (which may be 
provided in cash or in kind) to carry out the activities supported by 
the grant.
    ``(g) Supplement, Not Supplant.--Grant funds provided under this 
subpart shall be used to supplement, not supplant, other Federal or 
State funds available to carry out activities described in this subpart.
``SEC. 2213. <<NOTE: 20 USC 6633.>> REPORTS.

    ``(a) Activities Summary.--Each eligible entity receiving a grant 
under this subpart shall provide to the Secretary a summary of the 
activities assisted under the grant.
    ``(b) Report.--The Secretary shall provide to Congress an annual 
report on the implementation of the program carried out under this 
subpart, including--
            ``(1) information on eligible entities that received grant 
        funds under this subpart, including--
                    ``(A) information provided by eligible entities to 
                the Secretary in the applications submitted under 
                section 2212(c);
                    ``(B) the summaries received under subsection (a); 
                and
                    ``(C) grant award amounts; and
            ``(2) student academic achievement and, as applicable, 
        growth data from the schools participating in the programs 
        supported under the grant.

    ``(c) Evaluation and Technical Assistance.--
            ``(1) Reservation of funds.--Of the total amount reserved 
        for this subpart for a fiscal year, the Secretary may reserve 
        for such fiscal year not more than 1 percent for the cost of the 
        evaluation under paragraph (2) and for technical assistance in 
        carrying out this subpart.
            ``(2) Evaluation.--From amounts reserved under paragraph 
        (1), the Secretary, acting through the Director of the Institute 
        of Education Sciences, shall carry out an independent evaluation 
        to measure the effectiveness of the program assisted under this 
        subpart.
            ``(3) Contents.--The evaluation under paragraph (2) shall 
        measure--
                    ``(A) the effectiveness of the program in improving 
                student academic achievement;
                    ``(B) the satisfaction of the participating 
                teachers, principals, or other school leaders; and
                    ``(C) the extent to which the program assisted the 
                eligible entities in recruiting and retaining high-
                quality teachers, principals, or other school leaders, 
                especially in high-need subject areas.

[[Page 129 STAT. 1936]]

     ``Subpart 2--Literacy Education for All, Results for the Nation

``SEC. 2221. <<NOTE: 20 USC 6641.>> PURPOSES; DEFINITIONS.

    ``(a) Purposes.--The purposes of this subpart are--
            ``(1) to improve student academic achievement in reading and 
        writing by providing Federal support to States to develop, 
        revise, or update comprehensive literacy instruction plans that, 
        when implemented, ensure high-quality instruction and effective 
        strategies in reading and writing from early education through 
        grade 12; and
            ``(2) for States to provide targeted subgrants to early 
        childhood education programs and local educational agencies and 
        their public or private partners to implement evidence-based 
        programs that ensure high-quality comprehensive literacy 
        instruction for students most in need.

    ``(b) Definitions.--In this subpart:
            ``(1) Comprehensive literacy instruction.--The term 
        `comprehensive literacy instruction' means instruction that--
                    ``(A) includes developmentally appropriate, 
                contextually explicit, and systematic instruction, and 
                frequent practice, in reading and writing across content 
                areas;
                    ``(B) includes age-appropriate, explicit, 
                systematic, and intentional instruction in phonological 
                awareness, phonic decoding, vocabulary, language 
                structure, reading fluency, and reading comprehension;
                    ``(C) includes age-appropriate, explicit instruction 
                in writing, including opportunities for children to 
                write with 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

[[Page 129 STAT. 1937]]

                    ``(L) links literacy instruction to the challenging 
                State academic standards, including the ability to 
                navigate, understand, and write about, complex print and 
                digital subject matter.
            ``(2) Eligible entity.--The term `eligible entity' means an 
        entity that consists of--
                    ``(A) one or more local educational agencies that 
                serve a high percentage of high-need schools and--
                          ``(i) have the highest number or proportion of 
                      children who are counted under section 1124(c), in 
                      comparison to other local educational agencies in 
                      the State;
                          ``(ii) are among the local educational 
                      agencies in the State with the highest number or 
                      percentages of children reading or writing below 
                      grade level, based on the most currently available 
                      State academic assessment data under section 
                      1111(b)(2); or
                          ``(iii) serve a significant number or 
                      percentage of schools that are implementing 
                      comprehensive support and improvement activities 
                      and targeted support and improvement activities 
                      under section 1111(d);
                    ``(B) one or more early childhood education programs 
                serving low-income or otherwise disadvantaged children, 
                which may include home-based literacy programs for 
                preschool-aged children, that have a demonstrated record 
                of providing comprehensive literacy instruction for the 
                age group such program proposes to serve; or
                    ``(C) a local educational agency, described in 
                subparagraph (A), or consortium of such local 
                educational agencies, or an early childhood education 
                program, which may include home-based literacy programs 
                for preschool-aged children, acting in partnership with 
                1 or more public or private nonprofit organizations or 
                agencies (which may include early childhood education 
                programs) that have a demonstrated record of 
                effectiveness in--
                          ``(i) improving literacy achievement of 
                      children, consistent with the purposes of 
                      participation under this subpart, from birth 
                      through grade 12; and
                          ``(ii) providing professional development in 
                      comprehensive literacy instruction.
            ``(3) High-need school.--
                    ``(A) In general.--The term `high-need school' 
                means--
                          ``(i) an elementary school or middle school in 
                      which not less than 50 percent of the enrolled 
                      students are children from low-income families; or
                          ``(ii) a high school in which not less than 40 
                      percent of the enrolled students are children from 
                      low-income families, which may be calculated using 
                      comparable data from the schools that feed into 
                      the high school.
                    ``(B) Low-income family.--For purposes of 
                subparagraph (A), the term `low-income family' means a 
                family--
                          ``(i) in which the children are eligible for a 
                      free or reduced-price lunch under the Richard B. 
                      Russell National School Lunch Act (42 U.S.C. 1751 
                      et seq.);
                          ``(ii) receiving assistance under the program 
                      of block grants to States for temporary assistance 
                      for needy families established under part A of 
                      title IV

[[Page 129 STAT. 1938]]

                      of the Social Security Act (42 U.S.C. 601 et 
                      seq.); or
                          ``(iii) in which the children are eligible to 
                      receive medical assistance under the Medicaid 
                      program under title XIX of the Social Security Act 
                      (42 U.S.C. 1396 et seq.).
``SEC. 2222. <<NOTE: 20 USC 6642.>> COMPREHENSIVE LITERACY STATE 
                          DEVELOPMENT GRANTS.

    ``(a) Grants Authorized.--From the amounts reserved by the Secretary 
under section 2201(2) and not reserved under subsection (b), the 
Secretary shall award grants, on a competitive basis, to State 
educational agencies to enable the State educational agencies to--
            ``(1) provide subgrants to eligible entities serving a 
        diversity of geographic areas, giving priority to entities 
        serving greater numbers or percentages of children from low-
        income families; and
            ``(2) develop or enhance comprehensive literacy instruction 
        plans that ensure high-quality instruction and effective 
        strategies in reading and writing for children from early 
        childhood education through grade 12, including English learners 
        and children with disabilities.

    ``(b) Reservation.--From the amounts reserved to carry out this 
subpart for a fiscal year, the Secretary shall reserve--
            ``(1) not more than a total of 5 percent for national 
        activities, including a national evaluation, technical 
        assistance and training, data collection, and reporting;
            ``(2) one half of 1 percent for the Secretary of the 
        Interior to carry out a program described in this subpart at 
        schools operated or funded by the Bureau of Indian Education; 
        and
            ``(3) one half of 1 percent for the outlying areas to carry 
        out a program under this subpart.

    ``(c) Duration of Grants.--A grant awarded under this subpart shall 
be for a period of not more than 5 years total. Such grant may be 
renewed for an additional 2-year period upon the termination of the 
initial period of the grant if the grant recipient demonstrates to the 
satisfaction of the Secretary that--
            ``(1) the State has made adequate progress; and
            ``(2) renewing the grant for an additional 2-year period is 
        necessary to carry out the objectives of the grant described in 
        subsection (d).

    ``(d) State Applications.--
            ``(1) In general.--A State educational agency desiring a 
        grant under this subpart shall submit an application to the 
        Secretary, at such time and in such manner as the Secretary may 
        require. The State educational agency shall collaborate with the 
        State agency responsible for administering early childhood 
        education programs and the State agency responsible for 
        administering child care programs in the State in writing and 
        implementing the early childhood education portion of the grant 
        application under this subsection.
            ``(2) Contents.--An application described in paragraph (1) 
        shall include, at a minimum, the following:
                    ``(A) A needs assessment that analyzes literacy 
                needs across the State and in high-need schools and 
                local educational agencies that serve high-need schools, 
                including

[[Page 129 STAT. 1939]]

                identifying the most significant gaps in literacy 
                proficiency and inequities in student access to 
                effective teachers of literacy, considering each of the 
                subgroups of students, as defined in section 1111(c)(2).
                    ``(B) A description of how the State educational 
                agency, in collaboration with the State literacy team, 
                if applicable, will develop a State comprehensive 
                literacy instruction plan or will revise and update an 
                already existing State comprehensive literacy 
                instruction plan.
                    ``(C) An implementation plan that includes a 
                description of how the State educational agency will 
                carry out the State activities described in subsection 
                (f).
                    ``(D) An assurance that the State educational agency 
                will use implementation grant funds described in 
                subsection (f)(1) for comprehensive literacy instruction 
                programs as follows:
                          ``(i) Not less than 15 percent of such grant 
                      funds shall be used for State and local programs 
                      and activities pertaining to children from birth 
                      through kindergarten entry.
                          ``(ii) Not less than 40 percent of such grant 
                      funds shall be used for State and local programs 
                      and activities, allocated equitably among the 
                      grades of kindergarten through grade 5.
                          ``(iii) Not less than 40 percent of such grant 
                      funds shall be used for State and local programs 
                      and activities, allocated equitably among grades 6 
                      through 12.
                    ``(E) An assurance that the State educational agency 
                will give priority in awarding a subgrant under section 
                2223 to an eligible entity that--
                          ``(i) serves children from birth through age 5 
                      who are from families with income levels at or 
                      below 200 percent of the Federal poverty line; or
                          ``(ii) is a local educational agency serving a 
                      high number or percentage of high-need schools.

    ``(e) Priority.--In awarding grants under this section, the 
Secretary shall give priority to State educational agencies that will 
use the grant funds for evidence-based activities, defined for the 
purpose of this subsection as activities meeting the requirements of 
section 8101(21)(A)(i).
    ``(f) State Activities.--
            ``(1) In general.--A State educational agency receiving a 
        grant under this section shall use not less than 95 percent of 
        such grant funds to award subgrants to eligible entities, based 
        on their needs assessment and a competitive application process.
            ``(2) Reservation.--A State educational agency receiving a 
        grant under this section may reserve not more than 5 percent for 
        activities identified through the needs assessment and 
        comprehensive literacy plan described in subparagraphs (A) and 
        (B) of subsection (d)(2), including the following activities:
                    ``(A) Providing technical assistance, or engaging 
                qualified providers to provide technical assistance, to 
                eligible entities to enable the eligible entities to 
                design and implement literacy programs.
                    ``(B) Coordinating with institutions of higher 
                education in the State to provide recommendations to 
                strengthen

[[Page 129 STAT. 1940]]

                and enhance pre-service courses for students preparing 
                to teach children from birth through grade 12 in 
                explicit, systematic, and intensive instruction in 
                evidence-based literacy methods.
                    ``(C) Reviewing and updating, in collaboration with 
                teachers and institutions of higher education, State 
                licensure or certification standards in the area of 
                literacy instruction in early education through grade 
                12.
                    ``(D) Making publicly available, including on the 
                State educational agency's website, information on 
                promising instructional practices to improve child 
                literacy achievement.
                    ``(E) Administering and monitoring the 
                implementation of subgrants by eligible entities.
            ``(3) Additional uses.--After carrying out the activities 
        described in paragraphs (1) and (2), a State educational agency 
        may use any remaining amount to carry out 1 or more of the 
        following activities:
                    ``(A) Developing literacy coach training programs 
                and training literacy coaches.
                    ``(B) Administration and evaluation of activities 
                carried out under this subpart.
``SEC. 2223. <<NOTE: 20 USC 6643.>> SUBGRANTS TO ELIGIBLE ENTITIES 
                          IN SUPPORT OF BIRTH THROUGH KINDERGARTEN 
                          ENTRY LITERACY.

    ``(a) Subgrants.--
            ``(1) In general.--A State educational agency receiving a 
        grant under this subpart shall, in consultation with the State 
        agencies responsible for administering early childhood education 
        programs and services, including the State agency responsible 
        for administering child care programs, and, if applicable, the 
        State Advisory Council on Early Childhood Education and Care 
        designated or established pursuant to section 642B(b)(1)(A)(i) 
        of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)), use a 
        portion of the grant funds, in accordance with section 
        2222(d)(2)(D)(i), to award subgrants, on a competitive basis, to 
        eligible entities to enable the eligible entities to support 
        high-quality early literacy initiatives for children from birth 
        through kindergarten entry.
            ``(2) Duration.--The term of a subgrant under this section 
        shall be determined by the State educational agency awarding the 
        subgrant and shall in no case exceed 5 years.
            ``(3) Sufficient size and scope.--Each subgrant awarded 
        under this section shall be of sufficient size and scope to 
        allow the eligible entity to carry out high-quality early 
        literacy initiatives for children from birth through 
        kindergarten entry.

    ``(b) Local Applications.--An eligible entity desiring to receive a 
subgrant under this section shall submit an application to the State 
educational agency, at such time, in such manner, and containing such 
information as the State educational agency may require. Such 
application shall include a description of--
            ``(1) how the subgrant funds will be used to enhance the 
        language and literacy development and school readiness of 
        children, from birth through kindergarten entry, in early 
        childhood education programs, which shall include an analysis of 
        data that support the proposed use of subgrant funds;

[[Page 129 STAT. 1941]]

            ``(2) how the subgrant funds will be used to prepare and 
        provide ongoing assistance to staff in the programs, including 
        through high-quality professional development;
            ``(3) how the activities assisted under the subgrant will be 
        coordinated with comprehensive literacy instruction at the 
        kindergarten through grade 12 levels; and
            ``(4) how the subgrant funds will be used to evaluate the 
        success of the activities assisted under the subgrant in 
        enhancing the early language and literacy development of 
        children from birth through kindergarten entry.

    ``(c) Priority.--In awarding grants under this section, the State 
educational agency shall give priority to an eligible entity that will 
use the grant funds to implement evidence-based activities, defined for 
the purpose of this subsection as activities meeting the requirements of 
section 8101(21)(A)(i).
    ``(d) Local Uses of Funds.--An eligible entity that receives a 
subgrant under this section shall use the subgrant funds, consistent 
with the entity's approved application under subsection (b), to--
            ``(1) carry out high-quality professional development 
        opportunities for early childhood educators, teachers, 
        principals, other school leaders, paraprofessionals, specialized 
        instructional support personnel, and instructional leaders;
            ``(2) train providers and personnel to develop and 
        administer evidence-based early childhood education literacy 
        initiatives; and
            ``(3) coordinate the involvement of families, early 
        childhood education program staff, principals, other school 
        leaders, specialized instructional support personnel (as 
        appropriate), and teachers in literacy development of children 
        served under the subgrant.
``SEC. 2224. <<NOTE: 20 USC 6644.>> SUBGRANTS TO ELIGIBLE ENTITIES 
                          IN SUPPORT OF KINDERGARTEN THROUGH GRADE 
                          12 LITERACY.

    ``(a) Subgrants to Eligible Entities.--
            ``(1) Subgrants.--A State educational agency receiving a 
        grant under this subpart shall use a portion of the grant funds, 
        in accordance with clauses (ii) and (iii) of section 
        2222(d)(2)(D), to award subgrants, on a competitive basis, to 
        eligible entities to enable the eligible entities to carry out 
        the authorized activities described in subsections (c) and (d).
            ``(2) Duration.--The term of a subgrant under this section 
        shall be determined by the State educational agency awarding the 
        subgrant and shall in no case exceed 5 years.
            ``(3) Sufficient size and scope.--A State educational agency 
        shall award subgrants under this section of sufficient size and 
        scope to allow the eligible entities to carry out 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:

[[Page 129 STAT. 1942]]

                    ``(A) A description of the eligible entity's needs 
                assessment conducted to identify how subgrant funds will 
                be used to inform and improve comprehensive literacy 
                instruction at the school.
                    ``(B) How the school, the local educational agency, 
                or a provider of high-quality professional development 
                will provide ongoing high-quality professional 
                development to all teachers, principals, other school 
                leaders, specialized instructional support personnel (as 
                appropriate), and other instructional leaders served by 
                the school.
                    ``(C) How the school will identify children in need 
                of literacy interventions or other support services.
                    ``(D) An explanation of how the school will 
                integrate comprehensive literacy instruction into a 
                well-rounded education.
                    ``(E) A description of how the school will 
                coordinate comprehensive literacy instruction with early 
                childhood education programs and activities and after-
                school programs and activities in the area served by the 
                local educational agency.

    ``(b) Priority.--In awarding grants under this section, the State 
educational agency shall give priority to an eligible entity that will 
use funds under subsection (c) or (d) to implement evidence-based 
activities, defined for the purpose of this subsection as activities 
meeting the requirements of section 8101(21)(A)(i).
    ``(c) Local Uses of Funds for Kindergarten Through Grade 5.--An 
eligible entity that receives a subgrant under this section shall use 
the subgrant funds to carry out the following activities pertaining to 
children in kindergarten through grade 5:
            ``(1) Developing and implementing a comprehensive literacy 
        instruction plan across content areas for such children that--
                    ``(A) serves the needs of all children, including 
                children with disabilities and English learners, 
                especially children who are reading or writing below 
                grade level;
                    ``(B) provides intensive, supplemental, accelerated, 
                and explicit intervention and support in reading and 
                writing for children whose literacy skills are below 
                grade level; and
                    ``(C) supports activities that are provided 
                primarily during the regular school day but that may be 
                augmented by after-school and out-of-school time 
                instruction.
            ``(2) Providing high-quality professional development 
        opportunities for teachers, literacy coaches, literacy 
        specialists, English as a second language specialists (as 
        appropriate), principals, other school leaders, specialized 
        instructional support personnel, school librarians, 
        paraprofessionals, and other program staff.
            ``(3) Training principals, specialized instructional support 
        personnel, and other local educational agency personnel to 
        support, develop, administer, and evaluate high-quality 
        kindergarten through grade 5 literacy initiatives.
            ``(4) Coordinating the involvement of early childhood 
        education program staff, principals, other instructional 
        leaders, teachers, teacher literacy teams, English as a second 
        language specialists (as appropriate), special educators, school 
        personnel, and specialized instructional support personnel (as 
        appropriate)

[[Page 129 STAT. 1943]]

        in the literacy development of children served under this 
        subsection.
            ``(5) Engaging families and encouraging family literacy 
        experiences and practices to support literacy development.

    ``(d) Local Uses of Funds for Grades 6 Through 12.--An eligible 
entity that receives a subgrant under this section shall use subgrant 
funds to carry out the following activities pertaining to children in 
grades 6 through 12:
            ``(1) Developing and implementing a comprehensive literacy 
        instruction plan described in subsection (c)(1) for children in 
        grades 6 through 12.
            ``(2) Training principals, specialized instructional support 
        personnel, school librarians, and other local educational agency 
        personnel to support, develop, administer, and evaluate high-
        quality comprehensive literacy instruction initiatives for 
        grades 6 through 12.
            ``(3) Assessing the quality of adolescent comprehensive 
        literacy instruction as part of a well-rounded education.
            ``(4) Providing time for teachers to meet to plan evidence-
        based adolescent comprehensive literacy instruction to be 
        delivered as part of a well-rounded education.
            ``(5) Coordinating the involvement of principals, other 
        instructional leaders, teachers, teacher literacy teams, English 
        as a second language specialists (as appropriate), 
        paraprofessionals, special educators, specialized instructional 
        support personnel (as appropriate), and school personnel in the 
        literacy development of children served under this subsection.

    ``(e) Allowable Uses.--An eligible entity that receives a subgrant 
under this section may, in addition to carrying out the activities 
described in subsections (c) and (d), use subgrant funds to carry out 
the following activities pertaining to children in kindergarten through 
grade 12:
            ``(1) Recruiting, placing, training, and compensating 
        literacy coaches.
            ``(2) Connecting out-of-school learning opportunities to in-
        school learning in order to improve children's literacy 
        achievement.
            ``(3) Training families and caregivers to support the 
        improvement of adolescent literacy.
            ``(4) Providing for a multi-tier system of supports for 
        literacy services.
            ``(5) Forming a school literacy leadership team to help 
        implement, assess, and identify necessary changes to the 
        literacy initiatives in 1 or more schools to ensure success.
            ``(6) Providing time for teachers (and other literacy staff, 
        as appropriate, such as school librarians or specialized 
        instructional support personnel) to meet to plan comprehensive 
        literacy instruction.
``SEC. 2225. <<NOTE: 20 USC 6645.>> NATIONAL EVALUATION AND 
                          INFORMATION DISSEMINATION.

    ``(a) National Evaluation.--From funds reserved under section 
2222(b)(1), the Director of the Institute of Education Sciences shall 
conduct a national evaluation of the grant and subgrant programs 
assisted under this subpart. Such evaluation shall include high-quality 
research that applies rigorous and systematic procedures to obtain valid 
knowledge relevant to the implementation

[[Page 129 STAT. 1944]]

and effect of the programs and shall directly coordinate with individual 
State evaluations of the programs' implementation and impact.
    ``(b) Program Improvement.--The Secretary shall--
            ``(1) provide the findings of the evaluation conducted under 
        this section to State educational agencies and subgrant 
        recipients for use in program improvement;
            ``(2) make such findings publicly available, including on 
        the websites of the Department and the Institute of Education 
        Sciences;
            ``(3) submit such findings to the Committee on Health, 
        Education, Labor, and Pensions of the Senate and the Committee 
        on Education and the Workforce of the House of Representatives; 
        and
            ``(4) make publicly available, in a manner consistent with 
        paragraph (2), best practices for implementing evidence-based 
        activities under this subpart, including evidence-based 
        activities, defined for the purpose of this paragraph as 
        activities meeting the requirements of section 8101(21)(A)(i).
``SEC. 2226. <<NOTE: 20 USC 6646.>> INNOVATIVE APPROACHES TO 
                          LITERACY.

    ``(a) In General.--From amounts reserved under section 2201(2), the 
Secretary may award grants, contracts, or cooperative agreements, on a 
competitive basis, to eligible entities for the purposes of promoting 
literacy programs that support the development of literacy skills in 
low-income communities, including--
            ``(1) developing and enhancing effective school library 
        programs, which may include providing professional development 
        for school librarians, books, and up-to-date materials to high-
        need schools;
            ``(2) early literacy services, including pediatric literacy 
        programs through which, during well-child visits, medical 
        providers trained in research-based methods of early language 
        and literacy promotion provide developmentally appropriate books 
        and recommendations to parents to encourage them to read aloud 
        to their children starting in infancy; and
            ``(3) programs that provide high-quality books on a regular 
        basis to children and adolescents from low-income communities to 
        increase reading motivation, performance, and frequency.

    ``(b) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a local educational agency in which 20 percent 
                or more of the students served by the local educational 
                agency are from families with an income below the 
                poverty line;
                    ``(B) a consortium of such local educational 
                agencies;
                    ``(C) the Bureau of Indian Education; or
                    ``(D) an eligible national nonprofit organization.
            ``(2) Eligible national nonprofit organization.--The term 
        `eligible national nonprofit organization' means an organization 
        of national scope that--
                    ``(A) is supported by staff, which may include 
                volunteers, or affiliates at the State and local levels; 
                and
                    ``(B) demonstrates effectiveness or high-quality 
                plans for addressing childhood literacy activities for 
                the population targeted by the grant.

[[Page 129 STAT. 1945]]

           ``Subpart 3--American History and Civics Education

``SEC. 2231. <<NOTE: 20 USC 6661.>> PROGRAM AUTHORIZED.

    ``(a) In General.--From the amount reserved by the Secretary under 
section 2201(3), the Secretary is authorized to carry out an American 
history and civics education program to improve--
            ``(1) the quality of American history, civics, and 
        government education by educating students about the history and 
        principles of the Constitution of the United States, including 
        the Bill of Rights; and
            ``(2) the quality of the teaching of American history, 
        civics, and government in elementary schools and secondary 
        schools, including the teaching of traditional American history.

    ``(b) Funding Allotment.--Of the amount available under subsection 
(a) for a fiscal year, the Secretary--
            ``(1) shall reserve not less than 26 percent for activities 
        under section 2232; and
            ``(2) may reserve not more than 74 percent for activities 
        under section 2233.
``SEC. 2232. <<NOTE: 20 USC 6662.>> PRESIDENTIAL AND CONGRESSIONAL 
                          ACADEMIES FOR AMERICAN HISTORY AND 
                          CIVICS.

    ``(a) In General.--From the amounts reserved under section 
2231(b)(1) for a fiscal year, the Secretary shall award not more than 12 
grants, on a competitive basis, to--
            ``(1) eligible entities to establish Presidential Academies 
        for the Teaching of American History and Civics (in this section 
        referred to as the `Presidential Academies') in accordance with 
        subsection (e); and
            ``(2) eligible entities to establish Congressional Academies 
        for Students of American History and Civics (in this section 
        referred to as the `Congressional Academies') in accordance with 
        subsection (f).

    ``(b) Application.--An eligible entity that desires to receive a 
grant under subsection (a) shall submit an application to the Secretary 
at such time and in such manner as the Secretary may reasonably require.
    ``(c) Eligible Entity.--The term `eligible entity' under this 
section means--
            ``(1) an institution of higher education or nonprofit 
        educational organization, museum, library, or research center 
        with demonstrated expertise in historical methodology or the 
        teaching of American history and civics; or
            ``(2) a consortium of entities described in paragraph (1).

    ``(d) Grant Terms.--Grants awarded to eligible entities under 
subsection (a) shall be for a term of not more than 5 years.
    ``(e) Presidential Academies.--
            ``(1) Use of funds.--Each eligible entity that receives a 
        grant under subsection (a)(1) shall use the grant funds to 
        establish a Presidential Academy that offers a seminar or 
        institute for teachers of American history and civics, which--
                    ``(A) provides intensive professional development 
                opportunities for teachers of American history and 
                civics to strengthen such teachers' knowledge of the 
                subjects of American history and civics;

[[Page 129 STAT. 1946]]

                    ``(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 subsection (a)(1), 
        the Secretary shall give priority to eligible entities that 
        coordinate or align their activities with the National Park 
        Service National Centennial Parks initiative to develop 
        innovative and comprehensive programs using the resources of the 
        National Parks.

    ``(f) Congressional Academies.--
            ``(1) Use of funds.--Each eligible entity that receives a 
        grant under subsection (a)(2) shall use the grant funds to 
        establish a Congressional Academy that offers a seminar or 
        institute for outstanding students of American history and 
        civics, which--
                    ``(A) broadens and deepens such students' 
                understanding of American history and civics;
                    ``(B) is led by a team of primary scholars and core 
                teachers who are accomplished in the field of American 
                history and civics;
                    ``(C) is conducted during the summer or other 
                appropriate time; and
                    ``(D) is of not less than 2 weeks and not more than 
                6 weeks in duration.
            ``(2) Selection of students.--
                    ``(A) In general.--Each year, each Congressional 
                Academy shall select between 100 and 300 eligible 
                students to attend the seminar or institute under 
                paragraph (1).
                    ``(B) Eligible students.--A student shall be 
                eligible to attend a seminar or institute offered by a 
                Congressional Academy under this subsection if the 
                student--
                          ``(i) is recommended by the student's 
                      secondary school principal or other school leader 
                      to attend the seminar or institute; and
                          ``(ii) will be a secondary school junior or 
                      senior in the academic year following attendance 
                      at the seminar or institute.
            ``(3) Student stipends.--Each student selected to 
        participate in a seminar or institute under this subsection 
        shall be awarded a fixed stipend based on the length of the 
        seminar or institute to ensure that such student does not incur 
        personal

[[Page 129 STAT. 1947]]

        costs associated with the student's participation in the seminar 
        or institute.

    ``(g) Matching Funds.--
            ``(1) In general.--An eligible entity that receives funds 
        under subsection (a) shall provide, toward the cost of the 
        activities assisted under the grant, from non-Federal sources, 
        an amount equal to 100 percent of the amount of the grant.
            ``(2) Waiver.--The Secretary may waive all or part of the 
        matching requirement described in paragraph (1) for any fiscal 
        year for an eligible entity if the Secretary determines that 
        applying the matching requirement would result in serious 
        hardship or an inability to carry out the activities described 
        in subsection (e) or (f).
``SEC. 2233. <<NOTE: 20 USC 6663.>> NATIONAL ACTIVITIES.

    ``(a) Purpose.--The purpose of this section is to promote new and 
existing evidence-based strategies to encourage innovative American 
history, civics and government, and geography instruction, learning 
strategies, and professional development activities and programs for 
teachers, principals, or other school leaders, particularly such 
instruction, strategies, activities, and programs that benefit low-
income students and underserved populations.
    ``(b) In General.--From the amounts reserved by the Secretary under 
section 2231(b)(2), the Secretary shall award grants, on a competitive 
basis, to eligible entities for the purposes of expanding, developing, 
implementing, evaluating, and disseminating for voluntary use, 
innovative, evidence-based approaches or professional development 
programs in American history, civics and government, and geography, 
which--
            ``(1) shall--
                    ``(A) show potential to improve the quality of 
                student achievement in, and teaching of, American 
                history, civics and government, or geography, in 
                elementary schools and secondary schools; and
                    ``(B) demonstrate innovation, scalability, 
                accountability, and a focus on underserved populations; 
                and
            ``(2) may include--
                    ``(A) hands-on civic engagement activities for 
                teachers and students; and
                    ``(B) programs that educate students about the 
                history and principles of the Constitution of the United 
                States, including the Bill of Rights.

    ``(c) Program Periods and Diversity of Projects.--
            ``(1) In general.--A grant awarded by the Secretary to an 
        eligible entity under this section shall be for a period of not 
        more than 3 years.
            ``(2) Renewal.--The Secretary may renew a grant awarded 
        under this section for 1 additional 2-year period.
            ``(3) Diversity of projects.--In awarding grants under this 
        section, the Secretary shall ensure that, to the extent 
        practicable, grants are distributed among eligible entities that 
        will serve geographically diverse areas, including urban, 
        suburban, and rural areas.

    ``(d) Applications.--In order to receive a grant under this section, 
an eligible entity shall submit an application to the Secretary at such 
time and in such manner as the Secretary may reasonably require.

[[Page 129 STAT. 1948]]

    ``(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 with the potential to improve the quality of 
American history, civics and government, or geography learning and 
teaching.

             ``Subpart 4--Programs of National Significance

``SEC. 2241. <<NOTE: 20 USC 6671.>> FUNDING ALLOTMENT.

    ``From the funds reserved under section 2201(4), the Secretary--
            ``(1) shall use not less than 74 percent to carry out 
        activities under section 2242;
            ``(2) shall use not less than 22 percent to carry out 
        activities under section 2243;
            ``(3) shall use not less than 2 percent to carry out 
        activities under section 2244; and
            ``(4) may reserve not more than 2 percent to carry out 
        activities under section 2245.
``SEC. 2242. <<NOTE: 20 USC 6672.>> SUPPORTING EFFECTIVE EDUCATOR 
                          DEVELOPMENT.

    ``(a) In General.--From the funds reserved by the Secretary under 
section 2241(1) for a fiscal year, the Secretary shall award grants, on 
a competitive basis, to eligible entities for the purposes of--
            ``(1) providing teachers, principals, or other school 
        leaders from nontraditional preparation and certification routes 
        or pathways to serve in traditionally underserved local 
        educational agencies;
            ``(2) providing evidence-based professional development 
        activities that address literacy, numeracy, remedial, or other 
        needs of local educational agencies and the students the 
        agencies serve;
            ``(3) providing teachers, principals, or other school 
        leaders with professional development activities that enhance or 
        enable the provision of postsecondary coursework through dual or 
        concurrent enrollment programs and early college high school 
        settings across a local educational agency;
            ``(4) making freely available services and learning 
        opportunities to local educational agencies, through 
        partnerships and cooperative agreements or by making the 
        services or opportunities publicly accessible through electronic 
        means; or
            ``(5) providing teachers, principals, or other school 
        leaders with evidence-based professional enhancement activities, 
        which may include activities that lead to an advanced 
        credential.

    ``(b) Program Periods and Diversity of Projects.--
            ``(1) In general.--A grant awarded by the Secretary to an 
        eligible entity under this section shall be for a period of not 
        more than 3 years.
            ``(2) Renewal.--The Secretary may renew a grant awarded 
        under this section for 1 additional 2-year period.
            ``(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.

[[Page 129 STAT. 1949]]

            ``(4) Limitation.--The Secretary shall not award more than 1 
        grant under this section to an eligible entity during a grant 
        competition.

    ``(c) Cost-sharing.--
            ``(1) In general.--An eligible entity that receives a grant 
        under this section shall provide, from non-Federal sources, not 
        less than 25 percent of the funds for the total cost for each 
        year of activities carried out under this section.
            ``(2) Acceptable contributions.--An eligible entity that 
        receives a grant under this section may meet the requirement of 
        paragraph (1) by providing contributions in cash or in kind, 
        fairly evaluated, including plant, equipment, and services.
            ``(3) Waivers.--The Secretary may waive or modify the 
        requirement of paragraph (1) in cases of demonstrated financial 
        hardship.

    ``(d) Applications.--In order to receive a grant under this section, 
an eligible entity shall submit an application to the Secretary at such 
time and in such manner as the Secretary may reasonably require. Such 
application shall include, at a minimum, a certification that the 
services provided by an eligible entity under the grant to a local 
educational agency or to a school served by the local educational agency 
will not result in direct fees for participating students or parents.
    ``(e) Priority.--In awarding grants under this section, the 
Secretary shall give priority to an eligible entity that will implement 
evidence-based activities, defined for the purpose of this subsection as 
activities meeting the requirements of section 8101(21)(A)(i).
    ``(f) Definition of Eligible Entity.--In this section, the term 
`eligible entity' means--
            ``(1) an institution of higher education that provides 
        course materials or resources that are evidence-based in 
        increasing academic achievement, graduation rates, or rates of 
        postsecondary education matriculation;
            ``(2) a national nonprofit entity with a demonstrated record 
        of raising student academic achievement, graduation rates, and 
        rates of higher education attendance, matriculation, or 
        completion, or of effectiveness in providing preparation and 
        professional development activities and programs for teachers, 
        principals, or other school leaders;
            ``(3) the Bureau of Indian Education; or
            ``(4) a partnership consisting of--
                    ``(A) 1 or more entities described in paragraph (1) 
                or (2); and
                    ``(B) a for-profit entity.
``SEC. 2243. <<NOTE: 20 USC 6673.>> SCHOOL LEADER RECRUITMENT AND 
                          SUPPORT.

    ``(a) In General.--From the funds reserved under section 2241(2) for 
a fiscal year, the Secretary shall award grants, on a competitive basis, 
to eligible entities to enable such entities to improve the recruitment, 
preparation, placement, support, and retention of effective principals 
or other school leaders in high-need schools, which may include--
            ``(1) developing or implementing leadership training 
        programs designed to prepare and support principals or other 
        school leaders in high-need schools, including through new or 
        alternative pathways or school leader residency programs;

[[Page 129 STAT. 1950]]

            ``(2) developing or implementing programs or activities for 
        recruiting, selecting, and developing aspiring or current 
        principals or other school leaders to serve in high-need 
        schools;
            ``(3) developing or implementing programs for recruiting, 
        developing, and placing school leaders to improve schools 
        implementing comprehensive support and improvement activities 
        and targeted support and improvement activities under section 
        1111(d), including through cohort-based activities that build 
        effective instructional and school leadership teams and develop 
        a school culture, design, instructional program, and 
        professional development program focused on improving student 
        learning;
            ``(4) providing continuous professional development for 
        principals or other school leaders in high-need schools;
            ``(5) developing and disseminating information on best 
        practices and strategies for effective school leadership in 
        high-need schools, such as training and supporting principals to 
        identify, develop, and maintain school leadership teams using 
        various leadership models; and
            ``(6) other evidence-based programs or activities described 
        in section 2101(c)(4) or section 2103(b)(3) focused on 
        principals or other school leaders in high-need schools.

    ``(b) Program Periods and Diversity of Projects.--
            ``(1) In general.--A grant awarded by the Secretary to an 
        eligible entity under this section shall be for a period of not 
        more than 5 years.
            ``(2) Renewal.--The Secretary may renew a grant awarded 
        under this section for 1 additional 2-year period.
            ``(3) Diversity of projects.--In awarding grants under this 
        section, the Secretary shall ensure that, to the extent 
        practicable, grants are distributed among eligible entities that 
        will serve geographically diverse areas, including urban, 
        suburban, and rural areas.
            ``(4) Limitation.--The Secretary shall not award more than 1 
        grant under this section to an eligible entity during a grant 
        competition.

    ``(c) Cost-sharing.--
            ``(1) In general.--An eligible entity that receives a grant 
        under this section shall provide, from non-Federal sources, not 
        less than 25 percent of the funds for the total cost for each 
        year of activities carried out under this section.
            ``(2) Acceptable contributions.--An eligible entity that 
        receives a grant under this section may meet the requirement of 
        paragraph (1) by providing contributions in cash or in kind, 
        fairly evaluated, including plant, equipment, and services.
            ``(3) Waivers.--The Secretary may waive or modify the 
        requirement of paragraph (1) in cases of demonstrated financial 
        hardship.

    ``(d) Applications.--An eligible entity that desires a grant under 
this section shall submit to the Secretary an application at such time, 
and in such manner, as the Secretary may require.
    ``(e) Priority.--In awarding grants under this section, the 
Secretary shall give priority to an eligible entity--
            ``(1) with a record of preparing or developing principals 
        who--
                    ``(A) have improved school-level student outcomes;
                    ``(B) have become principals in high-need schools; 
                and

[[Page 129 STAT. 1951]]

                    ``(C) remain principals in high-need schools for 
                multiple years; and
            ``(2) who will implement evidence-based activities, defined 
        for the purpose of this paragraph as activities meeting the 
        requirements of section 8101(21)(A)(i).

    ``(f) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a local educational agency, including an 
                educational service agency, that serves a high-need 
                school or a consortium of such agencies;
                    ``(B) a State educational agency or a consortium of 
                such agencies;
                    ``(C) a State educational agency in partnership with 
                1 or more local educational agencies, or educational 
                service agencies, that serve a high-need school;
                    ``(D) the Bureau of Indian Education; or
                    ``(E) an entity described in subparagraph (A), (B), 
                (C), or (D) in partnership with 1 or more nonprofit 
                organizations or institutions of higher education.
            ``(2) High-need school.--The term `high-need school' means--
                    ``(A) an elementary school in which not less than 50 
                percent of the enrolled students are from families with 
                incomes below the poverty line; or
                    ``(B) a secondary school in which not less than 40 
                percent of the enrolled students are from families with 
                incomes below the poverty line.
``SEC. 2244. <<NOTE: 20 USC 6674.>> TECHNICAL ASSISTANCE AND 
                          NATIONAL EVALUATION.

    ``(a) In General.--From the funds reserved under section 2241(3) for 
a fiscal year, the Secretary--
            ``(1) shall establish, in a manner consistent with section 
        203 of the Educational Technical Assistance Act of 2002 (20 
        U.S.C. 9602), a comprehensive center on students at risk of not 
        attaining full literacy skills due to a disability that meets 
        the purposes of subsection (b); and
            ``(2) may--
                    ``(A) provide technical assistance, which may be 
                carried out directly or through grants or contracts, to 
                States and local educational agencies carrying out 
                activities under this part; and
                    ``(B) carry out evaluations of activities by States 
                and local educational agencies under this part, which 
                shall be conducted by a third party or by the Institute 
                of Education Sciences.

    ``(b) Purposes.--The comprehensive center established by the 
Secretary under subsection (a)(1) shall--
            ``(1) identify or develop free or low-cost evidence-based 
        assessment tools for identifying students at risk of not 
        attaining full literacy skills due to a disability, including 
        dyslexia impacting reading or writing, or developmental delay 
        impacting reading, writing, language processing, comprehension, 
        or executive functioning;
            ``(2) identify evidence-based literacy instruction, 
        strategies, and accommodations, including assistive technology, 
        designed to meet the specific needs of such students;

[[Page 129 STAT. 1952]]

            ``(3) provide families of such students with information to 
        assist such students;
            ``(4) identify or develop evidence-based professional 
        development for teachers, paraprofessionals, principals, other 
        school leaders, and specialized instructional support personnel 
        to--
                    ``(A) understand early indicators of students at 
                risk of not attaining full literacy skills due to a 
                disability, including dyslexia impacting reading or 
                writing, or developmental delay impacting reading, 
                writing, language processing, comprehension, or 
                executive functioning;
                    ``(B) use evidence-based screening assessments for 
                early identification of such students beginning not 
                later than kindergarten; and
                    ``(C) implement evidence-based instruction designed 
                to meet the specific needs of such students; and
            ``(5) disseminate the products of the comprehensive center 
        to regionally diverse State educational agencies, local 
        educational agencies, regional educational agencies, and 
        schools, including, as appropriate, through partnerships with 
        other comprehensive centers established under section 203 of the 
        Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), 
        and regional educational laboratories established under section 
        174 of the Education Sciences Reform Act of 2002 (20 U.S.C. 
        9564).
``SEC. 2245. <<NOTE: 20 USC 6675.>> STEM MASTER TEACHER CORPS.

    ``(a) In General.--From the funds reserved under section 2241(4) for 
a fiscal year, the Secretary may award grants to--
            ``(1) State educational agencies to enable such agencies to 
        support the development of a State-wide STEM master teacher 
        corps; or
            ``(2) State educational agencies, or nonprofit organizations 
        in partnership with State educational agencies, to support the 
        implementation, replication, or expansion of effective science, 
        technology, engineering, and mathematics professional 
        development programs in schools across the State through 
        collaboration with school administrators, principals, and STEM 
        educators.

    ``(b) STEM Master Teacher Corps.--In this section, the term `STEM 
master teacher corps' means a State-led effort to elevate the status of 
the science, technology, engineering, and mathematics teaching 
profession by recognizing, rewarding, attracting, and retaining 
outstanding science, technology, engineering, and mathematics teachers, 
particularly in high-need and rural schools, by--
            ``(1) selecting candidates to be master teachers in the 
        corps on the basis of--
                    ``(A) content knowledge based on a screening 
                examination; and
                    ``(B) pedagogical knowledge of and success in 
                teaching;
            ``(2) offering such teachers opportunities to--
                    ``(A) work with one another in scholarly 
                communities; and
                    ``(B) participate in and lead high-quality 
                professional development; and
            ``(3) providing such teachers with additional appropriate 
        and substantial compensation for the work described in paragraph 
        (2) and in the master teacher community.

[[Page 129 STAT. 1953]]

                      ``PART C--GENERAL PROVISIONS

``SEC. 2301. <<NOTE: 20 USC 6691.>> SUPPLEMENT, NOT SUPPLANT.

    ``Funds made available under this title shall be used to supplement, 
and not supplant, non-Federal funds that would otherwise be used for 
activities authorized under this title.
``SEC. 2302. <<NOTE: 20 USC 6692.>> RULES OF CONSTRUCTION.

    ``(a) Prohibition Against Federal Mandates, Direction, or Control.--
Nothing in this title shall be construed to authorize the Secretary or 
any other officer or employee of the Federal Government to mandate, 
direct, or control a State, local educational agency, or school's--
            ``(1) instructional content or materials, curriculum, 
        program of instruction, academic standards, or academic 
        assessments;
            ``(2) teacher, principal, or other school leader evaluation 
        system;
            ``(3) specific definition of teacher, principal, or other 
        school leader effectiveness; or
            ``(4) teacher, principal, or other school leader 
        professional standards, certification, or licensing.

    ``(b) School or District Employees.--Nothing in this title shall be 
construed to alter or otherwise affect the rights, remedies, and 
procedures afforded school or school district employees under Federal, 
State, or local laws (including applicable regulations or court orders) 
or under the terms of collective bargaining agreements, memoranda of 
understanding, or other agreements between such employees and their 
employers.''.

   TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT 
                                STUDENTS

SEC. 3001. REDESIGNATION OF CERTAIN PROVISIONS.

    Title III (20 U.S.C. 6801 et seq.) is amended--
            (1) by striking the title heading and inserting ``LANGUAGE 
        INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS'';
            (2) in part A--
                    (A) <<NOTE: 20 USC 6842.>> by striking section 3122;
                    (B) <<NOTE: 20 USC 6843-6849.>> by redesignating 
                sections 3123 through 3129 as sections 3122 through 
                3128, respectively; and
                    (C) <<NOTE: 20 USC 6871.>> by striking subpart 4;
            (3) <<NOTE: 20 USC 6891-6983.>> by striking part B;
            (4) by redesignating part C as part B; and
            (5) in part B, as redesignated by paragraph (4)--
                    (A) <<NOTE: 20 USC 7011.>> by redesignating section 
                3301 as section 3201;
                    (B) <<NOTE: 20 USC 7012.>> by striking section 3302; 
                and
                    (C) <<NOTE: 20 USC 7013, 7014.>> by redesignating 
                sections 3303 and 3304 as sections 3202 and 3203, 
                respectively.
SEC. 3002. AUTHORIZATION OF APPROPRIATIONS.

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

[[Page 129 STAT. 1954]]

``SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title--
            ``(1) $756,332,450 for fiscal year 2017;
            ``(2) $769,568,267 for fiscal year 2018;
            ``(3) $784,959,633 for fiscal year 2019; and
            ``(4) $884,959,633 for fiscal year 2020.''.
SEC. 3003. ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND 
                          ACADEMIC ACHIEVEMENT.

    (a) Purposes.--Section 3102 (20 U.S.C. 6812) is amended to read as 
follows:
``SEC. 3102. PURPOSES.

    ``The purposes of this part are--
            ``(1) to help ensure that English learners, including 
        immigrant children and youth, attain English proficiency and 
        develop high levels of academic achievement in English;
            ``(2) to assist all English learners, including immigrant 
        children and youth, to achieve at high levels in academic 
        subjects so that all English learners can meet the same 
        challenging State academic standards that all children are 
        expected to meet;
            ``(3) to assist teachers (including preschool teachers), 
        principals and other school leaders, State educational agencies, 
        local educational agencies, and schools in establishing, 
        implementing, and sustaining effective language instruction 
        educational programs designed to assist in teaching English 
        learners, including immigrant children and youth;
            ``(4) to assist teachers (including preschool teachers), 
        principals and other school leaders, State educational agencies, 
        and local educational agencies to develop and enhance their 
        capacity to provide effective instructional programs designed to 
        prepare English learners, including immigrant children and 
        youth, to enter all-English instructional settings; and
            ``(5) to promote parental, family, and community 
        participation in language instruction educational programs for 
        the parents, families, and communities of English learners.''.

    (b) Formula Grants to States.--Section 3111 (20 U.S.C. 6821) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (2), by striking subparagraphs (A) 
                through (D) and inserting the following:
                    ``(A) Establishing and implementing, with timely and 
                meaningful consultation with local educational agencies 
                representing the geographic diversity of the State, 
                standardized statewide entrance and exit procedures, 
                including a requirement that all students who may be 
                English learners are assessed for such status within 30 
                days of enrollment in a school in the State.
                    ``(B) Providing effective teacher and principal 
                preparation, effective professional development 
                activities, and other effective activities related to 
                the education of English learners, which may include 
                assisting teachers, principals, and other educators in--

[[Page 129 STAT. 1955]]

                          ``(i) meeting State and local certification 
                      and licensing requirements for teaching English 
                      learners; and
                          ``(ii) improving teaching skills in meeting 
                      the diverse needs of English learners, including 
                      how to implement effective programs and curricula 
                      on teaching English learners.
                    ``(C) Planning, evaluation, administration, and 
                interagency coordination related to the subgrants 
                referred to in paragraph (1).
                    ``(D) Providing technical assistance and other forms 
                of assistance to eligible entities that are receiving 
                subgrants from a State educational agency under this 
                subpart, including assistance in--
                          ``(i) identifying and implementing effective 
                      language instruction educational programs and 
                      curricula for teaching English learners;
                          ``(ii) helping English learners meet the same 
                      challenging State academic standards that all 
                      children are expected to meet;
                          ``(iii) identifying or developing, and 
                      implementing, measures of English proficiency; and
                          ``(iv) strengthening and increasing parent, 
                      family, and community engagement in programs that 
                      serve English learners.
                    ``(E) Providing recognition, which may include 
                providing financial awards, to recipients of subgrants 
                under section 3115 that have significantly improved the 
                achievement and progress of English learners in 
                meeting--
                          ``(i) the State-designed long-term goals 
                      established under section 1111(c)(4)(A)(ii), 
                      including measurements of interim progress towards 
                      meeting such goals, based on the State's English 
                      language proficiency assessment under section 
                      1111(b)(2)(G); and
                          ``(ii) the challenging State academic 
                      standards.'';
                    (B) in paragraph (3)--
                          (i) in the paragraph heading, by striking 
                      ``Administrative'' and inserting ``Direct 
                      administrative'';
                          (ii) by striking ``60 percent'' and inserting 
                      ``50 percent''; and
                          (iii) by inserting ``direct'' before 
                      ``administrative costs''; and
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``section 3001(a)'' and inserting 
                      ``section 3001'';
                          (ii) in subparagraph (B), by inserting ``and'' 
                      after the semicolon;
                          (iii) by striking subparagraph (C) and 
                      inserting the following:
                    ``(C) 6.5 percent of such amount for national 
                activities under sections 3131 and 3202, except that not 
                more than $2,000,000 of such amount may be reserved for 
                the National Clearinghouse for English Language 
                Acquisition and Language Instruction Educational 
                Programs described in section 3202.''; and
                          (iv) by striking subparagraph (D);

[[Page 129 STAT. 1956]]

                    (B) by striking paragraphs (2) and (4);
                    (C) by redesignating paragraph (3) as paragraph (2);
                    (D) in paragraph (2)(A), as redesignated by 
                subparagraph (C)--
                          (i) in the matter preceding clause (i), by 
                      striking ``section 3001(a)'' and inserting 
                      ``section 3001'';
                          (ii) in clause (i), by striking ``limited 
                      English proficient'' and all that follows through 
                      ``States; and'' and inserting ``English learners 
                      in the State bears to the number of English 
                      learners in all States, as determined in 
                      accordance with paragraph (3)(A); and''; and
                          (iii) in clause (ii), by inserting ``, as 
                      determined in accordance with paragraph (3)(B)'' 
                      before the period at the end; and
                    (E) by adding at the end the following:
            ``(3) Use of data for determinations.--In making State 
        allotments under paragraph (2) for each fiscal year, the 
        Secretary shall--
                    ``(A) determine the number of English learners in a 
                State and in all States, using the most accurate, up-to-
                date data, which shall be--
                          ``(i) data available from the American 
                      Community Survey conducted by the Department of 
                      Commerce, which may be multiyear estimates;
                          ``(ii) the number of students being assessed 
                      for English language proficiency, based on the 
                      State's English language proficiency assessment 
                      under section 1111(b)(2)(G), which may be 
                      multiyear estimates; or
                          ``(iii) a combination of data available under 
                      clauses (i) and (ii); and
                    ``(B) determine the number of immigrant children and 
                youth in the State and in all States based only on data 
                available from the American Community Survey conducted 
                by the Department of Commerce, which may be multiyear 
                estimates.''.

    (c) Native American and Alaska Native Children in School.--Section 
3112(a) (20 U.S.C. 6822(a)) is amended by striking ``Bureau of Indian 
Affairs'' each place the term appears and inserting ``Bureau of Indian 
Education''.
    (d) State and Specially Qualified Agency Plans.--Section 3113 (20 
U.S.C. 6823) is amended--
            (1) in subsection (a), by striking ``, in such manner, and 
        containing such information'' and inserting ``and in such 
        manner'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``making'' and 
                inserting ``awarding''; and
                    (B) by striking paragraphs (2) through (6) and 
                inserting the following:
            ``(2) describe how the agency will establish and implement, 
        with timely and meaningful consultation with local educational 
        agencies representing the geographic diversity of the State, 
        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--

[[Page 129 STAT. 1957]]

                    ``(A) the agency will ensure that eligible entities 
                receiving a subgrant under this subpart comply with the 
                requirement in section 1111(b)(2)(B)(ix) regarding 
                assessment of English learners in English;
                    ``(B) the agency will ensure that eligible entities 
                receiving a subgrant under this subpart annually assess 
                the English proficiency of all English learners 
                participating in a program funded under this subpart, 
                consistent with section 1111(b)(2)(G);
                    ``(C) in awarding subgrants under section 3114, the 
                agency will address the needs of school systems of all 
                sizes and in all geographic areas, including school 
                systems with rural and urban schools;
                    ``(D) subgrants to eligible entities under section 
                3114(d)(1) will be of sufficient size and scope to allow 
                such entities to carry out effective language 
                instruction educational programs for English learners;
                    ``(E) the agency will require an eligible entity 
                receiving a subgrant under this subpart to use the 
                subgrant in ways that will build such recipient's 
                capacity to continue to offer effective language 
                instruction educational programs that assist English 
                learners in meeting challenging State academic 
                standards;
                    ``(F) the agency will monitor each eligible entity 
                receiving a subgrant under this subpart for compliance 
                with applicable Federal fiscal requirements; and
                    ``(G) the plan has been developed in consultation 
                with local educational agencies, teachers, 
                administrators of programs implemented under this 
                subpart, parents of English learners, and other relevant 
                stakeholders;
            ``(4) describe how the agency will coordinate its programs 
        and activities under this subpart with other programs and 
        activities under this Act and other Acts, as appropriate;
            ``(5) describe how each eligible entity will be given the 
        flexibility to teach English learners--
                    ``(A) using a high-quality, effective language 
                instruction curriculum for teaching English learners; 
                and
                    ``(B) in the manner the eligible entity determines 
                to be the most effective;
            ``(6) describe how the agency will assist eligible entities 
        in meeting--
                    ``(A) the State-designed long-term goals established 
                under section 1111(c)(4)(A)(ii), including measurements 
                of interim progress towards meeting such goals, based on 
                the State's English language proficiency assessment 
                under section 1111(b)(2)(G); and
                    ``(B) the challenging State academic standards;
            ``(7) describe how the agency will meet the unique needs of 
        children and youth in the State being served through the 
        reservation of funds under section 3114(d); and
            ``(8) describe--
                    ``(A) how the agency will monitor the progress of 
                each eligible entity receiving a subgrant under this 
                subpart in helping English learners achieve English 
                proficiency; and
                    ``(B) the steps the agency will take to further 
                assist eligible entities if the strategies funded under 
                this subpart

[[Page 129 STAT. 1958]]

                are not effective, such as providing technical 
                assistance and modifying such strategies.'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``this part'' each 
                place the term appears and inserting ``this subpart''; 
                and
                    (B) in paragraph (2)(B), by striking ``this part'' 
                and inserting ``this subpart'';
            (4) in subsection (e), by striking ``section 9302'' and 
        inserting ``section 8302''; and
            (5) in subsection (f)--
                    (A) by inserting ``by the State'' after ``if 
                requested''; and
                    (B) by striking ``, objectives,''.

    (e) Within-State Allocations.--Section 3114 (20 U.S.C. 6824) is 
amended--
            (1) by striking subsection (a) and inserting the following:

    ``(a) In General.--After making the reservation required under 
subsection (d)(1), each State educational agency receiving a grant under 
section 3111(c)(2) shall award subgrants for a fiscal year by allocating 
in a timely manner to each eligible entity in the State having a plan 
approved under section 3116 an amount that bears the same relationship 
to the amount received under the grant and remaining after making such 
reservation as the population of English learners in schools served by 
the eligible entity bears to the population of English learners in 
schools served by all eligible entities in the State.''; and
            (2) in subsection (d)(1)--
                    (A) by striking ``section 3111(c)(3)'' and inserting 
                ``section 3111(c)(2)''; and
                    (B) by striking ``preceding the fiscal year''.

    (f) Subgrants to Eligible Entities.--Section 3115 (20 U.S.C. 6825) 
is amended to read as follows:
``SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES.

    ``(a) Purposes of Subgrants.--A State educational agency may make a 
subgrant to an eligible entity from funds received by the agency under 
this subpart only if the entity agrees to expend the funds to improve 
the education of English learners by assisting the children to learn 
English and meet the challenging State academic standards. In carrying 
out activities with such funds, the eligible entity shall use effective 
approaches and methodologies for teaching English learners and immigrant 
children and youth for the following purposes:
            ``(1) Developing and implementing new language instruction 
        educational programs and academic content instructional programs 
        for English learners and immigrant children and youth, including 
        early childhood education programs, elementary school programs, 
        and secondary school programs.
            ``(2) Carrying out highly focused, innovative, locally 
        designed activities to expand or enhance existing language 
        instruction educational programs and academic content 
        instructional programs for English learners and immigrant 
        children and youth.
            ``(3) Implementing, within an individual school, schoolwide 
        programs for restructuring, reforming, and upgrading all 
        relevant programs, activities, and operations relating to 
        language

[[Page 129 STAT. 1959]]

        instruction educational programs and academic content 
        instruction for English learners and immigrant children and 
        youth.
            ``(4) Implementing, within the entire jurisdiction of a 
        local educational agency, agencywide programs for restructuring, 
        reforming, and upgrading all relevant programs, activities, and 
        operations relating to language instruction educational programs 
        and academic content instruction for English learners and 
        immigrant children and youth.

    ``(b) Direct Administrative Expenses.--Each eligible entity 
receiving funds under section 3114(a) for a fiscal year may use not more 
than 2 percent of such funds for the cost of administering this subpart.
    ``(c) Required Subgrantee Activities.--An eligible entity receiving 
funds under section 3114(a) shall use the funds--
            ``(1) to increase the English language proficiency of 
        English learners by providing effective language instruction 
        educational programs that meet the needs of English learners and 
        demonstrate success in increasing--
                    ``(A) English language proficiency; and
                    ``(B) student academic achievement;
            ``(2) to provide effective professional development to 
        classroom teachers (including teachers in classroom settings 
        that are not the settings of language instruction educational 
        programs), principals and other school leaders, administrators, 
        and other school or community-based organizational personnel, 
        that is--
                    ``(A) designed to improve the instruction and 
                assessment of English learners;
                    ``(B) designed to enhance the ability of such 
                teachers, principals, and other school leaders to 
                understand and implement curricula, assessment practices 
                and measures, and instructional strategies for English 
                learners;
                    ``(C) effective in increasing children's English 
                language proficiency or substantially increasing the 
                subject matter knowledge, teaching knowledge, and 
                teaching skills of such teachers; and
                    ``(D) of sufficient intensity and duration (which 
                shall not include activities such as 1-day or short-term 
                workshops and conferences) to have a positive and 
                lasting impact on the teachers' performance in the 
                classroom, except that this subparagraph shall not apply 
                to an activity that is one component of a long-term, 
                comprehensive professional development plan established 
                by a teacher and the teacher's supervisor based on an 
                assessment of the needs of the teacher, the supervisor, 
                the students of the teacher, and any local educational 
                agency employing the teacher, as appropriate; and
            ``(3) to provide and implement other effective activities 
        and strategies that enhance or supplement language instruction 
        educational programs for English learners, which--
                    ``(A) shall include parent, family, and community 
                engagement activities; and
                    ``(B) may include strategies that serve to 
                coordinate and align related programs.

    ``(d) Authorized Subgrantee Activities.--Subject to subsection (c), 
an eligible entity receiving funds under section 3114(a)

[[Page 129 STAT. 1960]]

may use the funds to achieve any of the purposes described in subsection 
(a) by undertaking 1 or more of the following activities:
            ``(1) Upgrading program objectives and effective 
        instructional strategies.
            ``(2) Improving the instructional program for English 
        learners by identifying, acquiring, and upgrading curricula, 
        instructional materials, educational software, and assessment 
        procedures.
            ``(3) Providing to English learners--
                    ``(A) tutorials and academic or career and technical 
                education; and
                    ``(B) intensified instruction, which may include 
                materials in a language that the student can understand, 
                interpreters, and translators.
            ``(4) Developing and implementing effective preschool, 
        elementary school, or secondary school language instruction 
        educational programs that are coordinated with other relevant 
        programs and services.
            ``(5) Improving the English language proficiency and 
        academic achievement of English learners.
            ``(6) Providing community participation programs, family 
        literacy services, and parent and family outreach and training 
        activities to English learners and their families--
                    ``(A) to improve the English language skills of 
                English learners; and
                    ``(B) to assist parents and families in helping 
                their children to improve their academic achievement and 
                becoming active participants in the education of their 
                children.
            ``(7) Improving the instruction of English learners, which 
        may include English learners with a disability, by providing 
        for--
                    ``(A) the acquisition or development of educational 
                technology or instructional materials;
                    ``(B) access to, and participation in, electronic 
                networks for materials, training, and communication; and
                    ``(C) incorporation of the resources described in 
                subparagraphs (A) and (B) into curricula and programs, 
                such as those funded under this subpart.
            ``(8) Offering early college high school or dual or 
        concurrent enrollment programs or courses designed to help 
        English learners achieve success in postsecondary education.
            ``(9) Carrying out other activities that are consistent with 
        the purposes of this section.

    ``(e) Activities by Agencies Experiencing Substantial Increases in 
Immigrant Children and Youth.--
            ``(1) In general.--An eligible entity receiving funds under 
        section 3114(d)(1) shall use the funds to pay for activities 
        that provide enhanced instructional opportunities for immigrant 
        children and youth, which may include--
                    ``(A) family literacy, parent and family outreach, 
                and training activities designed to assist parents and 
                families to become active participants in the education 
                of their children;
                    ``(B) recruitment of, and support for, personnel, 
                including teachers and paraprofessionals who have been

[[Page 129 STAT. 1961]]

                specifically trained, or are being trained, to provide 
                services to immigrant children and youth;
                    ``(C) provision of tutorials, mentoring, and 
                academic or career counseling for immigrant children and 
                youth;
                    ``(D) identification, development, and acquisition 
                of curricular materials, educational software, and 
                technologies to be used in the program carried out with 
                awarded funds;
                    ``(E) basic instructional services that are directly 
                attributable to the presence of immigrant children and 
                youth in the local educational agency involved, 
                including the payment of costs of providing additional 
                classroom supplies, costs of transportation, or such 
                other costs as are directly attributable to such 
                additional basic instructional services;
                    ``(F) other instructional services that are designed 
                to assist immigrant children and youth to achieve in 
                elementary schools and secondary schools in the United 
                States, such as programs of introduction to the 
                educational system and civics education; and
                    ``(G) activities, coordinated with community-based 
                organizations, institutions of higher education, private 
                sector entities, or other entities with expertise in 
                working with immigrants, to assist parents and families 
                of immigrant children and youth by offering 
                comprehensive community services.
            ``(2) Duration of subgrants.--The duration of a subgrant 
        made by a State educational agency under section 3114(d)(1) 
        shall be determined by the agency in its discretion.

    ``(f) Selection of Method of Instruction.--
            ``(1) In general.--To receive a subgrant from a State 
        educational agency under this subpart, an eligible entity shall 
        select one or more methods or forms of effective instruction to 
        be used in the programs and activities undertaken by the entity 
        to assist English learners to attain English language 
        proficiency and meet challenging State academic standards.
            ``(2) Consistency.--The selection described in paragraph (1) 
        shall be consistent with sections 3124 through 3126.

    ``(g) Supplement, Not Supplant.--Federal funds made available under 
this subpart shall be used so as to supplement the level of Federal, 
State, and local public funds that, in the absence of such availability, 
would have been expended for programs for English learners and immigrant 
children and youth and in no case to supplant such Federal, State, and 
local public funds.''.
    (g) Local Plans.--Section 3116 (20 U.S.C. 6826) is amended--
            (1) in subsection (b), by striking paragraphs (1) through 
        (6) and inserting the following:
            ``(1) describe the effective programs and activities, 
        including language instruction educational programs, proposed to 
        be developed, implemented, and administered under the subgrant 
        that will help English learners increase their English language 
        proficiency and meet the challenging State academic standards;
            ``(2) describe how the eligible entity will ensure that 
        elementary schools and secondary schools receiving funds under 
        this subpart assist English learners in--
                    ``(A) achieving English proficiency based on the 
                State's English language proficiency assessment under 
                section 1111(b)(2)(G), consistent with the State's long-
                term goals, as described in section 1111(c)(4)(A)(ii); 
                and

[[Page 129 STAT. 1962]]

                    ``(B) meeting the challenging State academic 
                standards;
            ``(3) describe how the eligible entity will promote parent, 
        family, and community engagement in the education of English 
        learners;
            ``(4) contain assurances that--
                    ``(A) each local educational agency that is included 
                in the eligible entity is complying with section 1112(e) 
                prior to, and throughout, each school year as of the 
                date of application;
                    ``(B) the eligible entity is not in violation of any 
                State law, including State constitutional law, regarding 
                the education of English learners, consistent with 
                sections 3125 and 3126;
                    ``(C) the eligible entity consulted with teachers, 
                researchers, school administrators, parents and family 
                members, community members, public or private entities, 
                and institutions of higher education, in developing and 
                implementing such plan; and
                    ``(D) the eligible entity will, if applicable, 
                coordinate activities and share relevant data under the 
                plan with local Head Start and Early Head Start 
                agencies, including migrant and seasonal Head Start 
                agencies, and other early childhood education 
                providers.'';
            (2) in subsection (c), by striking ``limited English 
        proficient children'' and inserting ``English learners''; and
            (3) by striking subsection (d).

    (h) Reporting.--Section 3121 (20 U.S.C. 6841) is amended to read as 
follows:
``SEC. 3121. REPORTING.

    ``(a) In General.--Each eligible entity that receives a subgrant 
from a State educational agency under subpart 1 shall provide such 
agency, at the conclusion of every second fiscal year during which the 
subgrant is received, with a report, in a form prescribed by the agency, 
on the activities conducted and children served under such subpart that 
includes--
            ``(1) a description of the programs and activities conducted 
        by the entity with funds received under subpart 1 during the 2 
        immediately preceding fiscal years, which shall include a 
        description of how such programs and activities supplemented 
        programs funded primarily with State or local funds;
            ``(2) the number and percentage of English learners in the 
        programs and activities who are making progress toward achieving 
        English language proficiency, as described in section 
        1111(c)(4)(A)(ii), in the aggregate and disaggregated, at a 
        minimum, by English learners with a disability;
            ``(3) the number and percentage of English learners in the 
        programs and activities attaining English language proficiency 
        based on State English language proficiency standards 
        established under section 1111(b)(1)(G) by the end of each 
        school year, as determined by the State's English language 
        proficiency assessment under section 1111(b)(2)(G);
            ``(4) the number and percentage of English learners who exit 
        the language instruction educational programs based on their 
        attainment of English language proficiency;
            ``(5) the number and percentage of English learners meeting 
        challenging State academic standards for each of the 4 years

[[Page 129 STAT. 1963]]

        after such children are no longer receiving services under this 
        part, in the aggregate and disaggregated, at a minimum, by 
        English learners with a disability;
            ``(6) the number and percentage of English learners who have 
        not attained English language proficiency within 5 years of 
        initial classification as an English learner and first 
        enrollment in the local educational agency; and
            ``(7) any other information that the State educational 
        agency may require.

    ``(b) Use of Report.--A report provided by an eligible entity under 
subsection (a) shall be used by the entity and the State educational 
agency for improvement of programs and activities under this part.
    ``(c) Special Rule for Specially Qualified Agencies.--Each specially 
qualified agency receiving a grant under subpart 1 shall provide the 
reports described in subsection (a) to the Secretary subject to the same 
requirements as apply to eligible entities providing such evaluations to 
State educational agencies under such subsection.''.
    (i) Biennial Reports.--Section 3122 (20 U.S.C. 6843), as 
redesignated by section 3001(2)(B), is amended--
            (1) in the section heading, by striking ``reporting 
        requirements'' and inserting ``biennial reports'';
            (2) in subsection (a)--
                    (A) by striking ``evaluations'' and inserting 
                ``reports''; and
                    (B) by striking ``children who are limited English 
                proficient'' and inserting ``English learners''; and
            (3) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) by striking ``limited English proficient 
                      children'' and inserting ``English learners''; and
                          (ii) by striking ``children who are limited 
                      English proficient'' and inserting ``English 
                      learners'';
                    (B) in paragraph (2), by striking ``limited English 
                proficient children'' and inserting ``English 
                learners'';
                    (C) in paragraph (4), by striking ``section 
                3111(b)(2)(C)'' and inserting ``section 3111(b)(2)(D)'';
                    (D) in paragraph (5), by striking ``limited English 
                proficient children'' and inserting ``English 
                learners'';
                    (E) in paragraph (6), by striking ``major findings 
                of scientifically based research carried out under this 
                part'' and inserting ``findings of the most recent 
                evaluation related to English learners carried out under 
                section 8601'';
                    (F) in paragraph (8)--
                          (i) by striking ``of limited English 
                      proficient children'' and inserting ``of English 
                      learners''; and
                          (ii) by striking ``into classrooms where 
                      instruction is not tailored for limited English 
                      proficient children''; and
                    (G) in paragraph (9), by striking ``title'' and 
                inserting ``part''.

    (j) Coordination With Related Programs.--Section 3123 (20 U.S.C. 
6844), as redesignated by section 3001(2)(B), is amended--
            (1) by striking ``children of limited English proficiency'' 
        and inserting ``English learners'';

[[Page 129 STAT. 1964]]

            (2) by striking ``limited English proficient children'' and 
        inserting ``English learners''; and
            (3) by inserting after the period at the end the following: 
        ``The Secretary shall report to the Congress on parallel Federal 
        programs in other agencies and departments.''.

    (k) Rules of Construction.--Section 3124 (20 U.S.C. 6845), as 
redesignated by section 3001(2)(B), is amended--
            (1) in paragraph (1), by striking ``limited English 
        proficient children'' and inserting ``English learners''; and
            (2) in paragraph (2), by striking ``limited English 
        proficient children'' and inserting ``English learners''.

    (l) Prohibition.--Section 3128 (20 U.S.C. 6849), as redesignated by 
section 3001(2)(B), is amended by striking ``limited English proficient 
children'' and inserting ``English learners''.
    (m) National Professional Development Project.--Section 3131 (20 
U.S.C. 6861) is amended to read as follows:
``SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.

    ``The Secretary shall use funds made available under section 
3111(c)(1)(C) to award grants on a competitive basis, for a period of 
not more than 5 years, to institutions of higher education or public or 
private entities with relevant experience and capacity (in consortia 
with State educational agencies or local educational agencies) to 
provide for professional development activities that will improve 
classroom instruction for English learners and assist educational 
personnel working with English learners to meet high professional 
standards, including standards for certification and licensure as 
teachers who work in language instruction educational programs or serve 
English learners. Grants awarded under this section may be used--
            ``(1) for effective preservice or inservice professional 
        development programs that will improve the qualifications and 
        skills of educational personnel involved in the education of 
        English learners, including personnel who are not certified or 
        licensed and educational paraprofessionals, and for other 
        activities to increase teacher and school leader effectiveness 
        in meeting the needs of English learners;
            ``(2) for the development of curricula or other 
        instructional strategies appropriate to the needs of the 
        consortia participants involved;
            ``(3) to support strategies that strengthen and increase 
        parent, family, and community member engagement in the education 
        of English learners;
            ``(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

[[Page 129 STAT. 1965]]

        early childhood education programs, such as Head Start or State-
        run preschool programs, to elementary school programs.''.
SEC. 3004. GENERAL PROVISIONS.

    (a) Definitions.--Section 3201 (20 U.S.C. 7011), as redesignated by 
section 3001(5)(A), is amended--
            (1) by striking paragraphs (3), (4), and (5);
            (2) by inserting after paragraph (2) the following:
            ``(3) Eligible entity.--The term `eligible entity' means--
                    ``(A) one or more local educational agencies; or
                    ``(B) one or more local educational agencies, in 
                consortia or collaboration with an institution of higher 
                education, educational service agency, community-based 
                organization, or State educational agency.
            ``(4) English learner with a disability.--The term `English 
        learner with a disability' means an English learner who is also 
        a child with a disability, as that term is defined in section 
        602 of the Individuals with Disabilities Education Act.'';
            (3) by redesignating paragraphs (6) through (15) as 
        paragraphs (5) through (14), respectively;
            (4) in paragraph (7)(A), as redesignated by paragraph (3)--
                    (A) by striking ``a limited English proficient 
                child'' and inserting ``an English learner''; and
                    (B) by striking ``challenging State academic content 
                and student academic achievement standards, as required 
                by section 1111(b)(1)'' and inserting ``challenging 
                State academic standards''; and
            (5) in paragraph (12), as redesignated by paragraph (3), by 
        striking ``, as defined in section 3141,''.

    (b) National Clearinghouse.--Section 3202 (20 U.S.C. 7013), as 
redesignated by section 3001(5)(C), is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``The Secretary shall'' and 
                inserting the following:

    ``(a) In General.--The Secretary shall''; and
                    (B) by striking ``limited English proficient 
                children'' and inserting ``English learners'';
            (2) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``limited 
                English proficient children'' and inserting ``English 
                learners, including English learners with a disability, 
                that includes information on best practices on 
                instructing and serving English learners''; and
                    (B) in subparagraph (B), by striking ``limited 
                English proficient children'' and inserting ``English 
                learners''; and
            (3) by adding at the end the following:

    ``(b) Construction.--Nothing in this section shall authorize the 
Secretary to hire additional personnel to execute subsection (a).''.
    (c) Regulations.--Section 3203 (20 U.S.C. 7014), as redesignated by 
section 3001(5)(C), is amended--
            (1) by striking ``limited English proficient individuals'' 
        and inserting ``English learners''; and
            (2) by striking ``limited English proficient children'' and 
        inserting ``English learners''.

[[Page 129 STAT. 1966]]

                     TITLE IV--21ST CENTURY SCHOOLS

SEC. 4001. REDESIGNATIONS AND TRANSFERS.

    (a) Title IV Transfers and Related Amendments.--
            (1) Section 4303 (20 U.S.C. 7183) is amended--
                    (A) in subsection (b)(1), by striking ``early 
                childhood development (Head Start) services'' and 
                inserting ``early childhood education programs'';
                    (B) in subsection (c)(2)--
                          (i) in the paragraph heading, by striking 
                      ``development services'' and inserting ``education 
                      programs''; and
                          (ii) by striking ``development (Head Start) 
                      services'' and inserting ``education programs''; 
                      and
                    (C) in subsection (e)(3), by striking subparagraph 
                (C) and inserting the following:
                    ``(C) such other matters as justice may require.''.
            (2) Subpart 3 of part A of title IV (20 U.S.C. 7151) is--
                    (A) <<NOTE: 20 USC 7961.>> transferred to title IX 
                (as amended by section 2001 of this Act);
                    (B) inserted so as to appear after subpart 3 of part 
                E of such title (as so transferred and redesignated);
                    (C) redesignated as subpart 4 of such part; and
                    (D) amended by redesignating section 4141 <<NOTE: 20 
                USC 7151.>> as section 9551.
            (3) Section 4155 (20 U.S.C. 7165) is--
                    (A) <<NOTE: 20 USC 7917.>> transferred to title IX 
                (as amended by section 2001 of this Act and paragraph 
                (2) of this subsection);
                    (B) inserted so as to appear after section 9536; and
                    (C) redesignated as section 9537.
            (4) Part C of title IV (20 U.S.C. 7181 et seq.) (as amended 
        by paragraph (1) of this subsection) is--
                    (A) transferred to title IX (as amended by section 
                2001 of this Act and paragraphs (2) and (3) of this 
                subsection);
                    (B) inserted so as to appear after subpart 4 of part 
                E of such title IX (as so transferred and redesignated); 
                and
                    (C) amended--
                          (i) by striking the part designation and 
                      heading and inserting ``Subpart 5--Environmental 
                      Tobacco Smoke''; and
                          (ii) by redesignating sections 4301 <<NOTE: 20 
                      USC 7181-7184, 7971-7974.>> through 4304 as 
                      sections 9561 through 9564, respectively.
            (5) Title IV <<NOTE: 20 USC 7131-7164.>> (as amended by 
        section 2001 of this Act and paragraphs (1) through (4) of this 
        subsection) is further amended--
                    (A) in the part heading of part A, by striking 
                ``safe and drug-free schools and communities'' and 
                inserting ``student support and academic enrichment 
                grants'';
                    (B) <<NOTE: 20 USC 7131-7140, 7161-7164.>> by 
                striking subparts 2 and 4 of part A;
                    (C) by redesignating subpart 5 of part A (as so 
                transferred and redesignated by section 2001(4) of this 
                Act) as subpart 2 of part A; and
                    (D) by redesignating section 4161 <<NOTE: 20 USC 
                7131.>> (as so redesignated) as section 4121.

[[Page 129 STAT. 1967]]

    (b) Title V Transfers and Related Amendments.--
            (1) In general.--Title V (20 U.S.C. 7201 et seq.) is 
        amended--
                    (A) <<NOTE: 20 USC 7021, 7211, 7211a, 7213, 7213a, 
                7215, 7215a, 7215b, 7217, 7217a-7217e.>> by striking 
                part A;
                    (B) <<NOTE: 20 USC 7223, 7223a-7223j, 7225, 7225a-
                7225g.>> by striking subparts 2 and 3 of part B; and
                    (C) <<NOTE: 20 USC 7241, 7243, 7243a-7243c, 7245, 
                7247, 7249, 7251, 7253, 7253a-7253e, 7255, 7255a-7255f, 
                7257, 7257a-7257d, 7259, 7259a-7259c, 7261, 7261a-7261f, 
                7263, 7263a, 7263b, 7265, 7265a-7265e, 7267, 7267a-
                7267f, 7269, 7269a, 7271, 7273, 7273a-7273e, 7275, 
                7277, 7277a-7277e, 7279, 7279a-7279e, 7281, 7281a, 
                7281b, 7283, 7283a-7283g.>> by striking part D.
            (2) Charter schools.--Part B of title V (20 U.S.C. 7221 et 
        seq.) (as amended by paragraph (1) of this subsection) is--
                    (A) transferred to title IV (as amended by section 
                2001 of this Act and subsection (a) of this section);
                    (B) inserted so as to appear after part B of such 
                title;
                    (C) redesignated as part C of such title; and
                    (D) further amended--
                          (i) in the part heading, by striking ``public 
                      charter schools'' and inserting ``expanding 
                      opportunity through quality charter schools'';
                          (ii) by striking the subpart heading for 
                      subpart 1; and
                          (iii) by redesignating sections <<NOTE: 20 USC 
                      7221, 7221a-7221j.>> 5201 through 5211 as sections 
                      4301 through 4311, respectively.
            (3) Magnet schools.--Part C of title V (20 U.S.C. 7231 et 
        seq.) is--
                    (A) transferred to title IV (as amended by section 
                2001 of this Act, subsection (a) of this section, and 
                paragraph (2) of this subsection)
                    (B) <<NOTE: 20 USC 7231, 7231a-7231j.>> inserted so 
                as to appear after part C of such title (as so 
                transferred and redesignated);
                    (C) redesignated as part D of such title; and
                    (D) amended--
                          (i) <<NOTE: 20 USC 7231, 7231a-7231j.>> by 
                      redesignating sections 5301 through 5307 as 
                      sections 4401 through 4407, respectively;
                          (ii) by striking sections 5308 and 5310; and
                          (iii) by redesignating sections 5309 and 5311 
                      as sections 4408 and 4409, respectively.
            (4) Title v.--Title V, as amended by this section, is 
        repealed.
SEC. 4002. GENERAL PROVISIONS.

    Title IV (20 U.S.C. 7101 et seq.), as redesignated and amended by 
section 4001, is further amended by striking sections 4001 through 
4003 <<NOTE: 20 USC 7101-7103.>> and inserting the following:
``SEC. 4001. <<NOTE: 20 USC 7101.>> GENERAL PROVISIONS.

    ``(a) Parental Consent.--
            ``(1) In general.--
                    ``(A) Informed written consent.--A State, local 
                educational agency, or other entity receiving funds 
                under this title shall obtain prior written, informed 
                consent from the parent of each child who is under 18 
                years of age to participate in any mental-health 
                assessment or service that is funded under this title 
                and conducted in connection with an elementary school or 
                secondary school under this title.
                    ``(B) Contents.--Before obtaining the consent 
                described in subparagraph (A), the entity shall provide 
                the parent written notice describing in detail such 
                mental health assessment or service, including the 
                purpose for such assessment or service, the provider of 
                such assessment

[[Page 129 STAT. 1968]]

                or service, when such assessment or service will begin, 
                and how long such assessment or service may last.
                    ``(C) Limitation.--The informed written consent 
                required under this paragraph shall not be a waiver of 
                any rights or protections under section 444 of the 
                General Education Provisions Act (20 U.S.C. 1232g).
            ``(2) Exception.--Notwithstanding paragraph (1)(A), the 
        written, informed consent described in such paragraph shall not 
        be required in--
                    ``(A) an emergency, where it is necessary to protect 
                the immediate health and safety of the child, other 
                children, or entity personnel; or
                    ``(B) other instances in which an entity actively 
                seeks parental consent but such consent cannot be 
                reasonably obtained, as determined by the State or local 
                educational agency, including in the case of--
                          ``(i) a child whose parent has not responded 
                      to the notice described in paragraph (1)(B); or
                          ``(ii) a child who has attained 14 years of 
                      age and is an unaccompanied youth, as defined in 
                      section 725 of the McKinney-Vento Homeless 
                      Assistance Act (42 U.S.C. 11434a).

    ``(b) Prohibited Use of Funds.--No funds under this title may be 
used for medical services or drug treatment or rehabilitation, except 
for integrated student supports, specialized instructional support 
services, or referral to treatment for impacted students, which may 
include students who are victims of, or witnesses to, crime or who 
illegally use drugs.
    ``(c) Prohibition on Mandatory Medication.--No child shall be 
required to obtain a prescription for a controlled substance, as defined 
in section 102 of the Controlled Substances Act (21 U.S.C. 802) as a 
condition of--
            ``(1) receiving an evaluation or other service described 
        under this title; or
            ``(2) attending a school receiving assistance under this 
        title.''.

         PART A--STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS

SEC. 4101. STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS.

    Subpart 1 of part A of title IV (20 U.S.C. 7101 et seq.) is amended 
to read as follows:

       ``Subpart 1--Student Support and Academic Enrichment Grants

``SEC. 4101. <<NOTE: 20 USC 7111.>> PURPOSE.

    ``The purpose of this subpart is to improve students' academic 
achievement by increasing the capacity of States, local educational 
agencies, schools, and local communities to--
            ``(1) provide all students with access to a well-rounded 
        education;
            ``(2) improve school conditions for student learning; and
            ``(3) improve the use of technology in order to improve the 
        academic achievement and digital literacy of all students.

[[Page 129 STAT. 1969]]

``SEC. 4102. <<NOTE: 20 USC 7112.>> DEFINITIONS.

    ``In this subpart:
            ``(1) Blended learning.--The term `blended learning' means a 
        formal education program that leverages both technology-based 
        and face-to-face instructional approaches--
                    ``(A) that 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
                    ``(B) in which students are provided some control 
                over time, path, or pace.
            ``(2) Controlled substance.--The term `controlled substance' 
        means a drug or other substance identified under Schedule I, II, 
        III, IV, or V in section 202(c) of the Controlled Substances Act 
        (21 U.S.C. 812(c)).
            ``(3) Digital learning.--The term `digital learning' means 
        any instructional practice that effectively uses technology to 
        strengthen a student's learning experience and encompasses a 
        wide spectrum of tools and practices, including--
                    ``(A) interactive learning resources, digital 
                learning content (which may include openly licensed 
                content), software, or simulations, that engage students 
                in academic content;
                    ``(B) access to online databases and other primary 
                source documents;
                    ``(C) the use of data and information to personalize 
                learning and provide targeted supplementary instruction;
                    ``(D) online and computer-based assessments;
                    ``(E) learning environments that allow for rich 
                collaboration and communication, which may include 
                student collaboration with content experts and peers;
                    ``(F) hybrid or blended learning, which occurs under 
                direct instructor supervision at a school or other 
                location away from home and, at least in part, through 
                online delivery of instruction with some element of 
                student control over time, place, path, or pace; and
                    ``(G) access to online course opportunities for 
                students in rural or remote areas.
            ``(4) Drug.--The term `drug' includes--
                    ``(A) controlled substances;
                    ``(B) the illegal use of alcohol or tobacco, 
                including smokeless tobacco products and electronic 
                cigarettes; and
                    ``(C) the harmful, abusive, or addictive use of 
                substances, including inhalants and anabolic steroids.
            ``(5) Drug and violence prevention.--The term `drug and 
        violence prevention' means--
                    ``(A) with respect to drugs, prevention, early 
                intervention, rehabilitation referral, recovery support 
                services, or education related to the illegal use of 
                drugs, such as raising awareness about the consequences 
                of drug use that are evidence-based (to the extent a 
                State, in consultation with local educational agencies 
                in the State, determines that such evidence is 
                reasonably available); and
                    ``(B) with respect to violence, the promotion of 
                school safety, such that students and school personnel 
                are free from violent and disruptive acts, including 
                sexual harassment and abuse, and victimization 
                associated with prejudice and intolerance, on school 
                premises, going to and

[[Page 129 STAT. 1970]]

                from school, and at school-sponsored activities, through 
                the creation and maintenance of a school environment 
                that is free of weapons and fosters individual 
                responsibility and respect for the rights of others.
            ``(6) School-based mental health services provider.--The 
        term `school-based mental health services provider' includes a 
        State-licensed or State-certified school counselor, school 
        psychologist, school social worker, or other State licensed or 
        certified mental health professional qualified under State law 
        to provide mental health services to children and adolescents.
            ``(7) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
            ``(8) Stem-focused specialty school.--The term `STEM-focused 
        specialty school' means a school, or dedicated program within a 
        school, that engages students in rigorous, relevant, and 
        integrated learning experiences focused on science, technology, 
        engineering, and mathematics, including computer science, which 
        include authentic schoolwide research.
``SEC. 4103. <<NOTE: 20 USC 7113.>> FORMULA GRANTS TO STATES.

    ``(a) Reservations.--From the total amount appropriated under 
section 4112 for a fiscal year, the Secretary shall reserve--
            ``(1) one-half of 1 percent for allotments for payments to 
        the outlying areas, to be distributed among those outlying areas 
        on the basis of their relative need, as determined by the 
        Secretary, in accordance with the purpose of this subpart;
            ``(2) one-half of 1 percent for the Secretary of the 
        Interior for programs under this subpart in schools operated or 
        funded by the Bureau of Indian Education; and
            ``(3) 2 percent for technical assistance and capacity 
        building.

    ``(b) State Allotments.--
            ``(1) Allotment.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), from the amount appropriated to carry out this 
                subpart that remains after the Secretary makes the 
                reservations under subsection (a), the Secretary shall 
                allot to each State having a plan approved under 
                subsection (c), an amount that bears the same 
                relationship to the remainder as the amount the State 
                received under subpart 2 of part A of title I for the 
                preceding fiscal year bears to the amount all States 
                received under that subpart for the preceding fiscal 
                year.
                    ``(B) Small state minimum.--No State receiving an 
                allotment under this paragraph shall receive less than 
                one-half of 1 percent of the total amount allotted under 
                this paragraph.
                    ``(C) Puerto rico.--The amount allotted under this 
                paragraph to the Commonwealth of Puerto Rico for a 
                fiscal year may not exceed one-half of 1 percent of the 
                total amount allotted under this paragraph.
            ``(2) Reallotment.--If a State does not receive an allotment 
        under this subpart for a fiscal year, the Secretary shall 
        reallot the amount of the State's allotment to the remaining 
        States in accordance with this subsection.

    ``(c) State Plan.--

[[Page 129 STAT. 1971]]

            ``(1) In general.--In order to receive an allotment under 
        this section for any fiscal year, a State shall submit a plan to 
        the Secretary, at such time and in such manner as the Secretary 
        may reasonably require.
            ``(2) Contents.--Each plan submitted by a State under this 
        section shall include the following:
                    ``(A) A description of how the State educational 
                agency will use funds received under this subpart for 
                State-level activities.
                    ``(B) A description of how the State educational 
                agency will ensure that awards made to local educational 
                agencies under this subpart are in amounts that are 
                consistent with section 4105(a)(2).
                    ``(C) Assurances that the State educational agency 
                will--
                          ``(i) review existing resources and programs 
                      across the State and will coordinate any new plans 
                      and resources under this subpart with such 
                      existing resources and programs;
                          ``(ii) monitor the implementation of 
                      activities under this subpart and provide 
                      technical assistance to local educational agencies 
                      in carrying out such activities; and
                          ``(iii) provide for equitable access for all 
                      students to the activities supported under this 
                      subpart, including aligning those activities with 
                      the requirements of other Federal laws.
``SEC. 4104. <<NOTE: 20 USC 7114.>> STATE USE OF FUNDS.

    ``(a) In General.--Each State that receives an allotment under 
section 4103 for a fiscal year shall--
            ``(1) reserve not less than 95 percent of the allotment to 
        make allocations to local educational agencies under section 
        4105;
            ``(2) reserve not more than 1 percent of the allotment for 
        the administrative costs of carrying out its responsibilities 
        under this subpart, including public reporting on how funds made 
        available under this subpart are being expended by local 
        educational agencies, including the degree to which the local 
        educational agencies have made progress toward meeting the 
        objectives and outcomes described in section 4106(e)(1)(E); and
            ``(3) use the amount made available to the State and not 
        reserved under paragraphs (1) and (2) for activities described 
        in subsection (b).

    ``(b) State Activities.--Each State that receives an allotment under 
section 4103 shall use the funds available under subsection (a)(3) for 
activities and programs designed to meet the purposes of this subpart, 
which may include--
            ``(1) providing monitoring of, and training, technical 
        assistance, and capacity building to, local educational agencies 
        that receive an allotment under section 4105;
            ``(2) identifying and eliminating State barriers to the 
        coordination and integration of programs, initiatives, and 
        funding streams that meet the purposes of this subpart, so that 
        local educational agencies can better coordinate with other 
        agencies, schools, and community-based services and programs; or

[[Page 129 STAT. 1972]]

            ``(3) supporting local educational agencies in providing 
        programs and activities that--
                    ``(A) offer well-rounded educational experiences to 
                all students, as described in section 4107, including 
                female students, minority students, English learners, 
                children with disabilities, and low-income students who 
                are often underrepresented in critical and enriching 
                subjects, which may include--
                          ``(i) increasing student access to and 
                      improving student engagement and achievement in--
                                    ``(I) high-quality courses in 
                                science, technology, engineering, and 
                                mathematics, including computer science;
                                    ``(II) activities and programs in 
                                music and the arts;
                                    ``(III) foreign languages;
                                    ``(IV) accelerated learning programs 
                                that provide--
                                            ``(aa) postsecondary level 
                                        courses accepted for credit at 
                                        institutions of higher 
                                        education, including dual or 
                                        concurrent enrollment programs, 
                                        and early college high schools; 
                                        or
                                            ``(bb) postsecondary level 
                                        instruction and examinations 
                                        that are accepted for credit at 
                                        institutions of higher 
                                        education, including Advanced 
                                        Placement and International 
                                        Baccalaureate programs;
                                    ``(V) American history, civics, 
                                economics, geography, social studies, or 
                                government education;
                                    ``(VI) environmental education; or
                                    ``(VII) other courses, activities, 
                                and programs or other experiences that 
                                contribute to a well-rounded education; 
                                or
                          ``(ii) reimbursing low-income students to 
                      cover part or all of the costs of accelerated 
                      learning examination fees, as described in clause 
                      (i)(IV);
                    ``(B) foster safe, healthy, supportive, and drug-
                free environments that support student academic 
                achievement, as described in section 4108, which may 
                include--
                          ``(i) coordinating with any local educational 
                      agencies or consortia of such agencies 
                      implementing a youth PROMISE plan to reduce 
                      exclusionary discipline, as described in section 
                      4108(5)(F);
                          ``(ii) supporting local educational agencies 
                      to--
                                    ``(I) implement mental health 
                                awareness training programs that are 
                                evidence-based (to the extent the State 
                                determines that such evidence is 
                                reasonably available) to provide 
                                education to school personnel regarding 
                                resources available in the community for 
                                students with mental illnesses and other 
                                relevant resources relating to mental 
                                health or the safe de-escalation of 
                                crisis situations involving a student 
                                with a mental illness; or
                                    ``(II) expand access to or 
                                coordinate resources for school-based 
                                counseling and mental health programs, 
                                such as through school-based mental 
                                health services partnership programs;

[[Page 129 STAT. 1973]]

                          ``(iii) providing local educational agencies 
                      with resources that are evidence-based (to the 
                      extent the State determines that such evidence is 
                      reasonably available) addressing ways to integrate 
                      health and safety practices into school or 
                      athletic programs; and
                          ``(iv) disseminating best practices and 
                      evaluating program outcomes relating to any local 
                      educational agency activities to promote student 
                      safety and violence prevention through effective 
                      communication as described in section 
                      4108(5)(C)(iv); and
                    ``(C) increase access to personalized, rigorous 
                learning experiences supported by technology by--
                          ``(i) providing technical assistance to local 
                      educational agencies to improve the ability of 
                      local educational agencies to--
                                    ``(I) identify and address 
                                technology readiness needs, including 
                                the types of technology infrastructure 
                                and access available to the students 
                                served by the local educational agency, 
                                including computer devices, access to 
                                school libraries, Internet connectivity, 
                                operating systems, software, related 
                                network infrastructure, and data 
                                security;
                                    ``(II) use technology, consistent 
                                with the principles of universal design 
                                for learning, to support the learning 
                                needs of all students, including 
                                children with disabilities and English 
                                learners; and
                                    ``(III) build capacity for 
                                principals, other school leaders, and 
                                local educational agency administrators 
                                to support teachers in using data and 
                                technology to improve instruction and 
                                personalize learning;
                          ``(ii) supporting schools in rural and remote 
                      areas to expand access to high-quality digital 
                      learning opportunities;
                          ``(iii) developing or using strategies that 
                      are innovative or evidence-based (to the extent 
                      the State determines that such evidence is 
                      reasonably available) for the delivery of 
                      specialized or rigorous academic courses and 
                      curricula through the use of technology, including 
                      digital learning technologies and assistive 
                      technology, which may include increased access to 
                      online dual or concurrent enrollment 
                      opportunities, career and technical courses, and 
                      programs leading to a recognized postsecondary 
                      credential (as defined in section 3 of the 
                      Workforce Innovation and Opportunity Act (29 
                      U.S.C. 3102));
                          ``(iv) disseminating promising practices 
                      related to technology instruction, data security, 
                      and the acquisition and implementation of 
                      technology tools and applications, including 
                      through making such promising practices publicly 
                      available on the website of the State educational 
                      agency;
                          ``(v) providing teachers, paraprofessionals, 
                      school librarians and media personnel, specialized 
                      instructional support personnel, and 
                      administrators with the knowledge and skills to 
                      use technology effectively, including effective 
                      integration of technology, to improve

[[Page 129 STAT. 1974]]

                      instruction and student achievement, which may 
                      include coordination with teacher, principal, and 
                      other school leader preparation programs; and
                          ``(vi) making instructional content widely 
                      available through open educational resources, 
                      which may include providing tools and processes to 
                      support local educational agencies in making such 
                      resources widely available.

    ``(c) Special Rule.--A State that receives a grant under this 
subpart for fiscal year 2017 may use the amount made available to the 
State and not reserved under paragraphs (1) and (2) of subsection (a) 
for such fiscal year to cover part or all of the fees for accelerated 
learning examinations taken by low-income students during the 2016-2017 
school year, in accordance with subsection (b)(3)(A)(ii).
``SEC. 4105. <<NOTE: 20 USC 7115.>> ALLOCATIONS TO LOCAL 
                          EDUCATIONAL AGENCIES.

    ``(a) Allocations to Local Educational Agencies.--
            ``(1) In general.--From the funds reserved by a State under 
        section 4104(a)(1), the State shall allocate to each local 
        educational agency in the State that has an application approved 
        by the State educational agency under section 4106 an amount 
        that bears the same relationship to the total amount of such 
        reservation as the amount the local educational agency received 
        under subpart 2 of part A of title I for the preceding fiscal 
        year bears to the total amount received by all local educational 
        agencies in the State under such subpart for the preceding 
        fiscal year.
            ``(2) Minimum local educational agency allocation.--No 
        allocation to a local educational agency under this subsection 
        may be made in an amount that is less than $10,000, subject to 
        subsection (b).
            ``(3) Consortia.--Local educational agencies in a State may 
        form a consortium with other surrounding local educational 
        agencies and combine the funds each such agency in the 
        consortium receives under this section to jointly carry out the 
        local activities described in this subpart.

    ``(b) Ratable Reduction.--If the amount reserved by the State under 
section 4104(a)(1) is insufficient to make allocations to local 
educational agencies in an amount equal to the minimum allocation 
described in subsection (a)(2), such allocations shall be ratably 
reduced.
    ``(c) Administrative Costs.--Of the amount received under subsection 
(a)(2), a local educational agency may reserve not more than 2 percent 
for the direct administrative costs of carrying out the local 
educational agency's responsibilities under this subpart.
``SEC. 4106. <<NOTE: 20 USC 7116.>> LOCAL EDUCATIONAL AGENCY 
                          APPLICATIONS.

    ``(a) Eligibility.--To be eligible to receive an allocation under 
section 4105(a), a local educational agency shall--
            ``(1) submit an application, which shall contain, at a 
        minimum, the information described in subsection (e), to the 
        State educational agency at such time, in such manner, and 
        containing such information as the State educational agency may 
        reasonably require; and
            ``(2) complete a needs assessment in accordance with 
        subsection (d).

[[Page 129 STAT. 1975]]

    ``(b) Consortium.--If a local educational agency desires to carry 
out the activities described in this subpart in consortium with one or 
more surrounding local educational agencies as described in section 
4105(a)(3), such local educational agencies shall submit a single 
application as required under subsection (a).
    ``(c) Consultation.--
            ``(1) In general.--A local educational agency, or consortium 
        of such agencies, shall develop its application through 
        consultation with parents, teachers, principals, other school 
        leaders, specialized instructional support personnel, students, 
        community-based organizations, local government representatives 
        (which may include a local law enforcement agency, local 
        juvenile court, local child welfare agency, or local public 
        housing agency), Indian tribes or tribal organizations that may 
        be located in the region served by the local educational agency 
        (where applicable), charter school teachers, principals, and 
        other school leaders (if such agency or consortium of such 
        agencies supports charter schools), and others with relevant and 
        demonstrated expertise in programs and activities designed to 
        meet the purpose of this subpart.
            ``(2) Continued consultation.--The local educational agency, 
        or consortium of such agencies, shall engage in continued 
        consultation with the entities described in paragraph (1) in 
        order to improve the local activities in order to meet the 
        purpose of this subpart and to coordinate such implementation 
        with other related strategies, programs, and activities being 
        conducted in the community.

    ``(d) Needs Assessment.--
            ``(1) In general.--Except as provided in paragraph (2) and 
        prior to receiving an allocation under this subpart, a local 
        educational agency or consortium of such agencies shall conduct 
        a comprehensive needs assessment of the local educational agency 
        or agencies proposed to be served under this subpart in order to 
        examine needs for improvement of--
                    ``(A) access to, and opportunities for, a well-
                rounded education for all students;
                    ``(B) school conditions for student learning in 
                order to create a healthy and safe school environment; 
                and
                    ``(C) access to personalized learning experiences 
                supported by technology and professional development for 
                the effective use of data and technology.
            ``(2) Exception.--A local educational agency receiving an 
        allocation under section 4105(a) in an amount that is less than 
        $30,000 shall not be required to conduct a comprehensive needs 
        assessment under paragraph (1).
            ``(3) Frequency of needs assessment.--Each local educational 
        agency, or consortium of local educational agencies, shall 
        conduct the needs assessment described in paragraph (1) once 
        every 3 years.

    ``(e) Contents of Local Application.--Each application submitted 
under this section by a local educational agency, or a consortium of 
such agencies, shall include the following:
            ``(1) Descriptions.--A description of the activities and 
        programming that the local educational agency, or consortium of 
        such agencies, will carry out under this subpart, including a 
        description of--

[[Page 129 STAT. 1976]]

                    ``(A) any partnership with an institution of higher 
                education, business, nonprofit organization, community-
                based organization, or other public or private entity 
                with a demonstrated record of success in implementing 
                activities under this subpart;
                    ``(B) if applicable, how funds will be used for 
                activities related to supporting well-rounded education 
                under section 4107;
                    ``(C) if applicable, how funds will be used for 
                activities related to supporting safe and healthy 
                students under section 4108;
                    ``(D) if applicable, how funds will be used for 
                activities related to supporting the effective use of 
                technology in schools under section 4109; and
                    ``(E) the program objectives and intended outcomes 
                for activities under this subpart, and how the local 
                educational agency, or consortium of such agencies, will 
                periodically evaluate the effectiveness of the 
                activities carried out under this section based on such 
                objectives and outcomes.
            ``(2) Assurances.--Each application shall include assurances 
        that the local educational agency, or consortium of such 
        agencies, will--
                    ``(A) prioritize the distribution of funds to 
                schools served by the local educational agency, or 
                consortium of such agencies, that--
                          ``(i) are among the schools with the greatest 
                      needs, as determined by such local educational 
                      agency, or consortium;
                          ``(ii) have the highest percentages or numbers 
                      of children counted under section 1124(c);
                          ``(iii) are identified for comprehensive 
                      support and improvement under section 
                      1111(c)(4)(D)(i);
                          ``(iv) are implementing targeted support and 
                      improvement plans as described in section 
                      1111(d)(2); or
                          ``(v) are identified as a persistently 
                      dangerous public elementary school or secondary 
                      school under section 8532;
                    ``(B) comply with section 8501 (regarding equitable 
                participation by private school children and teachers);
                    ``(C) use not less than 20 percent of funds received 
                under this subpart to support one or more of the 
                activities authorized under section 4107;
                    ``(D) use not less than 20 percent of funds received 
                under this subpart to support one or more activities 
                authorized under section 4108;
                    ``(E) use a portion of funds received under this 
                subpart to support one or more activities authorized 
                under section 4109(a), including an assurance that the 
                local educational agency, or consortium of local 
                educational agencies, will comply with section 4109(b); 
                and
                    ``(F) annually report to the State for inclusion in 
                the report described in section 4104(a)(2) how funds are 
                being used under this subpart to meet the requirements 
                of subparagraphs (C) through (E).

[[Page 129 STAT. 1977]]

    ``(f) Special Rule.--Any local educational agency receiving an 
allocation under section 4105(a)(1) in an amount less than $30,000 shall 
be required to provide only one of the assurances described in 
subparagraphs (C), (D), and (E) of subsection (e)(2).
``SEC. 4107. <<NOTE: 20 USC 7117.>> ACTIVITIES TO SUPPORT WELL-
                          ROUNDED EDUCATIONAL OPPORTUNITIES.

    ``(a) In General.--Subject to section 4106(f), each local 
educational agency, or consortium of such agencies, that receives an 
allocation under section 4105(a) shall use a portion of such funds to 
develop and implement programs and activities that support access to a 
well-rounded education and that--
            ``(1) are coordinated with other schools and community-based 
        services and programs;
            ``(2) may be conducted in partnership with an institution of 
        higher education, business, nonprofit organization, community-
        based organization, or other public or private entity with a 
        demonstrated record of success in implementing activities under 
        this section; and
            ``(3) may include programs and activities, such as--
                    ``(A) college and career guidance and counseling 
                programs, such as--
                          ``(i) postsecondary education and career 
                      awareness and exploration activities;
                          ``(ii) training counselors to effectively use 
                      labor market information in assisting students 
                      with postsecondary education and career planning; 
                      and
                          ``(iii) financial literacy and Federal 
                      financial aid awareness activities;
                    ``(B) programs and activities that use music and the 
                arts as tools to support student success through the 
                promotion of constructive student engagement, problem 
                solving, and conflict resolution;
                    ``(C) programming and activities to improve 
                instruction and student engagement in science, 
                technology, engineering, and mathematics, including 
                computer science, (referred to in this section as `STEM 
                subjects') such as--
                          ``(i) increasing access for students through 
                      grade 12 who are members of groups 
                      underrepresented in such subject fields, such as 
                      female students, minority students, English 
                      learners, children with disabilities, and 
                      economically disadvantaged students, to high-
                      quality courses;
                          ``(ii) supporting the participation of low-
                      income students in nonprofit competitions related 
                      to STEM subjects (such as robotics, science 
                      research, invention, mathematics, computer 
                      science, and technology competitions);
                          ``(iii) providing hands-on learning and 
                      exposure to science, technology, engineering, and 
                      mathematics and supporting the use of field-based 
                      or service learning to enhance the students' 
                      understanding of the STEM subjects;
                          ``(iv) supporting the creation and enhancement 
                      of STEM-focused specialty schools;
                          ``(v) facilitating collaboration among school, 
                      after-school program, and informal program 
                      personnel to

[[Page 129 STAT. 1978]]

                      improve the integration of programming and 
                      instruction in the identified subjects; and
                          ``(vi) integrating other academic subjects, 
                      including the arts, into STEM subject programs to 
                      increase participation in STEM subjects, improve 
                      attainment of skills related to STEM subjects, and 
                      promote well-rounded education;
                    ``(D) efforts to raise student academic achievement 
                through accelerated learning programs described in 
                section 4104(b)(3)(A)(i)(IV), such as--
                          ``(i) reimbursing low-income students to cover 
                      part or all of the costs of accelerated learning 
                      examination fees, if the low-income students are 
                      enrolled in accelerated learning courses and plan 
                      to take accelerated learning examinations; or
                          ``(ii) increasing the availability of, and 
                      enrollment in, accelerated learning courses, 
                      accelerated learning examinations, dual or 
                      concurrent enrollment programs, and early college 
                      high school courses;
                    ``(E) activities to promote the development, 
                implementation, and strengthening of programs to teach 
                traditional American history, civics, economics, 
                geography, or government education;
                    ``(F) foreign language instruction;
                    ``(G) environmental education;
                    ``(H) programs and activities that promote 
                volunteerism and community involvement;
                    ``(I) programs and activities that support 
                educational programs that integrate multiple 
                disciplines, such as programs that combine arts and 
                mathematics; or
                    ``(J) other activities and programs to support 
                student access to, and success in, a variety of well-
                rounded education experiences.

    ``(b) Special Rule.--A local educational agency, or consortium of 
such agencies, that receives a subgrant under this subpart for fiscal 
year 2017 may use such funds to cover part or all of the fees for 
accelerated learning examinations taken by low-income students during 
the 2016-2017 school year, in accordance with subsection (a)(3)(D).
``SEC. 4108. <<NOTE: 20 USC 7118.>> ACTIVITIES TO SUPPORT SAFE AND 
                          HEALTHY STUDENTS.

    ``Subject to section 4106(f), each local educational agency, or 
consortium of such agencies, that receives an allocation under section 
4105(a) shall use a portion of such funds to develop, implement, and 
evaluate comprehensive programs and activities that--
            ``(1) are coordinated with other schools and community-based 
        services and programs;
            ``(2) foster safe, healthy, supportive, and drug-free 
        environments that support student academic achievement;
            ``(3) promote the involvement of parents in the activity or 
        program;
            ``(4) may be conducted in partnership with an institution of 
        higher education, business, nonprofit organization, community-
        based organization, or other public or private entity with a 
        demonstrated record of success in implementing activities 
        described in this section; and
            ``(5) may include, among other programs and activities--

[[Page 129 STAT. 1979]]

                    ``(A) drug and violence prevention activities and 
                programs that are evidence-based (to the extent the 
                State, in consultation with local educational agencies 
                in the State, determines that such evidence is 
                reasonably available) including--
                          ``(i) programs to educate students against the 
                      use of alcohol, tobacco, marijuana, smokeless 
                      tobacco products, and electronic cigarettes; and
                          ``(ii) professional development and training 
                      for school and specialized instructional support 
                      personnel and interested community members in 
                      prevention, education, early identification, 
                      intervention mentoring, recovery support services 
                      and, where appropriate, rehabilitation referral, 
                      as related to drug and violence prevention;
                    ``(B) in accordance with sections 4001 and 4111--
                          ``(i) school-based mental health services, 
                      including early identification of mental health 
                      symptoms, drug use, and violence, and appropriate 
                      referrals to direct individual or group counseling 
                      services, which may be provided by school-based 
                      mental health services providers; and
                          ``(ii) school-based mental health services 
                      partnership programs that--
                                    ``(I) are conducted in partnership 
                                with a public or private mental health 
                                entity or health care entity; and
                                    ``(II) provide comprehensive school-
                                based mental health services and 
                                supports and staff development for 
                                school and community personnel working 
                                in the school that are--
                                            ``(aa) based on trauma-
                                        informed practices that are 
                                        evidence-based (to the extent 
                                        the State, in consultation with 
                                        local educational agencies in 
                                        the State, determines that such 
                                        evidence is reasonably 
                                        available);
                                            ``(bb) coordinated (where 
                                        appropriate) with early 
                                        intervening services provided 
                                        under the Individuals with 
                                        Disabilities Education Act (20 
                                        U.S.C. 1400 et seq.); and
                                            ``(cc) provided by qualified 
                                        mental and behavioral health 
                                        professionals who are certified 
                                        or licensed by the State 
                                        involved and practicing within 
                                        their area of expertise;
                    ``(C) programs or activities that--
                          ``(i) integrate health and safety practices 
                      into school or athletic programs;
                          ``(ii) support a healthy, active lifestyle, 
                      including nutritional education and regular, 
                      structured physical education activities and 
                      programs, that may address chronic disease 
                      management with instruction led by school nurses, 
                      nurse practitioners, or other appropriate 
                      specialists or professionals to help maintain the 
                      well-being of students;
                          ``(iii) help prevent bullying and harassment;

[[Page 129 STAT. 1980]]

                          ``(iv) improve instructional practices for 
                      developing relationship-building skills, such as 
                      effective communication, and improve safety 
                      through the recognition and prevention of 
                      coercion, violence, or abuse, including teen and 
                      dating violence, stalking, domestic abuse, and 
                      sexual violence and harassment;
                          ``(v) provide mentoring and school counseling 
                      to all students, including children who are at 
                      risk of academic failure, dropping out of school, 
                      involvement in criminal or delinquent activities, 
                      or drug use and abuse;
                          ``(vi) establish or improve school dropout and 
                      re-entry programs; or
                          ``(vii) establish learning environments and 
                      enhance students' effective learning skills that 
                      are essential for school readiness and academic 
                      success, such as by providing integrated systems 
                      of student and family supports;
                    ``(D) high-quality training for school personnel, 
                including specialized instructional support personnel, 
                related to--
                          ``(i) suicide prevention;
                          ``(ii) effective and trauma-informed practices 
                      in classroom management;
                          ``(iii) crisis management and conflict 
                      resolution techniques;
                          ``(iv) human trafficking (defined, for 
                      purposes of this subparagraph, as an act or 
                      practice described in paragraph (9) or (10) of 
                      section 103 of the Trafficking Victims Protection 
                      Act of 2000 (22 U.S.C. 7102));
                          ``(v) school-based violence prevention 
                      strategies;
                          ``(vi) drug abuse prevention, including 
                      educating children facing substance abuse at home; 
                      and
                          ``(vii) bullying and harassment prevention;
                    ``(E) in accordance with sections 4001 and 4111, 
                child sexual abuse awareness and prevention programs or 
                activities, such as programs or activities designed to 
                provide--
                          ``(i) age-appropriate and developmentally-
                      appropriate instruction for students in child 
                      sexual abuse awareness and prevention, including 
                      how to recognize child sexual abuse and how to 
                      safely report child sexual abuse; and
                          ``(ii) information to parents and guardians of 
                      students about child sexual abuse awareness and 
                      prevention, including how to recognize child 
                      sexual abuse and how to discuss child sexual abuse 
                      with a child;
                    ``(F) designing and implementing a locally-tailored 
                plan to reduce exclusionary discipline practices in 
                elementary and secondary schools that--
                          ``(i) is consistent with best practices;
                          ``(ii) includes strategies that are evidence-
                      based (to the extent the State, in consultation 
                      with local educational agencies in the State, 
                      determines that such evidence is reasonably 
                      available); and

[[Page 129 STAT. 1981]]

                          ``(iii) is aligned with the long-term goal of 
                      prison reduction through opportunities, mentoring, 
                      intervention, support, and other education 
                      services, referred to as a `youth PROMISE plan'; 
                      or
                    ``(G) implementation of schoolwide positive 
                behavioral interventions and supports, including through 
                coordination with similar activities carried out under 
                the Individuals with Disabilities Education Act (20 
                U.S.C. 1400 et seq.), in order to improve academic 
                outcomes and school conditions for student learning;
                    ``(H) designating a site resource coordinator at a 
                school or local educational agency to provide a variety 
                of services, such as--
                          ``(i) establishing partnerships within the 
                      community to provide resources and support for 
                      schools;
                          ``(ii) ensuring that all service and community 
                      partners are aligned with the academic 
                      expectations of a community school in order to 
                      improve student success; and
                          ``(iii) strengthening relationships between 
                      schools and communities; or
                    ``(I) pay for success initiatives aligned with the 
                purposes of this section.
``SEC. 4109. <<NOTE: 20 USC 7119.>> ACTIVITIES TO SUPPORT THE 
                          EFFECTIVE USE OF TECHNOLOGY.

    ``(a) Uses of Funds.--Subject to section 4106(f), each local 
educational agency, or consortium of such agencies, that receives an 
allocation under section 4015(a) shall use a portion of such funds to 
improve the use of technology to improve the academic achievement, 
academic growth, and digital literacy of all students, including by 
meeting the needs of such agency or consortium that are identified in 
the needs assessment conducted under section 4106(d) (if applicable), 
which may include--
            ``(1) providing educators, school leaders, and 
        administrators with the professional learning tools, devices, 
        content, and resources to--
                    ``(A) personalize learning to improve student 
                academic achievement;
                    ``(B) discover, adapt, and share relevant high-
                quality educational resources;
                    ``(C) use technology effectively in the classroom, 
                including by administering computer-based assessments 
                and blended learning strategies; and
                    ``(D) implement and support school- and district-
                wide approaches for using technology to inform 
                instruction, support teacher collaboration, and 
                personalize learning;
            ``(2) building technological capacity and infrastructure, 
        which may include--
                    ``(A) procuring content and ensuring content 
                quality; and
                    ``(B) purchasing devices, equipment, and software 
                applications in order to address readiness shortfalls;
            ``(3) developing or using effective or innovative strategies 
        for the delivery of specialized or rigorous academic courses and 
        curricula through the use of technology, including digital 
        learning technologies and assistive technology;

[[Page 129 STAT. 1982]]

            ``(4) carrying out blended learning projects, which shall 
        include--
                    ``(A) planning activities, which may include 
                development of new instructional models (including 
                blended learning technology software and platforms), the 
                purchase of digital instructional resources, initial 
                professional development activities, and one-time 
                information technology purchases, except that such 
                expenditures may not include expenditures related to 
                significant construction or renovation of facilities; or
                    ``(B) ongoing professional development for teachers, 
                principals, other school leaders, or other personnel 
                involved in the project that is designed to support the 
                implementation and academic success of the project;
            ``(5) providing professional development in the use of 
        technology (which may be provided through partnerships with 
        outside organizations) to enable teachers and instructional 
        leaders to increase student achievement in the areas of science, 
        technology, engineering, and mathematics, including computer 
        science; and
            ``(6) providing students in rural, remote, and underserved 
        areas with the resources to take advantage of high-quality 
        digital learning experiences, digital resources, and access to 
        online courses taught by effective educators.

    ``(b) Special Rule.--A local educational agency, or consortium of 
such agencies, shall not use more than 15 percent of funds for 
purchasing technology infrastructure as described in subsection 
(a)(2)(B), which shall include technology infrastructure purchased for 
the activities under subsection (a)(4)(A).
``SEC. 4110. <<NOTE: 20 USC 7120.>> SUPPLEMENT, NOT SUPPLANT.

    ``Funds made available under this subpart shall be used to 
supplement, and not supplant, non-Federal funds that would otherwise be 
used for activities authorized under this subpart.
``SEC. 4111. <<NOTE: 20 USC 7121.>> RULE OF CONSTRUCTION.

    ``Nothing in this subpart may be construed to--
            ``(1) authorize activities or programming that encourages 
        teenage sexual activity; or
            ``(2) prohibit effective activities or programming that meet 
        the requirements of section 8526.
``SEC. 4112. <<NOTE: 20 USC 7122.>> AUTHORIZATION OF 
                          APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry 
out this subpart $1,650,000,000 for fiscal year 2017 and $1,600,000,000 
for each of fiscal years 2018 through 2020.
    ``(b) Forward Funding.--Section 420 of the General Education 
Provisions Act (20 U.S.C. 1223) shall apply to this subpart.''.

             PART B--21ST CENTURY COMMUNITY LEARNING CENTERS

SEC. 4201. 21ST CENTURY COMMUNITY LEARNING CENTERS.

    (a) Program Authorized.--Part B of title IV (20 U.S.C. 7171 et seq.) 
is amended to read as follows:

[[Page 129 STAT. 1983]]

            ``PART B--21ST CENTURY COMMUNITY LEARNING CENTERS

``SEC. 4201. PURPOSE; DEFINITIONS.

    ``(a) Purpose.--The purpose of this part is to provide opportunities 
for communities to establish or expand activities in community learning 
centers that--
            ``(1) provide opportunities for academic enrichment, 
        including providing tutorial services to help students, 
        particularly students who attend low-performing schools, to meet 
        the challenging State academic standards;
            ``(2) offer students a broad array of additional services, 
        programs, and activities, such as youth development activities, 
        service learning, nutrition and health education, drug and 
        violence prevention programs, counseling programs, arts, music, 
        physical fitness and wellness programs, technology education 
        programs, financial literacy programs, environmental literacy 
        programs, mathematics, science, career and technical programs, 
        internship or apprenticeship programs, and other ties to an 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 the challenging State 
                academic standards by providing the students with 
                academic enrichment activities and a broad array of 
                other activities (such as programs and activities 
                described in subsection (a)(2)) during nonschool hours 
                or periods when school is not in session (such as before 
                and after school or during summer recess) that--
                          ``(i) reinforce and complement the regular 
                      academic programs of the schools attended by the 
                      students served; and
                          ``(ii) are targeted to the students' academic 
                      needs and aligned with the instruction students 
                      receive during the school day; and
                    ``(B) offers families of students served by such 
                center opportunities for active and meaningful 
                engagement in their children's education, including 
                opportunities for literacy and related educational 
                development.
            ``(2) Covered program.--The term `covered program' means a 
        program for which--
                    ``(A) the Secretary made a grant under this part (as 
                this part was in effect on the day before the effective 
                date of this part under the Every Student Succeeds Act); 
                and
                    ``(B) the grant period had not ended on that 
                effective date.
            ``(3) Eligible entity.--The term `eligible entity' means a 
        local educational agency, community-based organization, Indian

[[Page 129 STAT. 1984]]

        tribe or tribal organization (as such terms are defined in 
        section 4 of the Indian Self-Determination and Education Act (25 
        U.S.C. 450b)), another public or private entity, or a consortium 
        of 2 or more such agencies, organizations, or entities.
            ``(4) External organization.--The term `external 
        organization' means--
                    ``(A) a nonprofit organization with a record of 
                success in running or working with before and after 
                school (or summer recess) programs and activities; or
                    ``(B) in the case of a community where there is no 
                such organization, a nonprofit organization in the 
                community that enters into a written agreement or 
                partnership with an organization described in 
                subparagraph (A) to receive mentoring and guidance in 
                running or working with before and after school (or 
                summer recess) programs and activities.
            ``(5) Rigorous peer-review process.--The term `rigorous 
        peer-review process' means a process by which--
                    ``(A) employees of a State educational agency who 
                are familiar with the programs and activities assisted 
                under this part review all applications that the State 
                receives for awards under this part for completeness and 
                applicant eligibility;
                    ``(B) the State educational agency selects peer 
                reviewers for such applications, who shall--
                          ``(i) be selected for their expertise in 
                      providing effective academic, enrichment, youth 
                      development, and related services to children; and
                          ``(ii) not include any applicant, or 
                      representative of an applicant, that has submitted 
                      an application under this part for the current 
                      application period; and
                    ``(C) the peer reviewers described in subparagraph 
                (B) review and rate the applications to determine the 
                extent to which the applications meet the requirements 
                under sections 4204(b) and 4205.
            ``(6) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 4202. ALLOTMENTS TO STATES.

    ``(a) Reservation.--From the funds appropriated under section 4206 
for any fiscal year, the Secretary shall reserve--
            ``(1) such amounts as may be necessary to make continuation 
        awards to subgrant recipients under covered programs (under the 
        terms of those grants);
            ``(2) not more than 1 percent for national activities, which 
        the Secretary may carry out directly or through grants and 
        contracts, such as providing technical assistance to eligible 
        entities carrying out programs under this part or conducting a 
        national evaluation; and
            ``(3) not more than 1 percent for payments to the outlying 
        areas and the Bureau of Indian Education, to be allotted in 
        accordance with their respective needs for assistance under this 
        part, as determined by the Secretary, to enable the outlying 
        areas and the Bureau to carry out the purpose of this part.

    ``(b) State Allotments.--

[[Page 129 STAT. 1985]]

            ``(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 subgrant applications described in 
                section 4204(b) (including consultation with the 
                Governor and other State agencies responsible for 
                administering youth development programs and adult 
                learning activities); and
                    ``(C) awarding of funds to eligible entities (in 
                consultation with the Governor and other State agencies 
                responsible for administering youth development programs 
                and adult learning activities).
            ``(3) State activities.--A State educational agency may use 
        not more than 5 percent of the amount made available to the 
        State under subsection (b) for the following activities:
                    ``(A) Monitoring and evaluating programs and 
                activities assisted under this part.
                    ``(B) Providing capacity building, training, and 
                technical assistance under this part.
                    ``(C) Conducting a comprehensive evaluation 
                (directly, or through a grant or contract) of the 
                effectiveness of programs and activities assisted under 
                this part.
                    ``(D) Providing training and technical assistance to 
                eligible entities that are applicants for or recipients 
                of awards under this part.
                    ``(E) Ensuring that any eligible entity that 
                receives an award under this part from the State aligns 
                the activities provided by the program with the 
                challenging State academic standards.
                    ``(F) Ensuring that any such eligible entity 
                identifies and partners with external organizations, if 
                available, in the community.
                    ``(G) Working with teachers, principals, parents, 
                the local workforce, the local community, and other 
                stakeholders to review and improve State policies and 
                practices

[[Page 129 STAT. 1986]]

                to support the implementation of effective programs 
                under this part.
                    ``(H) Coordinating funds received under this part 
                with other Federal and State funds to implement high-
                quality programs.
                    ``(I) Providing a list of prescreened external 
                organizations, as described under section 4203(a)(11).
``SEC. 4203. STATE APPLICATION.

    ``(a) In General.--In order to receive an allotment under section 
4202 for any fiscal year, a State shall submit to the Secretary, at such 
time as the Secretary may require, an application that--
            ``(1) designates the State educational agency as the agency 
        responsible for the administration and supervision of programs 
        assisted under this part;
            ``(2) describes how the State educational agency will use 
        funds received under this part, including funds reserved for 
        State-level activities;
            ``(3) contains an assurance that the State educational 
        agency--
                    ``(A) will make awards under this part to eligible 
                entities that serve--
                          ``(i) students who primarily attend--
                                    ``(I) schools implementing 
                                comprehensive support and improvement 
                                activities or targeted support and 
                                improvement activities under section 
                                1111(d); and
                                    ``(II) other schools determined by 
                                the local educational agency to be in 
                                need of intervention and support; and
                          ``(ii) the families of such students; and
                    ``(B) will further give priority to eligible 
                entities that propose in the application to serve 
                students described in subclauses (I) and (II) of section 
                4204(i)(1)(A)(i);
            ``(4) describes the procedures and criteria the State 
        educational agency will use for reviewing applications and 
        awarding funds to eligible entities on a competitive basis, 
        which shall include procedures and criteria that take into 
        consideration the likelihood that a proposed community learning 
        center will help participating students meet the challenging 
        State academic standards and any local academic standards;
            ``(5) describes how the State educational agency will ensure 
        that awards made under this part are--
                    ``(A) of sufficient size and scope to support high-
                quality, effective programs that are consistent with the 
                purpose of this part; and
                    ``(B) in amounts that are consistent with section 
                4204(h);
            ``(6) describes the steps the State educational agency will 
        take to ensure that programs implement effective strategies, 
        including providing ongoing technical assistance and training, 
        evaluation, dissemination of promising practices, and 
        coordination of professional development for staff in specific 
        content areas and youth development;
            ``(7) describes how programs under this part will be 
        coordinated with programs under this Act, and other programs as 
        appropriate;

[[Page 129 STAT. 1987]]

            ``(8) contains an assurance that the State educational 
        agency--
                    ``(A) will make awards for programs for a period of 
                not less than 3 years and not more than 5 years; and
                    ``(B) will require each eligible entity seeking such 
                an award to submit a plan describing how the activities 
                to be funded through the award will continue after 
                funding under this part ends;
            ``(9) contains an assurance that funds appropriated to carry 
        out this part will be used to supplement, and not supplant, 
        other Federal, State, and local public funds expended to provide 
        programs and activities authorized under this part and other 
        similar programs;
            ``(10) contains an assurance that the State educational 
        agency will require eligible entities to describe in their 
        applications under section 4204(b) how the transportation needs 
        of participating students will be addressed;
            ``(11) describes how the State will--
                    ``(A) prescreen external organizations that could 
                provide assistance in carrying out the activities under 
                this part; and
                    ``(B) develop and make available to eligible 
                entities a list of external organizations that 
                successfully completed the prescreening process;
            ``(12) provides--
                    ``(A) an assurance that the application was 
                developed in consultation and coordination with 
                appropriate State officials, including the chief State 
                school officer, and other State agencies administering 
                before and after school (or summer recess) programs and 
                activities, the heads of the State health and mental 
                health agencies or their designees, statewide after-
                school networks (where applicable) and representatives 
                of teachers, local educational agencies, and community-
                based organizations; and
                    ``(B) a description of any other representatives of 
                teachers, parents, students, or the business community 
                that the State has selected to assist in the development 
                of the application, if applicable;
            ``(13) describes the results of the State's needs and 
        resources assessment for before and after school (or summer 
        recess) programs and activities, which shall be based on the 
        results of on-going State evaluation activities;
            ``(14) describes how the State educational agency will 
        evaluate the effectiveness of programs and activities carried 
        out under this part, which shall include, at a minimum--
                    ``(A) a description of the performance indicators 
                and performance measures that will be used to evaluate 
                programs and activities with emphasis on alignment with 
                the regular academic program of the school and the 
                academic needs of participating students, including 
                performance indicators and measures that--
                          ``(i) are able to track student success and 
                      improvement over time;
                          ``(ii) include State assessment results and 
                      other indicators of student success and 
                      improvement, such as improved attendance during 
                      the school day, better classroom grades, regular 
                      (or consistent) program

[[Page 129 STAT. 1988]]

                      attendance, and on-time advancement to the next 
                      grade level; and
                          ``(iii) for high school students, may include 
                      indicators such as career competencies, successful 
                      completion of internships or apprenticeships, or 
                      work-based learning opportunities;
                    ``(B) a description of how data collected for the 
                purposes of subparagraph (A) will be collected; and
                    ``(C) public dissemination of the evaluations of 
                programs and activities carried out under this part; and
            ``(15) provides for timely public notice of intent to file 
        an application and an assurance that the application will be 
        available for public review after submission.

    ``(b) Deemed Approval.--An application submitted by a State 
educational agency pursuant to subsection (a) shall be deemed to be 
approved by the Secretary unless the Secretary makes a written 
determination, prior to the expiration of the 120-day period beginning 
on the date on which the Secretary received the application, that the 
application is not in compliance with this part.
    ``(c) Disapproval.--The Secretary shall not finally disapprove the 
application, except after giving the State educational agency notice and 
an opportunity for a hearing.
    ``(d) Notification.--If the Secretary finds that the application is 
not in compliance, in whole or in part, with this part, the Secretary 
shall--
            ``(1) give the State educational agency notice and an 
        opportunity for a hearing; and
            ``(2) notify the State educational agency of the finding of 
        noncompliance and, in such notification--
                    ``(A) cite the specific provisions in the 
                application that are not in compliance; and
                    ``(B) request additional information, only as to the 
                noncompliant provisions, needed to make the application 
                compliant.

    ``(e) Response.--If the State educational agency responds to the 
Secretary's notification described in subsection (d)(2) during the 45-
day period beginning on the date on which the agency received the 
notification, and resubmits the application with the requested 
information described in subsection (d)(2)(B), the Secretary shall 
approve or disapprove such application prior to the later of--
            ``(1) the expiration of the 45-day period beginning on the 
        date on which the application is resubmitted; or
            ``(2) the expiration of the 120-day period described in 
        subsection (b).

    ``(f) Failure to Respond.--If the State educational agency does not 
respond to the Secretary's notification described in subsection (d)(2) 
during the 45-day period beginning on the date on which the agency 
received the notification, such application shall be deemed to be 
disapproved.
    ``(g) Limitation.--The Secretary may not give a priority or a 
preference for States or eligible entities that seek to use funds made 
available under this part to extend the regular school day.
``SEC. 4204. LOCAL COMPETITIVE SUBGRANT PROGRAM.

    ``(a) In General.--

[[Page 129 STAT. 1989]]

            ``(1) Community learning centers.--A State that receives 
        funds under this part for a fiscal year shall provide the amount 
        made available under section 4202(c)(1) to award subgrants to 
        eligible entities for community learning centers in accordance 
        with this part.
            ``(2) Expanded learning program activities.--A State that 
        receives funds under this part for a fiscal year may use funds 
        under section 4202(c)(1) to support those enrichment and 
        engaging academic activities described in section 4205(a) that--
                    ``(A) are included as part of an expanded learning 
                program that provides students at least 300 additional 
                program hours before, during, or after the traditional 
                school day;
                    ``(B) supplement but do not supplant regular school 
                day requirements; and
                    ``(C) are carried out by entities that meet the 
                requirements of subsection (i).

    ``(b) Application.--
            ``(1) In general.--To be eligible to receive a subgrant 
        under this part, an eligible entity shall submit an application 
        to the State educational agency at such time, in such manner, 
        and including such information as the State educational agency 
        may reasonably require.
            ``(2) Contents.--Each application submitted under paragraph 
        (1) shall include--
                    ``(A) a description of the activities to be funded, 
                including--
                          ``(i) an assurance that the program will take 
                      place in a safe and easily accessible facility;
                          ``(ii) a description of how students 
                      participating in the program carried out by the 
                      community learning center will travel safely to 
                      and from the center and home, if applicable; and
                          ``(iii) a description of how the eligible 
                      entity will disseminate information about the 
                      community learning center (including its location) 
                      to the community in a manner that is 
                      understandable and accessible;
                    ``(B) a description of how such activities are 
                expected to improve student academic achievement as well 
                as overall student success;
                    ``(C) a demonstration of how the proposed program 
                will coordinate Federal, State, and local programs and 
                make the most effective use of public resources;
                    ``(D) an assurance that the proposed program was 
                developed and will be carried out--
                          ``(i) in active collaboration with the schools 
                      that participating students attend (including 
                      through the sharing of relevant data among the 
                      schools), all participants of the eligible entity, 
                      and any partnership entities described in 
                      subparagraph (H), in compliance with applicable 
                      laws relating to privacy and confidentiality; and
                          ``(ii) in alignment with the challenging State 
                      academic standards and any local academic 
                      standards;
                    ``(E) a description of how the activities will meet 
                the measures of effectiveness described in section 
                4205(b);

[[Page 129 STAT. 1990]]

                    ``(F) an assurance that the program will target 
                students who primarily attend schools eligible for 
                schoolwide programs under section 1114 and the families 
                of such students;
                    ``(G) an assurance that subgrant funds under this 
                part will be used to increase the level of State, local, 
                and other non-Federal funds that would, in the absence 
                of funds under this part, be made available for programs 
                and activities authorized under this part, and in no 
                case supplant Federal, State, local, or non-Federal 
                funds;
                    ``(H) a description of the partnership between a 
                local educational agency, a community-based 
                organization, and another public entity or private 
                entity, if appropriate;
                    ``(I) an evaluation of the community needs and 
                available resources for the community learning center, 
                and a description of how the program proposed to be 
                carried out in the center will address those needs 
                (including the needs of working families);
                    ``(J) a demonstration that the eligible entity will 
                use best practices, including research or evidence-based 
                practices, to provide educational and related activities 
                that will complement and enhance academic performance, 
                achievement, postsecondary and workforce preparation, 
                and positive youth development of the students;
                    ``(K) a description of a preliminary plan for how 
                the community learning center will continue after 
                funding under this part ends;
                    ``(L) an assurance that the community will be given 
                notice of an intent to submit an application and that 
                the application and any waiver request will be available 
                for public review after submission of the application;
                    ``(M) if the eligible entity plans to use volunteers 
                in activities carried out through the community learning 
                center, a description of how the eligible entity will 
                encourage and use appropriately qualified persons to 
                serve as the volunteers; and
                    ``(N) such other information and assurances as the 
                State educational agency may reasonably require.

    ``(c) Approval of Certain Applications.--The State educational 
agency may approve an application under this part for a program to be 
located in a facility other than an elementary school or secondary 
school only if the program will be at least as available and accessible 
to the students to be served as if the program were located in an 
elementary school or secondary school.
    ``(d) Permissive Local Match.--
            ``(1) In general.--A State educational agency may require an 
        eligible entity to match subgrant funds awarded under this part, 
        except that such match may not exceed the amount of the subgrant 
        and may not be derived from other Federal or State funds.
            ``(2) Sliding scale.--The amount of a match under paragraph 
        (1) shall be established based on a sliding scale that takes 
        into account--
                    ``(A) the relative poverty of the population to be 
                targeted by the eligible entity; and
                    ``(B) the ability of the eligible entity to obtain 
                such matching funds.

[[Page 129 STAT. 1991]]

            ``(3) In-kind contributions.--Each State educational agency 
        that requires an eligible entity to match funds under this 
        subsection shall permit the eligible entity to provide all or 
        any portion of such match in the form of in-kind contributions.
            ``(4) Consideration.--Notwithstanding this subsection, a 
        State educational agency shall not consider an eligible entity's 
        ability to match funds when determining which eligible entities 
        will receive subgrants under this part.

    ``(e) Peer Review.--In reviewing local applications under this part, 
a State educational agency shall use a rigorous peer-review process or 
other methods to ensure the quality of funded projects.
    ``(f) Geographic Diversity.--To the extent practicable, a State 
educational agency shall distribute subgrant funds under this part 
equitably among geographic areas within the State, including urban and 
rural communities.
    ``(g) Duration of Awards.--A subgrant awarded under this part shall 
be awarded for a period of not less than 3 years and not more than 5 
years.
    ``(h) Amount of Awards.--A subgrant awarded under this part may not 
be made in an amount that is less than $50,000.
    ``(i) Priority.--
            ``(1) In general.--In awarding subgrants under this part, a 
        State educational agency shall give priority to applications--
                    ``(A) proposing to target services to--
                          ``(i) students who primarily attend schools 
                      that--
                                    ``(I) are implementing comprehensive 
                                support and improvement activities or 
                                targeted support and improvement 
                                activities under section 1111(d) or 
                                other schools determined by the local 
                                educational agency to be in need of 
                                intervention and support to improve 
                                student academic achievement and other 
                                outcomes; and
                                    ``(II) enroll students who may be at 
                                risk for academic failure, dropping out 
                                of school, involvement in criminal or 
                                delinquent activities, or who lack 
                                strong positive role models; and
                          ``(ii) the families of students described in 
                      clause (i);
                    ``(B) submitted jointly by eligible entities 
                consisting of not less than 1--
                          ``(i) local educational agency receiving funds 
                      under part A of title I; and
                          ``(ii) another eligible entity; and
                    ``(C) demonstrating that the activities proposed in 
                the application--
                          ``(i) are, as of the date of the submission of 
                      the application, not accessible to students who 
                      would be served; or
                          ``(ii) would expand accessibility to high-
                      quality services that may be available in the 
                      community.
            ``(2) Special rule.--The State educational agency shall 
        provide the same priority under paragraph (1) to an application 
        submitted by a local educational agency if the local educational 
        agency demonstrates that it is unable to partner with a 
        community-based organization in reasonable geographic proximity 
        and of sufficient quality to meet the requirements of this part.

[[Page 129 STAT. 1992]]

            ``(3) Limitation.--A State educational agency may not give a 
        priority or a preference to eligible entities that seek to use 
        funds made available under this part to extend the regular 
        school day.

    ``(j) Renewability of Awards.--A State educational agency may renew 
a subgrant provided under this part to an eligible entity, based on the 
eligible entity's performance during the preceding subgrant period.
``SEC. 4205. LOCAL ACTIVITIES.

    ``(a) Authorized Activities.--Each eligible entity that receives an 
award under section 4204 may use the award funds to carry out a broad 
array of activities that advance student academic achievement and 
support student success, including--
            ``(1) academic enrichment learning programs, mentoring 
        programs, remedial education activities, and tutoring services, 
        that are aligned with--
                    ``(A) the challenging State academic standards and 
                any local academic standards; and
                    ``(B) local curricula that are designed to improve 
                student academic achievement;
            ``(2) well-rounded education activities, including such 
        activities that enable students to be eligible for credit 
        recovery or attainment;
            ``(3) literacy education programs, including financial 
        literacy programs and environmental literacy programs;
            ``(4) programs that support a healthy and active lifestyle, 
        including nutritional education and regular, structured physical 
        activity programs;
            ``(5) services for individuals with disabilities;
            ``(6) programs that provide after-school activities for 
        students who are English learners that emphasize language skills 
        and academic achievement;
            ``(7) cultural programs;
            ``(8) telecommunications and technology education programs;
            ``(9) expanded library service hours;
            ``(10) parenting skills programs that promote parental 
        involvement and family literacy;
            ``(11) programs that provide assistance to students who have 
        been truant, suspended, or expelled to allow the students to 
        improve their academic achievement;
            ``(12) drug and violence prevention programs and counseling 
        programs;
            ``(13) programs that build skills in science, technology, 
        engineering, and mathematics (referred to in this paragraph as 
        `STEM'), including computer science, and that foster innovation 
        in learning by supporting nontraditional STEM education teaching 
        methods; and
            ``(14) programs that partner with in-demand fields of the 
        local workforce or build career competencies and career 
        readiness and ensure that local workforce and career readiness 
        skills are aligned with the Carl D. Perkins Career and Technical 
        Education Act of 2006 (20 U.S.C. 2301 et seq.) and the Workforce 
        Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).

    ``(b) Measures of Effectiveness.--

[[Page 129 STAT. 1993]]

            ``(1) In general.--For a program or activity developed 
        pursuant to this part to meet the measures of effectiveness, 
        monitored by the State educational agency as described in 
        section 4203(a)(14), such program or activity shall--
                    ``(A) be based upon an assessment of objective data 
                regarding the need for before and after school (or 
                summer recess) programs and activities in the schools 
                and communities;
                    ``(B) be based upon an established set of 
                performance measures aimed at ensuring the availability 
                of high-quality academic enrichment opportunities;
                    ``(C) if appropriate, be based upon evidence-based 
                research that the program or activity will help students 
                meet the challenging State academic standards and any 
                local academic standards;
                    ``(D) ensure that measures of student success align 
                with the regular academic program of the school and the 
                academic needs of participating students and include 
                performance indicators and measures described in section 
                4203(a)(14)(A); and
                    ``(E) collect the data necessary for the measures of 
                student success described in subparagraph (D).
            ``(2) Periodic evaluation.--
                    ``(A) In general.--The program or activity shall 
                undergo a periodic evaluation in conjunction with the 
                State educational agency's overall evaluation plan as 
                described in section 4203(a)(14), to assess the 
                program's progress toward achieving the goal of 
                providing high-quality opportunities for academic 
                enrichment and overall student success.
                    ``(B) Use of results.--The results of evaluations 
                under subparagraph (A) shall be--
                          ``(i) used to refine, improve, and strengthen 
                      the program or activity, and to refine the 
                      performance measures;
                          ``(ii) made available to the public upon 
                      request, with public notice of such availability 
                      provided; and
                          ``(iii) used by the State to determine whether 
                      a subgrant is eligible to be renewed under section 
                      4204(j).
``SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
$1,000,000,000 for fiscal year 2017 and $1,100,000,000 for each of 
fiscal years 2018 through 2020.''.

      PART C--EXPANDING OPPORTUNITY THROUGH QUALITY CHARTER SCHOOLS

SEC. 4301. CHARTER SCHOOLS.

    Part C of title IV (20 U.S.C. 7221 et seq.), as redesignated by 
section 4001, is amended--
            (1) by striking sections <<NOTE: 20 USC 7221, 7221a-
        7221d.>> 4301 through 4305, as redesignated by section 4001, and 
        inserting the following:
``SEC. 4301. <<NOTE: 20 USC 7221.>> PURPOSE.

    ``It is the purpose of this part to--

[[Page 129 STAT. 1994]]

            ``(1) improve the United States education system and 
        education opportunities for all people in the United States by 
        supporting innovation in public education in public school 
        settings that prepare students to compete and contribute to the 
        global economy and a stronger Nation;
            ``(2) provide financial assistance for the planning, program 
        design, and initial implementation of charter schools;
            ``(3) increase the number of high-quality charter schools 
        available to students across the United States;
            ``(4) evaluate the impact of charter schools on student 
        achievement, families, and communities, and share best practices 
        between charter schools and other public schools;
            ``(5) encourage States to provide support to charter schools 
        for facilities financing in an amount more nearly commensurate 
        to the amount States typically provide for traditional public 
        schools;
            ``(6) expand opportunities for children with disabilities, 
        English learners, and other traditionally underserved students 
        to attend charter schools and meet the challenging State 
        academic standards;
            ``(7) support efforts to strengthen the charter school 
        authorizing process to improve performance management, including 
        transparency, oversight and monitoring (including financial 
        audits), and evaluation of such schools; and
            ``(8) support quality, accountability, and transparency in 
        the operational performance of all authorized public chartering 
        agencies, including State educational agencies, local 
        educational agencies, and other authorizing entities.
``SEC. 4302. <<NOTE: 20 USC 7221a.>> PROGRAM AUTHORIZED.

    ``(a) In General.--The Secretary may carry out a charter school 
program that supports charter schools that serve early childhood, 
elementary school, or secondary school students by--
            ``(1) supporting the startup of new charter schools, the 
        replication of high-quality charter schools, and the expansion 
        of high-quality charter schools;
            ``(2) assisting charter schools in accessing credit to 
        acquire and renovate facilities for school use; and
            ``(3) carrying out national activities to support--
                    ``(A) the activities described in paragraph (1);
                    ``(B) the dissemination of best practices of charter 
                schools for all schools;
                    ``(C) the evaluation of the impact of the charter 
                school program under this part on schools participating 
                in such program; and
                    ``(D) stronger charter school authorizing practices.

    ``(b) Funding Allotment.--From the amount made available under 
section 4311 for a fiscal year, the Secretary shall--
            ``(1) reserve 12.5 percent to support charter school 
        facilities assistance under section 4304;
            ``(2) reserve 22.5 percent to carry out national activities 
        under section 4305; and
            ``(3) use the remaining amount after the reservations under 
        paragraphs (1) and (2) to carry out section 4303.

    ``(c) Prior Grants and Subgrants.--The recipient of a grant or 
subgrant under part B of title V (as such part was in effect on the day 
before the date of enactment of the Every Student

[[Page 129 STAT. 1995]]

Succeeds Act) shall continue to receive funds in accordance with the 
terms and conditions of such grant or subgrant.
``SEC. 4303. <<NOTE: 20 USC 7221b.>> GRANTS TO SUPPORT HIGH-
                          QUALITY CHARTER SCHOOLS.

    ``(a) State Entity Defined.--For purposes of this section, the term 
`State entity' means--
            ``(1) a State educational agency;
            ``(2) a State charter school board;
            ``(3) a Governor of a State; or
            ``(4) a charter school support organization.

    ``(b) Program Authorized.--From the amount available under section 
4302(b)(3), the Secretary shall award, on a competitive basis, grants to 
State entities having applications approved under subsection (f) to 
enable such entities to--
            ``(1) award subgrants to eligible applicants to enable 
        eligible applicants to--
                    ``(A) open and prepare for the operation of new 
                charter schools;
                    ``(B) open and prepare for the operation of 
                replicated high-quality charter schools; or
                    ``(C) expand high-quality charter schools; and
            ``(2) provide technical assistance to eligible applicants 
        and authorized public chartering agencies in carrying out the 
        activities described in paragraph (1), and work with authorized 
        public chartering agencies in the State to improve authorizing 
        quality, including developing capacity for, and conducting, 
        fiscal oversight and auditing of charter schools.

    ``(c) State Entity Uses of Funds.--
            ``(1) In general.--A State entity receiving a grant under 
        this section shall--
                    ``(A) use not less than 90 percent of the grant 
                funds to award subgrants to eligible applicants, in 
                accordance with the quality charter school program 
                described in the State entity's application pursuant to 
                subsection (f), for the purposes described in subsection 
                (b)(1);
                    ``(B) reserve not less than 7 percent of such funds 
                to carry out the activities described in subsection 
                (b)(2); and
                    ``(C) reserve not more than 3 percent of such funds 
                for administrative costs, which may include technical 
                assistance.
            ``(2) Contracts and grants.--A State entity may use a grant 
        received under this section to carry out the activities 
        described in subsection (b)(2) directly or through grants, 
        contracts, or cooperative agreements.
            ``(3) Rule of construction.--
                    ``(A) Use of lottery.--Nothing in this Act shall 
                prohibit the Secretary from awarding grants to State 
                entities, or prohibit State entities from awarding 
                subgrants to eligible applicants, that use a weighted 
                lottery to give slightly better chances for admission to 
                all, or a subset of, educationally disadvantaged 
                students if--
                          ``(i) the use of weighted lotteries in favor 
                      of such students is not prohibited by State law, 
                      and such State law is consistent with laws 
                      described in section 4310(2)(G); and

[[Page 129 STAT. 1996]]

                          ``(ii) such weighted lotteries are not used 
                      for the purpose of creating schools exclusively to 
                      serve a particular subset of students.
                    ``(B) Students with special needs.--Nothing in this 
                paragraph shall be construed to prohibit schools from 
                specializing in providing specific services for students 
                with a demonstrated need for such services, such as 
                students who need specialized instruction in reading, 
                spelling, or writing.

    ``(d) Program Periods; Peer Review; Distribution of Subgrants; 
Waivers.--
            ``(1) Program periods.--
                    ``(A) Grants.--A grant awarded by the Secretary to a 
                State entity under this section shall be for a period of 
                not more than 5 years.
                    ``(B) Subgrants.--A subgrant awarded by a State 
                entity under this section shall be for a period of not 
                more than 5 years, of which an eligible applicant may 
                use not more than 18 months for planning and program 
                design.
            ``(2) Peer review.--The Secretary, and each State entity 
        awarding subgrants under this section, shall use a peer-review 
        process to review applications for assistance under this 
        section.
            ``(3) Grant awards.--
                    ``(A) In general.--The Secretary--
                          ``(i) shall for each fiscal year for which 
                      funds are appropriated under section 4311--
                                    ``(I) award not less than 3 grants 
                                under this section; and
                                    ``(II) fully obligate the first 2 
                                years of funds appropriated for the 
                                purpose of awarding grants under this 
                                section in the first fiscal year for 
                                which such grants are awarded; and
                          ``(ii) prior to the start of the third year of 
                      the grant period and each succeeding year of each 
                      grant awarded under this section to a State 
                      entity--
                                    ``(I) shall review--
                                            ``(aa) whether the State 
                                        entity is using the grant funds 
                                        for the agreed upon uses of 
                                        funds; and
                                            ``(bb) whether the full 
                                        amount of the grant will be 
                                        needed for the remainder of the 
                                        grant period; and
                                    ``(II) may, as determined necessary 
                                based on that review, terminate or 
                                reduce the amount of the grant and 
                                reallocate the remaining grant funds to 
                                other State entities--
                                            ``(aa) by using such funds 
                                        to award grants under this 
                                        section to other State entities; 
                                        or
                                            ``(bb) in a fiscal year in 
                                        which the amount of such 
                                        remaining funds is insufficient 
                                        to award grants under item (aa), 
                                        in accordance with subparagraph 
                                        (B).
                    ``(B) Remaining funding.--For a fiscal year for 
                which there are remaining grant funds under this 
                paragraph, but the amount of such funds is insufficient 
                to award a grant to a State entity under this section, 
                the Secretary shall use such remaining grants funds--

[[Page 129 STAT. 1997]]

                          ``(i) to supplement funding for grants under 
                      section 4305(a)(2), but not to supplant--
                                    ``(I) the funds reserved under 
                                section 4305(a)(2); and
                                    ``(II) funds otherwise reserved 
                                under section 4302(b)(2) to carry out 
                                national activities under section 4305;
                          ``(ii) to award grants to State entities to 
                      carry out the activities described in subsection 
                      (b)(1) for the next fiscal year; or
                          ``(iii) to award one year of a grant under 
                      subsection (b)(1) to a high-scoring State entity, 
                      in an amount at or above the minimum amount the 
                      State entity needs to be successful for such year.
            ``(4) Diversity of projects.--Each State entity awarding 
        subgrants under this section shall award subgrants in a manner 
        that, to the extent practicable and applicable, ensures that 
        such subgrants--
                    ``(A) are distributed throughout different areas, 
                including urban, suburban, and rural areas; and
                    ``(B) will assist charter schools representing a 
                variety of educational approaches.
            ``(5) Waivers.--The Secretary may waive any statutory or 
        regulatory requirement over which the Secretary exercises 
        administrative authority, except any such requirement relating 
        to the elements of a charter school described in section 
        4310(2), if--
                    ``(A) the waiver is requested in an approved 
                application under this section; and
                    ``(B) the Secretary determines that granting such 
                waiver will promote the purpose of this part.

    ``(e) Limitations.--
            ``(1) Grants.--No State entity may receive a grant under 
        this section for use in a State in which a State entity is 
        currently using a grant received under this section.
            ``(2) Subgrants.--An eligible applicant may not receive more 
        than 1 subgrant under this section for each individual charter 
        school for a 5-year period, unless the eligible applicant 
        demonstrates to the State entity that such individual charter 
        school has at least 3 years of improved educational results for 
        students enrolled in such charter school with respect to the 
        elements described in subparagraphs (A) and (D) of section 
        4310(8).

    ``(f) Applications.--A State entity desiring to receive a grant 
under this section shall submit an application to the Secretary at such 
time and in such manner as the Secretary may require. The application 
shall include the following:
            ``(1) Description of program.--A description of the State 
        entity's objectives in running a quality charter school program 
        under this section and how the objectives of the program will be 
        carried out, including--
                    ``(A) a description of how the State entity will--
                          ``(i) support the opening of charter schools 
                      through the startup of new charter schools and, if 
                      applicable, the replication of high-quality 
                      charter schools, and the expansion of high-quality 
                      charter schools (including the proposed number of 
                      new charter schools to be

[[Page 129 STAT. 1998]]

                      opened, high-quality charter schools to be opened 
                      as a result of the replication of a high-quality 
                      charter school, or high-quality charter schools to 
                      be expanded under the State entity's program);
                          ``(ii) inform eligible charter schools, 
                      developers, and authorized public chartering 
                      agencies of the availability of funds under the 
                      program;
                          ``(iii) work with eligible applicants to 
                      ensure that the eligible applicants access all 
                      Federal funds that such applicants are eligible to 
                      receive, and help the charter schools supported by 
                      the applicants and the students attending those 
                      charter schools--
                                    ``(I) participate in the Federal 
                                programs in which the schools and 
                                students are eligible to participate;
                                    ``(II) receive the commensurate 
                                share of Federal funds the schools and 
                                students are eligible to receive under 
                                such programs; and
                                    ``(III) meet the needs of students 
                                served under such programs, including 
                                students with disabilities and English 
                                learners;
                          ``(iv) ensure that authorized public 
                      chartering agencies, in collaboration with 
                      surrounding local educational agencies where 
                      applicable, establish clear plans and procedures 
                      to assist students enrolled in a charter school 
                      that closes or loses its charter to attend other 
                      high-quality schools;
                          ``(v) in the case of a State entity that is 
                      not a State educational agency--
                                    ``(I) work with the State 
                                educational agency and charter schools 
                                in the State to maximize charter school 
                                participation in Federal and State 
                                programs for which charter schools are 
                                eligible; and
                                    ``(II) work with the State 
                                educational agency to operate the State 
                                entity's program under this section, if 
                                applicable;
                          ``(vi) ensure that each eligible applicant 
                      that receives a subgrant under the State entity's 
                      program--
                                    ``(I) is using funds provided under 
                                this section for one of the activities 
                                described in subsection (b)(1); and
                                    ``(II) is prepared to continue to 
                                operate charter schools funded under 
                                this section in a manner consistent with 
                                the eligible applicant's application for 
                                such subgrant once the subgrant funds 
                                under this section are no longer 
                                available;
                          ``(vii) support--
                                    ``(I) charter schools in local 
                                educational agencies with a significant 
                                number of schools identified by the 
                                State for comprehensive support and 
                                improvement under section 
                                1111(c)(4)(D)(i); and
                                    ``(II) the use of charter schools to 
                                improve struggling schools, or to turn 
                                around struggling schools;
                          ``(viii) work with charter schools on--

[[Page 129 STAT. 1999]]

                                    ``(I) recruitment and enrollment 
                                practices to promote inclusion of all 
                                students, including by eliminating any 
                                barriers to enrollment for educationally 
                                disadvantaged students (who include 
                                foster youth and unaccompanied homeless 
                                youth); and
                                    ``(II) supporting all students once 
                                they are enrolled to promote retention, 
                                including by reducing the overuse of 
                                discipline practices that remove 
                                students from the classroom;
                          ``(ix) share best and promising practices 
                      between charter schools and other public schools;
                          ``(x) ensure that charter schools receiving 
                      funds under the State entity's program meet the 
                      educational needs of their students, including 
                      children with disabilities and English learners;
                          ``(xi) support efforts to increase charter 
                      school quality initiatives, including meeting the 
                      quality authorizing elements described in 
                      paragraph (2)(D);
                          ``(xii)(I) in the case of a State entity not 
                      described in subclause (II), a description of how 
                      the State entity will provide oversight of 
                      authorizing activity, including how the State will 
                      help ensure better authorizing, such as by 
                      establishing authorizing standards that may 
                      include approving, monitoring, and re-approving or 
                      revoking the authority of an authorized public 
                      chartering agency based on the performance of the 
                      charter schools authorized by such agency in the 
                      areas of student achievement, student safety, 
                      financial and operational management, and 
                      compliance with all applicable statutes and 
                      regulations; and
                          ``(II) in the case of a State entity described 
                      in subsection (a)(4), a description of how the 
                      State entity will work with the State to support 
                      the State's system of technical assistance and 
                      oversight, as described in subclause (I), of the 
                      authorizing activity of authorized public 
                      chartering agencies; and
                    ``(xiii) work with eligible applicants receiving a 
                subgrant under the State entity's program to support the 
                opening of new charter schools or charter school models 
                described in clause (i) that are high schools;
                    ``(B) a description of the extent to which the State 
                entity--
                          ``(i) is able to meet and carry out the 
                      priorities described in subsection (g)(2);
                          ``(ii) is working to develop or strengthen a 
                      cohesive statewide system to support the opening 
                      of new charter schools and, if applicable, the 
                      replication of high-quality charter schools, and 
                      the expansion of high-quality charter schools; and
                          ``(iii) is working to develop or strengthen a 
                      cohesive strategy to encourage collaboration 
                      between charter schools and local educational 
                      agencies on the sharing of best practices;
                    ``(C) a description of how the State entity will 
                award subgrants, on a competitive basis, including--

[[Page 129 STAT. 2000]]

                          ``(i) a description of the application each 
                      eligible applicant desiring to receive a subgrant 
                      will be required to submit, which application 
                      shall include--
                                    ``(I) a description of the roles and 
                                responsibilities of eligible applicants, 
                                partner organizations, and charter 
                                management organizations, including the 
                                administrative and contractual roles and 
                                responsibilities of such partners;
                                    ``(II) a description of the quality 
                                controls agreed to between the eligible 
                                applicant and the authorized public 
                                chartering agency involved, such as a 
                                contract or performance agreement, how a 
                                school's performance in the State's 
                                accountability system and impact on 
                                student achievement (which may include 
                                student academic growth) will be one of 
                                the most important factors for renewal 
                                or revocation of the school's charter, 
                                and how the State entity and the 
                                authorized public chartering agency 
                                involved will reserve the right to 
                                revoke or not renew a school's charter 
                                based on financial, structural, or 
                                operational factors involving the 
                                management of the school;
                                    ``(III) a description of how the 
                                autonomy and flexibility granted to a 
                                charter school is consistent with the 
                                definition of a charter school in 
                                section 4310;
                                    ``(IV) a description of how the 
                                eligible applicant will solicit and 
                                consider input from parents and other 
                                members of the community on the 
                                implementation and operation of each 
                                charter school that will receive funds 
                                under the State entity's program;
                                    ``(V) a description of the eligible 
                                applicant's planned activities and 
                                expenditures of subgrant funds to 
                                support the activities described in 
                                subsection (b)(1), and how the eligible 
                                applicant will maintain financial 
                                sustainability after the end of the 
                                subgrant period; and
                                    ``(VI) a description of how the 
                                eligible applicant will support the use 
                                of effective parent, family, and 
                                community engagement strategies to 
                                operate each charter school that will 
                                receive funds under the State entity's 
                                program; and
                          ``(ii) a description of how the State entity 
                      will review applications from eligible applicants;
                    ``(D) in the case of a State entity that partners 
                with an outside organization to carry out the State 
                entity's quality charter school program, in whole or in 
                part, a description of the roles and responsibilities of 
                the partner;
                    ``(E) a description of how the State entity will 
                ensure that each charter school receiving funds under 
                the State entity's program has considered and planned 
                for the transportation needs of the school's students;
                    ``(F) a description of how the State in which the 
                State entity is located addresses charter schools in the 
                State's open meetings and open records laws; and

[[Page 129 STAT. 2001]]

                    ``(G) a description of how the State entity will 
                support diverse charter school models, including models 
                that serve rural communities.
            ``(2) Assurances.--Assurances that--
                    ``(A) each charter school receiving funds through 
                the State entity's program will have a high degree of 
                autonomy over budget and operations, including autonomy 
                over personnel decisions;
                    ``(B) the State entity will support charter schools 
                in meeting the educational needs of their students, as 
                described in paragraph (1)(A)(x);
                    ``(C) the State entity will ensure that the 
                authorized public chartering agency of any charter 
                school that receives funds under the State entity's 
                program adequately monitors each charter school under 
                the authority of such agency in recruiting, enrolling, 
                retaining, and meeting the needs of all students, 
                including children with disabilities and English 
                learners;
                    ``(D) the State entity will provide adequate 
                technical assistance to eligible applicants to meet the 
                objectives described in clause (viii) of paragraph 
                (1)(A) and subparagraph (B) of this paragraph;
                    ``(E) the State entity will promote quality 
                authorizing, consistent with State law, such as through 
                providing technical assistance to support each 
                authorized public chartering agency in the State to 
                improve such agency's ability to monitor the charter 
                schools authorized by the agency, including by--
                          ``(i) assessing annual performance data of the 
                      schools, including, as appropriate, graduation 
                      rates, student academic growth, and rates of 
                      student attrition;
                          ``(ii) reviewing the schools' independent, 
                      annual audits of financial statements prepared in 
                      accordance with generally accepted accounting 
                      principles, and ensuring that any such audits are 
                      publically reported; and
                          ``(iii) holding charter schools accountable to 
                      the academic, financial, and operational quality 
                      controls agreed to between the charter school and 
                      the authorized public chartering agency involved, 
                      such as through renewal, non-renewal, or 
                      revocation of the school's charter;
                    ``(F) the State entity will work to ensure that 
                charter schools are included with the traditional public 
                schools in decisionmaking about the public school system 
                in the State; and
                    ``(G) the State entity will ensure that each charter 
                school receiving funds under the State entity's program 
                makes publicly available, consistent with the 
                dissemination requirements of the annual State report 
                card under section 1111(h), including on the website of 
                the school, information to help parents make informed 
                decisions about the education options available to their 
                children, including--
                          ``(i) information on the educational program;
                          ``(ii) student support services;

[[Page 129 STAT. 2002]]

                          ``(iii) parent contract requirements (as 
                      applicable), including any financial obligations 
                      or fees;
                          ``(iv) enrollment criteria (as applicable); 
                      and
                          ``(v) annual performance and enrollment data 
                      for each of the subgroups of students, as defined 
                      in section 1111(c)(2), except that such 
                      disaggregation of performance and enrollment data 
                      shall not be required in a case in which the 
                      number of students in a group is insufficient to 
                      yield statically reliable information or the 
                      results would reveal personally identifiable 
                      information about an individual student.
            ``(3) Requests for waivers.--Information about waivers, 
        including--
                    ``(A) a request and justification for waivers of any 
                Federal statutory or regulatory provisions that the 
                State entity believes are necessary for the successful 
                operation of the charter schools that will receive funds 
                under the State entity's program under this section or, 
                in the case of a State entity defined in subsection 
                (a)(4), a description of how the State entity will work 
                with the State to request such necessary waivers, where 
                applicable; and
                    ``(B) a description of any State or local rules, 
                generally applicable to public schools, that will be 
                waived, or otherwise not apply to such schools.

    ``(g) Selection Criteria; Priority.--
            ``(1) Selection criteria.--The Secretary shall award grants 
        to State entities under this section on the basis of the quality 
        of the applications submitted under subsection (f), after taking 
        into consideration--
                    ``(A) the degree of flexibility afforded by the 
                State's charter school law and how the State entity will 
                work to maximize the flexibility provided to charter 
                schools under such law;
                    ``(B) the ambitiousness of the State entity's 
                objectives for the quality charter school program 
                carried out under this section;
                    ``(C) the likelihood that the eligible applicants 
                receiving subgrants under the program will meet those 
                objectives and improve educational results for students;
                    ``(D) the State entity's plan to--
                          ``(i) adequately monitor the eligible 
                      applicants receiving subgrants under the State 
                      entity's program;
                          ``(ii) work with the authorized public 
                      chartering agencies involved to avoid duplication 
                      of work for the charter schools and authorized 
                      public chartering agencies; and
                          ``(iii) provide technical assistance and 
                      support for--
                                    ``(I) the eligible applicants 
                                receiving subgrants under the State 
                                entity's program; and
                                    ``(II) quality authorizing efforts 
                                in the State; and
                    ``(E) the State entity's plan to solicit and 
                consider input from parents and other members of the 
                community on the implementation and operation of charter 
                schools in the State.

[[Page 129 STAT. 2003]]

            ``(2) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to a State entity to the extent 
        that the entity meets the following criteria:
                    ``(A) The State entity is located in a State that--
                          ``(i) allows at least one entity that is not a 
                      local educational agency to be an authorized 
                      public chartering agency for developers seeking to 
                      open a charter school in the State; or
                          ``(ii) in the case of a State in which local 
                      educational agencies are the only authorized 
                      public chartering agencies, the State has an 
                      appeals process for the denial of an application 
                      for a charter school.
                    ``(B) The State entity is located in a State that 
                ensures equitable financing, as compared to traditional 
                public schools, for charter schools and students in a 
                prompt manner.
                    ``(C) The State entity is located in a State that 
                provides charter schools one or more of the following:
                          ``(i) Funding for facilities.
                          ``(ii) Assistance with facilities acquisition.
                          ``(iii) Access to public facilities.
                          ``(iv) The ability to share in bonds or mill 
                      levies.
                          ``(v) The right of first refusal to purchase 
                      public school buildings.
                          ``(vi) Low- or no-cost leasing privileges.
                    ``(D) The State entity is located in a State that 
                uses best practices from charter schools to help improve 
                struggling schools and local educational agencies.
                    ``(E) The State entity supports charter schools that 
                serve at-risk students through activities such as 
                dropout prevention, dropout recovery, or comprehensive 
                career counseling services.
                    ``(F) The State entity has taken steps to ensure 
                that all authorizing public chartering agencies 
                implement best practices for charter school authorizing.

    ``(h) Local Uses of Funds.--An eligible applicant receiving a 
subgrant under this section shall use such funds to support the 
activities described in subsection (b)(1), which shall include one or 
more of the following activities:
            ``(1) Preparing teachers, school leaders, and specialized 
        instructional support personnel, including through paying the 
        costs associated with--
                    ``(A) providing professional development; and
                    ``(B) hiring and compensating, during the eligible 
                applicant's planning period specified in the application 
                for subgrant funds that is required under this section, 
                one or more of the following:
                          ``(i) Teachers.
                          ``(ii) School leaders.
                          ``(iii) Specialized instructional support 
                      personnel.
            ``(2) Acquiring supplies, training, equipment (including 
        technology), and educational materials (including developing and 
        acquiring instructional materials).
            ``(3) Carrying out necessary renovations to ensure that a 
        new school building complies with applicable statutes and 
        regulations, and minor facilities repairs (excluding 
        construction).

[[Page 129 STAT. 2004]]

            ``(4) Providing one-time, startup costs associated with 
        providing transportation to students to and from the charter 
        school.
            ``(5) Carrying out community engagement activities, which 
        may include paying the cost of student and staff recruitment.
            ``(6) Providing for other appropriate, non-sustained costs 
        related to the activities described in subsection (b)(1) when 
        such costs cannot be met from other sources.

    ``(i) Reporting Requirements.--Each State entity receiving a grant 
under this section shall submit to the Secretary, at the end of the 
third year of the 5-year grant period (or at the end of the second year 
of the grant period if the grant is less than 5 years), and at the end 
of such grant period, a report that includes the following:
            ``(1) The number of students served by each subgrant awarded 
        under this section and, if applicable, the number of new 
        students served during each year of the period of the subgrant.
            ``(2) A description of how the State entity met the 
        objectives of the quality charter school program described in 
        the State entity's application under subsection (f), including--
                    ``(A) how the State entity met the objective of 
                sharing best and promising practices described in 
                subsection (f)(1)(A)(ix) in areas such as instruction, 
                professional development, curricula development, and 
                operations between charter schools and other public 
                schools; and
                    ``(B) if known, the extent to which such practices 
                were adopted and implemented by such other public 
                schools.
            ``(3) The number and amount of subgrants awarded under this 
        section to carry out activities described in each of 
        subparagraphs (A) through (C) of subsection (b)(1).
            ``(4) A description of--
                    ``(A) how the State entity complied with, and 
                ensured that eligible applicants complied with, the 
                assurances included in the State entity's application; 
                and
                    ``(B) how the State entity worked with authorized 
                public chartering agencies, and how the agencies worked 
                with the management company or leadership of the schools 
                that received subgrant funds under this section, if 
                applicable.
``SEC. 4304. <<NOTE: 20 USC 7221c.>> FACILITIES FINANCING 
                          ASSISTANCE.

    ``(a) Grants to Eligible Entities.--
            ``(1) In general.--From the amount reserved under section 
        4302(b)(1), the Secretary shall use not less than 50 percent to 
        award, on a competitive basis, not less than 3 grants to 
        eligible entities that have the highest-quality applications 
        approved under subsection (d), after considering the diversity 
        of such applications, to demonstrate innovative methods of 
        helping charter schools to address the cost of acquiring, 
        constructing, and renovating facilities by enhancing the 
        availability of loans or bond financing.
            ``(2) Eligible entity defined.--For the purposes of this 
        section, the term `eligible entity' means--
                    ``(A) a public entity, such as a State or local 
                governmental entity;
                    ``(B) a private nonprofit entity; or

[[Page 129 STAT. 2005]]

                    ``(C) a consortium of entities described in 
                subparagraphs (A) and (B).

    ``(b) Grantee Selection.--The Secretary shall evaluate each 
application submitted under subsection (d), and shall determine whether 
the application is sufficient to merit approval.
    ``(c) Grant Characteristics.--Grants under subsection (a) shall be 
of sufficient size, scope, and quality so as to ensure an effective 
demonstration of an innovative means of enhancing credit for the 
financing of charter school acquisition, construction, or renovation.
    ``(d) Applications.--
            ``(1) In general.--An eligible entity desiring to receive a 
        grant under this section shall submit an application to the 
        Secretary in such form as the Secretary may reasonably require.
            ``(2) Contents.--An application submitted under paragraph 
        (1) shall contain--
                    ``(A) a statement identifying the activities that 
                the eligible entity proposes to carry out with funds 
                received under subsection (a), including how the 
                eligible entity will determine which charter schools 
                will receive assistance, and how much and what types of 
                assistance charter schools will receive;
                    ``(B) a description of the involvement of charter 
                schools in the application's development and the design 
                of the proposed activities;
                    ``(C) a description of the eligible entity's 
                expertise in capital market financing;
                    ``(D) a description of how the proposed activities 
                will leverage the maximum amount of private-sector 
                financing capital relative to the amount of government 
                funding used and otherwise enhance credit available to 
                charter schools, including how the eligible entity will 
                offer a combination of rates and terms more favorable 
                than the rates and terms that a charter school could 
                receive without assistance from the eligible entity 
                under this section;
                    ``(E) a description of how the eligible entity 
                possesses sufficient expertise in education to evaluate 
                the likelihood of success of a charter school program 
                for which facilities financing is sought; and
                    ``(F) in the case of an application submitted by a 
                State governmental entity, a description of the actions 
                that the eligible entity has taken, or will take, to 
                ensure that charter schools within the State receive the 
                funding that charter schools need to have adequate 
                facilities.

    ``(e) Charter School Objectives.--An eligible entity receiving a 
grant under subsection (a) shall use the funds deposited in the reserve 
account established under subsection (f) to assist one or more charter 
schools to access private-sector capital to accomplish one or more of 
the following objectives:
            ``(1) The acquisition (by purchase, lease, donation, or 
        otherwise) of an interest (including an interest held by a third 
        party for the benefit of a charter school) in improved or 
        unimproved real property that is necessary to commence or 
        continue the operation of a charter school.
            ``(2) The construction of new facilities, or the renovation, 
        repair, or alteration of existing facilities, necessary to 
        commence or continue the operation of a charter school.

[[Page 129 STAT. 2006]]

            ``(3) The predevelopment costs required to assess sites for 
        purposes of paragraph (1) or (2) and that are necessary to 
        commence or continue the operation of a charter school.

    ``(f) Reserve Account.--
            ``(1) Use of funds.--To assist charter schools in 
        accomplishing the objectives described in subsection (e), an 
        eligible entity receiving a grant under subsection (a) shall, in 
        accordance with State and local law, directly or indirectly, 
        alone or in collaboration with others, deposit the funds 
        received under subsection (a) (other than funds used for 
        administrative costs in accordance with subsection (g)) in a 
        reserve account established and maintained by the eligible 
        entity for this purpose. Amounts deposited in such account shall 
        be used by the eligible entity for one or more of the following 
        purposes:
                    ``(A) Guaranteeing, insuring, and reinsuring bonds, 
                notes, evidences of debt, loans, and interests therein, 
                the proceeds of which are used for an objective 
                described in subsection (e).
                    ``(B) Guaranteeing and insuring leases of personal 
                and real property for an objective described in 
                subsection (e).
                    ``(C) Facilitating financing by identifying 
                potential lending sources, encouraging private lending, 
                and other similar activities that directly promote 
                lending to, or for the benefit of, charter schools.
                    ``(D) Facilitating the issuance of bonds by charter 
                schools, or by other public entities for the benefit of 
                charter schools, by providing technical, administrative, 
                and other appropriate assistance (including the 
                recruitment of bond counsel, underwriters, and potential 
                investors and the consolidation of multiple charter 
                school projects within a single bond issue).
            ``(2) Investment.--Funds received under subsection (a) and 
        deposited in the reserve account established under paragraph (1) 
        shall be invested in obligations issued or guaranteed by the 
        United States or a State, or in other similarly low-risk 
        securities.
            ``(3) Reinvestment of earnings.--Any earnings on funds 
        received under subsection (a) shall be deposited in the reserve 
        account established under paragraph (1) and used in accordance 
        with this subsection.

    ``(g) Limitation on Administrative Costs.--An eligible entity may 
use not more than 2.5 percent of the funds received under subsection (a) 
for the administrative costs of carrying out its responsibilities under 
this section (excluding subsection (k)).
    ``(h) Audits and Reports.--
            ``(1) Financial record maintenance and audit.--The financial 
        records of each eligible entity receiving a grant under 
        subsection (a) shall be maintained in accordance with generally 
        accepted accounting principles and shall be subject to an annual 
        audit by an independent public accountant.
            ``(2) Reports.--
                    ``(A) Grantee annual reports.--Each eligible entity 
                receiving a grant under subsection (a) shall submit to 
                the Secretary an annual report of the entity's 
                operations and activities under this section (excluding 
                subsection (k)).
                    ``(B) Contents.--Each annual report submitted under 
                subparagraph (A) shall include--

[[Page 129 STAT. 2007]]

                          ``(i) a copy of the most recent financial 
                      statements, and any accompanying opinion on such 
                      statements, prepared by the independent public 
                      accountant reviewing the financial records of the 
                      eligible entity;
                          ``(ii) a copy of any report made on an audit 
                      of the financial records of the eligible entity 
                      that was conducted under paragraph (1) during the 
                      reporting period;
                          ``(iii) an evaluation by the eligible entity 
                      of the effectiveness of its use of the Federal 
                      funds provided under subsection (a) in leveraging 
                      private funds;
                          ``(iv) a listing and description of the 
                      charter schools served during the reporting 
                      period, including the amount of funds used by each 
                      school, the type of project facilitated by the 
                      grant, and the type of assistance provided to the 
                      charter schools;
                          ``(v) a description of the activities carried 
                      out by the eligible entity to assist charter 
                      schools in meeting the objectives set forth in 
                      subsection (e); and
                          ``(vi) a description of the characteristics of 
                      lenders and other financial institutions 
                      participating in the activities carried out by the 
                      eligible entity under this section (excluding 
                      subsection (k)) during the reporting period.
                    ``(C) Secretarial report.--The Secretary shall 
                review the reports submitted under subparagraph (A) and 
                shall provide a comprehensive annual report to Congress 
                on the activities conducted under this section 
                (excluding subsection (k)).

    ``(i) No Full Faith and Credit for Grantee Obligation.--No financial 
obligation of an eligible entity entered into pursuant to this section 
(such as an obligation under a guarantee, bond, note, evidence of debt, 
or loan) shall be an obligation of, or guaranteed in any respect by, the 
United States. The full faith and credit of the United States is not 
pledged to the payment of funds that may be required to be paid under 
any obligation made by an eligible entity pursuant to any provision of 
this section.
    ``(j) Recovery of Funds.--
            ``(1) In general.--The Secretary, in accordance with chapter 
        37 of title 31, United States Code, shall collect--
                    ``(A) all of the funds in a reserve account 
                established by an eligible entity under subsection 
                (f)(1) if the Secretary determines, not earlier than 2 
                years after the date on which the eligible entity first 
                received funds under subsection (a), that the eligible 
                entity has failed to make substantial progress in 
                carrying out the purposes described in subsection 
                (f)(1); or
                    ``(B) all or a portion of the funds in a reserve 
                account established by an eligible entity under 
                subsection (f)(1) if the Secretary determines that the 
                eligible entity has permanently ceased to use all or a 
                portion of the funds in such account to accomplish any 
                purpose described in subsection (f)(1).
            ``(2) Exercise of authority.--The Secretary shall not 
        exercise the authority provided in paragraph (1) to collect from 
        any eligible entity any funds that are being properly used

[[Page 129 STAT. 2008]]

        to achieve one or more of the purposes described in subsection 
        (f)(1).
            ``(3) Procedures.--The provisions of sections 451, 452, and 
        458 of the General Education Provisions Act shall apply to the 
        recovery of funds under paragraph (1).
            ``(4) Construction.--This subsection shall not be construed 
        to impair or affect the authority of the Secretary to recover 
        funds under part D of the General Education Provisions Act (20 
        U.S.C. 1234 et seq.).

    ``(k) Per-Pupil Facilities Aid Program.--
            ``(1) Definition of per-pupil facilities aid program.--In 
        this subsection, the term `per-pupil facilities aid program' 
        means a program in which a State makes payments, on a per-pupil 
        basis, to charter schools to provide the schools with 
        financing--
                    ``(A) that is dedicated solely to funding charter 
                school facilities; or
                    ``(B) a portion of which is dedicated for funding 
                charter school facilities.
            ``(2) Grants.--
                    ``(A) In general.--From the amount reserved under 
                section 4302(b)(1) and remaining after the Secretary 
                makes grants under subsection (a), the Secretary shall 
                make grants, on a competitive basis, to States to pay 
                for the Federal share of the cost of establishing or 
                enhancing, and administering, per-pupil facilities aid 
                programs.
                    ``(B) Period.--The Secretary shall award grants 
                under this subsection for periods of not more than 5 
                years.
                    ``(C) Federal share.--The Federal share of the cost 
                described in subparagraph (A) for a per-pupil facilities 
                aid program shall be not more than--
                          ``(i) 90 percent of the cost, for the first 
                      fiscal year for which the program receives 
                      assistance under this subsection;
                          ``(ii) 80 percent for the second such year;
                          ``(iii) 60 percent for the third such year;
                          ``(iv) 40 percent for the fourth such year; 
                      and
                          ``(v) 20 percent for the fifth such year.
                    ``(D) State share.--A State receiving a grant under 
                this subsection may partner with 1 or more 
                organizations, and such organizations may provide not 
                more than 50 percent of the State share of the cost of 
                establishing or enhancing, and administering, the per-
                pupil facilities aid program.
                    ``(E) Multiple grants.--A State may receive more 
                than 1 grant under this subsection, so long as the 
                amount of total funds provided to charter schools 
                increases with each successive grant.
            ``(3) Use of funds.--
                    ``(A) In general.--A State that receives a grant 
                under this subsection shall use the funds made available 
                through the grant to establish or enhance, and 
                administer, a 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

[[Page 129 STAT. 2009]]

                may reserve not more than 5 percent to carry out 
                evaluations, to provide technical assistance, and to 
                disseminate information.
                    ``(C) Supplement, not supplant.--Funds made 
                available under this subsection shall be used to 
                supplement, and not supplant, State and local public 
                funds expended to provide per-pupil facilities aid 
                programs, operations financing programs, or other 
                programs, for charter schools.
            ``(4) Requirements.--
                    ``(A) Voluntary participation.--No State may be 
                required to participate in a program carried out under 
                this subsection.
                    ``(B) State law.--
                          ``(i) In general.--To be eligible to receive a 
                      grant under this subsection, a State shall 
                      establish or enhance, and administer, a per-pupil 
                      facilities aid program for charter schools in the 
                      State, that--
                                    ``(I) is specified in State law; and
                                    ``(II) provides annual financing, on 
                                a per-pupil basis, for charter school 
                                facilities.
                          ``(ii) Special rule.--A State that is required 
                      under State law to provide its charter schools 
                      with access to adequate facility space, but that 
                      does not have a per-pupil facilities aid program 
                      for charter schools specified in State law, is 
                      eligible to receive a grant under this subsection 
                      if the State agrees to use the funds to develop a 
                      per-pupil facilities aid program consistent with 
                      the requirements of this subsection.
            ``(5) Applications.--To be eligible to receive a grant under 
        this subsection, a State shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary may require.
``SEC. 4305. <<NOTE: 20 USC 7221d.>> NATIONAL ACTIVITIES.

    ``(a) In General.--From the amount reserved under section 
4302(b)(2), the Secretary shall--
            ``(1) use not more than 80 percent of such funds to award 
        grants in accordance with subsection (b);
            ``(2) use not more than 9 percent of such funds to award 
        grants, on a competitive basis, to eligible applicants for the 
        purpose of carrying out the activities described in section 
        4303(h) in a State that did not receive a grant under section 
        4303; and
            ``(3) after the uses described in paragraphs (1) and (2), 
        use the remainder of such funds to--
                    ``(A) disseminate technical assistance to--
                          ``(i) State entities in awarding subgrants 
                      under section 4303(b)(1); and
                          ``(ii) eligible entities and States receiving 
                      grants under section 4304;
                    ``(B) disseminate best practices regarding charter 
                schools; and
                    ``(C) evaluate the impact of the charter school 
                program carried out under this part, including the 
                impact on student achievement.

    ``(b) Grants for the Replication and Expansion of High-quality 
Charter Schools.--

[[Page 129 STAT. 2010]]

            ``(1) In general.--The Secretary shall make grants, on a 
        competitive basis, to eligible entities having applications 
        approved under paragraph (3) to enable such entities to open and 
        prepare for the operation of one or more replicated high-quality 
        charter schools or to expand one or more high-quality charter 
        schools.
            ``(2) Definition of eligible entity.--For purposes of this 
        subsection, the term `eligible entity' means a charter 
        management organization.
            ``(3) Application requirements.--An eligible entity desiring 
        to receive a grant under this subsection shall submit an 
        application to the Secretary at such time and in such manner as 
        the Secretary may require. The application shall include the 
        following:
                    ``(A) Existing charter school data.--For each 
                charter school currently operated or managed by the 
                eligible entity--
                          ``(i) student assessment results for all 
                      students and for each subgroup of students 
                      described in section 1111(c)(2);
                          ``(ii) attendance and student retention rates 
                      for the most recently completed school year and, 
                      if applicable, the most recent available 4-year 
                      adjusted cohort graduation rates and extended-year 
                      adjusted cohort graduation rates; and
                          ``(iii) information on any significant 
                      compliance and management issues encountered 
                      within the last 3 school years by any school 
                      operated or managed by the eligible entity, 
                      including in the areas of student safety and 
                      finance.
                    ``(B) Descriptions.--A description of--
                          ``(i) the eligible entity's objectives for 
                      implementing a high-quality charter school program 
                      with funding under this subsection, including a 
                      description of the proposed number of high-quality 
                      charter schools the eligible entity proposes to 
                      open as a result of the replication of a high-
                      quality charter school or to expand with funding 
                      under this subsection;
                          ``(ii) the educational program that the 
                      eligible entity will implement in such charter 
                      schools, including--
                                    ``(I) information on how the program 
                                will enable all students to meet the 
                                challenging State academic standards;
                                    ``(II) the grade levels or ages of 
                                students who will be served; and
                                    ``(III) the instructional practices 
                                that will be used;
                          ``(iii) how the operation of such charter 
                      schools will be sustained after the grant under 
                      this subsection has ended, which shall include a 
                      multi-year financial and operating model for the 
                      eligible entity;
                          ``(iv) how the eligible entity will ensure 
                      that such charter schools will recruit and enroll 
                      students, including children with disabilities, 
                      English learners, and other educationally 
                      disadvantaged students; and

[[Page 129 STAT. 2011]]

                          ``(v) any request and justification for any 
                      waivers of Federal statutory or regulatory 
                      requirements that the eligible entity believes are 
                      necessary for the successful operation of such 
                      charter schools.
                    ``(C) Assurance.--An assurance that the eligible 
                entity has sufficient procedures in effect to ensure 
                timely closure of low-performing or financially 
                mismanaged charter schools and clear plans and 
                procedures in effect for the students in such schools to 
                attend other high-quality schools.
            ``(4) Selection criteria.--The Secretary shall select 
        eligible entities to receive grants under this subsection, on 
        the basis of the quality of the applications submitted under 
        paragraph (3), after taking into consideration such factors as--
                    ``(A) the degree to which the eligible entity has 
                demonstrated success in increasing academic achievement 
                for all students and for each of the subgroups of 
                students described in section 1111(c)(2) attending the 
                charter schools the eligible entity operates or manages;
                    ``(B) a determination that the eligible entity has 
                not operated or managed a significant proportion of 
                charter schools that--
                          ``(i) have been closed;
                          ``(ii) have had the school's charter revoked 
                      due to problems with statutory or regulatory 
                      compliance; or
                          ``(iii) have had the school's affiliation with 
                      the eligible entity revoked or terminated, 
                      including through voluntary disaffiliation; and
                    ``(C) a determination that the eligible entity has 
                not experienced significant problems with statutory or 
                regulatory compliance that could lead to the revocation 
                of a school's charter.
            ``(5) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to eligible entities that--
                    ``(A) plan to operate or manage high-quality charter 
                schools with racially and socioeconomically diverse 
                student bodies;
                    ``(B) demonstrate success in working with schools 
                identified by the State for comprehensive support and 
                improvement under section 1111(c)(4)(D)(i);
                    ``(C) propose to use funds--
                          ``(i) to expand high-quality charter schools 
                      to serve high school students; or
                          ``(ii) to replicate high-quality charter 
                      schools to serve high school students; or
                    ``(D) propose to operate or manage high-quality 
                charter schools that focus on dropout recovery and 
                academic reentry.

    ``(c) Terms and Conditions.--Except as otherwise provided, grants 
awarded under paragraphs (1) and (2) of subsection (a) shall have the 
same terms and conditions as grants awarded to State entities under 
section 4303.'';
            (2) in section 4306 (20 U.S.C. 7221e), as redesignated by 
        section 4001, by adding at the end the following:

    ``(c) New or Significantly Expanding Charter Schools.--For purposes 
of implementing the hold harmless protections in

[[Page 129 STAT. 2012]]

sections 1122(c) and 1125A(g)(3) for a newly opened or significantly 
expanded charter school under this part, a State educational agency 
shall calculate a hold-harmless base for the prior year that, as 
applicable, reflects the new or significantly expanded enrollment of the 
charter school.'';
            (3) in section 4308 (20 U.S.C. 7221g), as redesignated by 
        section 4001, by inserting ``as quickly as possible and'' before 
        ``to the extent practicable'';
            (4) in section 4310 (20 U.S.C. 7221i), as redesignated by 
        section 4001--
                    (A) in the matter preceding paragraph (1), by 
                striking ``subpart'' and inserting ``part'';
                    (B) by redesignating paragraphs (1), (2), and (3) as 
                paragraphs (2), (5), and (6), respectively;
                    (C) by redesignating paragraph (4) as paragraph (1), 
                and moving such paragraph so as to precede paragraph 
                (2), as redesignated by subparagraph (B);
                    (D) in paragraph (2), as redesignated by 
                subparagraph (B)--
                          (i) in subparagraph (G), by striking ``, and 
                      part B'' and inserting ``, the Americans with 
                      Disabilities Act of 1990 (42 U.S.C. 12101 et 
                      seq.), section 444 of the General Education 
                      Provisions Act (20 U.S.C. 1232g) (commonly 
                      referred to as the `Family Educational Rights and 
                      Privacy Act of 1974'), and part B'';
                          (ii) by striking subparagraph (H) and 
                      inserting the following:
                    ``(H) is a school to which parents choose to send 
                their children, and that--
                          ``(i) admits students on the basis of a 
                      lottery, consistent with section 4303(c)(3)(A), if 
                      more students apply for admission than can be 
                      accommodated; or
                          ``(ii) in the case of a school that has an 
                      affiliated charter school (such as a school that 
                      is part of the same network of schools), 
                      automatically enrolls students who are enrolled in 
                      the immediate prior grade level of the affiliated 
                      charter school and, for any additional student 
                      openings or student openings created through 
                      regular attrition in student enrollment in the 
                      affiliated charter school and the enrolling 
                      school, admits students on the basis of a lottery 
                      as described in clause (i);'';
                          (iii) by striking subparagraph (I) and 
                      inserting the following:
                    ``(I) agrees to comply with the same Federal and 
                State audit requirements as do other elementary schools 
                and secondary schools in the State, unless such State 
                audit requirements are waived by the State;'';
                          (iv) in subparagraph (K), by striking ``and'' 
                      at the end;
                          (v) in subparagraph (L), by striking the 
                      period at the end and inserting ``; and''; and
                          (vi) by adding at the end the following:
                                    ``(M) may serve students in early 
                                childhood education programs or 
                                postsecondary students.'';

[[Page 129 STAT. 2013]]

                    (E) by inserting after paragraph (2), as 
                redesignated by subparagraph (B), the following:
            ``(3) Charter management organization.--The term `charter 
        management organization' means a nonprofit organization that 
        operates or manages a network of charter schools linked by 
        centralized support, operations, and oversight.
            ``(4) Charter school support organization.--The term 
        `charter school support organization' means a nonprofit, 
        nongovernmental entity that is not an authorized public 
        chartering agency and provides, on a statewide basis--
                    ``(A) assistance to developers during the planning, 
                program design, and initial implementation of a charter 
                school; and
                    ``(B) technical assistance to operating charter 
                schools.'';
                    (F) in paragraph (6)(B), as redesignated by 
                subparagraph (B), by striking ``under section 
                5203(d)(3)''; and
                    (G) by adding at the end the following:
            ``(7) Expand.--The term `expand', when used with respect to 
        a high-quality charter school, means to significantly increase 
        enrollment or add one or more grades to the high-quality charter 
        school.
            ``(8) High-quality charter school.--The term `high-quality 
        charter school' means a charter school that--
                    ``(A) shows evidence of strong academic results, 
                which may include strong student academic growth, as 
                determined by a State;
                    ``(B) has no significant issues in the areas of 
                student safety, financial and operational management, or 
                statutory or regulatory compliance;
                    ``(C) has demonstrated success in significantly 
                increasing student academic achievement, including 
                graduation rates where applicable, for all students 
                served by the charter school; and
                    ``(D) has demonstrated success in increasing student 
                academic achievement, including graduation rates where 
                applicable, for each of the subgroups of students, as 
                defined in section 1111(c)(2), except that such 
                demonstration is not required in a case in which the 
                number of students in a group is insufficient to yield 
                statistically reliable information or the results would 
                reveal personally identifiable information about an 
                individual student.
            ``(9) Replicate.--The term `replicate', when used with 
        respect to a high-quality charter school, means to open a new 
        charter school, or a new campus of a high-quality charter 
        school, based on the educational model of an existing high-
        quality charter school, under an existing charter or an 
        additional charter, if permitted or required by State law.''; 
        and
            (5) by striking section 4311 (20 U.S.C. 7221j), as 
        redesignated by section 4001, and inserting the following:
``SEC. 4311. <<NOTE: 20 USC 7221j.>> AUTHORIZATION OF 
                          APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part--
            ``(1) $270,000,000 for fiscal year 2017;
            ``(2) $270,000,000 for fiscal year 2018;
            ``(3) $300,000,000 for fiscal year 2019; and
            ``(4) $300,000,000 for fiscal year 2020.''.

[[Page 129 STAT. 2014]]

                    PART D--MAGNET SCHOOLS ASSISTANCE

SEC. 4401. MAGNET SCHOOLS ASSISTANCE.

    Part D of title IV (20 U.S.C. 7201 et seq.), as amended by section 
4001(b)(3), is further amended--
            (1) <<NOTE: 20 USC 7231.>> in section 4401--
                    (A) in subsection (a)(2)--
                          (i) by striking ``2,000,000'' and inserting 
                      ``2,500,000''; and
                          (ii) by striking ``65'' and inserting ``69''; 
                      and
                    (B) in subsection (b)--
                          (i) in paragraph (2)--
                                    (I) by striking ``and 
                                implementation'' and inserting ``, 
                                implementation, and expansion''; and
                                    (II) by striking ``content standards 
                                and student academic achievement 
                                standards'' and inserting ``standards'';
                          (ii) in paragraph (3), by striking ``and 
                      design'' and inserting ``, design, and 
                      expansion'';
                          (iii) in paragraph (4), by striking 
                      ``vocational'' and inserting ``career''; and
                          (iv) in paragraph (6), by striking 
                      ``productive'';
            (2) in section <<NOTE: 20 USC 7231d.>> 4405(b)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (A), by inserting ``any 
                      available evidence on, or if such evidence is not 
                      available, a rationale, based on current research, 
                      for'' before ``how the proposed magnet school 
                      programs'';
                          (ii) in subparagraph (B), by inserting ``, 
                      including any evidence, or if such evidence is not 
                      available, a rationale based on current research 
                      findings, to support such description'' before the 
                      semicolon;
                          (iii) by redesignating subparagraphs (D) and 
                      (E) as subparagraphs (E) and (F), respectively; 
                      and
                          (iv) by inserting after subparagraph (C) the 
                      following:
                    ``(D) how the applicant will assess, monitor, and 
                evaluate the impact of the activities funded under this 
                part on student achievement and integration;''; and
                    (B) in paragraph (2)--
                          (i) in subparagraph (A), by striking ``section 
                      5301(b)'' and inserting ``section 4401(b)''; and
                          (ii) in subparagraph (B), by striking ``highly 
                      qualified'' and inserting ``effective'';
            (3) in section 4406, <<NOTE: 20 USC 7231e.>> by striking 
        paragraphs (2) and (3) and inserting the following:
            ``(2) propose to--
                    ``(A) carry out a new, evidence-based magnet school 
                program;
                    ``(B) significantly revise an existing magnet school 
                program, using evidence-based methods and practices, as 
                available; or
                    ``(C) replicate an existing magnet school program 
                that has a demonstrated record of success in increasing 
                student academic achievement and reducing isolation of 
                minority groups;

[[Page 129 STAT. 2015]]

            ``(3) propose to select students to attend magnet school 
        programs by methods such as lottery, rather than through 
        academic examination; and
            ``(4) propose to increase racial integration by taking into 
        account socioeconomic diversity in designing and implementing 
        magnet school programs.'';
            (4) in section 4407-- <<NOTE: 20 USC 7231f.>> 
                    (A) in subsection (a)--
                          (i) in paragraph (3), by striking ``highly 
                      qualified'' and inserting ``effective'';
                          (ii) in paragraph (6), by striking ``and'' at 
                      the end;
                          (iii) in paragraph (7), by striking the period 
                      at the end and inserting a semicolon; and
                          (iv) by adding at the end the following:
            ``(8) to enable the local educational agency, or consortium 
        of such agencies, or other organizations partnered with such 
        agency or consortium, to establish, expand, or strengthen inter-
        district and regional magnet programs; and
            ``(9) notwithstanding section 426 of the General Education 
        Provisions Act (20 U.S.C. 1228), to provide transportation to 
        and from the magnet school, provided that--
                    ``(A) such transportation is sustainable beyond the 
                grant period; and
                    ``(B) the costs of providing transportation do not 
                represent a significant portion of the grant funds 
                received by the eligible local educational agency under 
                this part .''; and
                    (B) by striking subsection (b) and inserting the 
                following:

    ``(b) Special Rule.--Grant funds under this part may be used for 
activities described in paragraphs (2) and (3) of subsection (a) only if 
the activities are directly related to improving student academic 
achievement based on the challenging State academic standards or 
directly related to improving student reading skills or knowledge of 
mathematics, science, history, geography, English, foreign languages, 
art, or music, or to improving career, technical, and professional 
skills.'';
            (5) in section 4408 <<NOTE: 20 USC 7231h.>> --
                    (A) in subsection (a), by striking ``3'' and 
                inserting ``5'';
                    (B) by striking subsection (c) and inserting the 
                following:

    ``(c) Amount.--No grant awarded under this part to a local 
educational agency, or a consortium of such agencies, shall be for more 
than $15,000,000 for the grant period described in subsection (a).''; 
and
                    (C) in subsection (d), by striking ``July'' and 
                inserting ``June'';
            (6) in section 4409 <<NOTE: 20 USC 7231j.>> --
                    (A) by striking subsection (a) and inserting the 
                following:

    ``(a) Authorization.--There are authorized to be appropriated to 
carry out this part the following amounts:
            ``(1) $94,000,000 for fiscal year 2017.
            ``(2) $96,820,000 for fiscal year 2018.
            ``(3) $102,387,150 for fiscal year 2019.
            ``(4) $108,530,379 for fiscal year 2020.''.

[[Page 129 STAT. 2016]]

                    (B) by redesignating subsection (b) as subsection 
                (c); and
                    (C) by inserting after subsection (a) the following:

    ``(b) Reservation for Technical Assistance.--The Secretary may 
reserve not more than 1 percent of the funds appropriated under 
subsection (a) for any fiscal year to provide technical assistance and 
share best practices with respect to magnet school programs assisted 
under this part.''.

             PART E--FAMILY ENGAGEMENT IN EDUCATION PROGRAMS

SEC. 4501. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.

    Title IV (20 U.S.C. 7101 et seq.), as amended by section 4001, is 
further amended by adding at the end the following:

            ``PART E--FAMILY ENGAGEMENT IN EDUCATION PROGRAMS

``SEC. 4501. <<NOTE: 20 USC 7241.>> PURPOSES.

    ``The purposes of this part are the following:
            ``(1) To provide financial support to organizations to 
        provide technical assistance and training to State educational 
        agencies and local educational agencies in the implementation 
        and enhancement of systemic and effective family engagement 
        policies, programs, and activities that lead to improvements in 
        student development and academic achievement.
            ``(2) To assist State educational agencies, local 
        educational agencies, community-based organizations, schools, 
        and educators in strengthening partnerships among parents, 
        teachers, school leaders, administrators, and other school 
        personnel in meeting the educational needs of children and 
        fostering greater parental engagement.
            ``(3) To support State educational agencies, local 
        educational agencies, schools, educators, and parents in 
        developing and strengthening the relationship between parents 
        and their children's school in order to further the 
        developmental progress of children.
            ``(4) To coordinate activities funded under this part with 
        parent involvement initiatives funded under section 1116 and 
        other provisions of this Act.
            ``(5) To assist the Secretary, State educational agencies, 
        and local educational agencies in the coordination and 
        integration of Federal, State, and local services and programs 
        to engage families in education.
``SEC. 4502. <<NOTE: 20 USC 7242.>> GRANTS AUTHORIZED.

    ``(a) Statewide Family Engagement Centers.--From the amount 
appropriated under section 4506 and not reserved under subsection (d), 
the Secretary is authorized to award grants for each fiscal year to 
statewide organizations (or consortia of such organizations), to 
establish statewide family engagement centers that--
            ``(1) carry out parent education, and family engagement in 
        education, programs; or

[[Page 129 STAT. 2017]]

            ``(2) provide comprehensive training and technical 
        assistance to State educational agencies, local educational 
        agencies, schools identified by State educational agencies and 
        local educational agencies, organizations that support family-
        school partnerships, and other organizations that carry out such 
        programs.

    ``(b) Minimum Award.--In awarding grants under this section, the 
Secretary shall, to the extent practicable, ensure that a grant is 
awarded for a statewide family engagement center in an amount not less 
than $500,000.
    ``(c) Matching Funds for Grant Renewal.--Each organization or 
consortium receiving assistance under this part shall demonstrate that, 
for each fiscal year after the first fiscal year for which the 
organization or consortium is receiving such assistance, a portion of 
the services provided by the organization or consortium is supported 
through non-Federal contributions, which may be in cash or in-kind.
    ``(d) Technical Assistance.--The Secretary shall reserve not more 
than 2 percent of the funds appropriated under section 4506 to carry out 
this part to provide technical assistance, by competitive grant or 
contract, for the establishment, development, and coordination of 
statewide family engagement centers.
``SEC. 4503. <<NOTE: 20 USC 7243.>> APPLICATIONS.

    ``(a) Submissions.--Each statewide organization, or a consortium of 
such organizations, that desires a grant under this part shall submit an 
application to the Secretary at such time and in such manner as the 
Secretary may require, which shall include the information described in 
subsection (b).
    ``(b) Contents.--Each application submitted under subsection (a) 
shall include, at a minimum, the following:
            ``(1) A description of the applicant's approach to family 
        engagement in education.
            ``(2) A description of how the State educational agency and 
        any partner organization will support the statewide family 
        engagement center that will be operated by the applicant 
        including a description of the State educational agency and any 
        partner organization's commitment of such support.
            ``(3) A description of the applicant's plan for building a 
        statewide infrastructure for family engagement in education, 
        that includes--
                    ``(A) management and governance;
                    ``(B) statewide leadership; or
                    ``(C) systemic services for family engagement in 
                education.
            ``(4) A description of the applicant's demonstrated 
        experience in providing training, information, and support to 
        State educational agencies, local educational agencies, schools, 
        educators, parents, and organizations on family engagement in 
        education policies and practices that are effective for parents 
        (including low-income parents) and families, parents of English 
        learners, minorities, students with disabilities, homeless 
        children and youth, children and youth in foster care, and 
        migrant students, including evaluation results, reporting, or 
        other data exhibiting such demonstrated experience.
            ``(5) A description of the steps the applicant will take to 
        target services to low-income students and parents.
            ``(6) An assurance that the applicant will--

[[Page 129 STAT. 2018]]

                    ``(A) establish a special advisory committee, the 
                membership of which includes--
                          ``(i) parents, who shall constitute a majority 
                      of the members of the special advisory committee;
                          ``(ii) representatives of education 
                      professionals with expertise in improving services 
                      for disadvantaged children;
                          ``(iii) representatives of local elementary 
                      schools and secondary schools, including students;
                          ``(iv) representatives of the business 
                      community; and
                          ``(v) representatives of State educational 
                      agencies and local educational agencies;
                    ``(B) use not less than 65 percent of the funds 
                received under this part in each fiscal year to serve 
                local educational agencies, schools, and community-based 
                organizations that serve high concentrations of 
                disadvantaged students, including students who are 
                English learners, minorities, students with 
                disabilities, homeless children and youth, children and 
                youth in foster care, and migrant students;
                    ``(C) operate a statewide family engagement center 
                of sufficient size, scope, and quality to ensure that 
                the center is adequate to serve the State educational 
                agency, local educational agencies, and community-based 
                organizations;
                    ``(D) ensure that the statewide family engagement 
                center will retain staff with the requisite training and 
                experience to serve parents in the State;
                    ``(E) serve urban, suburban, and rural local 
                educational agencies and schools;
                    ``(F) work with--
                          ``(i) other statewide family engagement 
                      centers assisted under this part; and
                          ``(ii) parent training and information centers 
                      and community parent resource centers assisted 
                      under sections 671 and 672 of the Individuals with 
                      Disabilities Education Act (20 U.S.C. 1471; 1472);
                    ``(G) use not less than 30 percent of the funds 
                received under this part for each fiscal year to 
                establish or expand technical assistance for evidence-
                based parent education programs;
                    ``(H) provide assistance to State educational 
                agencies, local educational agencies, and community-
                based organizations that support family members in 
                supporting student academic achievement;
                    ``(I) work with State educational agencies, local 
                educational agencies, schools, educators, and parents to 
                determine parental needs and the best means for delivery 
                of services to address such needs;
                    ``(J) conduct sufficient outreach to assist parents, 
                including parents who the applicant may have a difficult 
                time engaging with a school or local educational agency; 
                and
                    ``(K) conduct outreach to low-income students and 
                parents, including low-income students and parents who 
                are not proficient in English.

[[Page 129 STAT. 2019]]

            ``(7) An assurance that the applicant will conduct training 
        programs in the community to improve adult literacy, including 
        financial literacy.

    ``(c) Priority.--In awarding grants for activities described in this 
part, the Secretary shall give priority to statewide family engagement 
centers that will use funds under section 4504 for evidence-based 
activities, which, for the purposes of this part is defined as 
activities meeting the requirements of section 8101(21)(A)(i).
``SEC. 4504. <<NOTE: 20 USC 7244.>> USES OF FUNDS.

    ``(a) In General.--Each statewide organization or consortium 
receiving a grant under this part shall use the grant funds, based on 
the needs determined under section 4503(b)(6)(I), to provide training 
and technical assistance to State educational agencies, local 
educational agencies, and organizations that support family-school 
partnerships, and activities, services, and training for local 
educational agencies, school leaders, educators, and parents--
            ``(1) to assist parents in participating effectively in 
        their children's education and to help their children meet 
        challenging State academic standards, such as by assisting 
        parents--
                    ``(A) to engage in activities that will improve 
                student academic achievement, including understanding 
                how parents can support learning in the classroom with 
                activities at home and in after school and 
                extracurricular programs;
                    ``(B) to communicate effectively with their 
                children, teachers, school leaders, counselors, 
                administrators, and other school personnel;
                    ``(C) to become active participants in the 
                development, implementation, and review of school-parent 
                compacts, family engagement in education policies, and 
                school planning and improvement;
                    ``(D) to participate in the design and provision of 
                assistance to students who are not making academic 
                progress;
                    ``(E) to participate in State and local 
                decisionmaking;
                    ``(F) to train other parents; and
                    ``(G) in learning and using technology applied in 
                their children's education;
            ``(2) to develop and implement, in partnership with the 
        State educational agency, statewide family engagement in 
        education policy and systemic initiatives that will provide for 
        a continuum of services to remove barriers for family engagement 
        in education and support school reform efforts; and
            ``(3) to develop and implement parental involvement policies 
        under this Act.

    ``(b) Rule of Construction.--Nothing in this section shall be 
construed to prohibit a statewide family engagement center from--
            ``(1) having its employees or agents meet with a parent at a 
        site that is not on school grounds; or
            ``(2) working with another agency that serves children.

    ``(c) Parental Rights.--Notwithstanding any other provision of this 
section--
            ``(1) no person (including a parent who educates a child at 
        home, a public school parent, or a private school parent) shall 
        be required to participate in any program of parent education or 
        developmental screening under this section; and

[[Page 129 STAT. 2020]]

            ``(2) no program or center assisted under this section shall 
        take any action that infringes in any manner on the right of 
        parents to direct the education of their children.
``SEC. 4505. <<NOTE: 20 USC 7245.>> FAMILY ENGAGEMENT IN INDIAN 
                          SCHOOLS.

    ``The Secretary of the Interior, in consultation with the Secretary 
of Education, shall establish, or enter into contracts and cooperative 
agreements with, local tribes, tribal organizations, or Indian nonprofit 
parent organizations to establish and operate family engagement centers.
``SEC. 4506. <<NOTE: 20 USC 7246.>> AUTHORIZATION OF 
                          APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
$10,000,000 for each of fiscal years 2017 through 2020.''.''.

                       PART F--NATIONAL ACTIVITIES

SEC. 4601. NATIONAL ACTIVITIES.

    Title IV (20 U.S.C. 7101 et seq.), as amended by the previous 
provisions of this title, is further amended by adding at the end the 
following:

                      ``PART F--NATIONAL ACTIVITIES

``SEC. 4601. <<NOTE: 20 USC 7251.>> AUTHORIZATION OF 
                          APPROPRIATIONS; RESERVATIONS.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this part--
            ``(1) $200,741,000 for each of fiscal years 2017 and 2018; 
        and
            ``(2) $220,741,000 for each of fiscal years 2019 and 2020.

    ``(b) Reservations.--From the amounts appropriated under subsection 
(a) for a fiscal year, the Secretary shall--
            ``(1) reserve $5,000,000 to carry out activities authorized 
        under subpart 3; and
            ``(2) from the amounts remaining after the reservation under 
        paragraph (1)--
                    ``(A) carry out activities authorized under subpart 
                1 using--
                          ``(i) 36 percent of such remainder for each of 
                      fiscal years 2017 and 2018; and
                          ``(ii) 42 percent of such remainder for each 
                      of fiscal years 2019 and 2020;
                    ``(B) carry out activities authorized under subpart 
                2 using--
                          ``(i) 36 percent of such remainder for each of 
                      fiscal years 2017 and 2018; and
                          ``(ii) 32 percent of such remainder for each 
                      of fiscal years 2019 and 2020; and
                    ``(C) to carry out activities authorized under 
                subpart 4--
                          ``(i) 28 percent of such remainder for each of 
                      fiscal years 2017 and 2018; and
                          ``(ii) 26 percent of such remainder for each 
                      of fiscal years 2019 and 2020.

[[Page 129 STAT. 2021]]

             ``Subpart 1--Education Innovation and Research

``SEC. 4611. <<NOTE: 20 USC 7261.>> GRANTS FOR EDUCATION 
                          INNOVATION AND RESEARCH.

    ``(a) Program Authorized.--
            ``(1) In general.--From funds reserved under section 
        4601(b)(2)(A), the Secretary shall make grants to eligible 
        entities to enable the eligible entities to--
                    ``(A) create, develop, implement, replicate, or take 
                to scale entrepreneurial, evidence-based, field-
                initiated innovations to improve student achievement and 
                attainment for high-need students; and
                    ``(B) rigorously evaluate such innovations, in 
                accordance with subsection (e).
            ``(2) Description of grants.--The grants described in 
        paragraph (1) shall include--
                    ``(A) early-phase grants to fund the development, 
                implementation, and feasibility testing of a program, 
                which prior research suggests has promise, for the 
                purpose of determining whether the program can 
                successfully improve student achievement or attainment 
                for high-need students;
                    ``(B) mid-phase grants to fund implementation and a 
                rigorous evaluation of a program that has been 
                successfully implemented under an early-phase grant 
                described in subparagraph (A) or other effort meeting 
                similar criteria, for the purpose of measuring the 
                program's impact and cost effectiveness, if possible 
                using existing administrative data; and
                    ``(C) expansion grants to fund implementation and a 
                rigorous replication evaluation of a program that has 
                been found to produce sizable, important impacts under a 
                mid-phase grant described in subparagraph (B) or other 
                effort meeting similar criteria, for the purposes of--
                          ``(i) determining whether such impacts can be 
                      successfully reproduced and sustained over time; 
                      and
                          ``(ii) identifying the conditions in which the 
                      program is most effective.

    ``(b) Eligible Entity.--In this subpart, the term `eligible entity' 
means any of the following:
            ``(1) A local educational agency.
            ``(2) A State educational agency.
            ``(3) The Bureau of Indian Education.
            ``(4) A consortium of State educational agencies or local 
        educational agencies.
            ``(5) A nonprofit organization.
            ``(6) A State educational agency, a local educational 
        agency, a consortium described in paragraph (4), or the Bureau 
        of Indian Education, in partnership with--
                    ``(A) a nonprofit organization;
                    ``(B) a business;
                    ``(C) an educational service agency; or
                    ``(D) an institution of higher education.

    ``(c) Rural Areas.--
            ``(1) In general.--In awarding grants under subsection (a), 
        the Secretary shall ensure that not less than 25 percent of the 
        funds made available for any fiscal year are awarded for 
        programs that meet both of the following requirements:
                    ``(A) The grantee is--

[[Page 129 STAT. 2022]]

                          ``(i) a local educational agency with an 
                      urban-centric district locale code of 32, 33, 41, 
                      42, or 43, as determined by the Secretary;
                          ``(ii) a consortium of such local educational 
                      agencies;
                          ``(iii) an educational service agency or a 
                      nonprofit organization in partnership with such a 
                      local educational agency; or
                          ``(iv) a grantee described in clause (i) or 
                      (ii) in partnership with a State educational 
                      agency.
                    ``(B) A majority of the schools to be served by the 
                program are designated with a locale code of 32, 33, 41, 
                42, or 43, or a combination of such codes, as determined 
                by the Secretary.
            ``(2) Exception.--Notwithstanding paragraph (1), the 
        Secretary shall reduce the amount of funds made available under 
        such paragraph if the Secretary does not receive a sufficient 
        number of applications of sufficient quality.

    ``(d) Matching Funds.--In order to receive a grant under subsection 
(a), an eligible entity shall demonstrate that the eligible entity will 
provide matching funds, in cash or through in-kind contributions, from 
Federal, State, local, or private sources in an amount equal to 10 
percent of the funds provided under such grant, except that the 
Secretary may waive the matching funds requirement, on a case-by-case 
basis, upon a showing of exceptional circumstances, such as--
            ``(1) the difficulty of raising matching funds for a program 
        to serve a rural area;
            ``(2) the difficulty of raising matching funds in areas with 
        a concentration of local educational agencies or schools with a 
        high percentage of students aged 5 through 17--
                    ``(A) who are in poverty, as counted in the most 
                recent census data approved by the Secretary;
                    ``(B) who are eligible for a free or reduced price 
                lunch under the Richard B. Russell National School Lunch 
                Act (42 U.S.C. 1751 et seq.);
                    ``(C) whose families receive assistance under the 
                State program funded under part A of title IV of the 
                Social Security Act (42 U.S.C. 601 et seq.); or
                    ``(D) who are eligible to receive medical assistance 
                under the Medicaid program; and
            ``(3) the difficulty of raising funds on tribal land.

    ``(e) Evaluation.--Each recipient of a grant under this section 
shall conduct an independent evaluation of the effectiveness of the 
program carried out under such grant.
    ``(f) Technical Assistance.--The Secretary may reserve not more than 
5 percent of the funds appropriated under section 4601(b)(2)(A) for each 
fiscal year to--
            ``(1) provide technical assistance for eligibility entities, 
        which may include pre-application workshops, web-based seminars, 
        and evaluation support; and
            ``(2) to disseminate best practices.

[[Page 129 STAT. 2023]]

            ``Subpart 2--Community Support for School Success

``SEC. 4621. <<NOTE: 20 USC 7271.>> PURPOSES.

    ``The purposes of this subpart are to--
            ``(1) significantly improve the academic and developmental 
        outcomes of children living in the most distressed communities 
        of the United States, including ensuring school readiness, high 
        school graduation, and access to a community-based continuum of 
        high-quality services; and
            ``(2) provide support for the planning, implementation, and 
        operation of full-service community schools that improve the 
        coordination and integration, accessibility, and effectiveness 
        of services for children and families, particularly for children 
        attending high-poverty schools, including high-poverty rural 
        schools.
``SEC. 4622. <<NOTE: 20 USC 7272.>> DEFINITIONS.

    ``In this subpart:
            ``(1) Eligible entity.--The term `eligible entity' means the 
        following:
                    ``(A) With respect to a grant for activities 
                described in section 4623(a)(1)(A)--
                          ``(i) an institution of higher education, as 
                      defined in section 102 of the Higher Education Act 
                      of 1965 (20 U.S.C. 1002);
                          ``(ii) an Indian tribe or tribal organization, 
                      as defined in section 4 of the Indian Self-
                      Determination and Education Assistance Act (25 
                      U.S.C. 450b); or
                          ``(iii) one or more nonprofit entities working 
                      in formal partnership with not less than 1 of the 
                      following entities:
                                    ``(I) A high-need local educational 
                                agency.
                                    ``(II) An institution of higher 
                                education, as defined in section 102 of 
                                the Higher Education Act of 1965 (20 
                                U.S.C. 1002).
                                    ``(III) The office of a chief 
                                elected official of a unit of local 
                                government.
                                    ``(IV) An Indian tribe or tribal 
                                organization, as defined under section 4 
                                of the Indian Self-Determination and 
                                Education Assistance Act (25 U.S.C. 
                                450b).
                    ``(B) With respect to a grant for activities 
                described in section 4623(a)(1)(B), a consortium of--
                          ``(i)(I) 1 or more local educational agencies; 
                      or
                          ``(II) the Bureau of Indian Education; and
                          ``(ii) 1 or more community-based 
                      organizations, nonprofit organizations, or other 
                      public or private entities.
            ``(2) Full-service community school.--The term `full-service 
        community school' means a public elementary school or secondary 
        school that--
                    ``(A) participates in a community-based effort to 
                coordinate and integrate educational, developmental, 
                family, health, and other comprehensive services through 
                community-based organizations and public and private 
                partnerships; and

[[Page 129 STAT. 2024]]

                    ``(B) provides access to such services in school to 
                students, families, and the community, such as access 
                during the school year (including before- and after-
                school hours and weekends), as well as during the 
                summer.
            ``(3) Pipeline services.--The term `pipeline services' means 
        a continuum of coordinated supports, services, and opportunities 
        for children from birth through entry into and success in 
        postsecondary education, and career attainment. Such services 
        shall include, at a minimum, strategies to address through 
        services or programs (including integrated student supports) the 
        following:
                    ``(A) High-quality early childhood education 
                programs.
                    ``(B) High-quality school and out-of-school-time 
                programs and strategies.
                    ``(C) Support for a child's transition to elementary 
                school, from elementary school to middle school, from 
                middle school to high school, and from high school into 
                and through postsecondary education and into the 
                workforce, including any comprehensive readiness 
                assessment determined necessary.
                    ``(D) Family and community engagement and supports, 
                which may include engaging or supporting families at 
                school or at home.
                    ``(E) Activities that support postsecondary and 
                workforce readiness, which may include job training, 
                internship opportunities, and career counseling.
                    ``(F) Community-based support for students who have 
                attended the schools in the area served by the pipeline, 
                or students who are members of the community, 
                facilitating their continued connection to the community 
                and success in postsecondary education and the 
                workforce.
                    ``(G) Social, health, nutrition, and mental health 
                services and supports.
                    ``(H) Juvenile crime prevention and rehabilitation 
                programs.
``SEC. 4623. <<NOTE: 20 USC 7273.>> PROGRAM AUTHORIZED.

    ``(a) Program Authorized.--
            ``(1) In general.--The Secretary shall use not less than 95 
        percent of the amounts made available under section 
        4601(b)(2)(B) to award grants, on a competitive basis and 
        subject to subsection (e), to eligible entities for the 
        following activities:
                    ``(A) Promise neighborhoods.--The implementation of 
                a comprehensive, effective continuum of coordinated 
                services that meets the purpose described in section 
                4621(1) by carrying out activities in neighborhoods 
                with--
                          ``(i) high concentrations of low-income 
                      individuals;
                          ``(ii) multiple signs of distress, which may 
                      include high rates of poverty, childhood obesity, 
                      academic failure, and juvenile delinquency, 
                      adjudication, or incarceration; and
                          ``(iii) schools implementing comprehensive 
                      support and improvement activities or targeted 
                      support and improvement activities under section 
                      1111(d).

[[Page 129 STAT. 2025]]

                    ``(B) Full-service community schools.--The provision 
                of assistance to public elementary schools or secondary 
                schools to function as full-service community schools.
            ``(2) Sufficient size and scope.--Each grant awarded under 
        this subpart shall be of sufficient size and scope to allow the 
        eligible entity to carry out the applicable purposes of this 
        subpart.

    ``(b) Duration.--A grant awarded under this subpart shall be for a 
period of not more than 5 years, and may be extended for an additional 
period of not more than 2 years.
    ``(c) Continued Funding.--Continued funding of a grant under this 
subpart, including a grant extended under subsection (b), after the 
third year of the initial grant period shall be contingent on the 
eligible entity's progress toward meeting--
            ``(1) with respect to a grant for activities described in 
        section 4624, the performance metrics described in section 
        4624(h); and
            ``(2) with respect to a grant for activities described in 
        section 4625, annual performance objectives and outcomes under 
        section 4625(a)(4)(C).

    ``(d) Matching Requirements.--
            ``(1) Promise neighborhood activities.--
                    ``(A) Matching funds.--Each eligible entity 
                receiving a grant under this subpart for activities 
                described in section 4624 shall contribute matching 
                funds in an amount equal to not less than 100 percent of 
                the amount of the grant. Such matching funds shall come 
                from Federal, State, local, and private sources.
                    ``(B) Private sources.--The Secretary shall require 
                that a portion of the matching funds come from private 
                sources, which may include in-kind contributions.
                    ``(C) Adjustment.--The Secretary may adjust the 
                matching funds requirement under this paragraph for 
                applicants that demonstrate high need, including 
                applicants from rural areas and applicants that wish to 
                provide services on tribal lands.
                    ``(D) Financial hardship waiver.--The Secretary may 
                waive or reduce, on a case-by-case basis, the matching 
                requirement under this paragraph, including the 
                requirement for funds from private sources, for a period 
                of 1 year at a time, if the eligible entity demonstrates 
                significant financial hardship.
            ``(2) Full-service community schools activities.--
                    ``(A) In general.--Each eligible entity receiving a 
                grant under this subpart for activities described in 
                section 4625 shall provide matching funds from non-
                Federal sources, which may be provided in part with in-
                kind contributions.
                    ``(B) Special rule.--The Bureau of Indian Education 
                may meet the requirement of subparagraph (A) using funds 
                from other Federal sources.
            ``(3) Special rules.--
                    ``(A) In general.--The Secretary may not require any 
                eligible entity receiving a grant under this subpart to 
                provide matching funds in an amount that exceeds the 
                amount of the grant award.

[[Page 129 STAT. 2026]]

                    ``(B) Consideration.--Notwithstanding this 
                subsection, the Secretary shall not consider the ability 
                of an eligible entity to match funds when determining 
                which applicants will receive grants under this subpart.

    ``(e) Reservation for Rural Areas.--
            ``(1) In general.--From the amounts allocated under 
        subsection (a) for grants to eligible entities, the Secretary 
        shall use not less than 15 percent of such amounts to award 
        grants to eligible entities that propose to carry out the 
        activities described in such subsection in rural areas.
            ``(2) Exception.--The Secretary shall reduce the amount 
        described in paragraph (1) if the Secretary does not receive a 
        sufficient number of applications of sufficient quality.

    ``(f) Minimum Number of Grants.--For each fiscal year, the Secretary 
shall award under this subpart not fewer than 3 grants for activities 
described in section 4624 and not fewer than 10 grants for activities 
described in section 4625, subject to the availability of 
appropriations, the requirements of subsection (a)(2), and the number 
and quality of applications.
``SEC. 4624. <<NOTE: 20 USC 7274.>> PROMISE NEIGHBORHOODS.

    ``(a) Application Requirements.--An eligible entity desiring a grant 
under this subpart for activities described in this section shall submit 
an application to the Secretary at such time and in such manner as the 
Secretary may require, including, at a minimum, all of the following:
            ``(1) A plan to significantly improve the academic outcomes 
        of children living in a neighborhood that is served by the 
        eligible entity--
                    ``(A) by providing pipeline services that address 
                the needs of children in the neighborhood, as identified 
                by the needs analysis described in paragraph (4); and
                    ``(B) that is supported by effective practices.
            ``(2) A description of the neighborhood that the eligible 
        entity will serve.
            ``(3) Measurable annual objectives and outcomes for the 
        grant, in accordance with the metrics described in subsection 
        (h), for each year of the grant.
            ``(4) An analysis of the needs and assets of the 
        neighborhood identified in paragraph (1), including--
                    ``(A) the size and scope of the population affected;
                    ``(B) a description of the process through which the 
                needs analysis was produced, including a description of 
                how parents, families, and community members were 
                engaged in such analysis;
                    ``(C) an analysis of community assets and 
                collaborative efforts (including programs already 
                provided from Federal and non-Federal sources) within, 
                or accessible to, the neighborhood, including, at a 
                minimum, early learning opportunities, family and 
                student supports, local businesses, local educational 
                agencies, and institutions of higher education;
                    ``(D) the steps that the eligible entity is taking, 
                at the time of the application, to address the needs 
                identified in the needs analysis; and

[[Page 129 STAT. 2027]]

                    ``(E) any barriers the eligible entity, public 
                agencies, and other community-based organizations have 
                faced in meeting such needs.
            ``(5) A description of--
                    ``(A) all information that the entity used to 
                identify the pipeline services to be provided, which 
                shall not include information that is more than 3 years 
                old; and
                    ``(B) how the eligible entity will--
                          ``(i) collect data on children served by each 
                      pipeline service; and
                          ``(ii) increase the percentage of children 
                      served over time.
            ``(6) A description of the process used to develop the 
        application, including the involvement of family and community 
        members.
            ``(7) A description of how the pipeline services will 
        facilitate the coordination of the following activities:
                    ``(A) Providing early learning opportunities for 
                children, including by--
                          ``(i) providing opportunities for families to 
                      acquire the skills to promote early learning and 
                      child development; and
                          ``(ii) ensuring appropriate diagnostic 
                      assessments and referrals for children with 
                      disabilities and children aged 3 through 9 
                      experiencing developmental delays, consistent with 
                      the Individuals with Disabilities Education Act 
                      (20 U.S.C. 1400 et seq.), where applicable.
                    ``(B) Supporting, enhancing, operating, or expanding 
                rigorous, comprehensive, effective educational 
                improvements, which may include high-quality academic 
                programs, expanded learning time, and programs and 
                activities to prepare students for postsecondary 
                education admissions and success.
                    ``(C) Supporting partnerships between schools and 
                other community resources with an integrated focus on 
                academics and other social, health, and familial 
                supports.
                    ``(D) Providing social, health, nutrition, and 
                mental health services and supports, for children, 
                family members, and community members, which may include 
                services provided within the school building.
                    ``(E) Supporting evidence-based programs that assist 
                students through school transitions, which may include 
                expanding access to postsecondary education courses and 
                postsecondary education enrollment aid or guidance, and 
                other supports for at-risk youth.
            ``(8) A description of the strategies that will be used to 
        provide pipeline services (including a description of which 
        programs and services will be provided to children, family 
        members, community members, and children within the 
        neighborhood) to support the purpose described in section 
        4621(1).
            ``(9) An explanation of the process the eligible entity will 
        use to establish and maintain family and community engagement, 
        including--
                    ``(A) involving representative participation by the 
                members of such neighborhood in the planning and 
                implementation of the activities of each grant awarded 
                under this subpart for activities described in this 
                section;

[[Page 129 STAT. 2028]]

                    ``(B) the provision of strategies and practices to 
                assist family and community members in actively 
                supporting student achievement and child development;
                    ``(C) providing services for students, families, and 
                communities within the school building; and
                    ``(D) collaboration with institutions of higher 
                education, workforce development centers, and employers 
                to align expectations and programming with postsecondary 
                education and workforce readiness,
            ``(10) An explanation of how the eligible entity will 
        continuously evaluate and improve the continuum of high-quality 
        pipeline services to provide for continuous program improvement 
        and potential expansion.

    ``(b) Priority.--In awarding grants for activities described in this 
section, the Secretary shall give priority to eligible entities that 
will use funds under subsection (d) for evidence-based activities, 
which, for purposes of this subsection, is defined as activities meeting 
the requirements of section 8101(21)(A)(i).
    ``(c) Memorandum of Understanding.--As eligible entity shall, as 
part of the application described in subsection (a), submit a 
preliminary memorandum of understanding, signed by each partner entity 
or agency described in section 4622(1)(A)(3) (if applicable) and 
detailing each partner's financial, programmatic, and long-term 
commitment with respect to the strategies described in the application.
    ``(d) Uses of Funds.--Each eligible entity that receives a grant 
under this subpart to carry out a program of activities described in 
this section shall use the grant funds to--
            ``(1) support planning activities to develop and implement 
        pipeline services;
            ``(2) implement the pipeline services; and
            ``(3) continuously evaluate the success of the program and 
        improve the program based on data and outcomes.

    ``(e) Special Rules.--
            ``(1) Funds for pipeline services.--Each eligible entity 
        that receives a grant under this subpart for activities 
        described in this section shall, for the first year of the 
        grant, use not less than 50 percent of the grant funds, and, for 
        the second year of the grant, use not less than 25 percent of 
        the grant funds, to carry out the activities described in 
        subsection (d)(1).
            ``(2) Operational flexibility.--Each eligible entity that 
        operates a school in a neighborhood served by a grant program 
        under this subpart for activities described in this section 
        shall provide such school with the operational flexibility, 
        including autonomy over staff, time, and budget, needed to 
        effectively carry out the activities described in the 
        application under subsection (a).
            ``(3) Limitation on use of funds for early childhood 
        education programs.--Funds provided under this subpart for 
        activities described in this section that are used to improve 
        early childhood education programs shall not be used to carry 
        out any of the following activities:
                    ``(A) Assessments that provide rewards or sanctions 
                for individual children or teachers.
                    ``(B) A single assessment that is used as the 
                primary or sole method for assessing program 
                effectiveness.

[[Page 129 STAT. 2029]]

                    ``(C) Evaluating children, other than for the 
                purposes of improving instruction, classroom 
                environment, professional development, or parent and 
                family engagement, or program improvement.

    ``(f) Report.--Each eligible entity that receives a grant under this 
subpart for activities described in this section shall prepare and 
submit an annual report to the Secretary, which shall include--
            ``(1) information about the number and percentage of 
        children in the neighborhood who are served by the grant 
        program, including a description of the number and percentage of 
        children accessing each support or service offered as part of 
        the pipeline services; and
            ``(2) information relating to the performance metrics 
        described in subsection (h).

    ``(g) Publicly Available Data.--Each eligible entity that receives a 
grant under this subpart for activities described in this section shall 
make publicly available, including through electronic means, the 
information described in subsection (f). To the extent practicable, such 
information shall be provided in a form and language accessible to 
parents and families in the neighborhood served under the grant, and 
such information shall be a part of statewide longitudinal data systems.
    ``(h) Performance Indicators.--
            ``(1) In general.--The Secretary shall establish performance 
        indicators under paragraph (2) and corresponding metrics to be 
        used for the purpose of reporting under paragraph (3) and 
        program evaluation under subsection (i).
            ``(2) Indicators.--The performance indicators established by 
        the Secretary under paragraph (1) shall be indicators of 
        improved academic and developmental outcomes for children, 
        including indicators of school readiness, high school 
        graduation, postsecondary education and career readiness, and 
        other academic and developmental outcomes, to promote--
                    ``(A) data-driven decision-making by eligible 
                entities receiving funds under this subpart; and
                    ``(B) access to a community-based continuum of high-
                quality services for children living in the most 
                distressed communities of the United States, beginning 
                at birth.
            ``(3) Reporting.--Each eligible entity that receives a grant 
        under this subpart for activities described in this section 
        shall annually collect and report to the Secretary data on the 
        performance indicators described in paragraph (2) for use by the 
        Secretary in making a determination concerning continuation 
        funding and grant extension under section 4623(b) for each 
        eligible entity.

    ``(i) Evaluation.--The Secretary shall reserve not more than 5 
percent of the funds made available under section 4601(b)(2)(A) to 
provide technical assistance and evaluate the implementation and impact 
of the activities funded under this section, in accordance with section 
8601.
``SEC. 4625. <<NOTE: 20 USC 7275.>> FULL-SERVICE COMMUNITY 
                          SCHOOLS.

    ``(a) Application.--An eligible entity that desires a grant under 
this subpart for activities described in this section shall submit an 
application to the Secretary at such time and in such manner as the 
Secretary may require. The Secretary shall require that each such 
application include the following:

[[Page 129 STAT. 2030]]

            ``(1) A description of the eligible entity.
            ``(2) A memorandum of understanding among all partner 
        entities in the eligible entity that will assist the eligible 
        entity to coordinate and provide pipeline services and that 
        describes the roles the partner entities will assume.
            ``(3) A description of the capacity of the eligible entity 
        to coordinate and provide pipeline services at 2 or more full-
        service community schools.
            ``(4) A comprehensive plan that includes descriptions of the 
        following:
                    ``(A) The student, family, and school community to 
                be served, including demographic information.
                    ``(B) A needs assessment that identifies the 
                academic, physical, nonacademic, health, mental health, 
                and other needs of students, families, and community 
                residents.
                    ``(C) Annual measurable performance objectives and 
                outcomes, including an increase in the number and 
                percentage of families and students targeted for 
                services each year of the program, in order to ensure 
                that children are--
                          ``(i) prepared for kindergarten;
                          ``(ii) achieving academically; and
                          ``(iii) safe, healthy, and supported by 
                      engaged parents.
                    ``(D) Pipeline services, including existing and 
                additional pipeline services, to be coordinated and 
                provided by the eligible entity and its partner 
                entities, including an explanation of--
                          ``(i) why such services have been selected;
                          ``(ii) how such services will improve student 
                      academic achievement; and
                          ``(iii) how such services will address the 
                      annual measurable performance objectives and 
                      outcomes established under subparagraph (C).
                    ``(E) Plans to ensure that each full-service 
                community school site has a full-time coordinator of 
                pipeline services at such school, including a 
                description of the applicable funding sources, plans for 
                professional development for the personnel managing, 
                coordinating, or delivering pipeline services, and plans 
                for joint utilization and management of school 
                facilities.
                    ``(F) Plans for annual evaluation based upon 
                attainment of the performance objectives and outcomes 
                described in subparagraph (C).
                    ``(G) Plans for sustaining the programs and services 
                described in this subsection after the grant period.
            ``(5) An assurance that the eligible entity and its partner 
        entities will focus services on schools eligible for a 
        schoolwide program under section 1114(b).

    ``(b) Priority.--In awarding grants under this subpart for 
activities described in this section, the Secretary shall give priority 
to eligible entities that--
            ``(1)(A) will serve a minimum of 2 or more full-service 
        community schools eligible for a schoolwide program under 
        section 1114(b), as part of a community- or district-wide 
        strategy; or
            ``(B) include a local educational agency that satisfies the 
        requirements of--

[[Page 129 STAT. 2031]]

                    ``(i) subparagraph (A), (B), or (C) of section 
                5211(b)(1); or
                    ``(ii) subparagraphs (A) and (B) of section 
                5221(b)(1);
            ``(2) are consortiums comprised of a broad representation of 
        stakeholders or consortiums demonstrating a history of 
        effectiveness; and
            ``(3) will use funds for evidence-based activities described 
        in subsection (e), defined for purposes of this paragraph as 
        activities meeting the requirements of section 8101(21)(A)(i).

    ``(c) Planning.--The Secretary may authorize an eligible entity 
receiving a grant under this subpart for activities described in this 
section to use not more than 10 percent of the total amount of grant 
funds for planning purposes during the first year of the grant.
    ``(d) Minimum Amount.--The Secretary may not award a grant under 
this subpart for activities described in this section to an eligible 
entity in an amount that is less than $75,000 for each year of the grant 
period, subject to the availability of appropriations.
    ``(e) Use of Funds.--Grants awarded under this subpart for 
activities described in this section shall be used to--
            ``(1) coordinate not less than 3 existing pipeline services, 
        as of the date of the grant award, and provide not less than 2 
        additional pipeline services, at 2 or more public elementary 
        schools or secondary schools;
            ``(2) to the extent practicable, integrate multiple pipeline 
        services into a comprehensive, coordinated continuum to achieve 
        the annual measurable performance objectives and outcomes under 
        subsection (a)(4)(C) to meet the holistic needs of children; and
            ``(3) if applicable, coordinate and integrate services 
        provided by community-based organizations and government 
        agencies with services provided by specialized instructional 
        support personnel.

    ``(f) Evaluations by the Institute of Education Sciences.--The 
Secretary, acting through the Director of the Institute of Education 
Sciences, shall conduct evaluations of the effectiveness of grants under 
this subpart for activities described in this section in achieving the 
purpose described in section 4621(2).
    ``(g) Evaluations by Grantees.--The Secretary shall require each 
eligible entity receiving a grant under this subpart for activities 
described in this section to--
            ``(1) conduct annual evaluations of the progress achieved 
        with the grant toward the purpose described in section 4621(2);
            ``(2) use such evaluations to refine and improve activities 
        carried out through the grant and the annual measurable 
        performance objectives and outcomes under subsection (a)(4)(C); 
        and
            ``(3) make the results of such evaluations publicly 
        available, including by providing public notice of such 
        availability.

    ``(h) Construction Clause.--Nothing in this section shall be 
construed to alter or otherwise affect the rights, remedies, and 
procedures afforded school or local educational agency employees under 
Federal, State, or local laws (including applicable regulations or court 
orders) or under the terms of collective bargaining agreements, 
memoranda of understanding, or other agreements between such employees 
and their employers.

[[Page 129 STAT. 2032]]

    ``(i) Supplement, Not Supplant.--Funds made available to an eligible 
entity through a grant under this subpart for activities described in 
this section may be used only to supplement, and not supplant, any other 
Federal, State, or local funds that would otherwise be available to 
carry out the activities assisted under this section.

           ``Subpart 3--National Activities for School Safety

``SEC. 4631. <<NOTE: 20 USC 7281.>> NATIONAL ACTIVITIES FOR SCHOOL 
                          SAFETY.

    ``(a) Program Authorized.--
            ``(1) In general.--From the funds reserved under section 
        4601(b)(1), the Secretary--
                    ``(A) shall use a portion of such funds for the 
                Project School Emergency Response to Violence program 
                (in this section referred to as `Project SERV'), in 
                order to provide education-related services to eligible 
                entities; and
                    ``(B) may use a portion of such funds to carry out 
                other activities to improve students' safety and well-
                being, during and after the school day, under this 
                section directly or through grants, contracts, or 
                cooperative agreements with public or private entities 
                or individuals, or other Federal agencies, such as 
                providing technical assistance to States and local 
                educational agencies carrying out activities under this 
                section or conducting a national evaluation.
            ``(2) Availability.--Amounts reserved under section 
        4601(b)(1) for Project SERV are authorized to remain available 
        until expended for Project SERV.

    ``(b) Project SERV.--
            ``(1) Additional use of funds.--Funds made available under 
        subsection (a) for extended services grants under Project SERV 
        may be used by an eligible entity to initiate or strengthen 
        violence prevention activities as part of the activities 
        designed to restore the learning environment that was disrupted 
        by the violent or traumatic crisis in response to which the 
        grant was awarded.
            ``(2) Application process.--
                    ``(A) In general.--An eligible entity desiring to 
                use a portion of extended services grant funds under 
                Project SERV to initiate or strengthen a violence 
                prevention activity shall--
                          ``(i) submit, in an application that meets all 
                      requirements of the Secretary for Project SERV, 
                      the information described in subparagraph (B); or
                          ``(ii) in the case of an eligible entity that 
                      has already received an extended services grant 
                      under Project SERV, submit an addition to the 
                      original application that includes the information 
                      described in subparagraph (B).
                    ``(B) Application requirements.--An application, or 
                addition to an application, for an extended services 
                grant pursuant to subparagraph (A) shall include the 
                following:
                          ``(i) A demonstration of the need for funds 
                      due to a continued disruption or a substantial 
                      risk of disruption to the learning environment.

[[Page 129 STAT. 2033]]

                          ``(ii) An explanation of the proposed 
                      activities that are designed to restore and 
                      preserve the learning environment.
                          ``(iii) A budget and budget narrative for the 
                      proposed activities.
            ``(3) Award basis.--Any award of funds under Project SERV 
        for violence prevention activities under this section shall be 
        subject to the discretion of the Secretary and the availability 
        of funds.
            ``(4) Prohibited use.--No funds provided to an eligible 
        entity for violence prevention activities may be used for 
        construction, renovation, or repair of a facility or for the 
        permanent infrastructure of the eligible entity.

    ``(c) Definition of Eligible Entity.--In this section, the term 
`eligible entity' means--
            ``(1) a local educational agency, as defined in subparagraph 
        (A), (B), or (C) of section 8101(30), or institution of higher 
        education in which the learning environment has been disrupted 
        due to a violent or traumatic crisis; or
            ``(2) the Bureau of Indian Education in a case where the 
        learning environment of a school operated or funded by the 
        Bureau, including a school meeting the definition of a local 
        educational agency under section 8101(30)(C), has been disrupted 
        due to a violent or traumatic crisis.

                    ``Subpart 4--Academic Enrichment

``SEC. 4641. <<NOTE: 20 USC 7291.>> AWARDS FOR ACADEMIC 
                          ENRICHMENT.

    ``(a) Program Authorized.--From funds reserved under section 
4601(b)(2)(C), the Secretary shall award grants, contracts, or 
cooperative agreements, on a competitive basis, to eligible entities for 
the purposes of enriching the academic experience of students by 
promoting--
            ``(1) arts education for disadvantaged students and students 
        who are children with disabilities, as described in section 
        4642;
            ``(2) school readiness through the development and 
        dissemination of accessible instructional programming for 
        preschool and elementary school children and their families, as 
        described in section 4643; and
            ``(3) support for high-ability learners and high-ability 
        learning, as described in section 4644.

    ``(b) Annual Awards.--The Secretary shall annually make awards to 
fulfill each of the purposes described in paragraphs (1) through (3) of 
subsection (a).
``SEC. 4642. <<NOTE: 20 USC 7292.>> ASSISTANCE FOR ARTS EDUCATION.

    ``(a) Awards to Provide Assistance for Arts Education.--
            ``(1) In general.--Awards made to eligible entities to 
        fulfill the purpose described in section 4641(a)(1), shall be 
        used for a program (to be known as the `Assistance for Arts 
        Education program') to promote arts education for students, 
        including disadvantaged students and students who are children 
        with disabilities, through activities such as--
                    ``(A) professional development for arts educators, 
                teachers, and principals;
                    ``(B) development and dissemination of accessible 
                instructional materials and arts-based educational

[[Page 129 STAT. 2034]]

                programming, including online resources, in multiple 
                arts disciplines; and
                    ``(C) community and national outreach activities 
                that strengthen and expand partnerships among schools, 
                local educational agencies, communities, or centers for 
                the arts, including national centers for the arts.

    ``(b) Conditions.--As conditions of receiving assistance made 
available under this section, the Secretary shall require each eligible 
entity receiving such assistance--
            ``(1) to coordinate, to the extent practicable, each project 
        or program carried out with such assistance with appropriate 
        activities of public or private cultural agencies, institutions, 
        and organizations, including museums, arts education 
        associations, libraries, and theaters; and
            ``(2) to use such assistance only to supplement, and not to 
        supplant, any other assistance or funds made available from non-
        Federal sources for the activities assisted under this subpart.

    ``(c) Consultation.--In carrying out this section, the Secretary 
shall consult with Federal agencies or institutions, arts educators 
(including professional arts education associations), and organizations 
representing the arts (including State and local arts agencies involved 
in arts education).
    ``(d) Priority.--In awarding grants under this section, the 
Secretary shall give priority to eligible entities that are eligible 
national nonprofit organizations.
    ``(e) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a local educational agency in which 20 percent 
                or more of the students served by the local educational 
                agency are from families with an income below the 
                poverty line;
                    ``(B) a consortium of such local educational 
                agencies;
                    ``(C) a State educational agency;
                    ``(D) an institution of higher education;
                    ``(E) a museum or cultural institution;
                    ``(F) the Bureau of Indian Education;
                    ``(G) an eligible national nonprofit organization; 
                or
                    ``(H) another private agency, institution, or 
                organization.
            ``(2) Eligible national nonprofit organization.--The term 
        `eligible national nonprofit organization' means an organization 
        of national scope that--
                    ``(A) is supported by staff, which may include 
                volunteers, or affiliates at the State and local levels; 
                and
                    ``(B) demonstrates effectiveness or high-quality 
                plans for addressing arts education activities for 
                disadvantaged students or students who are children with 
                disabilities.
``SEC. 4643. <<NOTE: 20 USC 7293.>> READY TO LEARN PROGRAMMING.

    ``(a) Awards to Promote School Readiness Through Ready to Learn 
Programming.--
            ``(1) In general.--Awards made to eligible entities 
        described in paragraph (3) to fulfill the purpose described in 
        section 4641(a)(2) shall--
                    ``(A) be known as `Ready to Learn Programming 
                awards'; and

[[Page 129 STAT. 2035]]

                    ``(B) be used to--
                          ``(i) develop, produce, and distribute 
                      accessible educational and instructional video 
                      programming for preschool and elementary school 
                      children and their parents in order to facilitate 
                      student academic achievement;
                          ``(ii) facilitate the development, directly or 
                      through contracts with producers of children's and 
                      family educational television programming, of 
                      educational programming for preschool and 
                      elementary school children, and the accompanying 
                      support materials and services that promote the 
                      effective use of such programming;
                          ``(iii) facilitate the development of 
                      programming and digital content containing Ready-
                      to-Learn programming and resources for parents and 
                      caregivers that is specially designed for 
                      nationwide distribution over public television 
                      stations' digital broadcasting channels and the 
                      Internet;
                          ``(iv) contract with entities (such as public 
                      telecommunications entities) so that programming 
                      developed under this section is disseminated and 
                      distributed to the widest possible audience 
                      appropriate to be served by the programming, and 
                      through the use of the most appropriate 
                      distribution technologies; and
                          ``(v) develop and disseminate education and 
                      training materials, including interactive programs 
                      and programs adaptable to distance learning 
                      technologies, that are designed--
                                    ``(I) to promote school readiness; 
                                and
                                    ``(II) to promote the effective use 
                                of materials developed under clauses 
                                (ii) and (iii) among parents, family 
                                members, teachers, principals and other 
                                school leaders, Head Start providers, 
                                providers of family literacy services, 
                                child care providers, early childhood 
                                educators, elementary school teachers, 
                                public libraries, and after-school 
                                program personnel caring for preschool 
                                and elementary school children.
            ``(2) Availability.--In awarding or entering into grants, 
        contracts, or cooperative agreements under this section, the 
        Secretary shall ensure that eligible entities described in 
        paragraph (3) make programming widely available, with support 
        materials as appropriate, to young children, parents, child care 
        workers, Head Start providers, and providers of family literacy 
        services to increase the effective use of such programming.
            ``(3) Eligible entities.--To be eligible to receive a grant, 
        contract, or cooperative agreement under this section, an entity 
        shall be a public telecommunications entity that is able to 
        demonstrate each of the following:
                    ``(A) A capacity for the development and national 
                distribution of educational and instructional television 
                programming of high quality that is accessible by a 
                large majority of disadvantaged preschool and elementary 
                school children.

[[Page 129 STAT. 2036]]

                    ``(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 use of high-quality 
                educational programming by preschool and elementary 
                school children, and make such programming widely 
                available to Federally funded programs serving such 
                populations; and
                    ``(B) to coordinate activities with Federal programs 
                that have major training components for early childhood 
                development, including programs under the Head Start Act 
                (42 U.S.C. 9831 et seq.) and State training activities 
                funded under the Child Care and Development Block Grant 
                Act of 1990 (42 U.S.C. 9858 et seq.), regarding the 
                availability and utilization of materials developed 
                under paragraph (1)(B)(v) to enhance parent and child 
                care provider skills in early childhood development and 
                education.

    ``(b) Applications.--To be eligible to receive a grant, contract, or 
cooperative agreement under subsection (a), an entity shall submit to 
the Secretary an application at such time and in such manner as the 
Secretary may reasonably require. The application shall include--
            ``(1) a description of the activities to be carried out 
        under this section;
            ``(2) a list of the types of entities with which such entity 
        will enter into contracts under subsection (a)(1)(B)(iv);
            ``(3) a description of the activities the entity will 
        undertake widely to disseminate the content developed under this 
        section; and
            ``(4) a description of how the entity will comply with 
        subsection (a)(2).

    ``(c) Reports and Evaluations.--
            ``(1) Annual report to secretary.--An entity receiving a 
        grant, contract, or cooperative agreement under this section 
        shall prepare and submit to the Secretary an annual report. The 
        report shall describe the program activities undertaken with 
        funds received under the grant, contract, or cooperative 
        agreement, including each of the following:
                    ``(A) The programming that has been developed, 
                directly or indirectly, by the eligible entity, and the 
                target population of the programming.
                    ``(B) The support and training materials that have 
                been developed to accompany the programming, and the 
                method by which the materials are distributed to 
                consumers and users of the programming.

[[Page 129 STAT. 2037]]

                    ``(C) The means by which programming developed under 
                this section has been distributed, including the 
                distance learning technologies that have been utilized 
                to make programming available, and the geographic 
                distribution achieved through such technologies.
                    ``(D) The initiatives undertaken by the entity to 
                develop public-private partnerships to secure non-
                Federal support for the development, distribution, and 
                broadcast of educational and instructional programming.
            ``(2) Report to congress.--The Secretary shall prepare and 
        submit to the Committee on Health, Education, Labor, and 
        Pensions of the Senate and the Committee on Education and the 
        Workforce of the House of Representatives a biannual report that 
        includes the following:
                    ``(A) A summary of the activities assisted under 
                subsection (a).
                    ``(B) A description of the education and training 
                materials made available under subsection (a)(1)(B)(v), 
                the manner in which outreach has been conducted to 
                inform parents and child care providers of the 
                availability of such materials, and the manner in which 
                such materials have been distributed in accordance with 
                such subsection.

    ``(d) Administrative Costs.--An entity that receives a grant, 
contract, or cooperative agreement under this section may use up to 5 
percent of the amount received under the grant, contract, or agreement 
for the normal and customary expenses of administering the grant, 
contract, or agreement.
    ``(e) Funding Rule.--Not less than 60 percent of the amount used by 
the Secretary to carry out this section for each fiscal year shall be 
used to carry out activities under clauses (ii) through (iv) of 
subsection (a)(1)(B).
``SEC. 4644. <<NOTE: 20 USC 7294.>> SUPPORTING HIGH-ABILITY 
                          LEARNERS AND LEARNING.

    ``(a) Purpose.--The purpose of this section is to promote and 
initiate a coordinated program, to be known as the `Jacob K. Javits 
Gifted and Talented Students Education Program', of evidence-based 
research, demonstration projects, innovative strategies, and similar 
activities designed to build and enhance the ability of elementary 
schools and secondary schools nationwide to identify gifted and talented 
students and meet their special educational needs.
    ``(b) Program Authorized.--
            ``(1) In general.--The Secretary (after consultation with 
        experts in the field of the education of gifted and talented 
        students) shall make awards to, or enter into contracts with, 
        State educational agencies, local educational agencies, the 
        Bureau of Indian Education, institutions of higher education, 
        other public agencies, and other private agencies and 
        organizations to assist such agencies, institutions, or 
        organizations, or the Bureau, in carrying out programs or 
        projects to fulfill the purpose described in section 4641(a)(3), 
        including the training of personnel in the identification and 
        education of gifted and talented students and in the use, where 
        appropriate, of gifted and talented services, materials, and 
        methods for all students.
            ``(2) Application.--Each entity seeking assistance under 
        this section shall submit an application to the Secretary at

[[Page 129 STAT. 2038]]

        such time and in such manner as the Secretary may reasonably 
        require. Each application shall describe how--
                    ``(A) the proposed identification methods, as well 
                as gifted and talented services, materials, and methods, 
                can be adapted, if appropriate, for use by all students; 
                and
                    ``(B) the proposed programs can be evaluated.

    ``(c) Uses of Funds.--Programs and projects assisted under this 
section may include any of the following:
            ``(1) Conducting evidence-based research on methods and 
        techniques for identifying and teaching gifted and talented 
        students and for using gifted and talented programs and methods 
        to identify and provide the opportunity for all students to be 
        served, particularly low-income and at-risk students.
            ``(2) Establishing and operating programs and projects for 
        identifying and serving gifted and talented students, including 
        innovative methods and strategies (such as summer programs, 
        mentoring programs, peer tutoring programs, service learning 
        programs, and cooperative learning programs involving business, 
        industry and education) for identifying and educating students 
        who may not be served by traditional gifted and talented 
        programs.
            ``(3) Providing technical assistance and disseminating 
        information, which may include how gifted and talented programs 
        and methods may be adapted for use by all students, particularly 
        low-income and at-risk students.

    ``(d) Center for Research and Development.--
            ``(1) In general.--The Secretary (after consultation with 
        experts in the field of the education of gifted and talented 
        students) shall establish a National Research Center for the 
        Education of Gifted and Talented Children and Youth through 
        grants to, or contracts with, one or more institutions of higher 
        education or State educational agencies, or a combination or 
        consortium of such institutions and agencies and other public or 
        private agencies and organizations, for the purpose of carrying 
        out activities described in subsection (c).
            ``(2) Director.--The National Center shall be headed by a 
        Director. The Secretary may authorize the Director to carry out 
        such functions of the National Center as may be agreed upon 
        through arrangements with institutions of higher education, 
        State educational agencies, local educational agencies, or other 
        public or private agencies and organizations.

    ``(e) Coordination.--Evidence-based activities supported under this 
section--
            ``(1) shall be carried out in consultation with the 
        Institute of Education Sciences to ensure that such activities 
        are coordinated with and enhance the research and development 
        activities supported by the Institute; and
            ``(2) may include collaborative evidence-based activities 
        that are jointly funded and carried out with such Institute.

    ``(f) General Priority.--In carrying out this section, the Secretary 
shall give highest priority to programs and projects designed to--
            ``(1) develop new information that--
                    ``(A) improves the capability of schools to plan, 
                conduct, and improve programs to identify and serve 
                gifted and talented students; or

[[Page 129 STAT. 2039]]

                    ``(B) assists schools in the identification of, and 
                provision of services to, gifted and talented students 
                (including economically disadvantaged individuals, 
                individuals who are English learners, and children with 
                disabilities) who may not be identified and served 
                through traditional assessment methods; or
            ``(2) implement evidence-based activities, defined in this 
        paragraph as activities meeting the requirements of section 
        8101(21)(A)(i).

    ``(g) Participation of Private School Children and Teachers.--In 
making grants and entering into contracts under this section, the 
Secretary shall ensure, where appropriate, that provision is made for 
the equitable participation of students and teachers in private 
nonprofit elementary schools and secondary schools, including the 
participation of teachers and other personnel in professional 
development programs serving such students.
    ``(h) Review, Dissemination, and Evaluation.--The Secretary shall--
            ``(1) use a peer-review process in reviewing applications 
        under this section;
            ``(2) ensure that information on the activities and results 
        of programs and projects funded under this section is 
        disseminated to appropriate State educational agencies, local 
        educational agencies, and other appropriate organizations, 
        including private nonprofit organizations; and
            ``(3) evaluate the effectiveness of programs under this 
        section in accordance with section 8601, in terms of the impact 
        on students traditionally served in separate gifted and talented 
        programs and on other students, and submit the results of such 
        evaluation to Congress not later than 2 years after the date of 
        enactment of the Every Student Succeeds Act.

    ``(i) Program Operations.--The Secretary shall ensure that the 
programs under this section are administered within the Department by a 
person who has recognized professional qualifications and experience in 
the field of the education of gifted and talented students and who 
shall--
            ``(1) administer and coordinate the programs authorized 
        under this section;
            ``(2) serve as a focal point of national leadership and 
        information on the educational needs of gifted and talented 
        students and the availability of educational services and 
        programs designed to meet such needs;
            ``(3) assist the Director of the Institute of Education 
        Sciences in identifying research priorities that reflect the 
        needs of gifted and talented students; and
            ``(4) disseminate, and consult on, the information developed 
        under this section with other offices within the Department.''.

             TITLE V--STATE INNOVATION AND LOCAL FLEXIBILITY

SEC. 5001. GENERAL PROVISIONS.

    (a) Title VI Redesignations.--Title VI (20 U.S.C. 7301 et seq.) is 
redesignated as title V and further amended--
            (1) by redesignating sections 6121 through 6123 <<NOTE: 20 
        USC 7305, 7305a, 7305b.>> as sections 5101 through 5103, 
        respectively;

[[Page 129 STAT. 2040]]

            (2) by redesignating sections 6201 and 6202 <<NOTE: 20 USC 
        7341, 7341a.>> as sections 5201 and 5202, respectively;
            (3) by redesignating sections 6211 through 6213 <<NOTE: 20 
        USC 7345, 7345a, 7345b.>> as sections 5211 through 5213, 
        respectively;
            (4) by redesignating sections 6221 through 6224 <<NOTE: 20 
        USC 7351, 7351a-7351c.>> as sections 5221 through 5224, 
        respectively; and
            (5) by redesignating sections 6231 through 6234 <<NOTE: 20 
        USC 7355, 7355a-7355c.>> as sections 5231 through 5234, 
        respectively.

    (b) Structural and Conforming Amendments.--Title V (as redesignated 
by subsection (a) of this section) is further amended--
            (1) <<NOTE: 20 USC 7301, 7301a, 7301b, 7311, 7311a, 7311b, 
        7315, 7315a-7315c, 7321, 7321a-7321e, 7325, 7325a-7325c.>> in 
        part A, by striking subparts 1, 3, and 4;
            (2) <<NOTE: 20 USC 7355.>> by striking ``section 6212'' each 
        place it appears and inserting ``section 5212'';
            (3) <<NOTE: 20 USC 7351, 7351c.>> by striking ``section 
        6223'' each place it appears and inserting ``section 5223''; and
            (4) <<NOTE: 20 USC 7351.>> by striking ``section 6234'' each 
        place it appears and inserting ``section 5234''.
SEC. 5002. FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL 
                          AGENCIES.

    Part A of title V, as redesignated and amended by section 5001 of 
this Act, is further amended--
            (1) in the part heading, by striking ``improving academic 
        achievement'' and inserting ``funding transferability for state 
        and local educational agencies'';
            (2) by striking ``Subpart 2--Funding Transferability for 
        State and Local Educational Agencies'';
            (3) <<NOTE: 20 USC 7305, 7305b.>> by striking ``subpart'' 
        each place it appears and inserting ``part'';
            (4) by amending section 5102 <<NOTE: 20 USC 7305a.>> to read 
        as follows:
``SEC. 5102. PURPOSE.

    ``The purpose of this part is to allow States and local educational 
agencies the flexibility to target Federal funds to the programs and 
activities that most effectively address the unique needs of States and 
localities.'';
            (5) in section 5103 <<NOTE: 20 USC 7305b.>> --
                    (A) in subsection (a)--
                          (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking ``not more 
                                than 50 percent of the nonadministrative 
                                State funds'' and inserting ``all, or 
                                any lesser amount, of State funds''; and
                                    (II) by striking subparagraphs (A) 
                                through (D) and inserting the following:
                    ``(A) Part A of title II.
                    ``(B) Part A of title IV.
                    ``(C) Section 4202(c)(3).''; and
                          (ii) by striking paragraph (2) and inserting 
                      the following;
            ``(2) Additional funds.--In accordance with this part, a 
        State may transfer any funds allotted to the State under a 
        provision listed in paragraph (1) for a fiscal year to its 
        allotment under any other of the following provisions:
                    ``(A) Part A of title I.
                    ``(B) Part C of title I.
                    ``(C) Part D of title I.
                    ``(D) Part A of title III.

[[Page 129 STAT. 2041]]

                    ``(E) Part B.''.
                    (B) in subsection (b)--
                          (i) in paragraph (1)--
                                    (I) in subparagraph (A), by striking 
                                ``(except'' and all that follows through 
                                ``subparagraph (C))'' and inserting 
                                ``may transfer all, or any lesser 
                                amount, of the funds allocated to it'';
                                    (II) by striking subparagraphs (B) 
                                and (C) and inserting:
                    ``(B) Additional funds.--In accordance with this 
                part, a local educational agency may transfer any funds 
                allotted to such agency under a provision listed in 
                paragraph (2) for a fiscal year to its allotment under 
                any other of the following provisions:
                          ``(i) Part A of title I.
                          ``(ii) Part C of title I.
                          ``(iii) Part D of title I.
                          ``(iv) Part A of title III.
                          ``(v) Part B.'';
                          (ii) in paragraph (2)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking 
                                ``subparagraph (A), (B), or (C)'' and 
                                inserting ``subparagraph (A) or (B)''; 
                                and
                                    (II) by striking subparagraphs (A) 
                                through (D) and inserting the following:
                    ``(A) Part A of title II.
                    ``(B) Part A of title IV.'';
                    (C) by striking subsection (c) and inserting the 
                following:

    ``(c) No Transfer of Certain Funding.--A State or local educational 
agency may not transfer under this part to any other program any funds 
allotted or allocated to it for the following provisions:
            ``(1) Part A of title I.
            ``(2) Part C of title I.
            ``(3) Part D of title I.
            ``(4) Part A of title III.
            ``(5) Part B.''; and
                    (D) in subsection (e)(2), by striking ``section 
                9501'' and inserting ``section 8501''.
SEC. 5003. RURAL EDUCATION INITIATIVE.

    Part B of title V, as redesignated and amended by section 5001 of 
this Act, is further amended--
            (1) in section 5211 <<NOTE: 20 USC 7345.>> --
                    (A) in subsection (a)(1), by striking subparagraphs 
                (A) through (E) and inserting the following:
                    ``(A) Part A of title I.
                    ``(B) Part A of title II.
                    ``(C) Title III.
                    ``(D) Part A or B of title IV.'';
                    (B) in subsection (b)(1)--
                          (i) in subparagraph (A)(ii)--
                                    (I) by striking ``school'' before 
                                ``locale code''; and

[[Page 129 STAT. 2042]]

                                    (II) by striking ``7 or 8, as 
                                determined by the Secretary; or'' and 
                                inserting ``41, 42, or 43, as determined 
                                by the Secretary;'';
                          (ii) in subparagraph (B), by striking the 
                      period at the end and inserting ``; or''; and
                          (iii) by adding at the end the following:
                    ``(C) the local educational agency is a member of an 
                educational service agency that does not receive funds 
                under this subpart and the local educational agency 
                meets the requirements of this part.''; and
                    (C) in subsection (c), by striking paragraphs (1) 
                through (3) and inserting the following:
            ``(1) Part A of title II.
            ``(2) Part A of title IV.'';
            (2) in section 5212 <<NOTE: 20 USC 7345a.>> --
                    (A) in subsection (a), by striking paragraphs (1) 
                through (5) and inserting the following:
            ``(1) Part A of title I.
            ``(2) Part A of title II.
            ``(3) Title III.
            ``(4) Part A or B of title IV.'';
                    (B) in subsection (b)--
                          (i) by striking paragraph (1) and inserting 
                      the following:
            ``(1) Allocation.--
                    ``(A) In general.--Except as provided in paragraphs 
                (3) and (4), the Secretary shall award a grant under 
                subsection (a) to a local educational agency eligible 
                under section 5211(b) for a fiscal year in an amount 
                equal to the initial amount determined under paragraph 
                (2) for the fiscal year minus the total amount received 
                by the agency under the provisions of law described in 
                section 5211(c) for the preceding fiscal year.
                    ``(B) Special determination.--For a local 
                educational agency that is eligible under section 
                5211(b)(1)(C) and is a member of an educational service 
                agency, the Secretary may determine the award amount by 
                subtracting from the initial amount determined under 
                paragraph (2), an amount that is equal to that local 
                educational agency's per-pupil share of the total amount 
                received by the educational service agency under the 
                provisions described in section 5211(c), as long as a 
                determination under this subparagraph would not 
                disproportionately affect any State.'';
                          (ii) by striking paragraph (2) and inserting 
                      the following:
            ``(2) Determination of initial amount.--
                    ``(A) In general.--The initial amount referred to in 
                paragraph (1) is equal to $100 multiplied by the total 
                number of students in excess of 50 students, in average 
                daily attendance at the schools served by the local 
                educational agency, plus $20,000, except that the 
                initial amount may not exceed $60,000.
                    ``(B) Special rule.--For any fiscal year for which 
                the amount made available to carry out this part is 
                $265,000,000 or more, subparagraph (A) shall be 
                applied--
                          ``(i) by substituting `$25,000' for `$20,000'; 
                      and

[[Page 129 STAT. 2043]]

                          ``(ii) by substituting `$80,000' for 
                      `$60,000'.''; and
                          (iii) by adding at the end the following:
            ``(4) Hold harmless.--For a local educational agency that is 
        not eligible under this subpart due to amendments made by the 
        Every Student Succeeds Act to section 5211(b)(1)(A)(ii) but met 
        the eligibility requirements under section 6211(b) as such 
        section was in effect on the day before the date of enactment of 
        the Every Student Succeeds Act, the agency shall receive--
                    ``(A) for fiscal year 2017, 75 percent of the amount 
                such agency received for fiscal year 2015;
                    ``(B) for fiscal year 2018, 50 percent of the amount 
                such agency received for fiscal year 2015; and
                    ``(C) for fiscal year 2019, 25 percent of the amount 
                such agency received for fiscal year 2015.''; and
                    (C) by striking subsection (d);
            (3) <<NOTE: 20 USC 7345b.>> by striking section 5213;
            (4) in section 5221 <<NOTE: 20 USC 7351.>> --
                    (A) in subsection (a), by striking ``section 
                6222(a)'' and inserting ``section 5222(a)'';
                    (B) in subsection (b)--
                          (i) in paragraph (1)--
                                    (I) by striking ``(A) 20 percent'' 
                                and inserting ``(A)(i) 20 percent'';
                                    (II) by redesignating subparagraph 
                                (B) as clause (ii);
                                    (III) in clause (ii) (as 
                                redesignated by subclause (II))--
                                            (aa) by striking ``school'' 
                                        before ``locale code'';
                                            (bb) by striking ``6, 7, or 
                                        8'' and inserting ``32, 33, 41, 
                                        42, or 43''; and
                                            (cc) by striking the period 
                                        at the end and inserting ``; 
                                        or''; and
                                    (IV) by adding at the end the 
                                following:
                    ``(B) the agency meets the criteria established in 
                clause (i) of subparagraph (A) and the Secretary, in 
                accordance with paragraph (2), grants the local 
                educational agency's request to waive the criteria 
                described in clause (ii) of such subparagraph.'';
                          (ii) by redesignating paragraph (2) as 
                      paragraph (3); and
                          (iii) by inserting after paragraph (1) the 
                      following:
            ``(2) Certification.--The Secretary shall determine whether 
        to waive the criteria described in paragraph (1)(A)(ii) based on 
        a demonstration by the local educational agency, and concurrence 
        by the State educational agency, that the local educational 
        agency is located in an area defined as rural by a governmental 
        agency of the State.'';
                    (C) in subsection (c)(1) by striking ``Bureau of 
                Indian Affairs'' and inserting ``Bureau of Indian 
                Education'';
            (5) in section 5222(a), <<NOTE: 20 USC 7351a.>> by striking 
        paragraphs (1) through (7) and inserting the following:
            ``(1) Activities authorized under part A of title I.
            ``(2) Activities authorized under part A of title II.
            ``(3) Activities authorized under title III.
            ``(4) Activities authorized under part A of title IV.

[[Page 129 STAT. 2044]]

            ``(5) Parental involvement activities.'';
            (6) in section 5223--
                    (A) in subsection (a), by striking ``at such time, 
                in such manner, and accompanied by such information'' 
                and inserting ``at such time and in such manner''; and
                    (B) by striking subsection (b) and inserting the 
                following:

    ``(b) Contents.--Each application submitted under subsection (a) 
shall include information on--
            ``(1) program objectives and outcomes for activities under 
        this subpart, including how the State educational agency or 
        specially qualified agency will use funds to help all students 
        meet the challenging State academic standards;
            ``(2) if the State educational agency will competitively 
        award grants to eligible local educational agencies, as 
        described in section 5221(b)(3)(A), the application under the 
        section shall include--
                    ``(A) the methods and criteria the State educational 
                agency will use to review applications and award funds 
                to local educational agencies on a competitive basis; 
                and
                    ``(B) how the State educational agency will notify 
                eligible local educational agencies of the grant 
                competition; and
            ``(3) a description of how the State educational agency will 
        provide technical assistance to eligible local educational 
        agencies to help such agencies implement the activities 
        described in section 5222.'';
            (7) in section 5224-- <<NOTE: 20 USC 7351c.>> 
                    (A) by striking the section heading and all that 
                follows through ``Each'' and inserting the following: 
                ``report.--Each'';
                    (B) by striking subsections (b) through (e);
                    (C) in the matter preceding paragraph (1), by 
                inserting ``or specially qualified agency'' after ``Each 
                State educational agency'';
                    (D) by striking paragraph (1) and inserting the 
                following:
            ``(1) if the report is submitted by a State educational 
        agency, the method the State educational agency used to award 
        grants to eligible local educational agencies, and to provide 
        assistance to schools, under this subpart;''; and
                    (E) by striking paragraph (3) and inserting the 
                following:
            ``(3) the degree to which progress has been made toward 
        meeting the objectives and outcomes described in the application 
        submitted under section 5223, including having all students in 
        the State or the area served by the specially qualified agency, 
        as applicable, meet the challenging State academic standards.'';
            (8) by inserting after section 5224 the following:
``SEC. 5225. <<NOTE: 20 USC 7351d.>> CHOICE OF PARTICIPATION.

    ``(a) In General.--If a local educational agency is eligible for 
funding under both this subpart and subpart 1, such local educational 
agency may receive funds under either this subpart or subpart 1 for a 
fiscal year, but may not receive funds under both subparts for such 
fiscal year.

[[Page 129 STAT. 2045]]

    ``(b) Notification.--A local educational agency eligible for funding 
under both this subpart and subpart 1 shall notify the Secretary and the 
State educational agency under which of such subparts the local 
educational agency intends to receive funds for a fiscal year by a date 
that is established by the Secretary for the notification.''; and
            (9) in section 5234, <<NOTE: 20 USC 7355c.>> by striking 
        ``$300,000,000 for fiscal year 2002 and such sums as may be 
        necessary for each of the 5 succeeding fiscal years,'' and 
        inserting ``$169,840,000 for each of the fiscal years 2017 
        through 2020,''.
SEC. 5004. GENERAL PROVISIONS.

    Part C of title V, as redesignated by section 5001 of this Act, is 
amended to read as follows:

                      ``PART C--GENERAL PROVISIONS

``SEC. 5301. <<NOTE: 20 USC 7371.>> PROHIBITION AGAINST FEDERAL 
                          MANDATES, DIRECTION, OR CONTROL.

    ``Nothing in this title shall be construed to authorize an officer 
or employee of the Federal Government to mandate, direct, or control a 
State, local educational agency, or school's specific instructional 
content, academic standards and assessments, curriculum, or program of 
instruction, as a condition of eligibility to receive funds under this 
Act.
``SEC. 5302. <<NOTE: 20 USC 7372.>> RULE OF CONSTRUCTION ON 
                          EQUALIZED SPENDING.

    ``Nothing in this title shall be construed to mandate equalized 
spending per pupil for a State, local educational agency, or school.''.
SEC. 5005. <<NOTE: 20 USC 7341a note.>> REVIEW RELATING TO RURAL 
                          LOCAL EDUCATIONAL AGENCIES.

    (a) Review and Report.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Education shall--
            (1) review the organization, structure, and process and 
        procedures of the Department of Education for administering its 
        programs and developing policy and regulations, in order to--
                    (A) assess the methods and manner through which, and 
                the extent to which, the Department of Education takes 
                into account, considers input from, and addresses the 
                unique needs and characteristics of rural schools and 
                rural local educational agencies; and
                    (B) determine actions that the Department of 
                Education can take to meaningfully increase the 
                consideration and participation of rural schools and 
                rural local educational agencies in the development and 
                execution of the processes, procedures, policies, and 
                regulations of the Department of Education;
            (2) make public a preliminary report containing the 
        information described in paragraph (1) and provide Congress and 
        the public with 60 days to comment on the proposed actions 
        described in paragraph (1)(B); and
            (3) issue a final report to the Committee on Health, 
        Education, Labor, and Pensions of the Senate, and the Committee 
        on Education and the Workforce of the House of Representatives, 
        which shall describe the final actions developed pursuant

[[Page 129 STAT. 2046]]

        to paragraph (1)(B) after taking into account the comments 
        submitted under paragraph (2).

    (b) Implementation.--Not later than 2 years after the date of 
enactment of this Act, the Secretary of Education shall--
            (1) carry out each action described in the report under 
        subsection (a)(3); or
            (2) in a case in which an action is not carried out, provide 
        a written explanation to the Committee on Health, Education, 
        Labor, and Pensions of the Senate and the Committee on Education 
        and the Workforce of the House of Representatives of why the 
        action was not carried out.

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

SEC. 6001. CONFORMING AMENDMENTS.

    (a) Redesignation of Title.--Title VII (20 U.S.C. 7401 et seq.) is 
redesignated as title VI.
    (b) Redesignations and Conforming Amendments.--The Act (20 U.S.C. 
6301 et seq.) is amended--
            (1) <<NOTE: 20 USC 7401, 7402, 7421-7429, 7441, 7442, 7451-
        7456, 7471-7474, 7491, 7492, 7511-7517, 7541-7546.>> by 
        redesignating sections 7101, 7102, 7111, 7112, 7113, 7114, 7115, 
        7116, 7117, 7118, 7119, 7121, 7122, 7131, 7132, 7133, 7134, 
        7135, 7136, 7141, 7142, 7143, 7144, 7151, 7152, 7201, 7202, 
        7203, 7204, 7205, 7206, 7207, 7301, 7302, 7303, 7304, 7305, and 
        7306, as sections 6101, 6102, 6111, 6112, 6113, 6114, 6115, 
        6116, 6117, 6118, 6119, 6121, 6122, 6131, 6132, 6133, 6134, 
        6135, 6136, 6141, 6142, 6143, 6144, 6151, 6152, 6201, 6202, 
        6203, 6204, 6205, 6206, 6207, 6301, 6302, 6303, 6304, 6305, and 
        6306, respectively;
            (2) in section 6112 <<NOTE: 20 USC 7422.>> (as so 
        redesignated), in subsection (b)(1), by striking ``section 
        7117'' and inserting ``section 6117'';
            (3) in section 6113 <<NOTE: 20 USC 7423.>> (as so 
        redesignated)--
                    (A) in subsection (a)(1)(A), is amended by striking 
                ``section 7117'' and inserting ``section 6117'';
                    (B) in subsection (b)(1), by striking ``section 
                7112'' and inserting ``section 6112'';
                    (C) in subsection (d)(2)--
                          (i) by striking ``section 7114'' the first 
                      place it appears and inserting ``section 6114''; 
                      and
                          (ii) by striking ``section 7114(c)(4), section 
                      7118(c), or section 7119'' and inserting ``section 
                      6114(c)(4), section 6118(c), or section 6119''; 
                      and
                    (D) in subsection (e), by striking ``section 
                7152(a)'' and inserting ``6152(a)'';
            (4) in section 6114 <<NOTE: 20 USC 7424.>> (as so 
        redesignated)--
                    (A) in subsection (b)(4), by striking ``section 
                7115'' and inserting ``section 6115''; and
                    (B) in subsection (c)(4)(D), by striking ``section 
                7115(c)'' and inserting ``section 6115(c)'';
            (5) in section 6115 <<NOTE: 20 USC 7425.>> (as so 
        redesignated)--
                    (A) in subsection (a)--
                          (i) in the matter preceding paragraph (1), by 
                      striking ``section 7111'' and inserting ``section 
                      6111''; and
                          (ii) in paragraph (1), by striking ``section 
                      7114(a)'' and inserting ``section 6114(a)''; and

[[Page 129 STAT. 2047]]

                    (B) in subsection (c)--
                          (i) in paragraph (1), by striking ``section 
                      7114(c)(4)'' and inserting ``section 6114(c)(4)''; 
                      and
                          (ii) in paragraph (2), by striking ``section 
                      7111'' and inserting ``section 6111'';
            (6) in section 6116 <<NOTE: 20 USC 7426.>> (as so 
        redesignated), in subsection (d)(9), by striking ``section 
        7114(c)(4)'' and inserting ``section 6114(c)(4)'';
            (7) in section 6117 <<NOTE: 20 USC 7427.>> (as so 
        redesignated)--
                    (A) in subsection (b)(1)(A)(i), by striking 
                ``section 7151'' and inserting ``section 6151'';
                    (B) in subsection (c), by striking ``section 7151'' 
                and inserting ``section 6151'';
                    (C) in subsection (f)(3), by striking ``section 
                7113'' and inserting ``section 6113''; and
                    (D) in subsection (h)(1), by striking ``section 
                7114'' and inserting ``section 6114'';
            (8) in section 6118 <<NOTE: 20 USC 7428.>> (as so 
        redesignated), in subsection (a), by striking ``section 7113'' 
        and inserting ``section 6113'';
            (9) in section 6119 <<NOTE: 20 USC 7429.>> (as so 
        redesignated), by striking ``section 7114'' and inserting 
        ``section 6114''; and
            (10) in section 6205 <<NOTE: 20 USC 7515.>> (as so 
        redesignated), in subsection (c)--
                    (A) in paragraph (1), by striking ``section 7204'' 
                and inserting ``section 6204''; and
                    (B) in paragraph (2), by striking ``section 7204'' 
                and inserting ``section 6204''.
SEC. 6002. INDIAN EDUCATION.

    (a) Statement of Policy.--Section 6101 (20 U.S.C. 7401) (as 
redesignated by section 6001) is amended by adding at the end the 
following: ``It is further the policy of the United States to ensure 
that Indian children do not attend school in buildings that are 
dilapidated or deteriorating, which may negatively affect the academic 
success of such children.''.
    (b) Purpose.--Section 6102 (20 U.S.C. 7402) (as redesignated by 
section 6001) is amended to read as follows:
``SEC. 6102. PURPOSE.

    ``It is the purpose of this part to support the efforts of local 
educational agencies, Indian tribes and organizations, postsecondary 
institutions, and other entities--
            ``(1) to meet the unique educational and culturally related 
        academic needs of Indian students, so that such students can 
        meet the challenging State academic standards;
            ``(2) to ensure that Indian students gain knowledge and 
        understanding of Native communities, languages, tribal 
        histories, traditions, and cultures; and
            ``(3) to ensure that teachers, principals, other school 
        leaders, and other staff who serve Indian students have the 
        ability to provide culturally appropriate and effective 
        instruction and supports to such students.''.

    (c) Purpose.--Section 6111 (20 U.S.C. 7421) (as redesignated by 
section 6001) is amended to read as follows:
``SEC. 6111. PURPOSE.

    ``It is the purpose of this subpart to support the efforts of local 
educational agencies, Indian tribes and organizations, and

[[Page 129 STAT. 2048]]

other entities in developing elementary school and secondary school 
programs for Indian students that are designed to--
            ``(1) meet the unique cultural, language, and educational 
        needs of such students; and
            ``(2) ensure that all students meet the challenging State 
        academic standards.''.

    (d) Grants to Local Educational Agencies and Tribes.--Section 6112 
(20 U.S.C. 7422) (as redesignated by section 6001) is amended--
            (1) by striking subsection (a) and inserting the following:

    ``(a) In General.--The Secretary may make grants, from allocations 
made under section 6113, and in accordance with this section and section 
6113, to--
            ``(1) local educational agencies;
            ``(2) Indian tribes, as provided under subsection (c)(1);
            ``(3) Indian organizations, as provided under subsection 
        (c)(1);
            ``(4) consortia of 2 or more local educational agencies, 
        Indian tribes, Indian organizations, or Indian community-based 
        organizations, if each local educational agency participating in 
        such a consortium, if applicable--
                    ``(A) provides an assurance that the eligible Indian 
                children served by such local educational agency will 
                receive the services of the programs funded under this 
                subpart; and
                    ``(B) is subject to all the requirements, 
                assurances, and obligations applicable to local 
                educational agencies under this subpart; and
            ``(5) Indian community-based organizations, as provided 
        under subsection (d)(1).'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``A local 
                educational agency shall'' and inserting ``Subject to 
                paragraph (2), a local educational agency shall'';
                    (B) by redesignating paragraph (2) as paragraph (3); 
                and
                    (C) by inserting after paragraph (1) the following:
            ``(2) Cooperative agreements.--A local educational agency 
        may enter into a cooperative agreement with an Indian tribe 
        under this subpart if such Indian tribe--
                    ``(A) represents not less than 25 percent of the 
                eligible Indian children who are served by such local 
                educational agency; and
                    ``(B) requests that the local educational agency 
                enter into a cooperative agreement under this 
                subpart.''; and
            (3) by striking subsection (c) and inserting the following:

    ``(c) Indian Tribes and Indian Organizations.--
            ``(1) In general.--If a local educational agency that is 
        otherwise eligible for a grant under this subpart does not 
        establish a committee under section 6114(c)(4) for such grant, 
        an Indian tribe, an Indian organization, or a consortium of such 
        entities, that represents more than one-half of the eligible 
        Indian children who are served by such local educational agency 
        may apply for such grant.
            ``(2) Special rule.--
                    ``(A) In general.--The Secretary shall treat each 
                Indian tribe, Indian organization, or consortium of such

[[Page 129 STAT. 2049]]

                entities applying for a grant pursuant to paragraph (1) 
                as if such tribe, Indian organization, or consortium 
                were a local educational agency for purposes of this 
                subpart.
                    ``(B) Exceptions.--Notwithstanding subparagraph (A), 
                such Indian tribe, Indian organization, or consortium 
                shall not be subject to the requirements of subsections 
                (b)(7) or (c)(4) of section 6114 or section 6118(c) or 
                6119.
            ``(3) Assurance to serve all indian children.--An Indian 
        tribe, Indian organization, or consortium of such entities that 
        is eligible to apply for a grant under paragraph (1) shall 
        include, in the application required under section 6114, an 
        assurance that the entity will use the grant funds to provide 
        services to all Indian students served by the local educational 
        agency.

    ``(d) Indian Community-based Organization.--
            ``(1) In general.--If no local educational agency pursuant 
        to subsection (b), and no Indian tribe, Indian organization, or 
        consortium pursuant to subsection (c), applies for a grant under 
        this subpart in a particular community, an Indian 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)(2) to an Indian 
        community-based organization applying for a grant under 
        paragraph (1) in the same manner as such rule applies to an 
        Indian tribe, Indian organization, or consortium described in 
        that subsection.
            ``(3) Definition of indian community-based organization.--In 
        this subsection, the term `Indian community-based organization' 
        means any organization that--
                    ``(A) is composed primarily of Indian parents, 
                family members, and community members, tribal government 
                education officials, and tribal members, from a specific 
                community;
                    ``(B) assists in the social, cultural, and 
                educational development of Indians in such community;
                    ``(C) meets the unique cultural, language, and 
                academic needs of Indian students; and
                    ``(D) demonstrates organizational and administrative 
                capacity to manage the grant.''.

    (e) Amount of Grants.--Section 6113 (20 U.S.C. 7423) (as 
redesignated by section 6001) is amended--
            (1) in subsection (b)(1), by striking ``Bureau of Indian 
        Affairs'' and inserting ``Bureau of Indian Education''; and
            (2) in subsection (d)--
                    (A) in the subsection heading, by striking ``Indian 
                Affairs'' and inserting ``Indian Education''; and
                    (B) in paragraph (1)(A)(i), by striking ``Bureau of 
                Indian Affairs'' and inserting ``Bureau of Indian 
                Education''.

    (f) Applications.--Section 6114 (20 U.S.C. 7424) (as redesignated by 
section 6001) is amended--
            (1) in subsection (a), by striking ``Each local educational 
        agency'' and inserting ``Each entity described in section 
        6112(a)'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``American Indian 
                and Alaska Native'' and inserting ``Indian'';

[[Page 129 STAT. 2050]]

                    (B) in paragraph (2)--
                          (i) in subparagraph (A), by striking ``is 
                      consistent with the State and local plans'' and 
                      inserting ``is consistent with the State, tribal, 
                      and local plans''; and
                          (ii) by striking subparagraph (B) and 
                      inserting the following:
            ``(B) includes program objectives and outcomes for 
        activities under this subpart that are based on the same 
        challenging State academic standards developed by the State 
        under title I for all students;'';
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) explains how the grantee will use funds made available 
        under this subpart to supplement other Federal, State, and local 
        programs that meet the needs of Indian students;'';
                    (D) in paragraph (5)(B), by striking ``and'' after 
                the semicolon;
                    (E) in paragraph (6)--
                          (i) in subparagraph (B)--
                                    (I) in clause (i), by striking 
                                ``and'' after the semicolon; and
                                    (II) by adding at the end the 
                                following:
                          ``(iii) the Indian tribes whose children are 
                      served by the local educational agency, consistent 
                      with section 444 of the General Education 
                      Provisions Act (20 U.S.C. 1232g) (commonly 
                      referred to as the `Family Educational Rights and 
                      Privacy Act of 1974'); and''; and
                          (ii) in subparagraph (C), by striking the 
                      period at the end and inserting ``; and''; and
                    (F) by adding at the end the following:
            ``(7) describes the process the local educational agency 
        used to meaningfully collaborate with Indian tribes located in 
        the community in a timely, active, and ongoing manner in the 
        development of the comprehensive program and the actions taken 
        as a result of such collaboration.'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``for the 
                education of Indian children,'' and inserting ``for 
                services described in this subsection,'';
                    (B) in paragraph (2)--
                          (i) in subparagraph (A), by striking ``and'' 
                      after the semicolon;
                          (ii) in subparagraph (B), by striking ``served 
                      by such agency;'' and inserting ``served by such 
                      agency, and meet program objectives and outcomes 
                      for activities under this subpart; and''; and
                          (iii) by adding at the end the following:
                    ``(C) determine the extent to which such activities 
                by the local educational agency address the unique 
                cultural, language, and educational needs of Indian 
                students;'';
                    (C) in paragraph (3)--
                          (i) in subparagraph (A), by striking 
                      ``American Indian and Alaska Native'' and 
                      inserting ``Indian''; and
                          (ii) in subparagraph (C)--
                                    (I) by inserting ``representatives 
                                of Indian tribes on Indian lands located 
                                within 50 miles of any school that the 
                                agency will serve if such

[[Page 129 STAT. 2051]]

                                tribes have any children in such school, 
                                Indian organizations,'' after ``parents 
                                of Indian children and teachers,''; and
                                    (II) by striking ``and'' after the 
                                semicolon;
                    (D) in paragraph (4)--
                          (i) in subparagraph (A)--
                                    (I) in clause (i), by inserting 
                                ``and family members'' after 
                                ``parents'';
                                    (II) by redesignating clauses (ii) 
                                and (iii) as clauses (iii) and (iv), 
                                respectively; and
                                    (III) by inserting after clause (i) 
                                the following:
                          ``(ii) representatives of Indian tribes on 
                      Indian lands located within 50 miles of any school 
                      that the agency will serve if such tribes have any 
                      children in such school;'';
                          (ii) by striking subparagraph (B) and 
                      inserting the following:
                    ``(B) a majority of whose members are parents and 
                family members of Indian children;'';
                          (iii) by striking subparagraph (C);
                          (iv) by redesignating subparagraphs (D) and 
                      (E) as subparagraphs (C) and (D), respectively; 
                      and
                          (v) in subparagraph (C) (as redesignated by 
                      clause (iv))--
                                    (I) in clause (i), by striking 
                                ``and'' after the semicolon;
                                    (II) in clause (ii), by striking 
                                ``American Indian and Alaska Native'' 
                                and inserting ``Indian''; and
                                    (III) by adding at the end the 
                                following:
                          ``(iii) determined that the program will 
                      directly enhance the educational experience of 
                      Indian students; and''; and
                          (vi) in subparagraph (D), as redesignated by 
                      clause (iv), by striking the period at the end and 
                      inserting a semicolon; and
                    (E) by adding at the end the following:
            ``(5) the local educational agency will coordinate 
        activities under this title with other Federal programs 
        supporting educational and related services administered by such 
        agency;
            ``(6) the local educational agency conducted outreach to 
        parents and family members to meet the requirements under this 
        paragraph;
            ``(7) the local educational agency will use funds received 
        under this subpart only for activities described and authorized 
        in this subpart; and
            ``(8) the local educational agency has set forth such 
        policies and procedures, including policies and procedures 
        relating to the hiring of personnel, as will ensure that the 
        program for which assistance is sought will be operated and 
        evaluated in consultation with, and with the involvement of, 
        parents and family members of the children, and representatives 
        of the area, to be served.''; and
            (4) by adding at the end the following:

    ``(d) Technical Assistance.--The Secretary shall, directly or by 
contract, provide technical assistance to a local educational agency or 
Bureau of Indian Education school upon request (in addition to any 
technical assistance available under other provisions

[[Page 129 STAT. 2052]]

of this Act or available through the Institute of Education Sciences) to 
support the services and activities provided under this subpart, 
including technical assistance for--
            ``(1) the development of applications under this subpart, 
        including identifying eligible entities that have not applied 
        for such grants and undertaking appropriate activities to 
        encourage such entities to apply for grants under this subpart;
            ``(2) improvement in the quality of implementation, content, 
        and evaluation of activities supported under this subpart; and
            ``(3) integration of activities under this subpart with 
        other educational activities carried out by the local 
        educational agency.''.

    (g) Authorized Services and Activities.--Section 6115 (20 U.S.C. 
7425) (as redesignated by section 6001) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``solely for the 
                services and activities described in such application'' 
                before the semicolon; and
                    (B) in paragraph (2), by striking ``with special 
                regard for'' and inserting ``to be responsive to'';
            (2) by striking subsection (b) and inserting the following:

    ``(b) Particular Activities.--The services and activities referred 
to in subsection (a) may include--
            ``(1) activities that support Native American language 
        programs and Native American language restoration programs, 
        which may be taught by traditional leaders;
            ``(2) culturally related activities that support the program 
        described in the application submitted by the local educational 
        agency;
            ``(3) early childhood and family programs that emphasize 
        school readiness;
            ``(4) enrichment programs that focus on problem solving and 
        cognitive skills development and directly support the attainment 
        of challenging State academic standards;
            ``(5) integrated educational services in combination with 
        other programs that meet the needs of Indian children and their 
        families, including programs that promote parental involvement 
        in school activities and increase student achievement;
            ``(6) career preparation activities to enable Indian 
        students to participate in programs such as the programs 
        supported by the Carl D. Perkins Career and Technical Education 
        Act of 2006 (20 U.S.C. 2301 et seq.), including programs for 
        tech-prep education, mentoring, and apprenticeship;
            ``(7) activities to educate individuals so as to prevent 
        violence, suicide, and substance abuse;
            ``(8) the acquisition of equipment, but only if the 
        acquisition of the equipment is essential to achieve the purpose 
        described in section 6111;
            ``(9) activities that promote the incorporation of 
        culturally responsive teaching and learning strategies into the 
        educational program of the local educational agency;
            ``(10) family literacy services;
            ``(11) activities that recognize and support the unique 
        cultural and educational needs of Indian children, and 
        incorporate appropriately qualified tribal elders and seniors;

[[Page 129 STAT. 2053]]

            ``(12) dropout prevention strategies for Indian students; 
        and
            ``(13) strategies to meet the educational needs of at-risk 
        Indian students in correctional facilities, including such 
        strategies that support Indian students who are transitioning 
        from such facilities to schools served by local educational 
        agencies.'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) the local educational agency identifies in its 
        application how the use of such funds in a schoolwide program 
        will produce benefits to Indian students that would not be 
        achieved if the funds were not used in a schoolwide program.''; 
        and
            (4) by adding at the end the following:

    ``(e) Limitation on the Use of Funds.--Funds provided to a grantee 
under this subpart may not be used for long-distance travel expenses for 
training activities that are available locally or regionally.''.
    (h) Integration of Services Authorized.--Section 6116 (20 U.S.C. 
7426) (as redesignated by section 6001) is amended--
            (1) in subsection (g), in the matter preceding paragraph 
        (1)--
                    (A) by striking ``No Child Left Behind Act of 2001'' 
                and inserting ``Every Student Succeeds Act'';
                    (B) by inserting ``the Secretary of Health and Human 
                Services,'' after ``the Secretary of the Interior,''; 
                and
                    (C) by inserting ``and coordination'' after 
                ``providing for the implementation''; and
            (2) in subsection (o)--
                    (A) in paragraph (1), by striking ``the No Child 
                Left Behind Act of 2001'' and inserting ``the Every 
                Student Succeeds Act''; and
                    (B) in paragraph (2)--
                          (i) by striking ``the No Child Left Behind Act 
                      of 2001'' and inserting ``the Every Student 
                      Succeeds Act''; and
                          (ii) by striking the second sentence.

    (i) Student Eligibility Forms.--Section 6117 (20 U.S.C. 7427) (as 
redesignated by section 6001) is amended--
            (1) in subsection (a), by adding at the end the following: 
        ``All individual data collected shall be protected by the local 
        educational agencies and only aggregated data shall be reported 
        to the Secretary.'';
            (2) by striking subsection (d);
            (3) by redesignating subsections (e), (f), (g), and (h), as 
        subsections (d), (e), (f), and (g), respectively;
            (4) by striking subsection (d), as redesignated by paragraph 
        (4), and inserting the following:

    ``(d) Documentation and Types of Proof.--
            ``(1) Types of proof.--For purposes of determining whether a 
        child is eligible to be counted for the purpose of computing the 
        amount of a grant award under section 6113, the membership of 
        the child, or any parent or grandparent of the child, in a tribe 
        or band of Indians (as so defined)

[[Page 129 STAT. 2054]]

        may be established by proof other than an enrollment number, 
        notwithstanding the availability of an enrollment number for a 
        member of such tribe or band. Nothing in subsection (b) shall be 
        construed to require the furnishing of an enrollment number.
            ``(2) No new or duplicative determinations.--Once a child is 
        determined to be an Indian eligible to be counted for such grant 
        award, the local educational agency shall maintain a record of 
        such determination and shall not require a new or duplicate 
        determination to be made for such child for a subsequent 
        application for a grant under this subpart.
            ``(3) Previously filed forms.--An Indian student eligibility 
        form that was on file as required by this section on the day 
        before the date of enactment of the Every Student Succeeds Act 
        and that met the requirements of this section, as this section 
        was in effect on the day before the date of the enactment of 
        such Act, shall remain valid for such Indian student.'';
            (5) in subsection (f), as redesignated by paragraph (4), by 
        striking ``Bureau of Indian Affairs'' and inserting ``Bureau of 
        Indian Education''; and
            (6) in subsection (g), as redesignated by paragraph (4), by 
        striking ``subsection (g)(1)'' and inserting ``subsection 
        (f)(1)''.

    (j) Payments.--Section 6118 (20 U.S.C. 7428) (as redesignated by 
section 6001) is amended, by striking subsection (c) and inserting the 
following:
    ``(c) Reduction of Payment for Failure To Maintain Fiscal Effort.--
Each local educational agency shall maintain fiscal effort in accordance 
with section 8521 or be subject to reduced payments under this subpart 
in accordance with such section 8521.''.
    (k) Improvement of Educational Opportunities for Indian Children and 
Youth.--Section 6121 (20 U.S.C. 7441) (as redesignated by section 6001) 
is amended--
            (1) by striking the section header and inserting the 
        following:
``SEC. 6121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN 
                          CHILDREN AND YOUTH.'';
            (2) in subsection (a)--
                    (A) in paragraph (1), by inserting ``and youth'' 
                after ``Indian children''; and
                    (B) in paragraph (2)(B), by striking ``American 
                Indian and Alaska Native children'' and inserting 
                ``Indian children and youth'';
            (3) in subsection (b), by striking ``Indian institution 
        (including an Indian institution of higher education)'' and 
        inserting ``a Tribal College or University (as defined in 
        section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
        1059c(b)))'';
            (4) by striking subsection (c) and inserting the following:

    ``(c) Grants Authorized.--The Secretary shall award grants to 
eligible entities to enable such entities to carry out activities that 
meet the purpose of this section, including--
            ``(1) innovative programs related to the educational needs 
        of educationally disadvantaged Indian children and youth;
            ``(2) educational services that are not available to such 
        children and youth in sufficient quantity or quality, including

[[Page 129 STAT. 2055]]

        remedial instruction, to raise the achievement of Indian 
        children in one or more of the subjects of English, mathematics, 
        science, foreign languages, art, history, and geography;
            ``(3) bilingual and bicultural programs and projects;
            ``(4) special health and nutrition services, and other 
        related activities, that address the special health, social, and 
        psychological problems of Indian children and youth;
            ``(5) special compensatory and other programs and projects 
        designed to assist and encourage Indian children and youth to 
        enter, remain in, or reenter school, and to increase the rate of 
        high school graduation for Indian children and youth;
            ``(6) comprehensive guidance, counseling, and testing 
        services;
            ``(7) early childhood education programs that are effective 
        in preparing young children to make sufficient academic growth 
        by the end of grade 3, including kindergarten and pre-
        kindergarten programs, family-based preschool programs that 
        emphasize school readiness, screening and referral, and the 
        provision of services to Indian children and youth with 
        disabilities;
            ``(8) partnership projects between local educational 
        agencies and institutions of higher education that allow 
        secondary school students to enroll in courses at the 
        postsecondary level to aid such students in the transition from 
        secondary to postsecondary education;
            ``(9) partnership projects between schools and local 
        businesses for career preparation programs designed to provide 
        Indian youth with the knowledge and skills such youth need to 
        make an effective transition from school to a high-skill career;
            ``(10) programs designed to encourage and assist Indian 
        students to work toward, and gain entrance into, institutions of 
        higher education;
            ``(11) family literacy services;
            ``(12) activities that recognize and support the unique 
        cultural and educational needs of Indian children and youth, and 
        incorporate traditional leaders;
            ``(13) high-quality professional development of teaching 
        professionals and paraprofessionals; or
            ``(14) other services that meet the purpose described in 
        this section.''; and
            (5) in subsection (d)--
                    (A) in paragraph (1)(C), by striking ``make a grant 
                payment for a grant described in this paragraph to an 
                eligible entity after the initial year of the multiyear 
                grant only if the Secretary determines'' and inserting 
                ``award grants for an initial period of not more than 3 
                years and may renew such grants for not more than an 
                additional 2 years if the Secretary determines''; and
                    (B) in paragraph (3)(B)--
                          (i) in clause (i), by striking ``parents of 
                      Indian children'' and inserting ``parents and 
                      family of Indian children''; and
                          (ii) in clause (iii), by striking 
                      ``information demonstrating that the proposed 
                      program for the activities is a scientifically 
                      based research program'' and inserting 
                      ``information demonstrating that the proposed 
                      program is an evidence-based program''.

[[Page 129 STAT. 2056]]

    (l) Professional Development for Teachers and Education 
Professionals.--Section 6122 (20 U.S.C. 7442) (as redesignated by 
section 6001) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) to increase the number of qualified Indian teachers 
        and administrators serving Indian students;'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) to provide pre- and in-service training and support to 
        qualified Indian individuals to enable such individuals to 
        become effective teachers, principals, other school leaders, 
        administrators, paraprofessionals, counselors, social workers, 
        and specialized instructional support personnel;'';
                    (C) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(4) to develop and implement initiatives to promote 
        retention of effective teachers, principals, and school leaders 
        who have a record of success in helping low-achieving Indian 
        students improve their academic achievement, outcomes, and 
        preparation for postsecondary education or employment.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``including an 
                Indian institution of higher education'' and inserting 
                ``including a Tribal College or University, as defined 
                in section 316(b) of the Higher Education Act of 1965 
                (20 U.S.C. 1059c(b))''; and
                    (B) in paragraph (4), by inserting ``in a consortium 
                with at least one Tribal College or University, as 
                defined in section 316(b) of the Higher Education Act of 
                1965 (20 U.S.C. 1059c(b)), where feasible'' before the 
                period at the end;
            (3) in subsection (d)(1)--
                    (A) in the first sentence, by striking ``purposes'' 
                and inserting ``purpose''; and
                    (B) by striking the second sentence and inserting 
                ``Such activities may include--
                    ``(A) continuing education programs, symposia, 
                workshops, and conferences;
                    ``(B) teacher mentoring programs, professional 
                guidance, and instructional support provided by 
                educators, local traditional leaders, or cultural 
                experts, as appropriate for teachers during their first 
                3 years of employment as teachers;
                    ``(C) direct financial support; and
                    ``(D) programs designed to train traditional leaders 
                and cultural experts to assist those personnel 
                referenced in subsection (a)(2), as appropriate, with 
                relevant Native language and cultural mentoring, 
                guidance, and support.''; and
            (4) by striking subsection (e) and inserting the following:

    ``(e) Application.--Each eligible entity desiring a grant under this 
section shall submit an application to the Secretary at such time and in 
such manner as the Secretary may reasonably require.

[[Page 129 STAT. 2057]]

At a minimum, an application under this section shall describe how the 
eligible entity will--
            ``(1) recruit qualified Indian individuals, such as students 
        who may not be of traditional college age, to become teachers, 
        principals, or school leaders;
            ``(2) use funds made available under the grant to support 
        the recruitment, preparation, and professional development of 
        Indian teachers or principals in local educational agencies that 
        serve a high proportion of Indian students; and
            ``(3) assist participants in meeting the requirements under 
        subsection (h).'';
            (5) in subsection (f)--
                    (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (3), respectively;
                    (B) by inserting before paragraph (2), as 
                redesignated by subparagraph (A), the following:
            ``(1) may give priority to Tribal Colleges and 
        Universities;''; and
                    (C) in paragraph (3), as redesignated by 
                subparagraph (A), by striking ``basis of'' and all that 
                follows through the period at the end and inserting 
                ``basis of the length of any period for which the 
                eligible entity has received a grant.'';
            (6) by striking subsection (g) and inserting the following:

    ``(g) Grant Period.--The Secretary shall award grants under this 
section for an initial period of not more than 3 years, and may renew 
such grants for an additional period of not more than 2 years if the 
Secretary finds that the grantee is achieving the objectives of the 
grant.''; and
            (7) in subsection (h)(1)(A)(ii), by striking ``people'' and 
        inserting ``students in a local educational agency that serves a 
        high proportion of Indian students''.

    (m) National Research Activities.--Section 6131 (20 U.S.C. 7451) (as 
redesignated by section 6001) is amended--
            (1) in subsection (a), by striking ``under section 7152(b)'' 
        and inserting ``to carry out this subpart''; and
            (2) in subsection (c)(2), by inserting ``, the Bureau of 
        Indian Education,'' after ``Office of Indian Education 
        Programs''.

    (n) In-service Training for Teachers of Indian Children; Fellowships 
for Indian Students; Gifted and Talented Indian Students.--Title VI (20 
U.S.C. 7401 et seq.) (as redesignated by section 6001) is amended--
            (1) by striking sections 6132, 6133, and 6134 <<NOTE: 20 
        USC 7452-7454.>> (as redesignated by section 6001); and
            (2) by redesignating section 6135 <<NOTE: 20 USC 7455, 
        7452.>> (as redesignated by section 6001) as section 6132.

    (o) Native American Language.--Title VI (20 U.S.C. 7401 et seq.) (as 
redesignated by section 6001) is amended by inserting after section 6132 
(as redesignated by subsection (n)(2)) the following:
``SEC. 6133. <<NOTE: 20 USC 7453.>> NATIVE AMERICAN AND ALASKA 
                          NATIVE LANGUAGE IMMERSION SCHOOLS AND 
                          PROGRAMS.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to establish a grant program to support schools that 
        use Native American and Alaska Native languages as the primary 
        language of instruction;

[[Page 129 STAT. 2058]]

            ``(2) to maintain, protect, and promote the rights and 
        freedom of Native Americans and Alaska Natives to use, practice, 
        maintain, and revitalize their languages, as envisioned in the 
        Native American Languages Act (25 U.S.C. 2901 et seq.); and
            ``(3) to support the Nation's First Peoples' efforts to 
        maintain and revitalize their languages and cultures, and to 
        improve educational opportunities and student outcomes within 
        Native American and Alaska Native communities.

    ``(b) Program Authorized.--
            ``(1) In general.--From funds reserved under section 
        6152(c), the Secretary shall reserve 20 percent to make grants 
        to eligible entities to develop and maintain, or to improve and 
        expand, programs that support schools, including elementary 
        school and secondary school education sites and streams, using 
        Native American and Alaska Native languages as the primary 
        languages of instruction.
            ``(2) Eligible entities.--In this subsection, the term 
        `eligible entity' means any of the following entities that has a 
        plan to develop and maintain, or to improve and expand, programs 
        that support the entity's use of a Native American or Alaska 
        Native language as the primary language of instruction in 
        elementary schools or secondary schools, or both:
                    ``(A) An Indian tribe.
                    ``(B) A Tribal College or University (as defined in 
                section 316 of the Higher Education Act of 1965 (20 
                U.S.C. 1059c)).
                    ``(C) A tribal education agency.
                    ``(D) A local educational agency, including a public 
                charter school that is a local educational agency under 
                State law.
                    ``(E) A school operated by the Bureau of Indian 
                Education.
                    ``(F) An Alaska Native Regional Corporation (as 
                described in section 3(g) of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1602(g))).
                    ``(G) A private, tribal, or Alaska Native nonprofit 
                organization.
                    ``(H) A nontribal for-profit organization.

    ``(c) Application.--
            ``(1) In general.--An eligible entity that desires to 
        receive a grant under this section shall submit an application 
        to the Secretary at such time and in such manner as the 
        Secretary may require, including the following:
                    ``(A) The name of the Native American or Alaska 
                Native language to be used for instruction at the school 
                supported by the eligible entity.
                    ``(B) The number of students attending such school.
                    ``(C) The number of hours of instruction in or 
                through 1 or more Native American or Alaska Native 
                languages being provided to targeted students at such 
                school, if any.
                    ``(D) A description of how the eligible entity 
                will--
                          ``(i) use the funds provided to meet the 
                      purposes of this section;
                          ``(ii) implement the activities described in 
                      subsection (e);

[[Page 129 STAT. 2059]]

                          ``(iii) ensure the implementation of rigorous 
                      academic content; and
                          ``(iv) ensure that students progress toward 
                      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 long-term goals for 
                      students, as may be required by applicable 
                      Federal, State, or tribal law;
                          ``(ii) the school provides assessments of 
                      students using the Native American or Alaska 
                      Native language of instruction, where possible;
                          ``(iii) the qualifications of all 
                      instructional and leadership personnel at such 
                      school is sufficient to deliver high-quality 
                      education through the Native American or Alaska 
                      Native language used in the school; and
                          ``(iv) the school will collect and report to 
                      the public data relative to student achievement 
                      and, if appropriate, rates of high school 
                      graduation, career readiness, and enrollment in 
                      postsecondary education or workforce development 
                      programs, of students who are enrolled in the 
                      school's programs.
            ``(2) Limitation.--The Secretary shall not give a priority 
        in awarding grants under this section based on the information 
        described in paragraph (1)(E).
            ``(3) Submission of certification.--
                    ``(A) In general.--An eligible entity that is a 
                public elementary school or secondary school (including 
                a public charter school or a school operated by the 
                Bureau of Indian Education) or a nontribal for-profit or 
                nonprofit organization shall submit, along with the 
                application requirements described in paragraph (1), a 
                certification described in subparagraph (B) indicating 
                that--
                          ``(i) the school or organization has the 
                      capacity to provide education primarily through a 
                      Native American or an Alaska Native language; and
                          ``(ii) there are sufficient speakers of the 
                      target language at the school or available to be 
                      hired by the school or organization.
                    ``(B) Certification.--The certification described in 
                subparagraph (A) shall be from one of the following 
                entities, on whose land the school or program is 
                located, that is an entity served by such school, or 
                that is an entity whose members (as defined by that 
                entity) are served by the school:

[[Page 129 STAT. 2060]]

                          ``(i) A Tribal College or University (as 
                      defined in section 316 of the Higher Education Act 
                      of 1965 (20 U.S.C. 1059c)).
                          ``(ii) A Federally recognized Indian tribe or 
                      tribal organization.
                          ``(iii) An Alaska Native Regional Corporation 
                      or an Alaska Native nonprofit organization.
                          ``(iv) A Native Hawaiian organization.

    ``(d) Awarding of Grants.--In awarding grants under this section, 
the Secretary shall--
            ``(1) determine the amount of each grant and the duration of 
        each grant, which shall not exceed 3 years; and
            ``(2) ensure, to the maximum extent feasible, that diversity 
        in languages is represented.

    ``(e) Activities Authorized.--
            ``(1) Required activities.--An eligible entity that receives 
        a grant under this section shall use such funds to carry out the 
        following activities:
                    ``(A) Supporting Native American or Alaska Native 
                language education and development.
                    ``(B) Providing professional development for 
                teachers and, as appropriate, staff and administrators 
                to strengthen the overall language and academic goals of 
                the school that will be served by the grant program.
            ``(2) Allowable activities.--An eligible entity that 
        receives a grant under this section may use such funds to carry 
        out the following activities:
                    ``(A) Developing or refining curriculum, including 
                teaching materials and activities, as appropriate.
                    ``(B) Creating or refining assessments written in 
                the Native American or Alaska Native language of 
                instruction that measure student proficiency and that 
                are aligned with State or tribal academic standards.
                    ``(C) Carrying out other activities that promote the 
                maintenance and revitalization of the Native American or 
                Alaska Native language relevant to the grant program.

    ``(f) Report to Secretary.--Each eligible entity that receives a 
grant under this section shall prepare and submit an annual report to 
the Secretary, which shall include--
            ``(1) the activities the entity carried out to meet the 
        purposes of this section; and
            ``(2) the number of children served by the program and the 
        number of instructional hours in the Native American or Alaska 
        Native language.

    ``(g) Administrative Costs.--Not more than 5 percent of the funds 
provided to a grantee under this section for any fiscal year may be used 
for administrative purposes.''.
    (p) Grants to Tribes for Education Administrative Planning, 
Development, and Coordination.--Section 6132 (20 U.S.C. 7455) (as 
redesignated by subsection (n)) is amended to read as follows:
``SEC. 6132. <<NOTE: 20 USC 7452.>> GRANTS TO TRIBES FOR EDUCATION 
                          ADMINISTRATIVE PLANNING, DEVELOPMENT, 
                          AND COORDINATION.

    ``(a) In General.--The Secretary may award grants under this section 
to eligible applicants to enable the eligible applicants to--
            ``(1) promote tribal self-determination in education;

[[Page 129 STAT. 2061]]

            ``(2) improve the academic achievement of Indian children 
        and youth; and
            ``(3) promote the coordination and collaboration of tribal 
        educational agencies with State educational agencies and local 
        educational agencies to meet the unique educational and 
        culturally related academic needs of Indian students.

    ``(b) Definitions.--In this section:
            ``(1) Eligible applicant.--In this section, the term 
        `eligible applicant' means--
                    ``(A) an Indian tribe or tribal organization 
                approved by an Indian tribe; or
                    ``(B) a tribal educational agency.
            ``(2) Indian tribe.--The term `Indian tribe' means a 
        federally recognized tribe or a State-recognized tribe.
            ``(3) Tribal educational agency.--The term `tribal 
        educational agency' means the agency, department, or 
        instrumentality of an Indian tribe that is primarily responsible 
        for supporting tribal students' elementary and secondary 
        education.

    ``(c) Grant Program.--The Secretary may award grants to--
            ``(1) eligible applicants described under subsection 
        (b)(1)(A) to plan and develop a tribal educational agency, if 
        the tribe or organization has no current tribal educational 
        agency, for a period of not more than 1 year; and
            ``(2) eligible applicants described under subsection 
        (b)(1)(B), for a period of not more than 3 years, in order to--
                    ``(A) directly administer education programs, 
                including formula grant programs under this Act, 
                consistent with State law and under a written agreement 
                between the parties;
                    ``(B) build capacity to administer and coordinate 
                such education programs, and to improve the relationship 
                and coordination between such applicants and the State 
                educational agencies and local educational agencies that 
                educate students from the tribe;
                    ``(C) receive training and support from the State 
                educational agency and local educational agency, in 
                areas such as data collection and analysis, grants 
                management and monitoring, fiscal accountability, and 
                other areas as needed;
                    ``(D) train and support the State educational agency 
                and local educational agency in areas related to tribal 
                history, language, or culture;
                    ``(E) build on existing activities or resources 
                rather than replacing other funds; and
                    ``(F) carry out other activities, consistent with 
                the purposes of this section.

    ``(d) Grant Application.--
            ``(1) In general.--Each eligible applicant desiring a grant 
        under this section shall submit an application to the Secretary 
        at such time and in such manner as the Secretary may reasonably 
        prescribe.
            ``(2) Contents.--Each application described in paragraph (1) 
        shall contain--
                    ``(A) a statement describing the activities to be 
                conducted, and the objectives to be achieved, under the 
                grant;
                    ``(B) a description of the method to be used for 
                evaluating the effectiveness of the activities for which 
                assistance

[[Page 129 STAT. 2062]]

                is sought and for determining whether such objectives 
                are achieved; and
                    ``(C) for applications for activities under 
                subsection (c)(2), evidence of--
                          ``(i) a preliminary agreement with the 
                      appropriate State educational agency, 1 or more 
                      local educational agencies, or both the State 
                      educational agency and a local educational agency; 
                      and
                          ``(ii) existing capacity as a tribal 
                      educational agency.
            ``(3) Approval.--The Secretary may approve an application 
        submitted by an eligible applicant under this subsection if the 
        application, including any documentation submitted with the 
        application--
                    ``(A) demonstrates that the eligible applicant has 
                consulted with other education entities, if any, within 
                the territorial jurisdiction of the applicant that will 
                be affected by the activities to be conducted under the 
                grant;
                    ``(B) provides for consultation with such other 
                education entities in the operation and evaluation of 
                the activities conducted under the grant; and
                    ``(C) demonstrates that there will be adequate 
                resources provided under this section or from other 
                sources to complete the activities for which assistance 
                is sought.

    ``(e) Restrictions.--
            ``(1) In general.--An Indian tribe may not receive funds 
        under this section if the tribe receives funds under section 
        1140 of the Education Amendments of 1978 (20 U.S.C. 2020).
            ``(2) Direct services.--No funds under this section may be 
        used to provide direct services.

    ``(f) Supplement, Not Supplant.--Funds under this section shall be 
used to supplement, and not supplant, other Federal, State, and local 
programs that meet the needs of tribal students.''.
    (q) Improvement of Educational Opportunities for Adult Indians.--
Title VI (20 U.S.C. 7401 et seq.) (as redesignated by section 6001) is 
amended by striking section 6136. <<NOTE: 20 USC 7456.>> 

    (r) National Advisory Council on Indian Education.--Section 
6141(b)(1) (20 U.S.C. 7471(b)(1)) (as redesignated by section 6001) is 
amended by inserting ``and the Secretary of the Interior'' after 
``advise the Secretary''.
    (s) Definitions.--Section 6151 (20 U.S.C. 7491) (as redesignated by 
section 6001) is amended by adding at the end the following:
            ``(4) Traditional leaders.--The term `traditional leaders' 
        has the meaning given the term in section 103 of the Native 
        American Languages Act (25 U.S.C. 2902).''.

    (t) Authorizations of Appropriations.--Section 6152 (20 U.S.C. 7492) 
(as redesignated by section 6001) is amended--
            (1) in subsection (a), by striking ``$96,400,000 for fiscal 
        year 2002 and such sums as may be necessary for each of the 5 
        succeeding fiscal years'' and inserting ``$100,381,000 for 
        fiscal year 2017, $102,388,620 for fiscal year 2018, 
        $104,436,392 for fiscal year 2019, and $106,525,120 for fiscal 
        year 2020'';
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Subparts 2 and 3'' and inserting ``Subpart 2'';

[[Page 129 STAT. 2063]]

                    (B) by striking ``subparts 2 and 3'' and inserting 
                ``subpart 2''; and
                    (C) by striking ``$24,000,000 for fiscal year 2002 
                and such sums as may be necessary for each of the 5 
                succeeding fiscal years'' and inserting ``$17,993,000 
                for each of fiscal years 2017 through 2020''; and
            (3) by adding at the end the following:

    ``(c) Subpart 3.--For the purpose of carrying out subpart 3, there 
are authorized to be appropriated $5,565,000 for each of fiscal years 
2017 through 2020.''.
SEC. 6003. NATIVE HAWAIIAN EDUCATION.

    (a) Findings.--Section 6202 (20 U.S.C. 7512) (as redesignated by 
section 6001) is amended by striking paragraphs (14) through (21).
    (b) Native Hawaiian Education Council.--Section 6204 (20 U.S.C. 
7514) (as redesignated by section 6001) is amended to read as follows:
``SEC. 6204. NATIVE HAWAIIAN EDUCATION COUNCIL.

    ``(a) Grant Authorized.--In order to better effectuate the purposes 
of this part through the coordination of educational and related 
services and programs available to Native Hawaiians, including those 
programs that receive funding under this part, the Secretary shall award 
a grant to the education council described under subsection (b).
    ``(b) Education Council.--
            ``(1) Eligibility.--To be eligible to receive the grant 
        under subsection (a), the council shall be an education council 
        (referred to in this section as the `Education Council') that 
        meets the requirements of this subsection.
            ``(2) Composition.--The Education Council shall consist of 
        15 members, of whom--
                    ``(A) 1 shall be the President of the University of 
                Hawaii (or a designee);
                    ``(B) 1 shall be the Governor of the State of Hawaii 
                (or a designee);
                    ``(C) 1 shall be the Superintendent of the State of 
                Hawaii Department of Education (or a designee);
                    ``(D) 1 shall be the chairperson of the Office of 
                Hawaiian Affairs (or a designee);
                    ``(E) 1 shall be the executive director of Hawaii's 
                Charter School Network (or a designee);
                    ``(F) 1 shall be the chief executive officer of the 
                Kamehameha Schools (or a designee);
                    ``(G) 1 shall be the Chief Executive Officer of the 
                Queen Liliuokalani Trust (or a designee);
                    ``(H) 1 shall be appointed by the Secretary, in a 
                timely manner, and chosen from a list of 5 individuals 
                who represent one or more private grant-making entities 
                that is submitted to the Secretary by the Education 
                Council;
                    ``(I) 1 shall be the Mayor of the County of Hawaii 
                (or a designee);
                    ``(J) 1 shall be the Mayor of Maui County (or a 
                designee from the Island of Maui);
                    ``(K) 1 shall be the Mayor of the County of Kauai 
                (or a designee);

[[Page 129 STAT. 2064]]

                    ``(L) 1 shall be appointed by the Secretary, in a 
                timely manner, and chosen from a list of 5 individuals 
                who are from the Island of Molokai or the Island of 
                Lanai that is submitted to the Secretary by the Mayor of 
                Maui County;
                    ``(M) 1 shall be the Mayor of the City and County of 
                Honolulu (or a designee);
                    ``(N) 1 shall be the chairperson of the Hawaiian 
                Homes Commission (or a designee); and
                    ``(O) 1 shall be the chairperson of the Hawaii 
                Workforce Development Council (or a designee 
                representing the private sector).
            ``(3) Requirements.--Any designee serving on the Education 
        Council shall demonstrate, as determined by the individual who 
        appointed such designee with input from the Native Hawaiian 
        community, not less than 5 years of experience as a consumer or 
        provider of Native Hawaiian educational or cultural activities, 
        with traditional cultural experience given due consideration.
            ``(4) Limitation.--A member (including a designee), while 
        serving on the Education Council, shall not be a direct 
        recipient or administrator of grant funds that are awarded under 
        this part.
            ``(5) Term of members.--A member who is a designee shall 
        serve for a term of not more than 4 years.
            ``(6) Chair; vice chair.--
                    ``(A) Selection.--The Education Council shall select 
                a Chairperson and a Vice Chairperson from among the 
                members of the Education Council.
                    ``(B) Term limits.--The Chairperson and Vice 
                Chairperson shall each serve for a 2-year term.
            ``(7) Administrative provisions relating to education 
        council.--The Education Council shall meet at the call of the 
        Chairperson of the Council, or upon request by a majority of the 
        members of the Education Council, but in any event not less 
        often than every 120 days.
            ``(8) No compensation.--None of the funds made available 
        through the grant may be used to provide compensation to any 
        member of the Education Council or member of a working group 
        established by the Education Council, for functions described in 
        this section.

    ``(c) Use of Funds for Coordination Activities.--The Education 
Council shall use funds made available through a grant under subsection 
(a) to carry out each of the following activities:
            ``(1) Providing advice about the coordination of, and 
        serving as a clearinghouse for, the educational and related 
        services and programs available to Native Hawaiians, including 
        the programs assisted under this part.
            ``(2) Assessing the extent to which such services and 
        programs meet the needs of Native Hawaiians, and collecting data 
        on the status of Native Hawaiian education.
            ``(3) Providing direction and guidance, through the issuance 
        of reports and recommendations, to appropriate Federal, State, 
        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.

[[Page 129 STAT. 2065]]

            ``(4) Awarding grants, if such grants enable the Education 
        Council to carry out the activities described in paragraphs (1) 
        through (3).
            ``(5) Hiring an executive director, who shall assist in 
        executing the duties and powers of the Education Council, as 
        described in subsection (d).

    ``(d) Use of Funds for Technical Assistance.--The Education Council 
shall use funds made available through a grant under subsection (a) to--
            ``(1) provide technical assistance to Native Hawaiian 
        organizations that are grantees or potential grantees under this 
        part;
            ``(2) obtain from such grantees information and data 
        regarding grants awarded under this part, including information 
        and data about--
                    ``(A) the effectiveness of such grantees in meeting 
                the educational priorities established by the Education 
                Council, as described in paragraph (6)(D), using metrics 
                related to these priorities; and
                    ``(B) the effectiveness of such grantees in carrying 
                out any of the activities described in paragraph (3) of 
                section 6205(a) that are related to the specific goals 
                and purposes of each grantee's grant project, using 
                metrics related to these goals and purposes;
            ``(3) assess and define the educational needs of Native 
        Hawaiians;
            ``(4) assess the programs and services available to address 
        the educational needs of Native Hawaiians;
            ``(5) assess and evaluate the individual and aggregate 
        impact achieved by grantees under this part in improving Native 
        Hawaiian educational performance and meeting the goals of this 
        part, using metrics related to these goals; and
            ``(6) prepare and submit to the Secretary, at the end of 
        each calendar year, an annual report that contains--
                    ``(A) a description of the activities of the 
                Education Council during the calendar year;
                    ``(B) a description of significant barriers to 
                achieving the goals of this part;
                    ``(C) a summary of each community consultation 
                session described in subsection (e); and
                    ``(D) recommendations to establish priorities for 
                funding under this part, based on an assessment of--
                          ``(i) the educational needs of Native 
                      Hawaiians;
                          ``(ii) programs and services available to 
                      address such needs;
                          ``(iii) the effectiveness of programs in 
                      improving the educational performance of Native 
                      Hawaiian students to help such students meet 
                      challenging State academic standards under section 
                      1111(b)(1); and
                          ``(iv) priorities for funding in specific 
                      geographic communities.

    ``(e) Use of Funds for Community Consultations.--The Education 
Council shall use funds made available through the grant 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--

[[Page 129 STAT. 2066]]

            ``(1) not fewer than 3 members of the Education Council 
        shall be in attendance;
            ``(2) the Education Council shall gather community input 
        regarding--
                    ``(A) current grantees under this part, as of the 
                date of the consultation;
                    ``(B) priorities and needs of Native Hawaiians; and
                    ``(C) other Native Hawaiian education issues; and
            ``(3) the Education Council shall report to the community on 
        the outcomes of the activities supported by grants awarded under 
        this part.

    ``(f) Funding.--For each fiscal year, the Secretary shall use the 
amount described in section 6205(c)(2), to make a payment under the 
grant. Funds made available through the grant shall remain available 
until expended.''.
    (c) Program Authorized.--Section 6205 (20 U.S.C. 7515) (as 
redesignated by section 6001) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (C), by striking ``and'' 
                      after the semicolon;
                          (ii) by redesignating subparagraph (D) as 
                      subparagraph (E); and
                          (iii) by inserting after subparagraph (C) the 
                      following:
                    ``(D) charter schools; and'';
                    (B) in paragraph (3)--
                          (i) in subparagraph (C)--
                                    (I) by striking ``third grade'' and 
                                inserting ``grade 3''; and
                                    (II) by striking ``fifth and sixth 
                                grade'' and inserting ``grades 5 and 
                                6'';
                          (ii) in subparagraph (D)(ii), by striking ``of 
                      those students'' and inserting ``of such 
                      students'';
                          (iii) in subparagraph (E)(ii), by striking 
                      ``students' educational progress'' and inserting 
                      ``educational progress of such students'';
                          (iv) in subparagraph (G)(ii), by striking 
                      ``concentrations'' and all that follows through 
                      ``; and'' and inserting ``high concentrations of 
                      Native Hawaiian students to meet the unique needs 
                      of such students; and''; and
                          (v) in subparagraph (H)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``families'' and 
                                inserting ``students, parents, 
                                families,'';
                                    (II) in clause (i), by striking 
                                ``preschool programs'' and inserting 
                                ``early childhood education programs'';
                                    (III) by striking clause (ii) and 
                                inserting the following:
                          ``(ii) before, after, and summer school 
                      programs, expanded learning time, or weekend 
                      academies;''; and
                                    (IV) in clause (iii), by striking 
                                ``vocational and adult education 
                                programs'' and inserting ``career and 
                                technical education programs''; and
                          (vi) by striking clauses (i) through (v) of 
                      subparagraph (I) and inserting the following:

[[Page 129 STAT. 2067]]

                          ``(i) family literacy services; and
                          ``(ii) counseling, guidance, and support 
                      services for students;''; and
                    (C) by striking paragraph (4); and
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``such sums as may 
                be necessary for fiscal year 2002 and each of the 5 
                succeeding fiscal years'' and inserting ``$32,397,000 
                for each of fiscal years 2017 through 2020''; and
                    (B) in paragraph (2), by striking ``for fiscal year 
                2002 and each of the 5 succeeding fiscal years'' and 
                inserting ``for each of fiscal years 2017 through 
                2020''.

    (d) Definitions.--Section 6207 (20 U.S.C. 7517) (as redesignated by 
section 6001) is amended--
            (1) by redesignating paragraphs (1) through (6) as 
        paragraphs (2) through (7), respectively; and
            (2) by inserting before paragraph (2), as redesignated by 
        paragraph (1), the following:
            ``(1) Community consultation.--The term `community 
        consultation' means a public gathering--
                    ``(A) to discuss Native Hawaiian education concerns; 
                and
                    ``(B) about which the public has been given not less 
                than 30 days notice.''.
SEC. 6004. ALASKA NATIVE EDUCATION.

    (a) Findings.--Section 6302 (20 U.S.C. 7542) (as redesignated by 
section 6001) is amended by striking paragraphs (1) through (7) and 
inserting the following:
            ``(1) It is the policy of the Federal Government to maximize 
        the leadership of and participation by Alaska Natives in the 
        planning and the management of Alaska Native education programs 
        and to support efforts developed by and undertaken within the 
        Alaska Native community to improve educational opportunity for 
        all students.
            ``(2) Many Alaska Native children enter and exit school with 
        serious educational disadvantages.
            ``(3) Overcoming the magnitude of the geographic challenges, 
        historical inequities, and other barriers to successfully 
        improving educational outcomes for Alaska Native students in 
        rural, village, and urban settings is challenging. Significant 
        disparities between academic achievement of Alaska Native 
        students and non-Native students continue, including lower 
        graduation rates, increased school dropout rates, and lower 
        achievement scores on standardized tests.
            ``(4) The preservation of Alaska Native cultures and 
        languages and the integration of Alaska Native cultures and 
        languages into education, positive identity development for 
        Alaska Native students, and local, place-based, and culture-
        based programming are critical to the attainment of educational 
        success and the long-term well-being of Alaska Native students.
            ``(5) Improving educational outcomes for Alaska Native 
        students increases access to employment opportunities.
            ``(6) The Federal Government should lend support to efforts 
        developed by and undertaken within the Alaska Native community 
        to improve educational opportunity for Alaska Native students. 
        In 1983, pursuant to Public Law 98-63, Alaska ceased

[[Page 129 STAT. 2068]]

        to receive educational funding from the Bureau of Indian 
        Affairs. The Bureau of Indian Education does not operate any 
        schools in Alaska, nor operate or fund Alaska Native education 
        programs. The program under this part supports the Federal trust 
        responsibility of the United States to Alaska Natives.''.

    (b) Purposes.--Section 6303 (20 U.S.C. 7543) (as redesignated by 
section 6001) is amended--
            (1) in paragraph (1), by inserting ``and address'' after 
        ``To recognize'';
            (2) by striking paragraph (3);
            (3) by redesignating paragraphs (2) and (4) as paragraphs 
        (4) and (5), respectively;
            (4) by inserting after paragraph (1) the following:
            ``(2) To recognize the role of Alaska Native languages and 
        cultures in the educational success and long-term well-being of 
        Alaska Native students.
            ``(3) To integrate Alaska Native cultures and languages into 
        education, develop Alaska Native students' positive identity, 
        and support local place-based and culture-based curriculum and 
        programming.'';
            (5) in paragraph (4), as redesignated by paragraph (3), by 
        striking ``of supplemental educational programs to benefit 
        Alaska Natives.'' and inserting ``, management, and expansion of 
        effective supplemental educational programs to benefit Alaska 
        Natives.''; and
            (6) by adding at the end the following:
            ``(6) To ensure the maximum participation by Alaska Native 
        educators and leaders in the planning, development, 
        implementation, management, and evaluation of programs designed 
        to serve Alaska Native students.''.

    (c) Program Authorized.--Section 6304 (20 U.S.C. 7544) (as 
redesignated by section 6001) is amended to read as follows:
``SEC. 6304. PROGRAM AUTHORIZED.

    ``(a) General Authority.--
            ``(1) Grants and contracts.--The Secretary is authorized to 
        make grants to, or enter into contracts with--
                    ``(A) Alaska Native organizations with experience 
                operating programs that fulfill the purposes of this 
                part;
                    ``(B) Alaska Native organizations that do not have 
                the experience described in subparagraph (A) but are in 
                partnership with--
                          ``(i) a State educational agency or a local 
                      educational agency; or
                          ``(ii) an Alaska Native organization that 
                      operates a program that fulfills the purposes of 
                      this part;
                    ``(C) an entity located in Alaska, and predominately 
                governed by Alaska Natives, that does not meet the 
                definition of an Alaska Native organization under this 
                part but--
                          ``(i) has experience operating programs that 
                      fulfill the purposes of this part; and
                          ``(ii) is granted an official charter or 
                      sanction, as described in the definition of a 
                      tribal organization under section 4 of the Indian 
                      Self-Determination and Education Assistance Act 
                      (25 U.S.C. 450b), from at least one Alaska Native 
                      tribe or Alaska Native

[[Page 129 STAT. 2069]]

                      organization to carry out programs that meet the 
                      purposes of this part.
            ``(2) Mandatory activities.--Activities provided through the 
        programs carried out under this part shall include the 
        following:
                    ``(A) The development and implementation of plans, 
                methods, strategies, and activities to improve the 
                educational outcomes of Alaska Natives.
                    ``(B) The collection of data to assist in the 
                evaluation of the programs carried out under this part.
            ``(3) Permissible activities.--Activities provided through 
        programs carried out under this part may include the following:
                    ``(A) The development of curricula and programs that 
                address the educational needs of Alaska Native students, 
                including the following:
                          ``(i) Curriculum materials that are culturally 
                      informed and reflect the cultural diversity, 
                      languages, history, or the contributions of Alaska 
                      Native people, including curricula intended to 
                      preserve and promote Alaska Native culture.
                          ``(ii) Instructional programs that make use of 
                      Alaska Native languages and cultures.
                          ``(iii) Networks that develop, test, and 
                      disseminate best practices and introduce 
                      successful programs, materials, and techniques to 
                      meet the educational needs of Alaska Native 
                      students in urban and rural schools.
                    ``(B) Training and professional development 
                activities for educators, including the following:
                          ``(i) Pre-service and in-service training and 
                      professional development programs to prepare 
                      teachers to develop appreciation for, and 
                      understanding of, Alaska Native history, cultures, 
                      values, and ways of knowing and learning in order 
                      to effectively address the cultural diversity and 
                      unique needs of Alaska Native students and improve 
                      the teaching methods of educators.
                          ``(ii) Recruitment and preparation of Alaska 
                      Native teachers.
                          ``(iii) Programs that will lead to the 
                      certification and licensing of Alaska Native 
                      teachers, principals, other school leaders, and 
                      superintendents.
                    ``(C) Early childhood and parenting education 
                activities designed to improve the school readiness of 
                Alaska Native children, including--
                          ``(i) the development and operation of home 
                      visiting programs for Alaska Native preschool 
                      children, to ensure the active involvement of 
                      parents in their children's education from the 
                      earliest ages;
                          ``(ii) training, education, and support, 
                      including in-home visitation, for parents and 
                      caregivers of Alaska Native children to improve 
                      parenting and caregiving skills (including skills 
                      relating to discipline and cognitive development, 
                      reading readiness, observation, storytelling, and 
                      critical thinking);
                          ``(iii) family literacy services;
                          ``(iv) activities carried out under the Head 
                      Start Act (42 U.S.C. 9831 et seq.);

[[Page 129 STAT. 2070]]

                          ``(v) programs for parents and their infants, 
                      from the prenatal period of the infant through age 
                      3;
                          ``(vi) early childhood education programs; and
                          ``(vii) native language immersion within early 
                      childhood education programs, Head Start, or 
                      preschool programs.
                    ``(D) The development and operation of student 
                enrichment programs, including programs in science, 
                technology, engineering, and mathematics that--
                          ``(i) are designed to prepare Alaska Native 
                      students to excel in such subjects;
                          ``(ii) provide appropriate support services to 
                      enable such students to benefit from the programs; 
                      and
                          ``(iii) include activities that recognize and 
                      support the unique cultural and educational needs 
                      of Alaska Native children and incorporate 
                      appropriately qualified Alaska Native elders and 
                      other tradition bearers.
                    ``(E) Research and data collection activities to 
                determine the educational status and needs of Alaska 
                Native children and adults and other such research and 
                evaluation activities related to programs funded under 
                this part.
                    ``(F) Activities designed to enable Alaska Native 
                students served under this part to meet the challenging 
                State academic standards or increase the graduation 
                rates of Alaska Native students, such as--
                          ``(i) remedial and enrichment programs;
                          ``(ii) culturally based education programs, 
                      such as--
                                    ``(I) programs of study and other 
                                instruction in Alaska Native history and 
                                ways of living to share the rich and 
                                diverse cultures of Alaska Natives among 
                                Alaska Native youth and elders, non-
                                Native students and teachers, and the 
                                larger community;
                                    ``(II) instructing Alaska Native 
                                youth in leadership, communication, and 
                                Alaska Native culture, arts, history, 
                                and languages;
                                    ``(III) intergenerational learning 
                                and internship opportunities to Alaska 
                                Native youth and young adults;
                                    ``(IV) providing cultural immersion 
                                activities aimed at Alaska Native 
                                cultural preservation;
                                    ``(V) native language instruction 
                                and immersion activities, including 
                                native language immersion nests or 
                                schools;
                                    ``(VI) school-within-a-school model 
                                programs; and
                                    ``(VII) preparation for 
                                postsecondary education and career 
                                planning; and
                          ``(iii) comprehensive school or community-
                      based support services, including services that--
                                    ``(I) address family instability and 
                                trauma; and
                                    ``(II) improve conditions for 
                                learning at home, in the community, and 
                                at school.
                    ``(G) Student and teacher exchange programs, cross-
                cultural immersion programs, and culture camps designed

[[Page 129 STAT. 2071]]

                to build mutual respect and understanding among 
                participants.
                    ``(H) Education programs for at-risk urban Alaska 
                Native students that are designed to improve academic 
                proficiency and graduation rates, use strategies 
                otherwise permissible under this part, and incorporate a 
                strong data collection and continuous evaluation 
                component.
                    ``(I) Strategies designed to increase the 
                involvement of parents in their children's education.
                    ``(J) Programs and strategies that increase 
                connections between and among schools, families, and 
                communities, including positive youth-adult 
                relationships, to--
                          ``(i) promote the academic progress and 
                      positive development of Alaska Native children and 
                      youth; and
                          ``(ii) improve conditions for learning at 
                      home, in the community, and at school.
                    ``(K) Career preparation activities to enable Alaska 
                Native children and adults to prepare for meaningful 
                employment, including programs providing tech-prep, 
                mentoring, training, and apprenticeship activities.
                    ``(L) Support for the development and operational 
                activities of regional vocational schools in rural areas 
                of Alaska to provide students with necessary resources 
                to prepare for skilled employment opportunities.
                    ``(M) Regional leadership academies that demonstrate 
                effectiveness in building respect and understanding, and 
                fostering a sense of Alaska Native identity in Alaska 
                Native students to promote their pursuit of and success 
                in completing higher education or career training.
                    ``(N) Other activities, consistent with the purposes 
                of this part, to meet the educational needs of Alaska 
                Native children and adults.

    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $31,453,000 for each of fiscal 
years 2017 through 2020.''.
    (d) Administrative Provisions.--Section 6305 (20 U.S.C. 7545) (as 
redesignated by section 6001) is amended to read as follows:
``SEC. 6305. ADMINISTRATIVE PROVISIONS.

    ``Not more than 5 percent of funds provided to an award recipient 
under this part for any fiscal year may be used for administrative 
purposes.''.
    (e) Definitions.--Section 6306 (20 U.S.C. 7546) (as redesignated by 
section 6001) is amended--
            (1) in paragraph (1), by inserting ``(43 U.S.C. 1602(b)) and 
        includes the descendants of individuals so defined'' after 
        ``Settlement Act'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Alaska native organization.--The term `Alaska Native 
        organization' means an organization that has or commits to 
        acquire expertise in the education of Alaska Natives and is--
                    ``(A) an Indian tribe, as defined in section 4 of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 450b), that is an Indian tribe located in 
                Alaska;

[[Page 129 STAT. 2072]]

                    ``(B) a `tribal organization', as defined in section 
                4 of such Act (25 U.S.C. 450b), that is a tribal 
                organization located in Alaska; or
                    ``(C) an organization listed in clauses (i) through 
                (xii) of section 419(4)(B) of the Social Security Act 
                (42 U.S.C. 619(4)(B)(i) through (xii)), or the successor 
                of an entity so listed.''.
SEC. 6005. REPORT ON NATIVE AMERICAN LANGUAGE MEDIUM EDUCATION.

    (a) Definitions.--In this section:
            (1) Institution of higher education.--The term ``institution 
        of higher education'' has the meaning given such term in section 
        8101 of the Elementary and Secondary Education Act of 1965.
            (2) Local educational agency.--The term ``local educational 
        agency'' has the meaning given such term in section 8101 of the 
        Elementary and Secondary Education Act of 1965.
            (3) Native american; native american language.--The terms 
        ``Native American'' and ``Native American language'' have the 
        meanings given such terms in section 103 of the Native American 
        Languages Act of 1990 (25 U.S.C. 2902).
            (4) State educational agency.--The term ``State educational 
        agency'' has the meaning given such term in section 8101 of the 
        Elementary and Secondary Education Act of 1965.

    (b) Study.--By not later than 18 months after the date of enactment 
of this Act, the Secretary of Education, in collaboration with the 
Secretary of the Interior, shall--
            (1) conduct a study to evaluate all levels of education 
        being provided primarily through the medium of Native American 
        languages; and
            (2) report on the findings of such study.

    (c) Consultation.--In carrying out the study conducted under 
subsection (b), the Secretary shall consult with--
            (1) institutions of higher education that conduct Native 
        American language immersion programs, including teachers of such 
        programs;
            (2) State educational agencies and local educational 
        agencies;
            (3) Indian tribes and tribal organizations, as such terms 
        are defined by section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b) that sponsor Native 
        American language immersion schools; and
            (4) experts in the fields of Native American or Alaska 
        Native language and Native American language medium education, 
        including scholars who are fluent in Native American languages.

    (d) Scope of Study.--The study conducted under subsection (b) shall 
evaluate the components, policies, and practices of successful Native 
American language immersion schools and programs, including--
            (1) the level of expertise in educational pedagogy, Native 
        American language fluency, and experience of the principal, 
        teachers, paraprofessionals, and other educational staff;
            (2) how such schools and programs are using Native American 
        languages to provide instruction in reading, language arts,

[[Page 129 STAT. 2073]]

        mathematics, science, and, as applicable, other academic 
        subjects;
            (3) how such schools and programs assess the academic 
        proficiency of the students, including--
                    (A) whether the school administers assessments of 
                language arts, mathematics, science, and other academic 
                subjects in the Native American language of instruction;
                    (B) whether the school administers assessments of 
                language arts, mathematics, science, and other academic 
                subjects in English; and
                    (C) how the standards measured by the assessments in 
                the Native American language of instruction and in 
                English compare; and
            (4) the academic outcomes, graduation rate, and other 
        outcomes of students who have completed the highest grade taught 
        primarily through such schools or programs, including, when 
        available, college attendance rates compared with 
        demographically similar students who did not attend a school in 
        which the language of instruction was a Native American 
        language.

    (e) Recommendations.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Education, in collaboration with 
the Secretary of the Interior, shall--
            (1) develop a report that includes findings and conclusions 
        regarding the study conducted under subsection (b), including 
        recommendations for such legislative and administrative actions 
        as the Secretary of Education considers to be appropriate;
            (2) consult with the entities described in subsection (c) in 
        reviewing such findings and conclusions; and
            (3) submit the report described in paragraph (1) to each of 
        the following:
                    (A) The Committee on Health, Education, Labor, and 
                Pensions of the Senate.
                    (B) The Committee on Education and the Workforce of 
                the House of Representatives.
                    (C) The Committee on Indian Affairs of the Senate.
                    (D) The Subcommittee on Indian, Insular and Alaska 
                Native Affairs of the House of Representatives.
SEC. 6006. REPORT ON RESPONSES TO INDIAN STUDENT SUICIDES.

    (a) Preparation.--
            (1) In general.--The Secretary of Education, in coordination 
        with the Secretary of the Interior and the Secretary of Health 
        and Human Services, shall prepare a report on efforts to address 
        outbreaks of suicides among elementary school and secondary 
        school students (referred to in this section as ``student 
        suicides'') that occurred within 1 year prior to the date of 
        enactment of this Act in Indian country (as defined in section 
        1151 of title 18, United States Code).
            (2) Contents.--The report described in paragraph (1) shall 
        include information on--
                    (A) the Federal response to the occurrence of high 
                numbers of student suicides in Indian country (as so 
                defined);
                    (B) a list of Federal resources available to prevent 
                and respond to outbreaks of student suicides, including 
                the availability and use of tele-behavioral health care;

[[Page 129 STAT. 2074]]

                    (C) any barriers to timely implementation of 
                programs or interagency collaboration regarding student 
                suicides;
                    (D) interagency collaboration efforts to streamline 
                access to programs regarding student suicides, including 
                information on how the Department of Education, the 
                Department of the Interior, and the Department of Health 
                and Human Services work together on administration of 
                such programs;
                    (E) recommendations to improve or consolidate 
                resources or programs described in subparagraph (B) or 
                (D); and
                    (F) feedback from Indian tribes to the Federal 
                response described in subparagraph (A).

    (b) Submission.--Not later than 270 days after the date of enactment 
of this Act, the Secretary of Education shall submit the report 
described in subsection (a) to the appropriate committees of Congress.

                          TITLE VII--IMPACT AID

SEC. 7001. GENERAL PROVISIONS.

    (a) <<NOTE: 20 USC 7702 note.>> Impact Aid Improvement Act of 
2012.--Section 563(c) of National Defense Authorization Act for Fiscal 
Year 2013 (Public Law 112-239; 126 Stat. 1748; 20 U.S.C. 6301 note) 
(also known as the ``Impact Aid Improvement Act of 2012''), as amended 
by section 563 of division A of Public Law 113-291, is amended--
            (1) by striking paragraphs (1) and (4); and
            (2) by redesignating paragraphs (2) and (3), as paragraphs 
        (1) and (2), respectively.

    (b) Repeal.--Section 309 of division H of the Consolidated 
Appropriations Act, 2014 (Public Law 113-76; 20 U.S.C. 7702 note) is 
repealed.
    (c) Title VII Redesignations.--Title VIII (20 U.S.C. 7701 et seq.) 
is redesignated as title VII and further amended--
            (1) by redesignating sections 8001 through 8005 <<NOTE: 20 
        USC 7701-7705.>> as sections 7001 through 7005, respectively; 
        and
            (2) by redesignating sections 8007 through 8014 <<NOTE: 20 
        USC 7707-7714.>> as sections 7007 through 7014, respectively.

    (d) Conforming Amendments.--Title VII (as redesignated by subsection 
(c) of this section) is further amended--
            (1) <<NOTE: 20 USC 7705, 7707, 7709, 7714.>> by striking 
        ``section 8002'' each place it appears and inserting ``section 
        7002'';
            (2) <<NOTE: 20 USC 7704.>> by striking ``section 8003'' each 
        place it appears and inserting ``section 7003'';
            (3) <<NOTE: 20 USC 7707, 7710.>> by striking ``section 
        8003(a)(1)'' each place it appears and inserting ``section 
        7003(a)(1)'';
            (4) <<NOTE: 20 USC 7707.>> by striking ``section 
        8003(a)(1)(C)'' each place it appears and inserting ``section 
        7003(a)(1)(C)'';
            (5) <<NOTE: 20 USC 7707.>> by striking ``section 
        8003(a)(2)'' each place it appears and inserting ``section 
        7003(a)(2)'';
            (6) <<NOTE: 20 USC 7702, 7707, 7710, 7714.>> by striking 
        ``section 8003(b)'' each place it appears and inserting 
        ``section 7003(b)'';
            (7) <<NOTE: 20 USC 7707, 7709.>>  by striking ``section 
        8003(b)(1)'' each place it appears and inserting ``section 
        7003(b)(1)'';
            (8) <<NOTE: 20 USC 7707, 7709.>> by striking ``section 
        8003(b)(2)'' each place it appears and inserting ``section 
        7003(b)(2)'';

[[Page 129 STAT. 2075]]

            (9) <<NOTE: 20 USC 7702.>> by striking ``section 8014(a)'' 
        each place it appears and inserting ``section 7014(a)'';
            (10) <<NOTE: 20 USC 7703.>> by striking ``section 8014(b)'' 
        each place it appears and inserting ``section 7014(b)''; and
            (11) <<NOTE: 20 USC 7707.>> by striking ``section 8014(e)'' 
        each place it appears and inserting ``section 7014(d)''.
SEC. 7002. PURPOSE.

    Section 7001, as redesignated by section 7001 of this 
Act, <<NOTE: 20 USC 7701.>> is amended in the matter preceding paragraph 
(1), by striking ``challenging State standards'' and inserting ``the 
same challenging State academic standards''.
SEC. 7003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL 
                          PROPERTY.

    Section 7002, as redesignated and amended by section 7001 of this 
Act, <<NOTE: 20 USC 7702.>> is further amended--
            (1) in subsection (a)(1)(C), by striking the matter 
        preceding clause (i) and inserting the following:
                    ``(C) had an assessed value according to original 
                records (including facsimiles or other reproductions of 
                those records) documenting the assessed value of such 
                property (determined as of the time or times when so 
                acquired) prepared by the local officials referred to in 
                subsection (b)(3) or, when such original records are not 
                available due to unintentional destruction (such as 
                natural disaster, fire, flooding, pest infestation, or 
                deterioration due to age), other records, including 
                Federal agency records, local historical records, or 
                other records that the Secretary determines to be 
                appropriate and reliable, aggregating 10 percent or more 
                of the assessed value of--'';
            (2) in subsection (b)--
                    (A) in paragraph (1)(C) by striking ``section 
                8003(b)(1)(C)'' and inserting ``section 7003(b)(1)(C)'';
                    (B) in paragraph (3), by striking subparagraph (B) 
                and inserting the following:
                    ``(B) Special rule.--In the case of Federal property 
                eligible under this section that is within the 
                boundaries of 2 or more local educational agencies that 
                are eligible under this section, any of such agencies 
                may ask the Secretary to calculate (and the Secretary 
                shall calculate) the taxable value of the eligible 
                Federal property that is within its boundaries by--
                          ``(i) first calculating the per-acre value of 
                      the eligible Federal property separately for each 
                      eligible local educational agency that shared the 
                      Federal property, as provided in subparagraph 
                      (A)(ii);
                          ``(ii) then averaging the resulting per-acre 
                      values of the eligible Federal property from each 
                      eligible local educational agency that shares the 
                      Federal property; and
                          ``(iii) then applying the average per-acre 
                      value to determine the total taxable value of the 
                      eligible Federal property under subparagraph 
                      (A)(iii) for the requesting local educational 
                      agency.'';
            (3) in subsection (e)(2), by adding at the end the 
        following: ``For each fiscal year beginning on or after the date 
        of enactment of the Every Student Succeeds Act, the Secretary 
        shall treat

[[Page 129 STAT. 2076]]

        local educational agencies chartered in 1871 having more than 70 
        percent of the county in Federal ownership as meeting the 
        eligibility requirements of subparagraphs (A) and (C) of 
        subsection (a)(1).'';
            (4) by striking subsection (f) and inserting the following:

    ``(f) Special Rule.--For each fiscal year beginning on or after the 
date of enactment of the Every Student Succeeds Act, a local educational 
agency shall be deemed to meet the requirements of subsection (a)(1)(C) 
if the agency was eligible under paragraph (1) or (3) of section 8002(f) 
as such section was in effect on the day before the date of enactment of 
the Every Student Succeeds Act.'';
            (5) by striking subsection (g) and inserting the following:

    ``(g) Former Districts.--
            ``(1) Consolidations.--For fiscal year 2006 and each 
        succeeding fiscal year, if a local educational agency described 
        in paragraph (2) is formed at any time after 1938 by the 
        consolidation of 2 or more former school districts, the local 
        educational agency may elect to have the Secretary determine its 
        eligibility for assistance under this section for any fiscal 
        year on the basis of 1 or more of those former districts, as 
        designated by the local educational agency.
            ``(2) Eligible local educational agencies.--A local 
        educational agency referred to in paragraph (1) is--
                    ``(A) any local educational agency that, for fiscal 
                year 1994 or any preceding fiscal year, applied, and was 
                determined to be eligible under, section 2(c) of the Act 
                of September 30, 1950 (Public Law 874, 81st Congress) as 
                that section was in effect for that fiscal year; or
                    ``(B) a local educational agency--
                          ``(i) that was formed by the consolidation of 
                      2 or more districts, at least 1 of which was 
                      eligible for assistance under this section for the 
                      fiscal year preceding the year of the 
                      consolidation; and
                          ``(ii) which includes the designation referred 
                      to in paragraph (1) in its application under 
                      section 7005 for a fiscal year beginning on or 
                      after the date of enactment of the Every Student 
                      Succeeds Act or any timely amendment to such 
                      application.
            ``(3) Amount.--A local educational agency eligible under 
        paragraph (1) shall receive a foundation payment as provided for 
        under subparagraphs (A) and (B) of subsection (h)(1), except 
        that the foundation payment shall be calculated based on the 
        most recent payment received by the local educational agency 
        based on its status prior to consolidation.'';
            (6) in subsection (h)(4), by striking ``For each local 
        educational agency that received a payment under this section 
        for fiscal year 2010 through the fiscal year in which the Impact 
        Aid Improvement Act of 2012 is enacted'' and inserting ``For 
        each local educational agency that received a payment under this 
        section for fiscal year 2010 or any succeeding fiscal year'';
            (7) by repealing subsections (k) and (m);
            (8) by redesignating subsection (l) as subsection (j);
            (9) in subsection (j) (as redesignated by paragraph (8)), by 
        striking ``(h)(4)(B)'' and inserting ``(h)(2)'';
            (10) by redesignating subsection (n) as subsection (k); and

[[Page 129 STAT. 2077]]

            (11) in subsection (k)(1) (as redesignated by paragraph 
        (10)), by striking ``section 8013(5)(C)(iii)'' and inserting 
        ``section 7013(5)(C)(iii)''.
SEC. 7004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

    Section 7003, as redesignated and amended by section 7001 of this 
Act, <<NOTE: 20 USC 7703.>> is further amended--
            (1) in subsection (a)(5)(A), by striking ``to be children'' 
        and all that follows through the period at the end and inserting 
        ``or under lease of off-base property under subchapter IV of 
        chapter 169 of title 10, United States Code, to be children 
        described under paragraph (1)(B), if the property described is--
                          ``(i) within the fenced security perimeter of 
                      the military facility; or
                          ``(ii) attached to, and under any type of 
                      force protection agreement with, the military 
                      installation upon which such housing is 
                      situated.'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) by striking subparagraph (E); and
                          (ii) by redesignating subparagraphs (F) and 
                      (G) as subparagraphs (E) and (F), respectively;
                    (B) in paragraph (2), by striking subparagraphs (B) 
                through (H) and inserting the following:
                    ``(B) Eligibility for heavily impacted local 
                educational agencies.--
                          ``(i) In general.--A heavily impacted local 
                      educational agency is eligible to receive a basic 
                      support payment under subparagraph (A) with 
                      respect to a number of children determined under 
                      subsection (a)(1) if the agency--
                                    ``(I) is a local educational 
                                agency--
                                            ``(aa) whose boundaries are 
                                        the same as a Federal military 
                                        installation or an island 
                                        property designated by the 
                                        Secretary of the Interior to be 
                                        property that is held in trust 
                                        by the Federal Government; and
                                            ``(bb) that has no taxing 
                                        authority;
                                    ``(II) is a local educational agency 
                                that--
                                            ``(aa) has an enrollment of 
                                        children described in subsection 
                                        (a)(1) that constitutes a 
                                        percentage of the total student 
                                        enrollment of the agency that is 
                                        not less than 45 percent;
                                            ``(bb) has a per-pupil 
                                        expenditure that is less than--
                                                ``(AA) for an agency 
                                            that has a total student 
                                            enrollment of 500 or more 
                                            students, 125 percent of the 
                                            average per-pupil 
                                            expenditure of the State in 
                                            which the agency is located; 
                                            or
                                                ``(BB) for any agency 
                                            that has a total student 
                                            enrollment of less than 500 
                                            students, 150 percent of the 
                                            average per-pupil 
                                            expenditure of the State in 
                                            which the agency is located 
                                            or the average per-pupil

[[Page 129 STAT. 2078]]

                                            expenditure of 3 or more 
                                            comparable local educational 
                                            agencies in the State in 
                                            which the agency is located; 
                                            and
                                            ``(cc) is an agency that has 
                                        a tax rate for general fund 
                                        purposes that is not less than 
                                        95 percent of the average tax 
                                        rate for general fund purposes 
                                        of comparable local educational 
                                        agencies in the State;
                                    ``(III) is a local educational 
                                agency that--
                                            ``(aa) has a tax rate for 
                                        general fund purposes which is 
                                        not less than 125 percent of the 
                                        average tax rate for general 
                                        fund purposes for comparable 
                                        local educational agencies in 
                                        the State; and
                                            ``(bb)(AA) has an enrollment 
                                        of children described in 
                                        subsection (a)(1) that 
                                        constitutes a percentage of the 
                                        total student enrollment of the 
                                        agency that is not less than 30 
                                        percent; or
                                            ``(BB) has an enrollment of 
                                        children described in subsection 
                                        (a)(1) that constitutes a 
                                        percentage of the total student 
                                        enrollment of the agency that is 
                                        not less than 20 percent, and 
                                        for the 3 fiscal years preceding 
                                        the fiscal year for which the 
                                        determination is made, the 
                                        average enrollment of children 
                                        who are not described in 
                                        subsection (a)(1) and who are 
                                        eligible for a free or reduced 
                                        price lunch under the Richard B. 
                                        Russell National School Lunch 
                                        Act constitutes a percentage of 
                                        the total student enrollment of 
                                        the agency that is not less than 
                                        65 percent;
                                    ``(IV) is a local educational agency 
                                that has a total student enrollment of 
                                not less than 25,000 students, of 
                                which--
                                            ``(aa) not less than 50 
                                        percent are children described 
                                        in subsection (a)(1); and
                                            ``(bb) not less than 5,000 
                                        of such children are children 
                                        described in subparagraphs (A) 
                                        and (B) of subsection (a)(1); or
                                    ``(V) is a local educational agency 
                                that--
                                            ``(aa) has an enrollment of 
                                        children described in subsection 
                                        (a)(1) including, for purposes 
                                        of determining eligibility, 
                                        those children described in 
                                        subparagraphs (F) and (G) of 
                                        such subsection, that is not 
                                        less than 35 percent of the 
                                        total student enrollment of the 
                                        agency;
                                            ``(bb) has a per-pupil 
                                        expenditure described in 
                                        subclause (II)(bb) (except that 
                                        a local educational agency with 
                                        a total student enrollment of 
                                        less than 350 students shall be 
                                        deemed to have satisfied such 
                                        per-pupil expenditure 
                                        requirement) and has a tax rate 
                                        for general fund purposes which 
                                        is not less than 95 percent of 
                                        the average tax rate for

[[Page 129 STAT. 2079]]

                                        general fund purposes for 
                                        comparable local educational 
                                        agencies in the State; and
                                            ``(cc) was eligible to 
                                        receive assistance under 
                                        subparagraph (A) for fiscal year 
                                        2001.
                          ``(ii) Loss of eligibility.--
                                    ``(I) In general.--Subject to 
                                subclause (II), a heavily impacted local 
                                educational agency that met the 
                                requirements of clause (i) for a fiscal 
                                year shall be ineligible to receive a 
                                basic support payment under subparagraph 
                                (A) if the agency fails to meet the 
                                requirements of clause (i) for a 
                                subsequent fiscal year, except that such 
                                agency shall continue to receive a basic 
                                support payment under this paragraph for 
                                the fiscal year for which the 
                                ineligibility determination is made.
                                    ``(II) Loss of eligibility due to 
                                falling below 95 percent of the average 
                                tax rate for general fund purposes.--In 
                                the case of a heavily impacted local 
                                educational agency described in 
                                subclause (II) or (V) of clause (i) that 
                                is eligible to receive a basic support 
                                payment under subparagraph (A), but that 
                                has had, for 2 consecutive fiscal years, 
                                a tax rate for general fund purposes 
                                that falls below 95 percent of the 
                                average tax rate for general fund 
                                purposes of comparable local educational 
                                agencies in the State, such agency shall 
                                be determined to be ineligible under 
                                clause (i) and ineligible to receive a 
                                basic support payment under subparagraph 
                                (A) for each fiscal year succeeding such 
                                2 consecutive fiscal years for which the 
                                agency has such a tax rate for general 
                                fund purposes, and until the fiscal year 
                                for which the agency resumes such 
                                eligibility in accordance with clause 
                                (iii).
                                    ``(III) Taken over by state board of 
                                education.--In the case of a heavily 
                                impacted local educational agency that 
                                is eligible to receive a basic support 
                                payment under subparagraph (A), but that 
                                has been taken over by a State board of 
                                education in any 2 previous years, such 
                                agency shall be deemed to maintain 
                                heavily impacted status for 2 fiscal 
                                years following the date of enactment of 
                                the Every Student Succeeds Act.
                          ``(iii) Resumption of eligibility.--A heavily 
                      impacted local educational agency described in 
                      clause (i) that becomes ineligible under such 
                      clause for 1 or more fiscal years may resume 
                      eligibility for a basic support payment under this 
                      paragraph for a subsequent fiscal year only if the 
                      agency meets the requirements of clause (i) for 
                      that subsequent fiscal year, except that such 
                      agency shall not receive a basic support payment 
                      under this paragraph until the fiscal year 
                      succeeding the fiscal year for which the 
                      eligibility determination is made.
                    ``(C) Maximum amount for heavily impacted local 
                educational agencies.--

[[Page 129 STAT. 2080]]

                          ``(i) In general.--Except as provided in 
                      subparagraph (D), the maximum amount that a 
                      heavily impacted local educational agency is 
                      eligible to receive under this paragraph for any 
                      fiscal year is the sum of the total weighted 
                      student units, as computed under subsection (a)(2) 
                      and subject to clause (ii), multiplied by the 
                      greater of--
                                    ``(I) four-fifths of the average 
                                per-pupil expenditure of the State in 
                                which the local educational agency is 
                                located for the third fiscal year 
                                preceding the fiscal year for which the 
                                determination is made; or
                                    ``(II) four-fifths of the average 
                                per-pupil expenditure of all of the 
                                States for the third fiscal year 
                                preceding the fiscal year for which the 
                                determination is made.
                          ``(ii) Calculation of weighted student 
                      units.--
                                    ``(I) In general.--
                                            ``(aa) Percentage 
                                        enrollment.--For a local 
                                        educational agency in which 35 
                                        percent or more of the total 
                                        student enrollment of the 
                                        schools of the agency are 
                                        children described in 
                                        subparagraph (D) or (E) (or a 
                                        combination thereof) of 
                                        subsection (a)(1), and that has 
                                        an enrollment of children 
                                        described in subparagraph (A), 
                                        (B), or (C) of such subsection 
                                        equal to at least 10 percent of 
                                        the agency's total enrollment, 
                                        the Secretary shall calculate 
                                        the weighted student units of 
                                        those children described in 
                                        subparagraph (D) or (E) of such 
                                        subsection by multiplying the 
                                        number of such children by a 
                                        factor of 0.55.
                                            ``(bb) Exception.--
                                        Notwithstanding item (aa), a 
                                        local educational agency that 
                                        received a payment under this 
                                        paragraph for fiscal year 2013 
                                        shall not be required to have an 
                                        enrollment of children described 
                                        in subparagraph (A), (B), or (C) 
                                        of subsection (a)(1) equal to at 
                                        least 10 percent of the agency's 
                                        total enrollment and shall be 
                                        eligible for the student weight 
                                        as provided for in item (aa).
                                    ``(II) Enrollment of 100 or fewer 
                                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.

[[Page 129 STAT. 2081]]

                    ``(D) Maximum amount for large heavily impacted 
                local educational agencies.--
                          ``(i) In general.--
                                    ``(I) Formula.--Subject to clause 
                                (ii), the maximum amount that a heavily 
                                impacted local educational agency 
                                described in subclause (II) is eligible 
                                to receive under this paragraph for any 
                                fiscal year shall be determined in 
                                accordance with the formula described in 
                                paragraph (1)(C).
                                    ``(II) Heavily impacted local 
                                educational agency.--A heavily impacted 
                                local educational agency described in 
                                this subclause is a local educational 
                                agency that has a total student 
                                enrollment of not less than 25,000 
                                students, of which not less than 50 
                                percent are children described in 
                                subsection (a)(1) and not less than 
                                5,000 of such children are children 
                                described in subparagraphs (A) and (B) 
                                of subsection (a)(1).
                          ``(ii) Factor.--For purposes of calculating 
                      the maximum amount described in clause (i), the 
                      factor used in determining the weighted student 
                      units under subsection (a)(2) with respect to 
                      children described in subparagraphs (A) and (B) of 
                      subsection (a)(1) shall be 1.35.
                    ``(E) Data.--For purposes of providing assistance 
                under this paragraph, the Secretary shall use student, 
                revenue, 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)(cc), shall be 
                                considered to have met that requirement, 
                                if its State determined, through an 
                                alternate calculation of average tax 
                                rates for general fund purposes, that 
                                such local educational agency met that 
                                requirement.
                                    ``(II) Subsequent fiscal years after 
                                2015.--For any succeeding fiscal year 
                                after 2015, any local educational agency 
                                identified in subclause

[[Page 129 STAT. 2082]]

                                (I) may continue to have its State use 
                                that alternate methodology to calculate 
                                whether the average tax rate requirement 
                                for general fund purposes under 
                                subparagraph (B)(i)(II)(cc) is met.
                                    ``(III) Availability of funds.--
                                Notwithstanding any other provision of 
                                law limiting the period during which the 
                                Secretary may obligate funds 
                                appropriated for any fiscal year after 
                                2012, the Secretary shall reserve a 
                                total of $14,000,000 from funds that 
                                remain unobligated under this section 
                                from fiscal years 2015 or 2016 in order 
                                to make payments under this clause for 
                                fiscal years 2011 through 2014.
                    ``(G) Eligibility for heavily impacted local 
                educational agencies affected by privatization of 
                military housing.--
                          ``(i) Eligibility.--For any fiscal year, a 
                      heavily impacted local educational agency that 
                      received a basic support payment under this 
                      paragraph for the prior fiscal year, but is 
                      ineligible for such payment for the current fiscal 
                      year under subparagraph (B) due to the conversion 
                      of military housing units to private housing 
                      described in clause (iii), or as the direct result 
                      of base realignment and closure or modularization 
                      as determined by the Secretary of Defense and 
                      force structure change or force relocation, shall 
                      be deemed to meet the eligibility requirements 
                      under subparagraph (B) for the period during which 
                      the housing units are undergoing such conversion 
                      or during such time as activities associated with 
                      base closure and realignment, modularization, 
                      force structure change, or force relocation are 
                      ongoing.
                          ``(ii) Amount of payment.--The amount of a 
                      payment to a heavily impacted local educational 
                      agency for a fiscal year by reason of the 
                      application of clause (i), and calculated in 
                      accordance with subparagraph (C) or (D), as the 
                      case may be, shall be based on the number of 
                      children in average daily attendance in the 
                      schools of such agency for the fiscal year and 
                      under the same provisions of subparagraph (C) or 
                      (D) under which the agency was paid during the 
                      prior fiscal year.
                          ``(iii) Conversion of military housing units 
                      to private housing described.--For purposes of 
                      clause (i), `conversion of military housing units 
                      to private housing' means the conversion of 
                      military housing units to private housing units 
                      pursuant to subchapter IV of chapter 169 of title 
                      10, United States Code, or pursuant to any other 
                      related provision of law.'';
                    (C) in paragraph (3)--
                          (i) in subparagraph (B), by striking clause 
                      (iii) and inserting the following:
                    ``(iii) In the case of a local educational agency 
                providing a free public education to students enrolled 
                in kindergarten through grade 12, that enrolls students 
                described in subparagraphs (A), (B), and (D) of 
                subsection (a)(1) only in grades 9 through 12, and that 
                received a final payment

[[Page 129 STAT. 2083]]

                for fiscal year 2009 calculated under section 8003(b)(3) 
                (as such section was in effect on the day before the 
                date of enactment of the Every Student Succeeds Act) for 
                students in grades 9 through 12, the Secretary shall, in 
                calculating the agency's payment, consider only that 
                portion of such agency's total enrollment of students in 
                grades 9 through 12 when calculating the percentage 
                under clause (i)(I) and only that portion of the total 
                current expenditures attributed to the operation of 
                grades 9 through 12 in such agency when calculating the 
                percentage under clause (i)(II).'';
                          (ii) in subparagraph (C), by striking 
                      ``subparagraph (D) or (E) of paragraph (2), as the 
                      case may be'' and inserting ``subparagraph (C) or 
                      (D) of paragraph (2), as the case may be''; and
                          (iii) by striking subparagraph (D) and 
                      inserting the following:
                    ``(D) Ratable distribution.--For fiscal years 
                described in subparagraph (A), for which the sums 
                available exceed the amount required to pay each local 
                educational agency 100 percent of its threshold payment, 
                the Secretary shall distribute the excess sums to each 
                eligible local educational agency that has not received 
                its full amount computed under paragraphs (1) or (2) (as 
                the case may be) by multiplying--
                          ``(i) a percentage, the denominator of which 
                      is the difference between the full amount computed 
                      under paragraph (1) or (2) (as the case may be) 
                      for all local educational agencies and the amount 
                      of the threshold payment (as calculated under 
                      subparagraphs (B) and (C)) of all local 
                      educational agencies, and the numerator of which 
                      is the aggregate of the excess sums, by
                          ``(ii) the difference between the full amount 
                      computed under paragraph (1) or (2) (as the case 
                      may be) for the agency and the amount of the 
                      threshold payment (as calculated under 
                      subparagraphs (B) or (C)) of the agency, except 
                      that no local educational agency shall receive 
                      more than 100 percent of the maximum payment 
                      calculated under subparagraph (C) or (D) of 
                      paragraph (2).
                    ``(E) Insufficient payments.--For each fiscal year 
                described in subparagraph (A) for which the sums 
                appropriated are insufficient to pay each local 
                educational agency all of the local educational agency's 
                threshold payment described in subparagraph (B), the 
                Secretary shall ratably reduce the payment to each local 
                educational agency under this paragraph.
                    ``(F) Increases.--
                          ``(i) Increases based on insufficient funds.--
                      If additional funds become available under 7014(b) 
                      for making payments under paragraphs (1) and (2) 
                      and those funds are not sufficient to increase 
                      each local

[[Page 129 STAT. 2084]]

                      educational agency's threshold payment above 100 
                      percent of its threshold payment described in 
                      subparagraph (B), payments that were reduced under 
                      subparagraph (E) shall be increased by the 
                      Secretary on the same basis as such payments were 
                      reduced.
                          ``(ii) Increases based on sufficient funds.--
                      If additional funds become available under section 
                      7014(b) for making payments under paragraphs (1) 
                      and (2) and those funds are sufficient to increase 
                      each local educational agency's threshold payment 
                      above 100 percent of its threshold payment 
                      described in subparagraph (B), the payment for 
                      each local educational agency shall be 100 percent 
                      of its threshold payment. The Secretary shall then 
                      distribute the excess sums to each eligible local 
                      educational agency in accordance with subparagraph 
                      (D).
                    ``(G) Provision of tax rate and resulting 
                percentage.--As soon as practicable following the 
                payment of funds under paragraph (2) to an eligible 
                local educational agency, the Secretary shall provide 
                the local educational agency with a description of--
                          ``(i) the tax rate of the local educational 
                      agency; and
                          ``(ii) the percentage such tax rate represents 
                      of the average tax rate for general fund purposes 
                      of comparable local educational agencies in the 
                      State as determined under subclauses (II)(cc), 
                      III(aa), or (V)(bb) of paragraph (2)(B)(i) (as the 
                      case may be).''; and
                    (D) in paragraph (4)--
                          (i) in subparagraph (A), by striking ``through 
                      (D)'' and inserting ``and (C)''; and
                          (ii) in subparagraph (B), by striking 
                      ``subparagraph (D) or (E)'' and inserting 
                      ``subparagraph (C) or (D)'';
            (3) in subsection (c), by striking paragraph (2) and 
        inserting the following:
            ``(2) Exception.--Calculation of payments for a local 
        educational agency shall be based on data from the fiscal year 
        for which the agency is making an application for payment if 
        such agency--
                    ``(A) is newly established by a State, for the first 
                year of operation of such agency only;
                    ``(B) was eligible to receive a payment under this 
                section for the previous fiscal year and has had an 
                overall increase in enrollment (as determined by the 
                Secretary in consultation with the Secretary of Defense, 
                the Secretary of the Interior, or the heads of other 
                Federal agencies)--
                          ``(i)(I) of not less than 10 percent of 
                      children described in--
                                            ``(aa) subparagraph (A), 
                                        (B), (C), or (D) of subsection 
                                        (a)(1); or
                                            ``(bb) subparagraphs (F) and 
                                        (G) of subsection (a)(1), but 
                                        only to the extent that such 
                                        children are civilian dependents 
                                        of employees of the Department 
                                        of Defense or the Department of 
                                        the Interior; or
                          ``(II) of not less than 100 of such children; 
                      and

[[Page 129 STAT. 2085]]

                          ``(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) for the previous fiscal year.'';
            (4) in subsection (d)(1), by striking ``section 8014(c)'' 
        and inserting ``section 7014(c)'';
            (5) in subsection (e)--
                    (A) by redesignating paragraph (3) as paragraph (4);
                    (B) by striking paragraphs (1) and (2) and inserting 
                the following:
            ``(1) In general.--In the case of any local educational 
        agency eligible to receive a payment under subsection (b) whose 
        calculated payment amount for a fiscal year is reduced by 20 
        percent, as compared to the amount received for the previous 
        fiscal year, the Secretary shall pay the local educational 
        agency, for the year of the reduction and the following 2 years, 
        the amount determined under paragraph (2).
            ``(2) Amount of reduction.--Subject to paragraph (3), A 
        local educational agency described in paragraph (1) shall 
        receive--
                    ``(A) for the first year for which the reduced 
                payment is determined, an amount that is not less than 
                90 percent of the total amount that the local 
                educational agency received under subsection (b) for the 
                previous fiscal year;
                    ``(B) for the second year following such reduction, 
                an amount that is not less than 85 percent of the total 
                amount that the local educational agency received under 
                subparagraph (A); and
                    ``(C) for the third year following such reduction, 
                an amount that is not less than 80 percent of the total 
                amount that the local educational agency received under 
                subparagraph (B).
            ``(3) Special rule.--For any fiscal year for which a local 
        educational agency would receive a payment under subsection (b) 
        in excess of the amount determined under paragraph (2), the 
        payment received by the local educational agency for such fiscal 
        year shall be calculated under paragraph (1) or (2) of 
        subsection (b).''; and
            (6) by striking subsection (g).

[[Page 129 STAT. 2086]]

SEC. 7005. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING 
                          ON INDIAN LANDS.

    Section 7004(e)(9), as redesignated and amended by section 7001 of 
this Act, <<NOTE: 20 USC 7704.>> is further amended by striking 
``Affairs'' both places the term appears and inserting ``Education''.
SEC. 7006. APPLICATION FOR PAYMENTS UNDER SECTIONS 7002 AND 7003.

    Section 7005, as redesignated and amended by section 7001 of this 
Act, <<NOTE: 20 USC 7705.>> is further amended--
            (1) in the section heading, by striking ``8002 and 8003'' 
        and inserting ``7002 and 7003'';
            (2) by striking ``or 8003'' each place it appears and 
        inserting ``or 7003'';
            (3) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``, and shall contain such information,''; and
                    (B) by striking ``section 8004'' and inserting 
                ``section 7004''; and
            (4) in subsection (d)(2), by striking ``section 8003(e)'' 
        and inserting ``section 7003(e)'';
SEC. 7007. CONSTRUCTION.

    Section 7007, as redesignated and amended by section 7001 of this 
Act, <<NOTE: 20 USC 7707.>> is further amended--
            (1) in subsection (a)--
                    (A) in paragraph (3)(A)(i)--
                          (i) by redesignating the first subclause (II) 
                      as subclause (I);
                          (ii) in subclause (II), by striking ``section 
                      8008(a)'' and inserting ``section 7008(a)''; and
                    (B) in paragraph (4), by striking ``section 
                8013(3)'' and inserting ``section 7013(3)''; and
            (2) in subsection (b)--
                    (A) in paragraph (3)(C)(i)(I), by adding at the end 
                the following:
                                    ``(cc) Not less than 10 percent of 
                                the property acreage in the agency is 
                                exempt from State and local taxation 
                                under Federal law.''; and
                    (B) in paragraph (6)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``, in such manner, and accompanied by 
                      such information'' and inserting ``and in such 
                      manner'';
                          (ii) in subparagraph (A), by inserting before 
                      the period at the end the following: ``, and 
                      containing such additional information as may be 
                      necessary to meet any award criteria for a grant 
                      under this subsection as provided by any other 
                      Act''; and
                          (iii) by striking subparagraph (F).
SEC. 7008. FACILITIES.

    Section 7008(a), as redesignated by section 7001 of <<NOTE: 20 USC 
7708.>> this Act, is amended by striking ``section 8014(f)'' and 
inserting ``section 7014(e)''.

[[Page 129 STAT. 2087]]

SEC. 7009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID.

    Section 7009, as redesignated and amended by section 7001 of this 
Act, <<NOTE: 20 USC 7709.>> is further amended--
            (1) by striking ``section 8011(a)'' each place it appears 
        and inserting ``section 7011(a)'';
            (2) in subsection (b)(1)--
                    (A) by striking ``or 8003(b)'' and inserting ``or 
                7003(b)''; and
                    (B) by striking ``section 8003(a)(2)(B)'' and 
                inserting ``section 7003(a)(2)(B)''; and
            (3) in subsection (c)(1)(B), by striking ``and contain the 
        information'' and inserting ``that'' after ``form''.
SEC. 7010. FEDERAL ADMINISTRATION.

    Section 7010, as redesignated and amended by section 7001 of this 
Act, <<NOTE: 20 USC 7710.>> is further amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), in the paragraph heading, by 
                striking ``8003(a)(1)'' and inserting ``7003(a)(1)'';
                    (B) in paragraph (2)(D), by striking ``section 
                8009(b)'' and inserting ``section 7009(b)''; and
            (2) in subsection (d)(2), by striking ``section 8014'' and 
        inserting ``section 7014''.
SEC. 7011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

    Section 7011(a), as redesignated by section 7001 of <<NOTE: 20 USC 
7711.>> this Act, is amended by striking ``or under the Act'' and all 
that follows through ``1994)''.
SEC. 7012. DEFINITIONS.

    Section 7013, as redesignated by section 7001 of this 
Act, <<NOTE: 20 USC 7713.>> is amended--
            (1) in paragraph (1), by striking ``and Marine Corps'' and 
        inserting ``Marine Corps, and Coast Guard'';
            (2) in paragraph (4), by striking ``and title VI'';
            (3) in paragraph (5)(A)--
                    (A) in clause (ii), by striking subclause (III) and 
                inserting the following:
                                    ``(III) conveyed at any time under 
                                the Alaska Native Claims Settlement Act 
                                to a Native individual, Native group, or 
                                village or regional corporation 
                                (including single family occupancy 
                                properties that may have been 
                                subsequently sold or leased to a third 
                                party), except that property that is 
                                conveyed under such Act--
                                            ``(aa) that is not taxed is, 
                                        for the purposes of this 
                                        paragraph, considered tax-exempt 
                                        due to Federal law; and
                                            ``(bb) is considered Federal 
                                        property for the purpose of this 
                                        paragraph if the property is 
                                        located within a Regional 
                                        Educational Attendance Area that 
                                        has no taxing power;''; and
                    (B) in clause (iii)--
                          (i) in subclause (II), by striking ``Stewart 
                      B. McKinney Homeless Assistance Act'' and 
                      inserting

[[Page 129 STAT. 2088]]

                      ``McKinney-Vento Homeless Assistance Act (42 
                      U.S.C. 11411)''; and
                          (ii) by striking subclause (III) and inserting 
                      the following:
                          ``(III) used for affordable housing assisted 
                      under the Native American Housing Assistance and 
                      Self-Determination Act of 1996 (25 U.S.C. 4101 et 
                      seq.); or''.
SEC. 7013. AUTHORIZATION OF APPROPRIATIONS.

    Section 7014, as amended and redesignated by section 7001 of this 
Act, <<NOTE: 20 USC 7714.>> is further amended--
            (1) in subsection (a), by striking ``$32,000,000 for fiscal 
        year 2000 and such sums as may be necessary for each of the 
        seven succeeding fiscal years'' and inserting ``$66,813,000 for 
        each of fiscal years 2017 through 2019, and $71,997,917 for 
        fiscal year 2020'';
            (2) in subsection (b), by striking ``$809,400,000 for fiscal 
        year 2000 and such sums as may be necessary for each of the 
        seven succeeding fiscal years'' and inserting ``$1,151,233,000 
        for each of fiscal years 2017 through 2019, and $1,240,572,618 
        for fiscal year 2020'';
            (3) in subsection (c)--
                    (A) by striking ``section 8003(d)'' and inserting 
                ``section 7003(d)''; and
                    (B) by striking ``$50,000,000 for fiscal year 2000 
                and such sums as may be necessary for each of the seven 
                succeeding fiscal years'' and inserting ``$48,316,000 
                for each of fiscal years 2017 through 2019, and 
                $52,065,487 for fiscal year 2020'';
            (4) by redesignating subsections (e) and (f) as subsections 
        (d) and (e), respectively;
            (5) in subsection (d) (as redesignated by paragraph (4))--
                    (A) by striking ``section 8007'' and inserting 
                ``section 7007''; and
                    (B) by striking ``$10,052,000 for fiscal year 2000 
                and such sums as may be necessary for fiscal year 2001, 
                $150,000,000 for fiscal year 2002, and such sums as may 
                be necessary for each of the five succeeding fiscal 
                years'' and inserting ``$17,406,000 for each of fiscal 
                years 2017 through 2019, and $18,756,765 for fiscal year 
                2020''; and
            (6) in subsection (e) (as redesignated by paragraph (4))--
                    (A) by striking ``section 8008'' and inserting 
                ``section 7008''; and
                    (B) by striking ``$5,000,000 for fiscal year 2000 
                and such sums as may be necessary for each of the seven 
                succeeding fiscal years'' and inserting ``$4,835,000 for 
                each of fiscal years 2017 through 2019, and $5,210,213 
                for fiscal year 2020''.

                     TITLE VIII--GENERAL PROVISIONS

SEC. 8001. GENERAL PROVISIONS.

    (a) Title IX Redesignations.--Title IX (20 U.S.C. 7801 et seq.) (as 
amended by sections 2001 and 4001 of this Act) is redesignated as title 
VIII and further amended--

[[Page 129 STAT. 2089]]

            (1) by redesignating sections 9101 through 9103 <<NOTE: 20 
        USC 7801-7803.>> as sections 8101 through 8103, respectively;
            (2) by redesignating sections 9201 through 9204 <<NOTE: 20 
        USC 7821-7824.>> as sections 8201 through 8204, respectively;
            (3) by redesignating sections 9301 through 9306 <<NOTE: 20 
        USC 7841-7846.>> as sections 8301 through 8306, respectively;
            (4) by redesignating section 9401 <<NOTE: 20 USC 7861.>> as 
        section 8401;
            (5) by redesignating sections 9501 through 9506 <<NOTE: 20 
        USC 7881-7886.>> as sections 8501 through 8506, respectively;
            (6) by redesignating sections 9521 through 9537 <<NOTE: 20 
        USC 7901-7917.>> as sections 8521 through 8537, respectively;
            (7) by redesignating sections 9541 through 9548 <<NOTE: 20 
        USC 7491-7948.>> as sections 8551 through 8558, respectively;
            (8) by redesignating section 9551 <<NOTE: 20 USC 7961.>> as 
        8561;
            (9) by redesignating sections 9561 through 9564 <<NOTE: 20 
        USC 7971-7974.>> as sections 8571 through 8574, respectively; 
        and
            (10) by redesignating section 9601 <<NOTE: 20 USC 7941.>> as 
        section 8601.

    (b) Structural and Conforming Amendments.--Title VIII (as 
redesignated by subsection (a) of this section) is further amended--
            (1) by redesignating parts E and F as parts F and G, 
        respectively;
            (2) <<NOTE: 20 USC 7801, 7846.>> by striking ``9305'' each 
        place it appears and inserting ``8305'';
            (3) <<NOTE: 20 USC 7801, 7844, 7845.>> by striking ``9302'' 
        each place it appears and inserting ``8302''; and
            (4) <<NOTE: 20 USC 7882, 7884.>> by striking ``9501'' each 
        place it appears and inserting ``8501''.
SEC. 8002. DEFINITIONS.

    Section 8101, as redesignated and amended by section 8001 of this 
Act, <<NOTE: 20 USC 7801.>> is further amended--
            (1) by striking paragraphs (3), (11), (19), (23), (35), 
        (36), (37), and (42);
            (2) by redesignating paragraphs (4), (5), (6), (7), (8), 
        (9), (10), (12), (13), (14), (15), (16), (17), (18), (20), (21), 
        (22), (24), (25), (26), (27), (28), (29), (30), (31), (32), 
        (33), (34), (38), (39), (41), and (43) as paragraphs (3), (4), 
        (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (18), 
        (19), (24), (26), (27), (29), (20), (30), (31), (34), (35), 
        (36), (38), (39), (41), (42), (45), (46), (49), and (50), 
        respectively, and by transferring such paragraph (20) (as so 
        redesignated) so as to follow such paragraph (19) (as so 
        redesignated);
            (3) by striking paragraphs (11) and (12) (as so redesignated 
        by paragraph (2)) and inserting the following:
            ``(11) Covered program.--The term `covered program' means 
        each of the programs authorized by--
                    ``(A) part A of title I;
                    ``(B) part C of title I;
                    ``(C) part D of title I;
                    ``(D) part A of title II;
                    ``(E) part A of title III;
                    ``(F) part A of title IV;
                    ``(G) part B of title IV; and
                    ``(H) subpart 2 of part B of title V.
            ``(12) Current expenditures.--The term `current 
        expenditures' means expenditures for free public education--

[[Page 129 STAT. 2090]]

                    ``(A) including expenditures for administration, 
                instruction, attendance and health services, pupil 
                transportation services, operation and maintenance of 
                plant, fixed charges, and net expenditures to cover 
                deficits for food services and student body activities; 
                but
                    ``(B) not including expenditures for community 
                services, capital outlay, and debt service, or any 
                expenditures made from funds received under title I.'';
            (4) by inserting after paragraph (14) (as so redesignated by 
        paragraph (2)) the following:
            ``(15) Dual or concurrent enrollment program.--The term 
        `dual or concurrent enrollment program' means a program offered 
        by a partnership between at least one institution of higher 
        education and at least one local educational agency through 
        which a secondary school student who has not graduated from high 
        school with a regular high school diploma is able to enroll in 
        one or more postsecondary courses and earn postsecondary credit 
        that--
                    ``(A) is transferable to the institutions of higher 
                education in the partnership; and
                    ``(B) applies toward completion of a degree or 
                recognized educational credential as described in the 
                Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
            ``(16) Early childhood education program.--The term `early 
        childhood education program' has the meaning given the term in 
        section 103 of the Higher Education Act of 1965 (20 U.S.C. 
        1003).
            ``(17) Early college high school.--The term `early college 
        high school' means a partnership between at least one local 
        educational agency and at least one institution of higher 
        education that allows participants to simultaneously complete 
        requirements toward earning a regular high school diploma and 
        earn not less than 12 credits that are transferable to the 
        institutions of higher education in the partnership as part of 
        an organized course of study toward a postsecondary degree or 
        credential at no cost to the participant or participant's 
        family.'';
            (5) in paragraph (20) (as so redesignated and transferred by 
        paragraph (2))--
                    (A) in the paragraph heading, by striking ``Limited 
                english proficient'' and inserting ``English learner'';
                    (B) in the matter preceding subparagraph (A), by 
                striking ``limited English proficient'' and inserting 
                ``English learner''; and
                    (C) in subparagraph (D)(i), by striking ``State's 
                proficient level of achievement on State assessments 
                described in section 1111(b)(3)'' and inserting 
                ``challenging State academic standards'';
            (6) by inserting after paragraph (20) (as so redesignated 
        and transferred by paragraph (2)), the following:
            ``(21) Evidence-based.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `evidence-based', when used 
                with respect to a State, local educational agency, or 
                school activity, means an activity, strategy, or 
                intervention that--

[[Page 129 STAT. 2091]]

                          ``(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 based on 
                      high-quality research findings or positive 
                      evaluation that such activity, strategy, or 
                      intervention is likely to improve student outcomes 
                      or other relevant outcomes; and
                                    ``(II) includes ongoing efforts to 
                                examine the effects of such activity, 
                                strategy, or intervention.
                    ``(B) Definition for specific activities funded 
                under this act.--When used with respect to interventions 
                or improvement activities or strategies funded under 
                section 1003, the term `evidence-based' means a State, 
                local educational agency, or school activity, strategy, 
                or intervention that meets the requirements of subclause 
                (I), (II), or (III) of subparagraph (A)(i).
            ``(22) Expanded learning time.--The term `expanded learning 
        time' means using a longer school day, week, or year schedule to 
        significantly increase the total number of school hours, in 
        order to include additional time for--
                    ``(A) activities and instruction for enrichment as 
                part of a well-rounded education; and
                    ``(B) instructional and support staff to 
                collaborate, plan, and engage in professional 
                development (including professional development on 
                family and community engagement) within and across 
                grades and subjects.
            ``(23) Extended-year adjusted cohort graduation rate.--
                    ``(A) In general.--The term `extended-year adjusted 
                cohort graduation rate' means the fraction--
                          ``(i) the denominator of which consists of the 
                      number of students who form the original cohort of 
                      entering first-time students in grade 9 enrolled 
                      in the high school no later than the date by which 
                      student membership data must be collected annually 
                      by State educational agencies for submission to 
                      the National Center for Education Statistics under 
                      section 153 of the Education Sciences Reform Act 
                      of 2002 (20 U.S.C. 9543), adjusted by--
                                    ``(I) adding the students who joined 
                                that cohort, after the date of the 
                                determination of the original cohort; 
                                and
                                    ``(II) subtracting only those 
                                students who left that cohort, after the 
                                date of the determination of the 
                                original cohort, as described in 
                                subparagraph (B); and
                          ``(ii) the numerator of which--

[[Page 129 STAT. 2092]]

                                    ``(I) consists of the sum of--
                                            ``(aa) the number of 
                                        students in the cohort, as 
                                        adjusted under clause (i), who 
                                        earned a regular high school 
                                        diploma before, during, or at 
                                        the conclusion of--
                                                ``(AA) one or more 
                                            additional years beyond the 
                                            fourth year of high school; 
                                            or
                                                ``(BB) a summer session 
                                            immediately following the 
                                            additional year of high 
                                            school; and
                                            ``(bb) all students with the 
                                        most significant cognitive 
                                        disabilities in the cohort, as 
                                        adjusted under clause (i), 
                                        assessed using the alternate 
                                        assessment aligned to alternate 
                                        academic achievement standards 
                                        under section 1111(b)(2)(D) and 
                                        awarded a State-defined 
                                        alternate diploma that is--
                                                ``(AA) standards-based;
                                                ``(BB) aligned with the 
                                            State requirements for the 
                                            regular high school diploma; 
                                            and
                                                ``(CC) obtained within 
                                            the time period for which 
                                            the State ensures the 
                                            availability of a free 
                                            appropriate public education 
                                            under section 612(a)(1) of 
                                            the Individuals with 
                                            Disabilities Education Act 
                                            (20 U.S.C. 1412(a)(1)); and
                                    ``(II) shall not include any student 
                                awarded a recognized equivalent of a 
                                diploma, such as a general equivalency 
                                diploma, certificate of completion, 
                                certificate of attendance, or similar 
                                lesser credential.
                    ``(B) Cohort removal.--To remove a student from a 
                cohort, a school or local educational agency shall 
                require documentation, or obtain documentation from the 
                State educational agency, to confirm that the student 
                has transferred out, emigrated to another country, or 
                transferred to a prison or juvenile facility, or is 
                deceased.
                    ``(C) Transferred out.--For purposes of this 
                paragraph, the term `transferred out' has the meaning 
                given the term in clauses (i), (ii), and (iii) of 
                paragraph (25)(C).
                    ``(D) Special rules.--
                          ``(i) Schools starting after grade 9.--For 
                      those high schools that start after grade 9, the 
                      original cohort shall be calculated for the 
                      earliest high school grade students attend no 
                      later than the date by which student membership 
                      data is collected annually by State educational 
                      agencies for submission to the National Center for 
                      Education Statistics pursuant to section 153 of 
                      the Education Sciences Reform Act of 2002 (20 
                      U.S.C. 9543).
                          ``(ii) Very small schools.--A State 
                      educational agency may calculate the extended year 
                      adjusted cohort graduation rate described under 
                      this paragraph for a high school with an average 
                      enrollment over a 4-year period of less than 100 
                      students for the purposes of section 1111(c)(4) 
                      by--

[[Page 129 STAT. 2093]]

                                    ``(I) averaging the extended-year 
                                adjusted cohort graduation rate of the 
                                school over a period of three years; or
                                    ``(II) establishing a minimum number 
                                of students that must be included in the 
                                cohort described in clause (i) of 
                                subparagraph (A) that will provide a 
                                valid graduation rate calculation as 
                                determined by the Secretary, below which 
                                the school shall be exempt from 
                                differentiation and identification under 
                                such section.'';
            (7) by inserting after paragraph (24) (as so redesignated by 
        paragraph (2)) the following:
            ``(25) Four-year adjusted cohort graduation rate.--
                    ``(A) In general.--The term `four-year adjusted 
                cohort graduation rate' means the fraction--
                          ``(i) the denominator of which consists of the 
                      number of students who form the original cohort of 
                      entering first-time students in grade 9 enrolled 
                      in the high school no later than the date by which 
                      student membership data is collected annually by 
                      State educational agencies for submission to the 
                      National Center for Education Statistics pursuant 
                      to section 153 of the Education Sciences Reform 
                      Act of 2002 (20 U.S.C. 9543), adjusted by--
                                    ``(I) adding the students who joined 
                                that cohort, after the date of the 
                                determination of the original cohort; 
                                and
                                    ``(II) subtracting only those 
                                students who left that cohort, after the 
                                date of the determination of the 
                                original cohort, as described in 
                                subparagraph (B); and
                          ``(ii) the numerator of which--
                                    ``(I) consists of the sum of--
                                            ``(aa) the number of 
                                        students in the cohort, as 
                                        adjusted under clause (i), who 
                                        earned a regular high school 
                                        diploma before, during, or at 
                                        the conclusion of--
                                                ``(AA) the fourth year 
                                            of high school; or
                                                ``(BB) a summer session 
                                            immediately following the 
                                            fourth year of high school; 
                                            and
                                            ``(bb) all students with the 
                                        most significant cognitive 
                                        disabilities in the cohort, as 
                                        adjusted under clause (i), 
                                        assessed using the alternate 
                                        assessment aligned to alternate 
                                        academic achievement standards 
                                        under section 1111(b)(2)(D) and 
                                        awarded a State-defined 
                                        alternate diploma that is--
                                                ``(AA) standards-based;
                                                ``(BB) aligned with the 
                                            State requirements for the 
                                            regular high school diploma; 
                                            and
                                                ``(CC) obtained within 
                                            the time period for which 
                                            the State ensures the 
                                            availability of a free 
                                            appropriate public education 
                                            under section 612(a)(1) of 
                                            the

[[Page 129 STAT. 2094]]

                                            Individuals with 
                                            Disabilities Education Act 
                                            (20 U.S.C. 1412(a)(1); and
                                    ``(II) shall not include any student 
                                awarded a recognized equivalent of a 
                                diploma, such as a general equivalency 
                                diploma, certificate of completion, 
                                certificate of attendance, or similar 
                                lesser credential.
                    ``(B) Cohort removal.--To remove a student from a 
                cohort, a school or local educational agency shall 
                require documentation, or obtain documentation from the 
                State educational agency, to confirm that the student 
                has transferred out, emigrated to another country, or 
                transferred to a prison or juvenile facility, or is 
                deceased.
                    ``(C) Transferred out.--
                          ``(i) In general.--For purposes of this 
                      paragraph, the term `transferred out' means that a 
                      student, as confirmed by the high school or local 
                      educational agency in accordance with clause (ii), 
                      has transferred to--
                                    ``(I) another school from which the 
                                student is expected to receive a regular 
                                high school diploma; or
                                    ``(II) another educational program 
                                from which the student is expected to 
                                receive a regular high school diploma or 
                                an alternate diploma that meets the 
                                requirements of subparagraph 
                                (A)(ii)(I)(bb).
                          ``(ii) Confirmation requirements.--
                                    ``(I) Documentation required.--The 
                                confirmation of a student's transfer to 
                                another school or educational program 
                                described in clause (i) requires 
                                documentation of such transfer from the 
                                receiving school or program in which the 
                                student enrolled.
                                    ``(II) Lack of confirmation.--A 
                                student who was enrolled in a high 
                                school, but for whom there is no 
                                confirmation of the student having 
                                transferred out, shall remain in the 
                                adjusted cohort.
                          ``(iii) Programs not providing credit.--Except 
                      as provided in subparagraph (A)(ii)(I)(bb), a 
                      student who is retained in grade or who is 
                      enrolled in a program leading to a general 
                      equivalency diploma, or other alternative 
                      educational program that does not issue or provide 
                      credit toward the issuance of a regular high 
                      school diploma, shall not be considered 
                      transferred out and shall remain in the adjusted 
                      cohort.
                    ``(D) Special rules.--
                          ``(i) Schools starting after grade 9.--For 
                      those high schools that start after grade 9, the 
                      original cohort shall be calculated for the 
                      earliest high school grade students attend no 
                      later than the date by which student membership 
                      data must be collected annually by State 
                      educational agencies for submission to the 
                      National Center for Education Statistics pursuant 
                      to section 153 of the Education Sciences Reform 
                      Act of 2002 (20 U.S.C. 9543).
                          ``(ii) Very small schools.--A State 
                      educational agency may calculate the four-year 
                      adjusted cohort

[[Page 129 STAT. 2095]]

                      graduation rate described under this paragraph for 
                      a high school with an average enrollment over a 4-
                      year period of less than 100 students for the 
                      purposes of section 1111(c)(4) by--
                                    ``(I) averaging the four-year 
                                adjusted cohort graduation rate of the 
                                school over a period of three years; or
                                    ``(II) establishing a minimum number 
                                of students that must be included in the 
                                cohort described in clause (i) of 
                                subparagraph (A) that will provide a 
                                valid graduation rate calculation as 
                                determined by the Secretary, below which 
                                the school shall be exempt from 
                                differentiation and identification under 
                                such section.'';
            (8) by inserting after paragraph (27) (as so redesignated by 
        paragraph (2)) the following:
            ``(28) High school.--The term `high school' means a 
        secondary school that--
                    ``(A) grants a diploma, as defined by the State; and
                    ``(B) includes, at least, grade 12.'';
            (9) in paragraph (30) (as so redesignated by paragraph (2)), 
        in subparagraph (C)--
                    (A) by striking the subparagraph designation and 
                heading and inserting ``(C) bureau of indian education 
                schools.--''; and
                    (B) by striking ``Affairs'' both places the term 
                appears and inserting ``Education'';
            (10) by inserting after paragraph (31) (as redesignated by 
        paragraph (2)) the following:
            ``(32) Middle grades.--The term middle grades means any of 
        grades 5 through 8.
            ``(33) Multi-tier system of supports.--The term `multi-tier 
        system of supports' means a comprehensive continuum of evidence-
        based, systemic practices to support a rapid response to 
        students' needs, with regular observation to facilitate data-
        based instructional decisionmaking.'';
            (11) in paragraph (35) (as so redesignated by paragraph 
        (2)), by striking ``pupil services'' and inserting ``specialized 
        instructional support'';
            (12) by striking paragraph (36) (as so redesignated by 
        paragraph (2)) and inserting the following:
            ``(36) Outlying area.--The term `outlying area'--
                    ``(A) means American Samoa, the Commonwealth of the 
                Northern Mariana Islands, Guam, and the United States 
                Virgin Islands;
                    ``(B) means the Republic of Palau, to the extent 
                permitted under section 105(f)(1)(B)(ix) of the Compact 
                of Free Association Amendments Act of 2003 (Public Law 
                108-188; 117 Stat. 2751) and until an agreement for the 
                extension of United States education assistance under 
                the Compact of Free Association becomes effective for 
                the Republic of Palau; and
                    ``(C) for the purpose of any discretionary grant 
                program under this Act, includes the Republic of the 
                Marshall Islands and the Federated States of Micronesia, 
                to the

[[Page 129 STAT. 2096]]

                extent permitted under section 105(f)(1)(B)(viii) of the 
                Compact of Free Association Amendments Act of 2003 
                (Public Law 108-188; 117 Stat. 2751).'';
            (13) by inserting after paragraph (36) (as so redesignated 
        by paragraph (2)), the following:
            ``(37) Paraprofessional.--The term `paraprofessional', also 
        known as a `paraeducator', includes an education assistant and 
        instructional assistant.'';
            (14) in paragraph (39) (as so redesignated by paragraph 
        (2))--
                    (A) in subparagraph (C), by inserting ``and'' after 
                the semicolon; and
                    (B) in subparagraph (D), by striking ``section 
                1118'' and inserting ``section 1116'';
            (15) by inserting after paragraph (39) (as so redesignated 
        by paragraph (2)) the following:
            ``(40) Pay for success initiative.--The term `pay for 
        success initiative' means a performance-based grant, contract, 
        or cooperative agreement awarded by a public entity in which a 
        commitment is made to pay for improved outcomes that result in 
        social benefit and direct cost savings or cost avoidance to the 
        public sector. Such an initiative shall include--
                    ``(A) a feasibility study on the initiative 
                describing how the proposed intervention is based on 
                evidence of effectiveness;
                    ``(B) a rigorous, third-party evaluation that uses 
                experimental or quasi-experimental design or other 
                research methodologies that allow for the strongest 
                possible causal inferences to determine whether the 
                initiative has met its proposed outcomes;
                    ``(C) an annual, publicly available report on the 
                progress of the initiative; and
                    ``(D) a requirement that payments are made to the 
                recipient of a grant, contract, or cooperative agreement 
                only when agreed upon outcomes are achieved, except that 
                the entity may make payments to the third party 
                conducting the evaluation described in subparagraph 
                (B).'';
            (16) by striking paragraph (42) (as so redesignated by 
        paragraph (2)) and inserting the following:
            ``(42) Professional development.--The term `professional 
        development' means activities that--
                    ``(A) are an integral part of school and local 
                educational agency strategies for providing educators 
                (including teachers, principals, other school leaders, 
                specialized instructional support personnel, 
                paraprofessionals, and, as applicable, early childhood 
                educators) with the knowledge and skills necessary to 
                enable students to succeed in a well-rounded education 
                and to meet the challenging State academic standards; 
                and
                    ``(B) are sustained (not stand-alone, 1-day, or 
                short term workshops), intensive, collaborative, job-
                embedded, data-driven, and classroom-focused, and may 
                include activities that--
                          ``(i) improve and increase teachers'--
                                    ``(I) knowledge of the academic 
                                subjects the teachers teach;
                                    ``(II) understanding of how students 
                                learn; and

[[Page 129 STAT. 2097]]

                                    ``(III) ability to analyze student 
                                work and achievement from multiple 
                                sources, including how to adjust 
                                instructional strategies, assessments, 
                                and materials based on such analysis;
                          ``(ii) are an integral part of broad 
                      schoolwide and districtwide educational 
                      improvement plans;
                          ``(iii) allow personalized plans for each 
                      educator to address the educator's specific needs 
                      identified in observation or other feedback;
                          ``(iv) improve classroom management skills;
                          ``(v) support the recruitment, hiring, and 
                      training of effective teachers, including teachers 
                      who became certified through State and local 
                      alternative routes to certification;
                          ``(vi) advance teacher understanding of--
                                    ``(I) effective instructional 
                                strategies that are evidence-based; and
                                    ``(II) strategies for improving 
                                student academic achievement or 
                                substantially increasing the knowledge 
                                and teaching skills of teachers;
                          ``(vii) are aligned with, and directly related 
                      to, academic goals of the school or local 
                      educational agency;
                          ``(viii) are developed with extensive 
                      participation of teachers, principals, other 
                      school leaders, parents, representatives of Indian 
                      tribes (as applicable), and administrators of 
                      schools to be served under this Act;
                          ``(ix) are designed to give teachers of 
                      English learners, and other teachers and 
                      instructional staff, the knowledge and skills to 
                      provide instruction and appropriate language and 
                      academic support services to those children, 
                      including the appropriate use of curricula and 
                      assessments;
                          ``(x) to the extent appropriate, provide 
                      training for teachers, principals, and other 
                      school leaders in the use of technology (including 
                      education about the harms of copyright piracy), so 
                      that technology and technology applications are 
                      effectively used in the classroom to improve 
                      teaching and learning in the curricula and 
                      academic subjects in which the teachers teach;
                          ``(xi) as a whole, are regularly evaluated for 
                      their impact on increased teacher effectiveness 
                      and improved student academic achievement, with 
                      the findings of the evaluations used to improve 
                      the quality of professional development;
                          ``(xii) are designed to give teachers of 
                      children with disabilities or children with 
                      developmental delays, and other teachers and 
                      instructional staff, the knowledge and skills to 
                      provide instruction and academic support services, 
                      to those children, including positive behavioral 
                      interventions and supports, multi-tier system of 
                      supports, and use of accommodations;
                          ``(xiii) include instruction in the use of 
                      data and assessments to inform and instruct 
                      classroom practice;

[[Page 129 STAT. 2098]]

                          ``(xiv) include instruction in ways that 
                      teachers, principals, other school leaders, 
                      specialized instructional support personnel, and 
                      school administrators may work more effectively 
                      with parents and families;
                          ``(xv) involve the forming of partnerships 
                      with institutions of higher education, including, 
                      as applicable, Tribal Colleges and Universities as 
                      defined in section 316(b) of the Higher Education 
                      Act of 1965 (20 U.S.C. 1059c(b)), to establish 
                      school-based teacher, principal, and other school 
                      leader training programs that provide prospective 
                      teachers, novice teachers, principals, and other 
                      school leaders with an opportunity to work under 
                      the guidance of experienced teachers, principals, 
                      other school leaders, and faculty of such 
                      institutions;
                          ``(xvi) create programs to enable 
                      paraprofessionals (assisting teachers employed by 
                      a local educational agency receiving assistance 
                      under part A of title I) to obtain the education 
                      necessary for those paraprofessionals to become 
                      certified and licensed teachers;
                          ``(xvii) provide follow-up training to 
                      teachers who have participated in activities 
                      described in this paragraph that are designed to 
                      ensure that the knowledge and skills learned by 
                      the teachers are implemented in the classroom; and
                          ``(xviii) where practicable, provide jointly 
                      for school staff and other early childhood 
                      education program providers, to address the 
                      transition to elementary school, including issues 
                      related to school readiness.'';
            (17) by inserting after paragraph (42) (as so redesignated 
        by paragraph (2)) the following:
            ``(43) Regular high school diploma.--The term `regular high 
        school diploma'--
                    ``(A) means the standard high school diploma awarded 
                to the preponderance of students in the State that is 
                fully aligned with State standards, or a higher diploma, 
                except that a regular high school diploma shall not be 
                aligned to the alternate academic achievement standards 
                described in section 1111(b)(1)(E); and
                    ``(B) does not include a recognized equivalent of a 
                diploma, such as a general equivalency diploma, 
                certificate of completion, certificate of attendance, or 
                similar lesser credential.
            ``(44) School leader.--The term `school leader' means a 
        principal, assistant principal, or other individual who is--
                    ``(A) an employee or officer of an elementary school 
                or secondary school, local educational agency, or other 
                entity operating an elementary school or secondary 
                school; and
                    ``(B) responsible for the daily instructional 
                leadership and managerial operations in the elementary 
                school or secondary school building.'';
            (18) by inserting after paragraph (46) (as so redesignated 
        by paragraph (2)) the following:
            ``(47) Specialized instructional support personnel; 
        specialized instructional support services.--

[[Page 129 STAT. 2099]]

                    ``(A) Specialized instructional support personnel.--
                The term `specialized instructional support personnel' 
                means--
                          ``(i) school counselors, school social 
                      workers, and school psychologists; and
                          ``(ii) other qualified professional personnel, 
                      such as school nurses, speech language 
                      pathologists, and school librarians, involved in 
                      providing assessment, diagnosis, counseling, 
                      educational, therapeutic, and other necessary 
                      services (including related services as that term 
                      is defined in section 602 of the Individuals with 
                      Disabilities Education Act (20 U.S.C. 1401)) as 
                      part of a comprehensive program to meet student 
                      needs.
                    ``(B) Specialized instructional support services.--
                The term `specialized instructional support services' 
                means the services provided by specialized instructional 
                support personnel.'';
            (19) by striking the undesignated paragraph between 
        paragraph (47) (as inserted by paragraph (18)) and paragraph 
        (49) (as so redesignated by paragraph (2)) and inserting the 
        following:
            ``(48) State.--The term `State' means each of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, and 
        each of the outlying areas.'';
            (20) by striking paragraph (50) (as so redesignated by 
        paragraph (2)) and inserting the following:
            ``(50) Technology.--The term `technology' means modern 
        information, computer and communication technology products, 
        services, or tools, including, the Internet and other 
        communications networks, computer devices and other computer and 
        communications hardware, software applications, data systems, 
        and other electronic content (including multimedia content) and 
        data storage.''; and
            (21) by adding at the end the following:
            ``(51) Universal design for learning.--The term `universal 
        design for learning' has the meaning given the term in section 
        103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
            ``(52) Well-rounded education.--The term `well-rounded 
        education' means courses, activities, and programming in 
        subjects such as English, reading or language arts, writing, 
        science, technology, engineering, mathematics, foreign 
        languages, civics and government, economics, arts, history, 
        geography, computer science, music, career and technical 
        education, health, physical education, and any other subject, as 
        determined by the State or local educational agency, with the 
        purpose of providing all students access to an enriched 
        curriculum and educational experience.''.
SEC. 8003. APPLICABILITY OF TITLE.

    Section 8102, as redesignated by section 8001 of this 
Act, <<NOTE: 20 USC 7802.>> is further amended by striking ``Parts B, C, 
D, and E of this title do not apply to title VIII'' and inserting 
``Parts B, C, D, E, and F of this title do not apply to title VII''.

[[Page 129 STAT. 2100]]

SEC. 8004. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED 
                          SCHOOLS.

    Section 8103, as redesignated by section 8001 of this 
Act, <<NOTE: 20 USC 7803.>> is amended--
            (1) in the section heading, by striking ``bureau of indian 
        affairs'' and inserting ``bureau of indian education''; and
            (2) by striking ``Bureau of Indian Affairs'' each place the 
        term appears and inserting ``Bureau of Indian Education''.
SEC. 8005. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR 
                          ELEMENTARY AND SECONDARY EDUCATION 
                          PROGRAMS.

    Section 8201(b)(2), as redesignated by section 8001 of 
this <<NOTE: 20 USC 7821.>>  Act, is amended--
            (1) in subparagraph (G), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (H), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(I) implementation of fiscal support teams that 
                provide technical fiscal support assistance, which shall 
                include evaluating fiscal, administrative, and staffing 
                functions, and any other key operational function.''.
SEC. 8006. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

    Section 8203, as redesignated by section 8001 of this 
Act, <<NOTE: 20 USC 7823.>> is amended--
            (1) in subsection (b), by striking ``Within 1 year after the 
        date of enactment of the No Child Left Behind Act of 2001, a 
        State'' and inserting ``A State''; and
            (2) by striking subsection (d) and inserting the following:

    ``(d) Uses of Administrative Funds.--
            ``(1) In general.--A local educational agency that 
        consolidates administrative funds under this section may use the 
        consolidated funds for the administration of the programs and 
        for uses, at the school district and school levels, comparable 
        to those described in section 8201(b)(2).
            ``(2) Fiscal support teams.--A local educational agency that 
        uses funds as described in section 8201(b)(2)(I) may contribute 
        State or local funds to expand the reach of such support without 
        violating any supplement, not supplant requirement of any 
        program contributing administrative funds.''.
SEC. 8007. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR 
                          FUNDS.

    Section 8204, as redesignated and amended by section 8001 of this 
Act, <<NOTE: 20 USC 7824.>> is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``part A of title 
                VII'' and inserting ``part A of title VI''; and
                    (B) in paragraph (2), by striking subparagraph (B) 
                and inserting the following:
                    ``(B) Contents.--The agreement shall--
                          ``(i) set forth the plans of the Secretary of 
                      the Interior for the use of the amount transferred 
                      and the achievement measures to assess program 
                      effectiveness, including program objectives; and
                          ``(ii) be developed in consultation with 
                      Indian tribes.''; and

[[Page 129 STAT. 2101]]

            (2) by adding at the end the following:

    ``(c) Accountability System.--
            ``(1) For the purposes of part A of title I, the Secretary 
        of Interior, in consultation with the Secretary, if the 
        Secretary of the Interior requests the consultation, using a 
        negotiated rulemaking process to develop regulations for 
        implementation no later than the 2017-2018 academic year, shall 
        define the standards, assessments, and accountability system 
        consistent with section 1111, for the schools funded by the 
        Bureau of Indian Education on a national, regional, or tribal 
        basis, as appropriate, taking into account the unique 
        circumstances and needs of such schools and the students served 
        by such schools.
            ``(2) The tribal governing body or school board of a school 
        funded by the Bureau of Indian Affairs may waive, in part or in 
        whole, the requirements established pursuant to paragraph (1) 
        where such requirements are determined by such body or school 
        board to be inappropriate. If such requirements are waived, the 
        tribal governing body or school board shall, within 60 days, 
        submit to the Secretary of Interior a proposal for alternative 
        standards, assessments, and an accountability system, if 
        applicable, consistent with section 1111, that takes into 
        account the unique circumstances and needs of such school or 
        schools and the students served. The Secretary of the Interior 
        and the Secretary shall approve such standards, assessments, and 
        accountability system unless the Secretary determines that the 
        standards, assessments, and accountability system do not meet 
        the requirements of section 1111, taking into account the unique 
        circumstances and needs of such school or schools and the 
        students served.
            ``(3) Technical assistance.--The Secretary of Interior and 
        the Secretary shall, either directly or through a contract, 
        provide technical assistance, upon request, to a tribal 
        governing body or school board of a school funded by the Bureau 
        of Indian Affairs that seeks a waiver under paragraph (2).''.
SEC. 8008. DEPARTMENT STAFF.

    Title VIII, as redesignated and amended by section 8001 of this Act, 
is further amended by adding after section 8204 the following:
``SEC. 8205. <<NOTE: 20 USC 7825.>> DEPARTMENT STAFF.

    ``The Secretary shall--
            ``(1) not later than 60 days after the date of enactment of 
        the Every Student Succeeds Act, identify the number of 
        Department full-time equivalent employees who worked on or 
        administered each education program or project authorized under 
        this Act, as such program or project was in effect on the day 
        before such date of enactment, and publish such information on 
        the Department's website;
            ``(2) not later than 60 days after such date of enactment, 
        identify the number of full-time equivalent employees who worked 
        on or administered each program or project authorized under this 
        Act, as such program or project was in effect on the day before 
        such date of enactment, that has been eliminated or consolidated 
        since such date of enactment;
            ``(3) not later than 1 year after such date of enactment, 
        reduce the workforce of the Department by the number of

[[Page 129 STAT. 2102]]

        full-time equivalent employees the Department identified under 
        paragraph (2); and
            ``(4) not later than 1 year after such date of enactment, 
        report to Congress on--
                    ``(A) the number of full-time equivalent employees 
                associated with each program or project authorized under 
                this Act and administered by the Department;
                    ``(B) the number of full-time equivalent employees 
                who were determined to be associated with eliminated or 
                consolidated programs or projects described in paragraph 
                (2);
                    ``(C) how the Secretary has reduced the number of 
                full-time equivalent employees as described in paragraph 
                (3);
                    ``(D) the average salary of the full-time equivalent 
                employees described in subparagraph (B) whose positions 
                were eliminated; and
                    ``(E) the average salary of the full-time equivalent 
                employees who work on or administer a program or project 
                authorized by the Department under this Act, 
                disaggregated by employee function within each such 
                program or project.''.
SEC. 8009. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.

    Section 8302(b)(1), <<NOTE: 20 USC 7842.>> as redesignated by 
section 8001 of this Act, is amended by striking ``nonprofit''.
SEC. 8010. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY 
                          ASSURANCES.

    Section 8304(a)(2), <<NOTE: 20 USC 7844.>> as redesignated by 
section 8001 of this Act, is amended by striking ``nonprofit'' and 
inserting ``eligible'' each place the term appears.
SEC. 8011. RURAL CONSOLIDATED PLAN.

    Section 8305, <<NOTE: 20 USC 7845.>> as redesignated and amended by 
section 8001 of this Act, is amended by adding at the end the following:

    ``(e) Rural Consolidated Plan.--
            ``(1) In general.--Two or more eligible local educational 
        agencies, a consortium of eligible local educational service 
        agencies, or an educational service agency on behalf of eligible 
        local educational agencies may submit plans or applications for 
        1 or more covered programs to the State educational agency on a 
        consolidated basis, if each eligible local educational agency 
        impacted elects to participate in the joint application or 
        elects to allow the educational service agency to apply on its 
        behalf.
            ``(2) Eligible local educational agency.--For the purposes 
        of this subsection, the term `eligible local educational agency' 
        means a local educational agency that is an eligible local 
        educational agency under part B of title V.''.
SEC. 8012. OTHER GENERAL ASSURANCES.

    Section 8306(a), <<NOTE: 20 USC 7846.>> as redesignated and amended 
by section 8001 of this Act, is further amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``whether separately or pursuant to section 8305,''; and
            (2) in paragraph (2), by striking ``nonprofit'' each place 
        it appears and inserting ``eligible''.

[[Page 129 STAT. 2103]]

SEC. 8013. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

    Section 8401, <<NOTE: 20 USC 7861.>> as redesignated by section 8001 
of this Act, is amended--
            (1) by striking subsection (a) and inserting the following:

    ``(a) In General.--
            ``(1) Request for waiver by state or indian tribe.--A State 
        educational agency or Indian tribe that receives funds under a 
        program authorized under this Act may submit a request to the 
        Secretary to waive any statutory or regulatory requirement of 
        this Act.
            ``(2) Local educational agency and school requests submitted 
        through the state.--
                    ``(A) Request for waiver by local educational 
                agency.--A local educational agency that receives funds 
                under a program authorized under this Act and desires a 
                waiver of any statutory or regulatory requirement of 
                this Act shall submit a request containing the 
                information described in subsection (b)(1) to the 
                appropriate State educational agency. The State 
                educational agency may then submit the request to the 
                Secretary if the State educational agency determines the 
                waiver appropriate.
                    ``(B) Request for waiver by school.--An elementary 
                school or secondary school that desires a waiver of any 
                statutory or regulatory requirement of this Act shall 
                submit a request containing the information described in 
                subsection (b)(1) to the local educational agency 
                serving the school. The local educational agency may 
                then submit the request to the State educational agency 
                in accordance with subparagraph (A) if the local 
                educational agency determines the waiver appropriate.
            ``(3) Receipt of waiver.--Except as provided in subsection 
        (b)(4) or (c), the Secretary may waive any statutory or 
        regulatory requirement of this Act for which a waiver request is 
        submitted to the Secretary pursuant to this subsection.'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A)--
                                    (I) by striking ``, local 
                                educational agency,'' and inserting ``, 
                                acting on its own behalf or on behalf of 
                                a local educational agency in accordance 
                                with subsection (a)(2),''; and
                                    (II) by inserting ``, which shall 
                                include a plan'' after ``to the 
                                Secretary'';
                          (ii) by redesignating subparagraph (E) as 
                      subparagraph (F);
                          (iii) by striking subparagraphs (B), (C), and 
                      (D) and inserting the following:
                    ``(B) describes which Federal statutory or 
                regulatory requirements are to be waived;
                    ``(C) describes how the waiving of such requirements 
                will advance student academic achievement;
                    ``(D) describes the methods the State educational 
                agency, local educational agency, school, or Indian 
                tribe will use to monitor and regularly evaluate the 
                effectiveness of the implementation of the plan;

[[Page 129 STAT. 2104]]

                    ``(E) includes only information directly related to 
                the waiver request; and''; and
                          (iv) in subparagraph (F), as redesignated by 
                      clause (ii), by inserting ``and, if the waiver 
                      relates to provisions of subsections (b) or (h) of 
                      section 1111, describes how the State educational 
                      agency, local educational agency, school, or 
                      Indian tribe will maintain or improve transparency 
                      in reporting to parents and the public on student 
                      achievement and school performance, including the 
                      achievement of the subgroups of students 
                      identified in section 1111(b)(2)(B)(xi)'' after 
                      ``waivers are requested'';
                    (B) in paragraph (2)(B)(i)(II), by striking ``(on 
                behalf of, and based on the requests of, local 
                educational agencies)'' and inserting ``(on behalf of 
                those agencies or on behalf of, and based on the 
                requests of, local educational agencies in the State)'';
                    (C) in paragraph (3)--
                          (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by inserting ``or on behalf of 
                                local educational agencies in the State 
                                under subsection (a)(2),'' after 
                                ``acting on its own behalf,''; and
                                    (II) by striking clauses (i) through 
                                (iii) and inserting the following:
                          ``(i) provide the public and any interested 
                      local educational agency in the State with notice 
                      and a reasonable opportunity to comment and 
                      provide input on the request, to the extent that 
                      the request impacts the local educational agency;
                          ``(ii) submit the comments and input to the 
                      Secretary, with a description of how the State 
                      addressed the comments and input; and
                          ``(iii) provide notice and a reasonable time 
                      to comment to the public and local educational 
                      agencies in the manner in which the applying 
                      agency customarily provides similar notice and 
                      opportunity to comment to the public.''; and
                          (ii) in subparagraph (B), by striking clauses 
                      (i) and (ii) and inserting the following:
                          ``(i) the request shall be reviewed and 
                      approved by the State educational agency in 
                      accordance with subsection (a)(2) before being 
                      submitted to the Secretary and be accompanied by 
                      the comments, if any, of the State educational 
                      agency and the public; and
                          ``(ii) notice and a reasonable opportunity to 
                      comment regarding the waiver request shall be 
                      provided to the State educational agency and the 
                      public by the agency requesting the waiver in the 
                      manner in which that agency customarily provides 
                      similar notice and opportunity to comment to the 
                      public.''.
                    (D) by adding at the end the following:
            ``(4) Waiver determination, demonstration, and revision.--
                    ``(A) In general.--The Secretary shall issue a 
                written determination regarding the initial approval or 
                disapproval of a waiver request not more than 120 days 
                after the

[[Page 129 STAT. 2105]]

                date on which such request is submitted. Initial 
                disapproval of such request shall be based on the 
                determination of the Secretary that--
                          ``(i) the waiver request does not meet the 
                      requirements of this section;
                          ``(ii) the waiver is not permitted under 
                      subsection (c);
                          ``(iii) the description required under 
                      paragraph (1)(C) in the plan provides insufficient 
                      information to demonstrate that the waiving of 
                      such requirements will advance student academic 
                      achievement consistent with the purposes of this 
                      Act; or
                          ``(iv) the waiver request does not provide for 
                      adequate evaluation to ensure review and 
                      continuous improvement of the plan.
                    ``(B) Waiver determination and revision.--Upon the 
                initial determination of disapproval under subparagraph 
                (A), the Secretary shall--
                          ``(i) immediately--
                                    ``(I) notify the State educational 
                                agency, local educational agency 
                                (through the State educational agency), 
                                school (through the local educational 
                                agency), or Indian tribe, as applicable, 
                                of such determination; and
                                    ``(II) provide detailed reasons for 
                                such determination in writing to the 
                                applicable entity under subclause (I) to 
                                the public, such as posting in a clear 
                                and easily accessible format to the 
                                Department's website;
                          ``(ii) offer the State educational agency, 
                      local educational agency (through the State 
                      educational agency), school (through the local 
                      educational agency), or Indian tribe an 
                      opportunity to revise and resubmit the waiver 
                      request by a date that is not more than 60 days 
                      after the date of such determination; and
                          ``(iii) if the Secretary determines that the 
                      resubmission under clause (ii) does not meet the 
                      requirements of this section, at the request of 
                      the State educational agency, local educational 
                      agency, school, or Indian tribe, conduct a hearing 
                      not more than 30 days after the date of such 
                      resubmission.
                    ``(C) Waiver disapproval.--The Secretary may 
                ultimately disapprove a waiver request if--
                          ``(i) the State educational agency, local 
                      educational agency, school, or Indian tribe has 
                      been notified and offered an opportunity to revise 
                      and resubmit the waiver request, as described 
                      under clauses (i) and (ii) of subparagraph (B); 
                      and
                          ``(ii) the State educational agency, local 
                      educational agency (through the State educational 
                      agency), school (through the local educational 
                      agency), or Indian tribe--
                                    ``(I) does not revise and resubmit 
                                the waiver request; or
                                    ``(II) revises and resubmits the 
                                waiver request, and the Secretary 
                                determines that such waiver request does 
                                not meet the requirements of this

[[Page 129 STAT. 2106]]

                                section after a hearing conducted under 
                                subparagraph (B)(iii), if such a hearing 
                                is requested.
                    ``(D) External conditions.--The Secretary shall not 
                disapprove a waiver request under this section based on 
                conditions outside the scope of the waiver request.'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by inserting ``, Indian 
                tribes'' after ``local educational agencies'';
                    (B) in paragraph (8), by striking ``subpart 1 of 
                part B of title V'' and inserting ``part C of title 
                IV''; and
                    (C) by striking paragraph (9) and inserting the 
                following:
            ``(9) the prohibitions--
                    ``(A) in subpart 2 of part F;
                    ``(B) regarding use of funds for religious worship 
                or instruction in section 8505; and
                    ``(C) regarding activities in section 8526; or'';
            (4) in subsection (d)--
                    (A) in the subsection heading, by adding ``; 
                Limitations'' after ``Waiver'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``Secretary determines'' 
                and inserting ``State demonstrates''; and
                    (C) by adding at the end the following:
            ``(3) Specific limitations.--The Secretary shall not require 
        a State educational agency, local educational agency, school, or 
        Indian tribe, as a condition of approval of a waiver request, 
        to--
                    ``(A) include in, or delete from, such request, 
                specific academic standards, such as the Common Core 
                State Standards developed under the Common Core State 
                Standards Initiative or any other standards common to a 
                significant number of States;
                    ``(B) use specific academic assessment instruments 
                or items, including assessments aligned to the standards 
                described in subparagraph (A); or
                    ``(C) include in, or delete from, such waiver 
                request any specific elements of--
                          ``(i) State academic standards;
                          ``(ii) academic assessments;
                          ``(iii) State accountability systems; or
                          ``(iv) teacher and school leader evaluation 
                      systems.'';
            (5) by striking subsection (e) and inserting the following:

    ``(e) Reports.--A State educational agency, local educational 
agency, school, or Indian tribe receiving a waiver under this section 
shall describe, as part of, and pursuant to, the required annual 
reporting under section 1111(h)--
            ``(1) the progress of schools covered under the provisions 
        of such waiver toward improving student academic achievement; 
        and
            ``(2) how the use of the waiver has contributed to such 
        progress.''; and
            (6) in subsection (f), by striking ``if the Secretary 
        determines'' and all that follows through the period at the end 
        and inserting the following: ``if, after notice and an 
        opportunity for a hearing, the Secretary--

[[Page 129 STAT. 2107]]

                    ``(A) presents a rationale and supporting 
                information that clearly demonstrates that the waiver is 
                not contributing to the progress of schools described in 
                subsection (e)(1); or
                    ``(B) determines that the waiver is no longer 
                necessary to achieve its original purposes.''.
SEC. 8014. APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL 
                          APPLICATIONS.

    Title VIII, as amended and redesignated by section 8001 of this Act, 
is further amended by inserting after section 8401 the following:

``PART E--APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL APPLICATIONS

``SEC. 8451. <<NOTE: 20 USC 7871.>> APPROVAL AND DISAPPROVAL OF 
                          STATE PLANS.

    ``(a) Approval.--A plan submitted by a State pursuant to section 
2101(d), 4103(c), 4203, or 8302 shall be approved by the Secretary 
unless the Secretary makes a written determination (which shall include 
the supporting information and rationale supporting such determination), 
prior to the expiration of the 120-day period beginning on the date on 
which the Secretary received the plan, that the plan is not in 
compliance with section 2101(d), 4103(c), or 4203, or part C, 
respectively.
    ``(b) Disapproval Process.--
            ``(1) In general.--The Secretary shall not finally 
        disapprove a plan submitted under section 2101(d), 4103(c), 
        4203, or 8302, except after giving the State educational agency 
        notice and an opportunity for a hearing.
            ``(2) Notifications.--If the Secretary finds that the plan 
        is not in compliance, in whole or in part, with section 2101(d), 
        4103(c), or 4203, or part C, as applicable, the Secretary 
        shall--
                    ``(A) immediately notify the State of such 
                determination;
                    ``(B) provide a detailed description of the specific 
                provisions of the plan that the Secretary determines 
                fail to meet the requirements, in whole or in part, of 
                such section or part, as applicable;
                    ``(C) offer the State an opportunity to revise and 
                resubmit its plan within 45 days of such determination, 
                including the chance for the State to present supporting 
                information to clearly demonstrate that the State plan 
                meets the requirements of such section or part, as 
                applicable;
                    ``(D) provide technical assistance, upon request of 
                the State, in order to assist the State to meet the 
                requirements of such section or part, as applicable;
                    ``(E) conduct a hearing within 30 days of the plan's 
                resubmission under subparagraph (C), unless a State 
                declines the opportunity for such hearing; and
                    ``(F) request additional information, only as to the 
                noncompliant provisions, needed to make the plan 
                compliant.
            ``(3) Response.--If the State educational agency responds to 
        the Secretary's notification described in paragraph (2)(A) prior 
        to the expiration of the 45-day period beginning on the date on 
        which the State educational agency received the

[[Page 129 STAT. 2108]]

        notification, and resubmits the plan as described in paragraph 
        (2)(C), the Secretary shall approve such plan unless the 
        Secretary determines the plan does not meet the requirements of 
        section 2101(d), 4103(c), or 4203, or part C, as applicable.
            ``(4) Failure to respond.--If the State educational agency 
        does not respond to the Secretary's notification described in 
        paragraph (2)(A) prior to the expiration of the 45-day period 
        beginning on the date on which the State educational agency 
        received the notification, such plan shall be deemed to be 
        disapproved.

    ``(c) Limitation.--A plan submitted under section 2101(d), 4103(c), 
4203, or 8302 shall not be approved or disapproved based upon the nature 
of the activities proposed within such plan if such proposed activities 
meet the applicable program requirements.
    ``(d) Peer-review Requirements.--Notwithstanding any other 
requirements of this part, the Secretary shall ensure that any portion 
of a consolidated State plan that is related to part A of title I is 
subject to the peer-review process described in section 1111(a)(4).
``SEC. 8452. <<NOTE: 20 USC 7872.>> APPROVAL AND DISAPPROVAL OF 
                          LOCAL EDUCATIONAL AGENCY APPLICATIONS.

    ``(a) Approval.--An application submitted by a local educational 
agency pursuant to section 2102(b), 4106, 4204(b) or 8305, shall be 
approved by the State educational agency unless the State educational 
agency makes a written determination (which shall include the supporting 
information and rationale for such determination), prior to the 
expiration of the 120-day period beginning on the date on which the 
State educational agency received the application, that the application 
is not in compliance with section 2102(b), 4106, or 4204(b), or part C, 
respectively.
    ``(b) Disapproval Process.--
            ``(1) In general.--The State educational agency shall not 
        finally disapprove an application submitted under section 
        2102(b), 4106, 4204(b) or 8305 except after giving the local 
        educational agency notice and opportunity for a hearing.
            ``(2) Notifications.--If the State educational agency finds 
        that the application submitted under section 2102(b), 4106, 
        4204(b) or 8305 is not in compliance, in whole or in part, with 
        section 2102(b), 4106, or 4204(b), or part C, respectively, the 
        State educational agency shall--
                    ``(A) immediately notify the local educational 
                agency of such determination;
                    ``(B) provide a detailed description of the specific 
                provisions of the application that the State determines 
                fail to meet the requirements, in whole or in part, of 
                such section or part, as applicable;
                    ``(C) offer the local educational agency an 
                opportunity to revise and resubmit its application 
                within 45 days of such determination, including the 
                chance for the local educational agency to present 
                supporting information to clearly demonstrate that the 
                application meets the requirements of such section or 
                part;
                    ``(D) provide technical assistance, upon request of 
                the local educational agency, in order to assist the 
                local educational agency to meet the requirements of 
                such section or part, as applicable;

[[Page 129 STAT. 2109]]

                    ``(E) conduct a hearing within 30 days of the 
                application's resubmission under subparagraph (C), 
                unless a local educational agency declines the 
                opportunity for such a hearing; and
                    ``(F) request additional information, only as to the 
                noncompliant provisions, needed to make the application 
                compliant.
            ``(3) Response.--If the local educational agency responds to 
        the State educational agency's notification described in 
        paragraph (2)(A) prior to the expiration of the 45-day period 
        beginning on the date on which the local educational agency 
        received the notification, and resubmits the application as 
        described in paragraph (2)(C), the State educational agency 
        shall approve such application unless the State educational 
        agency determines the application does not meet the requirements 
        of this part.
            ``(4) Failure to respond.--If the local educational agency 
        does not respond to the State educational agency's notification 
        described in paragraph (2)(A) prior to the expiration of the 45-
        day period beginning on the date on which the local educational 
        agency received the notification, such application shall be 
        deemed to be disapproved.''.
SEC. 8015. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.

    Section 8501, <<NOTE: 20 USC 7881.>> as redesignated by section 8001 
of this Act, is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) Special rule.--
                    ``(A) In general.--Educational services and other 
                benefits provided under this section for private school 
                children, teachers, and other educational personnel 
                shall be equitable in comparison to services and other 
                benefits for public school children, teachers, and other 
                educational personnel participating in the program and 
                shall be provided in a timely manner.
                    ``(B) Ombudsman.--To help ensure equitable services 
                are provided to private school children, teachers, and 
                other educational personnel under this section, the 
                State educational agency involved shall direct the 
                ombudsman designated by the agency under section 1117 to 
                monitor and enforce the requirements of this section.''; 
                and
                    (B) by striking paragraph (4) and inserting the 
                following:
            ``(4) Expenditures.--
                    ``(A) In general.--Expenditures for educational 
                services and other benefits provided under this section 
                for eligible private school children, their teachers, 
                and other educational personnel serving those children 
                shall be equal, taking into account the number and 
                educational needs of the children to be served, to the 
                expenditures for participating public school children.
                    ``(B) Obligation of funds.--Funds allocated to a 
                local educational agency for educational services and 
                other benefits to eligible private school children shall 
                be obligated

[[Page 129 STAT. 2110]]

                in the fiscal year for which the funds are received by 
                the agency.
                    ``(C) Notice of allocation.--Each State educational 
                agency shall provide notice in a timely manner to the 
                appropriate private school officials in the State of the 
                allocation of funds for educational services and other 
                benefits under this subpart that the local educational 
                agencies have determined are available for eligible 
                private school children.''.
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking subparagraphs (A) 
                through (H) and inserting the following:
                    ``(A) part C of title I;
                    ``(B) part A of title II;
                    ``(C) part A of title III;
                    ``(D) part A of title IV; and
                    ``(E) part B of title IV.''; and
                    (B) by striking paragraph (3); and
            (3) in subsection (c)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``To ensure'' and all that follows through 
                ``such as'' and inserting ``To ensure timely and 
                meaningful consultation, a State educational agency, 
                local educational agency, educational service agency, 
                consortium of those agencies, or entity shall consult 
                with appropriate private school officials. Such agency 
                and private school officials shall both have the goal of 
                reaching agreement on how to provide equitable and 
                effective programs for eligible private school children, 
                on issues such as'';
                    (B) in paragraph (1)--
                          (i) in subparagraph (E)--
                                    (I) by striking ``and the amount'' 
                                and inserting ``, the amount''; and
                                    (II) by striking ``services; and'' 
                                and inserting ``services, and how that 
                                amount is determined;'';
                          (ii) in subparagraph (F)--
                                    (I) by striking ``contract'' after 
                                ``provision of''; and
                                    (II) by striking the period at the 
                                end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                    ``(G) whether the agency, consortium, or entity 
                shall provide services directly or through a separate 
                government agency, consortium, or entity, or through a 
                third-party contractor; and
                    ``(H) whether to provide equitable services to 
                eligible private school children--
                          ``(i) by creating a pool or pools of funds 
                      with all of the funds allocated under subsection 
                      (a)(4)(C) based on all the children from low-
                      income families in a participating school 
                      attendance area who attend private schools; or
                          ``(ii) in the agency's participating school 
                      attendance area who attend private schools with 
                      the proportion of funds allocated under subsection 
                      (a)(4)(C) based on the number of children from 
                      low-income families who attend private schools.''; 
                      and

[[Page 129 STAT. 2111]]

            (4) by adding at the end the following:
            ``(5) Documentation.--Each local educational agency shall 
        maintain in the agency's records, and provide to the State 
        educational agency involved, a written affirmation signed by 
        officials of each participating private school that the 
        meaningful consultation required by this section has occurred. 
        The written affirmation shall provide the option for private 
        school officials to indicate such officials' belief that timely 
        and meaningful consultation has not occurred or that the program 
        design is not equitable with respect to eligible private school 
        children. If such officials do not provide such affirmation 
        within a reasonable period of time, the local educational agency 
        shall forward the documentation that such consultation has, or 
        attempts at such consultation have, taken place to the State 
        educational agency.
            ``(6) Compliance.--
                    ``(A) In general.--If the consultation required 
                under this section is with a local educational agency or 
                educational service agency, a private school official 
                shall have the right to file a complaint with the State 
                educational agency that the consultation required under 
                this section was not meaningful and timely, did not give 
                due consideration to the views of the private school 
                official, or did not make a decision that treats the 
                private school or its students equitably as required by 
                this section.
                    ``(B) Procedure.--If the private school official 
                wishes to file a complaint, the private school official 
                shall provide the basis of the noncompliance and all 
                parties shall provide the appropriate documentation to 
                the appropriate officials.
                    ``(C) Services.--A State educational agency shall 
                provide services under this section directly or through 
                contracts with public and private agencies, 
                organizations, and institutions, if the appropriate 
                private school officials have--
                          ``(i) requested that the State educational 
                      agency provide such services directly; and
                          ``(ii) demonstrated that the local educational 
                      agency involved has not met the requirements of 
                      this section in accordance with the procedures for 
                      making such a request, as prescribed by the State 
                      educational agency.''.
SEC. 8016. STANDARDS FOR BY-PASS.

    Section 8502(a)(2), <<NOTE: 20 USC 7882.>> as redesignated and 
amended by section 8001 of this Act, is further amended by striking 
``9503, and 9504'' and inserting ``8503, and 8504''.
SEC. 8017. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL 
                          CHILDREN.

    Section 8503, <<NOTE: 20 USC 7883.>> as redesignated and amended by 
section 8001 of this Act, is further amended by striking subsections (a) 
and (b) and inserting the following:

    ``(a) Procedures for Complaints.--The Secretary shall develop and 
implement written procedures for receiving, investigating, and resolving 
complaints from parents, teachers, or other individuals and 
organizations concerning violations of section 8501 by a State 
educational agency, local educational agency, educational

[[Page 129 STAT. 2112]]

service agency, consortium of those agencies, or entity. The individual 
or organization shall submit the complaint to the State educational 
agency for a written resolution by the State educational agency within 
45 days.
    ``(b) Appeals to Secretary.--The resolution may be appealed by an 
interested party to the Secretary not later than 30 days after the State 
educational agency resolves the complaint or fails to resolve the 
complaint within the 45-day time limit. The appeal shall be accompanied 
by a copy of the State educational agency's resolution, and, if there is 
one, a complete statement of the reasons supporting the appeal. The 
Secretary shall investigate and resolve the appeal not later than 90 
days after receipt of the appeal.''.
SEC. 8018. BY-PASS DETERMINATION PROCESS.

    Section 8504(a)(1)(A), <<NOTE: 20 USC 7884.>> as redesignated by 
section 8001 of this Act, is amended by striking ``9502'' and inserting 
``8502''.
SEC. 8019. MAINTENANCE OF EFFORT.

    Section 8521, <<NOTE: 20 USC 7901.>> as redesignated by section 8001 
of this Act, is amended--
            (1) in subsection (a), by inserting ``, subject to the 
        requirements of subsection (b)'' after ``for the second 
        preceding fiscal year'';
            (2) in subsection (b)(1), by inserting before the period at 
        the end the following: ``, if such local educational agency has 
        also failed to meet such requirement (as determined using the 
        measure most favorable to the local agency) for 1 or more of the 
        5 immediately preceding fiscal years''; and
            (3) in subsection (c)(1), by inserting ``or a change in the 
        organizational structure of the local educational agency'' after 
        ``, such as a natural disaster''.
SEC. 8020. PROHIBITION REGARDING STATE AID.

    Section 8522, <<NOTE: 20 USC 7902.>> as redesignated by section 8001 
of this Act, is amended by striking ``title VIII'' and inserting ``title 
VII''.
SEC. 8021. SCHOOL PRAYER.

    Section 8524(a), <<NOTE: 20 USC 7904.>> as redesignated by section 
8001 of this Act, is amended by striking ``on the Internet'' and 
inserting ``by electronic means, including by posting the guidance on 
the Department's website in a clear and easily accessible manner''.
SEC. 8022. PROHIBITED USES OF FUNDS.

    Section 8526, <<NOTE: 20 USC 7906.>> as redesignated by section 8001 
of this Act, is amended--
            (1) by striking the section heading and inserting 
        ``prohibited uses of funds'';
            (2) in subsection (a)--
                    (A) by redesignating paragraphs (1) through (4) as 
                paragraphs (3) through (6), respectively; and
                    (B) by inserting before paragraph (3) (as 
                redesignated by subparagraph (A)) the following:
            ``(1) for construction, renovation, or repair of any school 
        facility, except as authorized under this Act;
            ``(2) for transportation unless otherwise authorized under 
        this Act;'';

[[Page 129 STAT. 2113]]

            (3) by striking ``(a)Prohibition.--None of the funds 
        authorized under this Act shall be used'' and inserting ``No 
        funds under this Act may be used''; and
            (4) by striking subsection (b).
SEC. 8023. PROHIBITIONS.

    Title VIII, as redesignated and amended by section 8001 of this Act, 
is further amended by inserting after section 8526 the following:
``SEC. 8526A. <<NOTE: 20 USC 7906a.>> PROHIBITION AGAINST FEDERAL 
                            MANDATES, DIRECTION, OR CONTROL.

    ``(a) In General.--No officer or employee of the Federal Government 
shall, through grants, contracts, or other cooperative agreements, 
mandate, direct, or control a State, local educational agency, or 
school's specific instructional content, academic standards and 
assessments, curricula, or program of instruction developed and 
implemented to meet the requirements of this Act (including any 
requirement, direction, or mandate to adopt the Common Core State 
Standards developed under the Common Core State Standards Initiative, 
any other academic standards common to a significant number of States, 
or any assessment, instructional content, or curriculum aligned to such 
standards), nor shall anything in this Act be construed to authorize 
such officer or employee to do so.
    ``(b) Financial Support.--No officer or employee of the Federal 
Government shall condition or incentivize the receipt of any grant, 
contract, or cooperative agreement, the receipt of any priority or 
preference under such grant, contract, or cooperative agreement, or the 
receipt of a waiver under section 8401 upon a State, local educational 
agency, or school's adoption or implementation of specific instructional 
content, academic standards and assessments, curricula, or program of 
instruction developed and implemented to meet the requirements of this 
Act (including any condition, priority, or preference to adopt the 
Common Core State Standards developed under the Common Core State 
Standards Initiative, any other academic standards common to a 
significant number of States, or any assessment, instructional content, 
or curriculum aligned to such standards).''.
SEC. 8024. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL 
                          FUNDS.

    Section 8527, <<NOTE: 20 USC 7907.>> as redesignated by section 8001 
of this Act, is amended to read as follows:
``SEC. 8527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL 
                          FUNDS.

    ``(a) General Prohibition.--Nothing in this Act shall be construed 
to authorize an officer or employee of the Federal Government, including 
through a grant, contract, or cooperative agreement, to mandate, direct, 
or control a State, local educational agency, or school's curriculum, 
program of instruction, or allocation of State or local resources, or 
mandate a State or any subdivision thereof to spend any funds or incur 
any costs not paid for under this Act.
    ``(b) Prohibition on Endorsement of Curriculum.--Notwithstanding any 
other provision of Federal law, no funds provided to the Department 
under this Act may be used by the Department,

[[Page 129 STAT. 2114]]

whether through a grant, contract, or cooperative agreement, to endorse, 
approve, develop, require, or sanction any curriculum, including any 
curriculum aligned to the Common Core State Standards developed under 
the Common Core State Standards Initiative or any other academic 
standards common to a significant number of States, designed to be used 
in an elementary school or secondary school.
    ``(c) Local Control.--Nothing in this section shall be construed 
to--
            ``(1) authorize an officer or employee of the Federal 
        Government, whether through a grant, contract, or cooperative 
        agreement to mandate, direct, review, or control a State, local 
        educational agency, or school's instructional content, 
        curriculum, and related activities;
            ``(2) limit the application of the General Education 
        Provisions Act (20 U.S.C. 1221 et seq.);
            ``(3) require the distribution of scientifically or 
        medically false or inaccurate materials or to prohibit the 
        distribution of scientifically or medically true or accurate 
        materials; or
            ``(4) create any legally enforceable right.

    ``(d) Prohibition on Requiring Federal Approval or Certification of 
Standards.--
            ``(1) In general.--Notwithstanding any other provision of 
        Federal law, no State shall be required to have academic 
        standards approved or certified by the Federal Government, in 
        order to receive assistance under this Act.
            ``(2) Rule of construction.--Nothing in this Act shall be 
        construed to prohibit a State, local educational agency, or 
        school from using funds provided under this Act for the 
        development or implementation of any instructional content, 
        academic standards, academic assessments, curriculum, or program 
        of instruction that a State, local educational agency, or school 
        chooses, as permitted under State and local law, as long as the 
        use of such funds is consistent with the terms of the grant, 
        contract, or cooperative agreement providing such funds.
            ``(3) Building standards.--Nothing in this Act shall be 
        construed to mandate national school building standards for a 
        State, local educational agency, or school.''.
SEC. 8025. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT 
                          RECRUITING INFORMATION.

    Section 8528, <<NOTE: 20 USC 7908.>> as redesignated by section 8001 
of this Act, is amended by striking subsections (a) through (d) and 
inserting the following:

    ``(a) Policy.--
            ``(1) Access to student recruiting information.--
        Notwithstanding section 444(a)(5)(B) of the General Education 
        Provisions Act (20 U.S.C. 1232g(a)(5)(B)), each local 
        educational agency receiving assistance under this Act shall 
        provide, upon a request made by a military recruiter or an 
        institution of higher education, access to the name, address, 
        and telephone listing of each secondary school student served by 
        the local educational agency, unless the parent of such student 
        has submitted the prior consent request under paragraph (2).
            ``(2) Consent.--

[[Page 129 STAT. 2115]]

                    ``(A) Opt-out process.--A parent of a secondary 
                school student may submit a written request, to the 
                local educational agency, that the student's name, 
                address, and telephone listing not be released for 
                purposes of paragraph (1) without prior written consent 
                of the parent. Upon receiving such request, the local 
                educational agency may not release the student's name, 
                address, and telephone listing for such purposes without 
                the prior written consent of the parent.
                    ``(B) Notification of opt-out process.--Each local 
                educational agency shall notify the parents of the 
                students served by the agency of the option to make a 
                request described in subparagraph (A).
            ``(3) Same access to students.--Each local educational 
        agency receiving assistance under this Act shall provide 
        military recruiters the same access to secondary school students 
        as is provided to institutions of higher education or to 
        prospective employers of those students.
            ``(4) Rule of construction prohibiting opt-in processes.--
        Nothing in this subsection shall be construed to allow a local 
        educational agency to withhold access to a student's name, 
        address, and telephone listing from a military recruiter or 
        institution of higher education by implementing an opt-in 
        process or any other process other than the written consent 
        request process under paragraph (2)(A).
            ``(5) Parental consent.--For purposes of this subsection, 
        whenever a student has attained 18 years of age, the permission 
        or consent required of and the rights accorded to the parents of 
        the student shall only be required of and accorded to the 
        student.

    ``(b) Notification.--The Secretary, in consultation with the 
Secretary of Defense, shall, not later than 120 days after the date of 
the enactment of the Every Student Succeeds Act, notify school leaders, 
school administrators, and other educators about the requirements of 
this section.
    ``(c) Exception.--The requirements of this section do not apply to a 
private secondary school that maintains a religious objection to service 
in the Armed Forces if the objection is verifiable through the corporate 
or other organizational documents or materials of that school.''.
SEC. 8026. PROHIBITION ON FEDERALLY SPONSORED TESTING.

    Section 8529, <<NOTE: 20 USC 7909.>> as redesignated by section 8001 
of this Act, is amended to read as follows:
``SEC. 8529. PROHIBITION ON FEDERALLY SPONSORED TESTING.

    ``(a) General Prohibition.--Notwithstanding any other provision of 
Federal law and except as provided in subsection (b), no funds provided 
under this Act to the Secretary or to the recipient of any award may be 
used to develop, incentivize, pilot test, field test, implement, 
administer, or distribute any federally sponsored national test in 
reading, mathematics, or any other subject, unless specifically and 
explicitly authorized by law, including any assessment or testing 
materials aligned to the Common Core State Standards developed under the 
Common Core State Standards Initiative or any other academic standards 
common to a significant number of States.

[[Page 129 STAT. 2116]]

    ``(b) Exceptions.--Subsection (a) shall not apply to international 
comparative assessments developed under the authority of section 
153(a)(6) of the Education Sciences Reform Act of 2002 (20 U.S.C. 
9543(a)(6)) and administered to only a representative sample of pupils 
in the United States and in foreign nations.''.
SEC. 8027. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR 
                          TEACHERS, PRINCIPALS, OR OTHER SCHOOL 
                          LEADERS.

    Section 8530, <<NOTE: 20 USC 7910.>> as redesignated by section 8001 
of this Act, is amended--
            (1) in the section heading, by inserting ``, principals, or 
        other school leaders'' after ``teachers'';
            (2) in the subsection heading, by inserting ``, Principals, 
        or Other School Leaders'' after ``Teachers''; and
            (3) in subsection (a)--
                    (A) by inserting ``, principals, other school 
                leaders,'' after ``teachers''; and
                    (B) by inserting ``, or incentive regarding,'' after 
                ``administration of''.
SEC. 8028. PROHIBITION ON REQUIRING STATE PARTICIPATION.

    Title VIII, as redesignated and amended by section 8001 of this Act, 
is further amended by inserting after section 8530 the following:
``SEC. 8530A. <<NOTE: 20 USC 7910a.>> PROHIBITION ON REQUIRING 
                            STATE PARTICIPATION.

    ``Any State that opts out of receiving funds, or that has not been 
awarded funds, under one or more programs under this Act shall not be 
required to carry out any of the requirements of such program or 
programs, and nothing in this Act shall be construed to require a State 
to participate in any program under this Act.''.
SEC. 8029. CIVIL RIGHTS.

    Section 8534(b), <<NOTE: 20 USC 7914.>> as redesignated by section 
8001 of this Act, is amended--
            (1) by striking ``as defined in section 1116 of title I and 
        part B of title V'' and inserting ``as defined in section 
        1111(d) of title I and part C of title IV''; and
            (2) by striking ``grant under section 1116 of title I or 
        part B of title V'' and inserting ``grant under section 1111(d) 
        of title I or part C of title IV''.
SEC. 8030. CONSULTATION WITH INDIAN TRIBES AND TRIBAL 
                          ORGANIZATIONS.

    Subpart 2 of part F of title VIII, as amended and redesignated by 
section 8001 of this Act, is further amended by adding at the end the 
following:
``SEC. 8538. <<NOTE: 20 USC 7918.>> CONSULTATION WITH INDIAN 
                          TRIBES AND TRIBAL ORGANIZATIONS.

    ``(a) In General.--To ensure timely and meaningful consultation on 
issues affecting American Indian and Alaska Native students, an affected 
local educational agency shall consult with appropriate officials from 
Indian tribes or tribal organizations approved by the tribes located in 
the area served by the local educational agency prior to the affected 
local educational agency's submission of a required plan or application 
for a covered program under

[[Page 129 STAT. 2117]]

this Act or for a program under title VI of this Act. Such consultation 
shall be done in a manner and in such time that provides the opportunity 
for such appropriate officials from Indian tribes or tribal 
organizations to meaningfully and substantively contribute to such plan.
    ``(b) Documentation.--Each affected local educational agency shall 
maintain in the agency's records and provide to the State educational 
agency a written affirmation signed by the appropriate officials of the 
participating tribes or tribal organizations approved by the tribes that 
the consultation required by this section has occurred. If such 
officials do not provide such affirmation within a reasonable period of 
time, the affected local educational agency shall forward documentation 
that such consultation has taken place to the State educational agency.
    ``(c) Definitions.--In this section:
            ``(1) Affected local educational agency.--The term `affected 
        local educational agency' means a local educational agency--
                    ``(A) with an enrollment of American Indian or 
                Alaska Native students that is not less than 50 percent 
                of the total enrollment of the local educational agency; 
                or
                    ``(B) that--
                          ``(i) for fiscal year 2017, received a grant 
                      in the previous year under subpart 1 of part A of 
                      title VII (as such subpart was in effect on the 
                      day before the date of enactment of the Every 
                      Student Succeeds Act) that exceeded $40,000; or
                          ``(ii) for any fiscal year following fiscal 
                      year 2017, received a grant in the previous fiscal 
                      year under subpart 1 of part A of title VI that 
                      exceeded $40,000.
            ``(2) Appropriate officials.--The term `appropriate 
        officials' means--
                    ``(A) tribal officials who are elected; or
                    ``(B) appointed tribal leaders or officials 
                designated in writing by an Indian tribe for the 
                specific consultation purpose under this section.

    ``(d) Rule of Construction.--Nothing in this section shall be 
construed--
            ``(1) to require the local educational agency to determine 
        who are the appropriate officials; or
            ``(2) to make the local educational agency liable for 
        consultation with appropriate officials that the tribe 
        determines not to be the correct appropriate officials.

    ``(e) Limitation.--Consultation required under this section shall 
not interfere with the timely submission of the plans or applications 
required under this Act.''.
SEC. 8031. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL LOCAL 
                          EDUCATIONAL AGENCIES.

    Subpart 2 of part F of title VIII, as amended and redesignated by 
section 8001 of this Act, is further amended by adding at the end the 
following:
``SEC. 8539. <<NOTE: 20 USC 7919.>> OUTREACH AND TECHNICAL 
                          ASSISTANCE FOR RURAL LOCAL EDUCATIONAL 
                          AGENCIES.

    ``(a) Outreach.--The Secretary shall engage in outreach to rural 
local educational agencies regarding opportunities to apply for 
competitive grant programs under this Act.

[[Page 129 STAT. 2118]]

    ``(b) Technical Assistance.--If requested to do so, the Secretary 
shall provide technical assistance to rural local educational agencies 
with locale codes 32, 33, 41, 42, or 43, or an educational service 
agency representing rural local educational agencies with locale codes 
32, 33, 41, 42, or 43 on applications or pre-applications for any 
competitive grant program under this Act. No rural local educational 
agency or educational service agency shall be required to request 
technical assistance or include any technical assistance provided by the 
Secretary in any application.''.
SEC. 8032. CONSULTATION WITH THE GOVERNOR.

    Subpart 2 of part F of title VIII, as amended and redesignated by 
section 8001 of this Act, is further amended by adding at the end the 
following:
``SEC. 8540. <<NOTE: 20 USC 7920.>> CONSULTATION WITH THE 
                          GOVERNOR.

    ``(a) In General.--A State educational agency shall consult in a 
timely and meaningful manner with the Governor, or appropriate officials 
from the Governor's office, in the development of State plans under 
titles I and II and section 8302.
    ``(b) Timing.--The consultation described in subsection (a) shall 
include meetings of officials from the State educational agency and the 
Governor's office and shall occur--
            ``(1) during the development of such plan; and
            ``(2) prior to submission of the plan to the Secretary.

    ``(c) Joint Signature Authority.--A Governor shall have 30 days 
prior to the State educational agency submitting the State plan under 
title I or II or section 8302 to the Secretary to sign such plan. If the 
Governor has not signed the plan within 30 days of delivery by the State 
educational agency to the Governor, the State educational agency shall 
submit the plan to the Secretary without such signature.''.
SEC. 8033. LOCAL GOVERNANCE.

    Subpart 2 of part F of title VIII, as amended and redesignated by 
section 8001 of this Act, is further amended by adding at the end the 
following:
``SEC. 8541. <<NOTE: 20 USC 7921.>> LOCAL GOVERNANCE.

    ``(a) Rule of Construction.--Nothing in this Act shall be construed 
to allow the Secretary to--
            ``(1) exercise any governance or authority over school 
        administration, including the development and expenditure of 
        school budgets, unless otherwise authorized under this Act;
            ``(2) issue any regulation without first complying with the 
        rulemaking requirements of section 553 of title 5, United States 
        Code; or
            ``(3) issue any nonregulatory guidance without first, to the 
        extent feasible, considering input from stakeholders.

    ``(b) Authority Under Other Law.--Nothing in subsection (a) shall be 
construed to affect any authority the Secretary has under any other 
Federal law.''.
SEC. 8034. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND FROM 
                          SCHOOL.

    Subpart 2 of part F of title VIII, as amended and redesignated by 
section 8001 of this Act, is further amended by adding at the end the 
following:

[[Page 129 STAT. 2119]]

``SEC. 8542. <<NOTE: 20 USC 7922.>> RULE OF CONSTRUCTION REGARDING 
                          TRAVEL TO AND FROM SCHOOL.

    ``(a) In General.--Subject to subsection (b), nothing in this Act 
shall authorize the Secretary to, or shall be construed to--
            ``(1) prohibit a child from traveling to and from school on 
        foot or by car, bus, or bike when the parents of the child have 
        given permission; or
            ``(2) expose parents to civil or criminal charges for 
        allowing their child to responsibly and safely travel to and 
        from school by a means the parents believe is age appropriate.

    ``(b) No Preemption of State or Local Laws.--Notwithstanding 
subsection (a), nothing in this section shall be construed to preempt 
State or local laws.''.
SEC. 8035. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS.

    Subpart 2 of part F of title VIII, as amended and redesignated by 
section 8001 of this Act, is further amended by adding at the end the 
following:
``SEC. 8543. <<NOTE: 20 USC 7923.>> LIMITATIONS ON SCHOOL-BASED 
                          HEALTH CENTERS.

    ``Notwithstanding section 8102, funds used for activities under this 
Act shall be carried out in accordance with the provision of section 
399z-1(a)(3)(C) of the Public Health Service Act (42 U.S.C. 280h-
5(a)(3)(C)).''.
SEC. 8036. STATE CONTROL OVER STANDARDS.

    Subpart 2 of part F of title VIII, as amended and redesignated by 
section 8001 of this Act, is further amended by adding at the end the 
following:
``SEC. 8544. <<NOTE: 20 USC 7924.>> STATE CONTROL OVER STANDARDS.

    ``(a) In General.--Nothing in this Act shall be construed to 
prohibit a State from withdrawing from the Common Core State Standards 
or from otherwise revising their standards.
    ``(b) Prohibition.--No officer or employee of the Federal Government 
shall, directly or indirectly, through grants, contracts or other 
cooperative agreements, through waiver granted under section 8401 or 
through any other authority, take any action against a State that 
exercises its rights under subsection (a).''.
SEC. 8037. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY.

    Subpart 2 of part F of title VIII, as amended and redesignated by 
section 8001 of this Act, is further amended by adding at the end the 
following:
``SEC. 8545. <<NOTE: 20 USC 7925.>> SENSE OF CONGRESS ON 
                          PROTECTING STUDENT PRIVACY.

    ``(a) Findings.--The Congress finds as follows:
            ``(1) Students' personally identifiable information is 
        important to protect.
            ``(2) Students' information should not be shared with 
        individuals other than school officials in charge of educating 
        those students without clear notice to parents.
            ``(3) With the use of more technology, and more research 
        about student learning, the responsibility to protect students' 
        personally identifiable information is more important than ever.
            ``(4) Regulations allowing more access to students' personal 
        information could allow that information to be shared or sold

[[Page 129 STAT. 2120]]

        by individuals who do not have the best interest of the students 
        in mind.
            ``(5) The Secretary has the responsibility to ensure every 
        entity that receives funding under this Act holds any personally 
        identifiable information in strict confidence.

    ``(b) Sense of Congress.--It is the sense of the Congress that the 
Secretary should review all regulations addressing issues of student 
privacy, including those under this Act, and ensure that students' 
personally identifiable information is protected.''.
SEC. 8038. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE.

    Subpart 2 of part F of title VIII, as amended and redesignated by 
section 8001 of this Act, is further amended by adding at the end the 
following:
``SEC. 8546. <<NOTE: 20 USC 7926.>> PROHIBITION ON AIDING AND 
                          ABETTING SEXUAL ABUSE.

    ``(a) In General.--A State, State educational agency, or local 
educational agency in the case of a local educational agency that 
receives Federal funds under this Act shall have laws, regulations, or 
policies that prohibit any individual who is a school employee, 
contractor, or agent, or any State educational agency or local 
educational agency, from assisting a school employee, contractor, or 
agent in obtaining a new job, apart from the routine transmission of 
administrative and personnel files, if the individual or agency knows, 
or has probable cause to believe, that such school employee, contractor, 
or agent engaged in sexual misconduct regarding a minor or student in 
violation of the law.
    ``(b) Exception.--The requirements of subsection (a) shall not apply 
if the information giving rise to probable cause--
            ``(1)(A) has been properly reported to a law enforcement 
        agency with jurisdiction over the alleged misconduct; and
            ``(B) has been properly reported to any other authorities as 
        required by Federal, State, or local law, including title IX of 
        the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and 
        the regulations implementing such title under part 106 of title 
        34, Code of Federal Regulations, or any succeeding regulations; 
        and
            ``(2)(A) the matter has been officially closed or the 
        prosecutor or police with jurisdiction over the alleged 
        misconduct has investigated the allegations and notified school 
        officials that there is insufficient information to establish 
        probable cause that the school employee, contractor, or agent 
        engaged in sexual misconduct regarding a minor or student in 
        violation of the law;
            ``(B) the school employee, contractor, or agent has been 
        charged with, and acquitted or otherwise exonerated of the 
        alleged misconduct; or
            ``(C) the case or investigation remains open and there have 
        been no charges filed against, or indictment of, the school 
        employee, contractor, or agent within 4 years of the date on 
        which the information was reported to a law enforcement agency.

    ``(c) Prohibition.--The Secretary shall not have the authority to 
mandate, direct, or control the specific measures adopted by a State, 
State educational agency, or local educational agency under this 
section.
    ``(d) Construction.--Nothing in this section shall be construed to 
prevent a State from adopting, or to override a State law,

[[Page 129 STAT. 2121]]

regulation, or policy that provides, greater or additional protections 
to prohibit any individual who is a school employee, contractor, or 
agent, or any State educational agency or local educational agency, from 
assisting a school employee who engaged in sexual misconduct regarding a 
minor or student in violation of the law in obtaining a new job.''.
SEC. 8039. SENSE OF CONGRESS ON RESTORATION OF STATE SOVEREIGNTY 
                          OVER PUBLIC EDUCATION.

    Subpart 2 of part F of title VIII, as amended and redesignated by 
section 8001 of this Act, is further amended by adding at the end the 
following:
``SEC. 8547. <<NOTE: 20 USC 7927.>> SENSE OF CONGRESS ON 
                          RESTORATION OF STATE SOVEREIGNTY OVER 
                          PUBLIC EDUCATION.

    ``It is the Sense of Congress that State and local officials should 
be consulted and made aware of the requirements that accompany 
participation in activities authorized under this Act prior to a State 
or local educational agency's request to participate in such 
activities.''.
SEC. 8040. PRIVACY.

    Subpart 2 of part F of title VIII, as amended and redesignated by 
section 8001 of this Act, is further amended by adding at the end the 
following:
``SEC. 8548. <<NOTE: 20 USC 7928.>> PRIVACY.

    ``The Secretary shall require an assurance that each grantee 
receiving funds under this Act understands the importance of privacy 
protections for students and is aware of the responsibilities of the 
grantee under section 444 of the General Education Provisions Act (20 
U.S.C. 1232g) (commonly known as the `Family Education Rights and 
Privacy Act of 1974').''.
SEC. 8041. ANALYSIS AND PERIODIC REVIEW; SENSE OF CONGRESS; 
                          TECHNICAL ASSISTANCE.

    Subpart 2 of part F of title VIII, as amended and redesignated by 
section 8001 of this Act, is further amended by adding at the end the 
following:
``SEC. 8549. <<NOTE: 20 USC 7929.>> ANALYSIS AND PERIODIC REVIEW 
                          OF DEPARTMENTAL GUIDANCE.

    ``The Secretary shall develop procedures for the approval and 
periodic review of significant guidance documents that include--
            ``(1) appropriate approval processes within the Department;
            ``(2) appropriate identification of the agency or office 
        issuing the documents, the activities to which and the persons 
        to whom the documents apply, and the date of issuance;
            ``(3) a publicly available list to identify those 
        significant guidance documents that were issued, revised, or 
        withdrawn within the past year; and
            ``(4) an opportunity for the public to request that an 
        agency modify or rescind an existing significant guidance 
        document.
``SEC. 8549A <<NOTE: 20 USC 7930.>> SENSE OF CONGRESS.

    ``(a) Findings.--The Congress finds as follows:
            ``(1) This Act prohibits the Federal Government from 
        mandating, directing, or controlling a State, local educational

[[Page 129 STAT. 2122]]

        agency, or school's curriculum, program of instruction, or 
        allocation of State and local resources, and from mandating a 
        State or any subdivision thereof to spend any funds or incur any 
        costs not paid for under this Act.
            ``(2) This Act prohibits the Federal Government from funding 
        the development, pilot testing, field testing, implementation, 
        administration, or distribution of any federally sponsored 
        national test in reading, mathematics, or any other subject, 
        unless specifically and explicitly authorized by law.

    ``(b) Sense of Congress.--It is the sense of the Congress that 
States and local educational agencies retain the rights and 
responsibilities of determining educational curriculum, programs of 
instruction, and assessments for elementary and secondary education.
``SEC. 8549B. <<NOTE: 20 USC 7931.>> SENSE OF CONGRESS ON EARLY 
                            LEARNING AND CHILD CARE.

    ``It is the Sense of the Congress that a State retains the right to 
make decisions, free from Federal intrusion, concerning its system of 
early learning and child care, and whether or not to use funding under 
this Act to offer early childhood education programs. Such systems 
should continue to include robust choice for parents through a mixed 
delivery system of services so parents can determine the right early 
learning and child care option for their children. States, while 
protecting the rights of early learning and child care providers, retain 
the right to make decisions that shall include the age at which to set 
compulsory attendance in school, the content of a State's early learning 
guidelines, and how to determine quality in programs.
``SEC. 8549C. <<NOTE: 20 USC 7932.>> TECHNICAL ASSISTANCE.

    ``If requested by a State or local educational agency, a regional 
educational laboratory under part D of the Education Sciences Reform Act 
of 2002 (20 U.S.C. 9561 et seq.) shall provide technical assistance to 
such State or local educational agency in meeting the requirements of 
section 8101(21).''.
SEC. 8042. EVALUATIONS.

    Section 8601, <<NOTE: 20 USC 7981.>> as redesignated by section 8001 
of this Act, is amended to read as follows:
``SEC. 8601. EVALUATIONS.

    ``(a) Reservation of Funds.--Except as provided in subsection (b) 
and (e), the Secretary, in consultation with the Director of the 
Institute of Education Sciences, may reserve not more than 0.5 percent 
of the amount appropriated for each program authorized under this Act to 
carry out activities under this section. If the Secretary elects to make 
a reservation under this subsection, the reserved amounts--
            ``(1) shall first be used by the Secretary, acting through 
        the Director of the Institute of Education Sciences, to--
                    ``(A) conduct comprehensive, high-quality 
                evaluations of the programs that--
                          ``(i) are consistent with the evaluation plan 
                      under subsection (d); and
                          ``(ii) primarily include impact evaluations 
                      that use experimental or quasi-experimental 
                      designs, where

[[Page 129 STAT. 2123]]

                      practicable and appropriate, and other rigorous 
                      methodologies that permit the strongest possible 
                      causal inferences;
                    ``(B) conduct studies of the effectiveness of the 
                programs and the administrative impact of the programs 
                on schools and local educational agencies; and
                    ``(C) widely disseminate evaluation findings under 
                this section related to programs authorized under this 
                Act--
                          ``(i) in a timely fashion;
                          ``(ii) in forms that are understandable, 
                      easily accessible, usable, and adaptable for use 
                      in the improvement of educational practice;
                          ``(iii) through electronic transfer and other 
                      means, such as posting, as available, to the 
                      websites of State educational agencies, local 
                      educational agencies, the Institute of Education 
                      Sciences, or the Department, or in another 
                      relevant place; and
                          ``(iv) in a manner that promotes the 
                      utilization of such findings; and
            ``(2) may be used by the Secretary, acting through the 
        Director of the Institute of Education Sciences--
                    ``(A) to evaluate the aggregate short- and long-term 
                effects and cost efficiencies across--
                          ``(i) Federal programs assisted or authorized 
                      under this Act; and
                          ``(ii) related Federal early childhood 
                      education programs, preschool programs, elementary 
                      school programs, and secondary school programs, 
                      under any other Federal law;
                    ``(B) to increase the usefulness of the evaluations 
                conducted under this section by improving the quality, 
                timeliness, efficiency, and use of information relating 
                to performance to promote continuous improvement of 
                programs assisted or authorized under this Act; and
                    ``(C) to assist recipients of grants under such 
                programs in collecting and analyzing data and other 
                activities related to conducting high-quality 
                evaluations under paragraph (1).

    ``(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;

[[Page 129 STAT. 2124]]

            ``(2) contains the results of the activities carried out 
        under subsection (a) for the most recent 2-year period; and
            ``(3) describes how programs authorized under this Act will 
        be regularly evaluated.

    ``(e) Evaluation Activities Authorized Elsewhere.--If, under any 
other provision of this Act, funds are authorized to be reserved or used 
for evaluation activities with respect to a program, the Secretary may 
not reserve additional funds under this section for the evaluation of 
that program.''.

           TITLE IX--EDUCATION FOR THE HOMELESS AND OTHER LAWS

                  PART A--HOMELESS CHILDREN AND YOUTHS

SEC. 9101. STATEMENT OF POLICY.

    Section 721 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11431) is amended--
            (1) in paragraph (2), by striking ``In any State'' and all 
        that follows through ``will review'' and inserting ``In any 
        State where compulsory residency requirements or other 
        requirements, in laws, regulations, practices, or policies, may 
        act as a barrier to the identification of, or the enrollment, 
        attendance, or success in school of, homeless children and 
        youths, the State educational agency and local educational 
        agencies in the State will review'';
            (2) in paragraph (3), by striking ``alone''; and
            (3) in paragraph (4), by striking ``challenging State 
        student academic achievement standards'' and inserting 
        ``challenging State academic standards''.
SEC. 9102. GRANTS FOR STATE AND LOCAL ACTIVITIES.

    Section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11432) is amended--
            (1) by striking subsection (b) and inserting the following:

    ``(b) Grants From Allotments.--The Secretary shall make the grants 
to States from the allotments made under subsection (c)(1).'';
            (2) in subsection (d)--
                    (A) in paragraph (2)--
                          (i) by striking ``To provide'' and all that 
                      follows through ``that enable'' and inserting ``To 
                      provide services and activities to improve the 
                      identification of homeless children and youths 
                      (including preschool-aged homeless children) and 
                      enable''; and
                          (ii) by striking ``or, if'' and inserting 
                      ``including, if'';
                    (B) in paragraph (3), by striking ``designate'' and 
                all that follows and inserting ``designate in the State 
                educational agency an Office of the Coordinator for 
                Education of Homeless Children and Youths that can 
                sufficiently carry out the duties described for the 
                Office in this subtitle in accordance with subsection 
                (f).''; and
                    (C) by striking paragraph (5) and inserting the 
                following:

[[Page 129 STAT. 2125]]

            ``(5) To develop and implement professional development 
        programs for liaisons designated under subsection (g)(1)(J)(ii) 
        and other local educational agency personnel--
                    ``(A) to improve their identification of homeless 
                children and youths; and
                    ``(B) to heighten the awareness of the liaisons and 
                personnel of, and their capacity to respond to, specific 
                needs in the education of homeless children and 
                youths.'';
            (3) in subsection (e)--
                    (A) in paragraph (1), by inserting ``a State through 
                grants under subsection (a) to'' after ``each year to'';
                    (B) in paragraph (2), by striking ``funds made 
                available for State use under this subtitle'' and 
                inserting ``the grant funds remaining after the State 
                educational agency distributes subgrants under paragraph 
                (1)''; and
                    (C) in paragraph (3)--
                          (i) in subparagraph (C)(iv)(II), by striking 
                      ``sections 1111 and 1116'' and inserting ``section 
                      1111'';
                          (ii) in subparagraph (E)(ii)(II), by striking 
                      ``subsection (g)(6)(A)(v)'' and inserting 
                      ``subsection (g)(6)(A)(vi)''; and
                          (iii) in subparagraph (F)--
                                    (I) in clause (i)--
                                            (aa) by striking ``and'' at 
                                        the end of subclause (II);
                                            (bb) by striking the period 
                                        at the end of subclause (III) 
                                        and inserting ``; and''; and
                                            (cc) by adding at the end 
                                        the following:
                                    ``(IV) the progress the separate 
                                schools are making in helping all 
                                students meet the challenging State 
                                academic standards.''; and
                                    (II) in clause (iii), by striking 
                                ``Not later than 2 years after the date 
                                of enactment of the McKinney-Vento 
                                Homeless Education Assistance 
                                Improvements Act of 2001, the'' and 
                                inserting ``The'';
            (4) by striking subsection (f) and inserting the following:

    ``(f) Functions of the Office of the Coordinator.--The Coordinator 
for Education of Homeless Children and Youths established in each State 
shall--
            ``(1) gather and make publicly available reliable, valid, 
        and comprehensive information on--
                    ``(A) the number of homeless children and youths 
                identified in the State, which shall be posted annually 
                on the State educational agency's website;
                    ``(B) the nature and extent of the problems homeless 
                children and youths have in gaining access to public 
                preschool programs and to public elementary schools and 
                secondary schools;
                    ``(C) the difficulties in identifying the special 
                needs and barriers to the participation and achievement 
                of such children and youths;
                    ``(D) any progress made by the State educational 
                agency and local educational agencies in the State in 
                addressing such problems and difficulties; and
                    ``(E) the success of the programs under this 
                subtitle in identifying homeless children and youths and 
                allowing

[[Page 129 STAT. 2126]]

                such children and youths to enroll in, attend, and 
                succeed in, school;
            ``(2) develop and carry out the State plan described in 
        subsection (g);
            ``(3) collect data for and transmit to the Secretary, at 
        such time and in such manner as the Secretary may reasonably 
        require, a report containing information necessary to assess the 
        educational needs of homeless children and youths within the 
        State, including data necessary for the Secretary to fulfill the 
        responsibilities under section 724(h);
            ``(4) in order to improve the provision of comprehensive 
        education and related services to homeless children and youths 
        and their families, coordinate activities and collaborate with--
                    ``(A) educators, including teachers, special 
                education personnel, administrators, and child 
                development and preschool program personnel;
                    ``(B) providers of services to homeless children and 
                youths and their families, including public and private 
                child welfare and social services agencies, law 
                enforcement agencies, juvenile and family courts, 
                agencies providing mental health services, domestic 
                violence agencies, child care providers, runaway and 
                homeless youth centers, and providers of services and 
                programs funded under the Runaway and Homeless Youth Act 
                (42 U.S.C. 5701 et seq.);
                    ``(C) providers of emergency, transitional, and 
                permanent housing to homeless children and youths, and 
                their families, including public housing agencies, 
                shelter operators, operators of transitional housing 
                facilities, and providers of transitional living 
                programs for homeless youths;
                    ``(D) local educational agency liaisons designated 
                under subsection (g)(1)(J)(ii) for homeless children and 
                youths; and
                    ``(E) community organizations and groups 
                representing homeless children and youths and their 
                families;
            ``(5) provide technical assistance to and conduct monitoring 
        of local educational agencies in coordination with local 
        educational agency liaisons designated under subsection 
        (g)(1)(J)(ii), to ensure that local educational agencies comply 
        with the requirements of subsection (e)(3) and paragraphs (3) 
        through (7) of subsection (g);
            ``(6) provide professional development opportunities for 
        local educational agency personnel and the local educational 
        agency liaison designated under subsection (g)(1)(J)(ii) to 
        assist such personnel and liaison in identifying and meeting the 
        needs of homeless children and youths, and provide training on 
        the definitions of terms related to homelessness specified in 
        sections 103, 401, and 725 to the liaison; and
            ``(7) respond to inquiries from parents and guardians of 
        homeless children and youths, and (in the case of unaccompanied 
        youths) such youths, to ensure that each child or youth who is 
        the subject of such an inquiry receives the full protections and 
        services provided by this subtitle.'';
            (5) by striking subsection (g) and inserting the following:

    ``(g) State Plan.--
            ``(1) In general.--For any State desiring to receive a grant 
        under this subtitle, the State educational agency shall submit 
        to the Secretary a plan to provide for the education of homeless

[[Page 129 STAT. 2127]]

        children and youths within the State. Such plan shall include 
        the following:
                    ``(A) A description of how such children and youths 
                are (or will be) given the opportunity to meet the same 
                challenging State academic standards as all students are 
                expected to meet.
                    ``(B) A description of the procedures the State 
                educational agency will use to identify such children 
                and youths in the State and to assess their needs.
                    ``(C) A description of procedures for the prompt 
                resolution of disputes regarding the educational 
                placement of homeless children and youths.
                    ``(D) A description of programs for school personnel 
                (including liaisons designated under subparagraph 
                (J)(ii), principals and other school leaders, attendance 
                officers, teachers, enrollment personnel, and 
                specialized instructional support personnel) to heighten 
                the awareness of such school personnel of the specific 
                needs of homeless children and youths, including such 
                children and youths who are runaway and homeless youths.
                    ``(E) A description of procedures that ensure that 
                homeless children and youths who meet the relevant 
                eligibility criteria are able to participate in Federal, 
                State, or local nutrition programs.
                    ``(F) A description of procedures that ensure that--
                          ``(i) homeless children have access to public 
                      preschool programs, administered by the State 
                      educational agency or local educational agency, as 
                      provided to other children in the State;
                          ``(ii) youths described in section 725(2) and 
                      youths separated from public schools are 
                      identified and accorded equal access to 
                      appropriate secondary education and support 
                      services, including by identifying and removing 
                      barriers that prevent youths described in this 
                      clause from receiving appropriate credit for full 
                      or partial coursework satisfactorily completed 
                      while attending a prior school, in accordance with 
                      State, local, and school policies; and
                          ``(iii) homeless children and youths who meet 
                      the relevant eligibility criteria do not face 
                      barriers to accessing academic and extracurricular 
                      activities, including magnet school, summer 
                      school, career and technical education, advanced 
                      placement, online learning, and charter school 
                      programs, if such programs are available at the 
                      State and local levels.
                    ``(G) Strategies to address problems identified in 
                the report provided to the Secretary under subsection 
                (f)(3).
                    ``(H) Strategies to address other problems with 
                respect to the education of homeless children and 
                youths, including problems resulting from enrollment 
                delays that are caused by--
                          ``(i) requirements of immunization and other 
                      required health records;
                          ``(ii) residency requirements;
                          ``(iii) lack of birth certificates, school 
                      records, or other documentation;
                          ``(iv) guardianship issues; or

[[Page 129 STAT. 2128]]

                          ``(v) uniform or dress code requirements.
                    ``(I) A demonstration that the State educational 
                agency and local educational agencies in the State have 
                developed, and shall review and revise, policies to 
                remove barriers to the identification of homeless 
                children and youths, and the enrollment and retention of 
                homeless children and youths in schools in the State, 
                including barriers to enrollment and retention due to 
                outstanding fees or fines, or absences.
                    ``(J) Assurances that the following will be carried 
                out:
                          ``(i) The State educational agency and local 
                      educational agencies in the State will adopt 
                      policies and practices to ensure that homeless 
                      children and youths are not stigmatized or 
                      segregated on the basis of their status as 
                      homeless.
                          ``(ii) The local educational agencies will 
                      designate an appropriate staff person, able to 
                      carry out the duties described in paragraph 
                      (6)(A), who may also be a coordinator for other 
                      Federal programs, as a local educational agency 
                      liaison for homeless children and youths.
                          ``(iii) The State and the local educational 
                      agencies in the State will adopt policies and 
                      practices to ensure that transportation is 
                      provided, at the request of the parent or guardian 
                      (or in the case of an unaccompanied youth, the 
                      liaison), to and from the school of origin (as 
                      determined under paragraph (3)), in accordance 
                      with the following, as applicable:
                                    ``(I) If the child or youth 
                                continues to live in the area served by 
                                the local educational agency in which 
                                the school of origin is located, the 
                                child's or youth's transportation to and 
                                from the school of origin shall be 
                                provided or arranged by the local 
                                educational agency in which the school 
                                of origin is located.
                                    ``(II) If the child's or youth's 
                                living arrangements in the area served 
                                by the local educational agency of 
                                origin terminate and the child or youth, 
                                though continuing the child's or youth's 
                                education in the school of origin, 
                                begins living in an area served by 
                                another local educational agency, the 
                                local educational agency of origin and 
                                the local educational agency in which 
                                the child or youth is living shall agree 
                                upon a method to apportion the 
                                responsibility and costs for providing 
                                the child or youth with transportation 
                                to and from the school of origin. If the 
                                local educational agencies are unable to 
                                agree upon such method, the 
                                responsibility and costs for 
                                transportation shall be shared equally.
                          ``(iv) The State and the local educational 
                      agencies in the State will adopt policies and 
                      practices to ensure participation by liaisons 
                      described in clause (ii) in professional 
                      development and other technical assistance 
                      activities provided pursuant to paragraphs (5) and 
                      (6) of subsection (f), as determined appropriate 
                      by the Office of the Coordinator.

[[Page 129 STAT. 2129]]

                    ``(K) A description of how youths described in 
                section 725(2) will receive assistance from counselors 
                to advise such youths, and prepare and improve the 
                readiness of such youths for college.
            ``(2) Compliance.--
                    ``(A) In general.--Each plan adopted under this 
                subsection shall also describe how the State will ensure 
                that local educational agencies in the State will comply 
                with the requirements of paragraphs (3) through (7).
                    ``(B) Coordination.--Such plan shall indicate what 
                technical assistance the State will furnish to local 
                educational agencies and how compliance efforts will be 
                coordinated with the local educational agency liaisons 
                designated under paragraph (1)(J)(ii).
            ``(3) Local educational agency requirements.--
                    ``(A) In general.--The local educational agency 
                serving each child or youth to be assisted under this 
                subtitle shall, according to the child's or youth's best 
                interest--
                          ``(i) continue the child's or youth's 
                      education in the school of origin for the duration 
                      of homelessness--
                                    ``(I) in any case in which a family 
                                becomes homeless between academic years 
                                or during an academic year; and
                                    ``(II) for the remainder of the 
                                academic year, if the child or youth 
                                becomes permanently housed during an 
                                academic year; or
                          ``(ii) enroll the child or youth in any public 
                      school that nonhomeless students who live in the 
                      attendance area in which the child or youth is 
                      actually living are eligible to attend.
                    ``(B) School stability.--In determining the best 
                interest of the child or youth under subparagraph (A), 
                the local educational agency shall--
                          ``(i) presume that keeping the child or youth 
                      in the school of origin is in the child's or 
                      youth's best interest, except when doing so is 
                      contrary to the request of the child's or youth's 
                      parent or guardian, or (in the case of an 
                      unaccompanied youth) the youth;
                          ``(ii) consider student-centered factors 
                      related to the child's or youth's best interest, 
                      including factors related to the impact of 
                      mobility on achievement, education, health, and 
                      safety of homeless children and youth, giving 
                      priority to the request of the child's or youth's 
                      parent or guardian or (in the case of an 
                      unaccompanied youth) the youth;
                          ``(iii) if, after conducting the best interest 
                      determination based on consideration of the 
                      presumption in clause (i) and the student-centered 
                      factors in clause (ii), the local educational 
                      agency determines that it is not in the child's or 
                      youth's best interest to attend the school of 
                      origin or the school requested by the parent or 
                      guardian, or (in the case of an unaccompanied 
                      youth) the youth, provide the child's or youth's 
                      parent or guardian or the unaccompanied youth with 
                      a written explanation of the reasons for its 
                      determination, in a manner and form understandable 
                      to such parent, guardian, or unaccompanied youth, 
                      including

[[Page 129 STAT. 2130]]

                      information regarding the right to appeal under 
                      subparagraph (E); and
                          ``(iv) in the case of an unaccompanied youth, 
                      ensure that the local educational agency liaison 
                      designated under paragraph (1)(J)(ii) assists in 
                      placement or enrollment decisions under this 
                      subparagraph, gives priority to the views of such 
                      unaccompanied youth, and provides notice to such 
                      youth of the right to appeal under subparagraph 
                      (E).
                    ``(C) Immediate enrollment.--
                          ``(i) In general.--The school selected in 
                      accordance with this paragraph shall immediately 
                      enroll the homeless child or youth, even if the 
                      child or youth--
                                    ``(I) is unable to produce records 
                                normally required for enrollment, such 
                                as previous academic records, records of 
                                immunization and other required health 
                                records, proof of residency, or other 
                                documentation; or
                                    ``(II) has missed application or 
                                enrollment deadlines during any period 
                                of homelessness.
                          ``(ii) Relevant academic records.--The 
                      enrolling school shall immediately contact the 
                      school last attended by the child or youth to 
                      obtain relevant academic and other records.
                          ``(iii) Relevant health records.--If the child 
                      or youth needs to obtain immunizations or other 
                      required health records, the enrolling school 
                      shall immediately refer the parent or guardian of 
                      the child or youth, or (in the case of an 
                      unaccompanied youth) the youth, to the local 
                      educational agency liaison designated under 
                      paragraph (1)(J)(ii), who shall assist in 
                      obtaining necessary immunizations or screenings, 
                      or immunization or other required health records, 
                      in accordance with subparagraph (D).
                    ``(D) Records.--Any record ordinarily kept by the 
                school, including immunization or other required health 
                records, academic records, birth certificates, 
                guardianship records, and evaluations for special 
                services or programs, regarding each homeless child or 
                youth shall be maintained--
                          ``(i) so that the records involved are 
                      available, in a timely fashion, when a child or 
                      youth enters a new school or school district; and
                          ``(ii) in a manner consistent with section 444 
                      of the General Education Provisions Act (20 U.S.C. 
                      1232g).
                    ``(E) Enrollment disputes.--If a dispute arises over 
                eligibility, or school selection or enrollment in a 
                school--
                          ``(i) the child or youth shall be immediately 
                      enrolled in the school in which enrollment is 
                      sought, pending final resolution of the dispute, 
                      including all available appeals;
                          ``(ii) the parent or guardian of the child or 
                      youth or (in the case of an unaccompanied youth) 
                      the youth shall be provided with a written 
                      explanation of any decisions related to school 
                      selection or enrollment made by the school, the 
                      local educational agency, or the

[[Page 129 STAT. 2131]]

                      State educational agency involved, including the 
                      rights of the parent, guardian, or unaccompanied 
                      youth to appeal such decisions;
                          ``(iii) the parent, guardian, or unaccompanied 
                      youth shall be referred to the local educational 
                      agency liaison designated under paragraph 
                      (1)(J)(ii), who shall carry out the dispute 
                      resolution process as described in paragraph 
                      (1)(C) as expeditiously as possible after 
                      receiving notice of the dispute; and
                          ``(iv) in the case of an unaccompanied youth, 
                      the liaison shall ensure that the youth is 
                      immediately enrolled in the school in which the 
                      youth seeks enrollment pending resolution of such 
                      dispute.
                    ``(F) Placement choice.--The choice regarding 
                placement shall be made regardless of whether the child 
                or youth lives with the homeless parents or has been 
                temporarily placed elsewhere.
                    ``(G) Privacy.--Information about a homeless child's 
                or youth's living situation shall be treated as a 
                student education record, and shall not be deemed to be 
                directory information, under section 444 of the General 
                Education Provisions Act (20 U.S.C. 1232g).
                    ``(H) Contact information.--Nothing in this subtitle 
                shall prohibit a local educational agency from requiring 
                a parent or guardian of a homeless child or youth to 
                submit contact information.
                    ``(I) School of origin defined.--In this paragraph:
                          ``(i) In general.--The term `school of origin' 
                      means the school that a child or youth attended 
                      when permanently housed or the school in which the 
                      child or youth was last enrolled, including a 
                      preschool.
                          ``(ii) Receiving school.--When the child or 
                      youth completes the final grade level served by 
                      the school of origin, as described in clause (i), 
                      the term ``school of origin'' shall include the 
                      designated receiving school at the next grade 
                      level for all feeder schools.
            ``(4) Comparable services.--Each homeless child or youth to 
        be assisted under this subtitle shall be provided services 
        comparable to services offered to other students in the school 
        selected under paragraph (3), including the following:
                    ``(A) Transportation services.
                    ``(B) Educational services for which the child or 
                youth meets the eligibility criteria, such as services 
                provided under title I of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6301 et seq.) or 
                similar State or local programs, educational programs 
                for children with disabilities, and educational programs 
                for English learners.
                    ``(C) Programs in career and technical education.
                    ``(D) Programs for gifted and talented students.
                    ``(E) School nutrition programs.
            ``(5) Coordination.--
                    ``(A) In general.--Each local educational agency 
                serving homeless children and youths that receives 
                assistance under this subtitle shall coordinate--
                          ``(i) the provision of services under this 
                      subtitle with local social services agencies and 
                      other agencies or entities providing services to 
                      homeless children and

[[Page 129 STAT. 2132]]

                      youths and their families, including services and 
                      programs funded under the Runaway and Homeless 
                      Youth Act (42 U.S.C. 5701 et seq.); and
                          ``(ii) transportation, transfer of school 
                      records, and other interdistrict activities, with 
                      other local educational agencies.
                    ``(B) Housing assistance.--If applicable, each State 
                educational agency and local educational agency that 
                receives assistance under this subtitle shall coordinate 
                with State and local housing agencies responsible for 
                developing the comprehensive housing affordability 
                strategy described in section 105 of the Cranston-
                Gonzalez National Affordable Housing Act (42 U.S.C. 
                12705) to minimize educational disruption for children 
                and youths who become homeless.
                    ``(C) Coordination purpose.--The coordination 
                required under subparagraphs (A) and (B) shall be 
                designed to--
                          ``(i) ensure that all homeless children and 
                      youths are promptly identified;
                          ``(ii) ensure that all homeless children and 
                      youths have access to, and are in reasonable 
                      proximity to, available education and related 
                      support services; and
                          ``(iii) raise the awareness of school 
                      personnel and service providers of the effects of 
                      short-term stays in a shelter and other challenges 
                      associated with homelessness.
                    ``(D) Homeless children and youths with 
                disabilities.--For children and youths who are to be 
                assisted both under this subtitle, and under the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1400 et seq.) or section 504 of the Rehabilitation Act 
                of 1973 (29 U.S.C. 794), each local educational agency 
                shall coordinate the provision of services under this 
                subtitle with the provision of programs for children 
                with disabilities served by that local educational 
                agency and other involved local educational agencies.
            ``(6) Local educational agency liaison.--
                    ``(A) Duties.--Each local educational agency liaison 
                for homeless children and youths, designated under 
                paragraph (1)(J)(ii), shall ensure that--
                          ``(i) homeless children and youths are 
                      identified by school personnel through outreach 
                      and coordination activities with other entities 
                      and agencies;
                          ``(ii) homeless children and youths are 
                      enrolled in, and have a full and equal opportunity 
                      to succeed in, schools of that local educational 
                      agency;
                          ``(iii) homeless families and homeless 
                      children and youths have access to and receive 
                      educational services for which such families, 
                      children, and youths are eligible, including 
                      services through Head Start programs (including 
                      Early Head Start programs) under the Head Start 
                      Act (42 U.S.C. 9831 et seq.), early intervention 
                      services under part C of the Individuals with 
                      Disabilities Education Act (20 U.S.C. 1431 et 
                      seq.), and other preschool programs administered 
                      by the local educational agency;

[[Page 129 STAT. 2133]]

                          ``(iv) homeless families and homeless children 
                      and youths receive referrals to health care 
                      services, dental services, mental health and 
                      substance abuse services, housing services, and 
                      other appropriate services;
                          ``(v) the parents or guardians of homeless 
                      children and youths are informed of the 
                      educational and related opportunities available to 
                      their children and are provided with meaningful 
                      opportunities to participate in the education of 
                      their children;
                          ``(vi) public notice of the educational rights 
                      of homeless children and youths is disseminated in 
                      locations frequented by parents or guardians of 
                      such children and youths, and unaccompanied 
                      youths, including schools, shelters, public 
                      libraries, and soup kitchens, in a manner and form 
                      understandable to the parents and guardians of 
                      homeless children and youths, and unaccompanied 
                      youths;
                          ``(vii) enrollment disputes are mediated in 
                      accordance with paragraph (3)(E);
                          ``(viii) the parent or guardian of a homeless 
                      child or youth, and any unaccompanied youth, is 
                      fully informed of all transportation services, 
                      including transportation to the school of origin, 
                      as described in paragraph (1)(J)(iii), and is 
                      assisted in accessing transportation to the school 
                      that is selected under paragraph (3)(A);
                          ``(ix) school personnel providing services 
                      under this subtitle receive professional 
                      development and other support; and
                          ``(x) unaccompanied youths--
                                    ``(I) are enrolled in school;
                                    ``(II) have opportunities to meet 
                                the same challenging State academic 
                                standards as the State establishes for 
                                other children and youth, including 
                                through implementation of the procedures 
                                under paragraph (1)(F)(ii); and
                                    ``(III) are informed of their status 
                                as independent students under section 
                                480 of the Higher Education Act of 1965 
                                (20 U.S.C. 1087vv) and that the youths 
                                may obtain assistance from the local 
                                educational agency liaison to receive 
                                verification of such status for purposes 
                                of the Free Application for Federal 
                                Student Aid described in section 483 of 
                                such Act (20 U.S.C. 1090).
                    ``(B) Notice.--State Coordinators established under 
                subsection (d)(3) and local educational agencies shall 
                inform school personnel, service providers, advocates 
                working with homeless families, parents and guardians of 
                homeless children and youths, and homeless children and 
                youths of the duties of the local educational agency 
                liaisons, and publish an annually updated list of the 
                liaisons on the State educational agency's website.
                    ``(C) Local and state coordination.--Local 
                educational agency liaisons for homeless children and 
                youths shall, as a part of their duties, coordinate and 
                collaborate with State Coordinators and community and 
                school personnel responsible for the provision of 
                education and

[[Page 129 STAT. 2134]]

                related services to homeless children and youths. Such 
                coordination shall include collecting and providing to 
                the State Coordinator the reliable, valid, and 
                comprehensive data needed to meet the requirements of 
                paragraphs (1) and (3) of subsection (f).
                    ``(D) Homeless status.--A local educational agency 
                liaison designated under paragraph (1)(J)(ii) who 
                receives training described in subsection (f)(6) may 
                affirm, without further agency action by the Department 
                of Housing and Urban Development, that a child or youth 
                who is eligible for and participating in a program 
                provided by the local educational agency, or the 
                immediate family of such a child or youth, who meets the 
                eligibility requirements of this Act for a program or 
                service authorized under title IV, is eligible for such 
                program or service.
            ``(7) Review and revisions.--
                    ``(A) In general.--Each State educational agency and 
                local educational agency that receives assistance under 
                this subtitle shall review and revise any policies that 
                may act as barriers to the identification of homeless 
                children and youths or the enrollment of homeless 
                children and youths in schools that are selected under 
                paragraph (3).
                    ``(B) Consideration.--In reviewing and revising such 
                policies, consideration shall be given to issues 
                concerning transportation, immunization, residency, 
                birth certificates, school records and other 
                documentation, and guardianship.
                    ``(C) Special attention.--Special attention shall be 
                given to ensuring the identification, enrollment, and 
                attendance of homeless children and youths who are not 
                currently attending school.''; and
            (6) by striking subsection (h).
SEC. 9103. LOCAL EDUCATIONAL AGENCY SUBGRANTS.

    Section 723 of such Act (42 U.S.C. 11433) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``facilitating the 
                enrollment,'' and inserting ``facilitating the 
                identification, enrollment,'';
                    (B) in paragraph (2)(B), in the matter preceding 
                clause (i), by inserting ``the related'' before 
                ``schools''; and
                    (C) by adding at the end the following:
            ``(4) Duration of grants.--Subgrants made under this section 
        shall be for terms of not to exceed 3 years.'';
            (2) in subsection (b), by adding at the end the following:
            ``(6) An assurance that the local educational agency will 
        collect and promptly provide data requested by the State 
        Coordinator pursuant to paragraphs (1) and (3) of section 
        722(f).
            ``(7) An assurance that the local educational agency will 
        meet the requirements of section 722(g)(3).'';
            (3) in subsection (c)--
                    (A) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``preschool, elementary, and secondary 
                      schools'' and inserting ``early childhood 
                      education and other preschool programs, elementary 
                      schools, and secondary schools,'';

[[Page 129 STAT. 2135]]

                          (ii) in subparagraph (A), by inserting 
                      ``identification,'' before ``enrollment,'';
                          (iii) in subparagraph (B), by striking 
                      ``application--'' and all that follows and 
                      inserting ``application reflects coordination with 
                      other local and State agencies that serve homeless 
                      children and youths.''; and
                          (iv) in subparagraph (C), by inserting ``(as 
                      of the date of submission of the application)'' 
                      after ``practice'';
                    (B) in paragraph (3)--
                          (i) in subparagraph (C), by inserting ``extent 
                      to which the applicant will promote meaningful'' 
                      after ``The'';
                          (ii) in subparagraph (D), by striking 
                      ``within'' and inserting ``into'';
                          (iii) by redesignating subparagraph (G) as 
                      subparagraph (I);
                          (iv) by inserting after subparagraph (F) the 
                      following:
                    ``(G) The extent to which the local educational 
                agency will use the subgrant to leverage resources, 
                including by maximizing nonsubgrant funding for the 
                position of the liaison described in section 
                722(g)(1)(J)(ii) and the provision of transportation.
                    ``(H) How the local educational agency will use 
                funds to serve homeless children and youths under 
                section 1113(c)(3) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6313(c)(3)).''; and
                          (v) in subparagraph (I), as redesignated by 
                      clause (iii), by striking ``Such'' and inserting 
                      ``The extent to which the applicant's program 
                      meets such''; and
                    (C) by striking paragraph (4); and
            (4) in subsection (d)--
                    (A) in paragraph (1), by striking ``the same 
                challenging State academic content standards and 
                challenging State student academic achievement 
                standards'' and inserting ``the same challenging State 
                academic standards as'';
                    (B) in paragraph (2)--
                          (i) by striking ``students with limited 
                      English proficiency'' and inserting ``English 
                      learners''; and
                          (ii) by striking ``vocational'' and inserting 
                      ``career'';
                    (C) in paragraph (3), by striking ``pupil services'' 
                and inserting ``specialized instructional support'';
                    (D) in paragraph (7), by striking ``and 
                unaccompanied youths,'' and inserting ``particularly 
                homeless children and youths who are not enrolled in 
                school,'';
                    (E) in paragraph (9) by striking ``medical'' and 
                inserting ``other required health'';
                    (F) in paragraph (10)--
                          (i) by striking ``parents'' and inserting 
                      ``parents and guardians''; and
                          (ii) by inserting before the period at the end 
                      ``, and other activities designed to increase the 
                      meaningful involvement of parents and guardians of 
                      homeless children or youths in the education of 
                      such children or youths'';
                    (G) in paragraph (12), by striking ``pupil 
                services'' and inserting ``specialized instructional 
                support services'';

[[Page 129 STAT. 2136]]

                    (H) in paragraph (13), by inserting before the 
                period at the end ``and parental mental health or 
                substance abuse problems''; and
                    (I) in paragraph (16), by inserting before the 
                period at the end ``and participate fully in school 
                activities''.
SEC. 9104. SECRETARIAL RESPONSIBILITIES.

    Section 724 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11434) is amended--
            (1) by striking subsection (c) and inserting the following:

    ``(c) Notice.--
            ``(1) In general.--The Secretary shall, before the next 
        school year that begins after the date of enactment of the Every 
        Student Succeeds Act, update and disseminate nationwide the 
        public notice described in this subsection (as in effect prior 
        to such date) of the educational rights of homeless children and 
        youths.
            ``(2) Dissemination.--The Secretary shall disseminate the 
        notice nationwide to all Federal agencies, and grant recipients, 
        serving homeless families or homeless children and youths.'';
            (2) by striking subsection (d) and inserting the following:

    ``(d) Evaluation, Dissemination, and Technical Assistance.--The 
Secretary shall conduct evaluation, dissemination, and technical 
assistance activities for programs designed to meet the educational 
needs of homeless elementary and secondary school students, and may use 
funds appropriated under section 726 to conduct such activities.'';
            (3) in subsection (e)--
                    (A) by striking ``60-day'' and inserting ``120-
                day''; and
                    (B) by striking ``120-day'' and inserting ``180-
                day'';
            (4) in subsection (f), by adding at the end the following: 
        ``The Secretary shall provide support and technical assistance 
        to State educational agencies, concerning areas in which 
        documented barriers to a free appropriate public education 
        persist.'';
            (5) by striking subsection (g) and inserting the following:

    ``(g) Guidelines.--The Secretary shall develop, issue, and publish 
in the Federal Register, not later than 60 days after the date of 
enactment of the Every Student Succeeds Act, guidelines concerning ways 
in which a State--
            ``(1) may assist local educational agencies to implement the 
        provisions related to homeless children and youths amended by 
        that Act; and
            ``(2) may review and revise State policies and procedures 
        that may present barriers to the identification of homeless 
        children and youths, and the enrollment, attendance, and success 
        of homeless children and youths in school.'';
            (6) in subsection (h)(1)(A)--
                    (A) by striking ``location'' and inserting ``primary 
                nighttime residence''; and
                    (B) by inserting ``in all areas served by local 
                educational agencies'' before the semicolon at the end; 
                and
            (7) in subsection (i), by striking ``McKinney-Vento Homeless 
        Education Assistance Improvements Act of 2001'' and inserting 
        ``Every Student Succeeds Act''.
SEC. 9105. DEFINITIONS.

    (a) Amendments.--Section 725 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11434a) is amended--

[[Page 129 STAT. 2137]]

            (1) in paragraph (2)(B)(i)--
                    (A) by inserting ``or'' before ``are abandoned''; 
                and
                    (B) by striking ``or are awaiting foster care 
                placement;'';
            (2) in paragraph (3), by striking ``9101'' and inserting 
        ``8101''; and
            (3) in paragraph (6), by striking ``youth not'' and 
        inserting ``homeless child or youth not''.

    (b) Effective Date.--
            (1) <<NOTE: 42 USC 1143a note.>> In general.--In the case of 
        a State that is not a covered State, the amendment made by 
        subsection (a)(1) shall take effect on the date that is 1 year 
        after the date of enactment of this Act.
            (2) Covered state.--In the case of a covered State, the 
        amendment made by subsection (a)(1) shall take effect on the 
        date that is 2 years after the date of enactment of this Act.

    (c) <<NOTE: 42 USC 1143a note.>> Covered State.--For purposes of 
this section the term ``covered State'' means a State that has a 
statutory law that defines or describes the phrase ``awaiting foster 
care placement'', for purposes of a program under subtitle B of title 
VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et 
seq.).
SEC. 9106. AUTHORIZATION OF APPROPRIATIONS.

    Section 726 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11435) is amended to read as follows:
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this subtitle 
$85,000,000 for each of fiscal years 2017 through 2020.''.
SEC. 9107. <<NOTE: 42 USC 11431 note.>> EFFECTIVE DATE.

    Except as provided in section 9105(b) or as otherwise provided in 
this Act, this title and the amendments made by this title take effect 
on October 1, 2016.

                    PART B--MISCELLANEOUS; OTHER LAWS

SEC. 9201. FINDINGS AND SENSE OF CONGRESS ON SEXUAL MISCONDUCT.

    (a) Findings.--Congress finds the following:
            (1) There are significant anecdotal reports that some 
        schools and local educational agencies have failed to properly 
        report allegations of sexual misconduct by employees, 
        contractors, or agents.
            (2) Instead of reporting alleged sexual misconduct to the 
        appropriate authorities, such as the police or child welfare 
        services, reports suggest that some schools or local educational 
        agencies have kept information on allegations of sexual 
        misconduct private or have entered into confidentiality 
        agreements with the suspected employee, contractor, or agent who 
        agrees to terminate employment with or discontinue work for the 
        school or local educational agency.
            (3) The practice of withholding information on allegations 
        of sexual misconduct can facilitate the exposure of other 
        students in other jurisdictions to sexual misconduct.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) confidentiality agreements between local educational 
        agencies or schools and child predators should be prohibited;

[[Page 129 STAT. 2138]]

            (2) local educational agencies or schools should not 
        facilitate the transfer of child predators to other local 
        educational agencies or schools; and
            (3) States should require local educational agencies and 
        schools to report any and all information regarding allegations 
        of sexual misconduct to law enforcement and other appropriate 
        authorities.
SEC. 9202. SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS.

    It is the sense of Congress that a student, teacher, school 
administrator, or other school employee of an elementary school or 
secondary school retains the individual's rights under the First 
Amendment to the Constitution of the United States during the school day 
or while on the grounds of an elementary school or secondary school.
SEC. 9203. <<NOTE: 20 USC 7933.>> PREVENTING IMPROPER USE OF 
                          TAXPAYER FUNDS.

    To address the misuse of taxpayer funds, the Secretary of Education 
shall--
            (1) require that each recipient of a grant or subgrant under 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6301 et seq.) display, in a public place, the hotline contact 
        information of the Office of Inspector General of the Department 
        of Education so that any individual who observes, detects, or 
        suspects improper use of taxpayer funds can easily report such 
        improper use;
            (2) annually notify employees of the Department of Education 
        of their responsibility to report fraud; and
            (3) require any applicant--
                    (A) for a grant under such Act to provide an 
                assurance to the Secretary that any information 
                submitted when applying for such grant and responding to 
                monitoring and compliance reviews is truthful and 
                accurate; and
                    (B) for a subgrant under such Act to provide the 
                assurance described in subparagraph (A) to the entity 
                awarding the subgrant.
SEC. 9204. <<NOTE: 20 USC 7934.>> ACCOUNTABILITY TO TAXPAYERS 
                          THROUGH MONITORING AND OVERSIGHT.

    To improve monitoring and oversight of taxpayer funds authorized for 
appropriation under the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6301 et seq.), and to deter and prohibit waste, fraud, and 
abuse with respect to such funds, the Secretary of Education shall--
            (1) notify each recipient of a grant under such Act (and, if 
        applicable, require the grantee to inform each subgrantee) of 
        its responsibility to--
                    (A) comply with all monitoring requirements under 
                the applicable program or programs; and
                    (B) monitor properly any subgrantee under the 
                applicable program or programs;
            (2) review and analyze the results of monitoring and 
        compliance reviews--
                    (A) to understand trends and identify common issues; 
                and
                    (B) to issue guidance to help grantees address such 
                issues before the loss or misuse of taxpayer funding 
                occurs;

[[Page 129 STAT. 2139]]

            (3) publicly report the work undertaken by the Secretary to 
        prevent fraud, waste, and abuse with respect to such taxpayer 
        funds; and
            (4) work with the Office of Inspector General of the 
        Department of Education, as needed, to help ensure that 
        employees of the Department understand how to adequately monitor 
        grantees and to help grantees adequately monitor any 
        subgrantees.
SEC. 9205. REPORT ON DEPARTMENT ACTIONS TO ADDRESS OFFICE OF 
                          INSPECTOR GENERAL REPORTS.

    (a) In General.--Not later than 6 months after the date of enactment 
of this Act, the Secretary of Education shall prepare and submit to the 
Committee on Health, Education, Labor, and Pensions of the Senate, the 
Committee on Education and the Workforce of the House of 
Representatives, and the public through the website of the Department of 
Education, a report containing an update on the Department's 
implementation of recommendations contained in reports from the Office 
of Inspector General of the Department of Education.
    (b) Contents.--The report under subsection (a) shall include--
            (1) a general review of the work of the Department of 
        Education to implement or address findings contained in reports 
        from the Office of Inspector General of the Department of 
        Education to improve monitoring and oversight of Federal 
        programs, including--
                    (A) the March 9, 2010, final management information 
                report of the Office of Inspector General of the 
                Department of Education addressing oversight by local 
                educational agencies and authorized public chartering 
                agencies; and
                    (B) the September 2012 report of the Office of 
                Inspector General of the Department of Education 
                entitled ``The Office of Innovation and Improvement's 
                Oversight and Monitoring of the Charter Schools 
                Program's Planning and Implementation Grants Final Audit 
                Report''; and
            (2) a description of the actions the Department of Education 
        has taken to address the concerns described in reports of the 
        Office of Inspector General of the Department of Education, 
        including the reports described in paragraph (1).
SEC. 9206. POSTHUMOUS PARDON.

    (a) Findings.--Congress finds the following:
            (1) John Arthur ``Jack'' Johnson was a flamboyant, defiant, 
        and controversial figure in the history of the United States who 
        challenged racial biases.
            (2) Jack Johnson was born in Galveston, Texas, in 1878 to 
        parents who were former slaves.
            (3) Jack Johnson became a professional boxer and traveled 
        throughout the United States, fighting White and African-
        American heavyweights.
            (4) After being denied (on purely racial grounds) the 
        opportunity to fight 2 White champions, in 1908, Jack Johnson 
        was granted an opportunity by an Australian promoter to fight 
        the reigning White title-holder, Tommy Burns.
            (5) Jack Johnson defeated Tommy Burns to become the first 
        African-American to hold the title of Heavyweight Champion of 
        the World.

[[Page 129 STAT. 2140]]

            (6) The victory by Jack Johnson over Tommy Burns prompted a 
        search for a White boxer who could beat Jack Johnson, a 
        recruitment effort that was dubbed the search for the ``great 
        white hope''.
            (7) In 1910, a White former champion named Jim Jeffries left 
        retirement to fight Jack Johnson in Reno, Nevada.
            (8) Jim Jeffries lost to Jack Johnson in what was deemed the 
        ``Battle of the Century''.
            (9) The defeat of Jim Jeffries by Jack Johnson led to 
        rioting, aggression against African-Americans, and the racially-
        motivated murder of African-Americans throughout the United 
        States.
            (10) The relationships of Jack Johnson with White women 
        compounded the resentment felt toward him by many Whites.
            (11) Between 1901 and 1910, 754 African-Americans were 
        lynched, some simply for being ``too familiar'' with White 
        women.
            (12) In 1910, Congress passed the Act of June 25, 1910 
        (commonly known as the ``White Slave Traffic Act'' or the ``Mann 
        Act'') (18 U.S.C. 2421 et seq.), which outlawed the 
        transportation of women in interstate or foreign commerce ``for 
        the purpose of prostitution or debauchery, or for any other 
        immoral purpose''.
            (13) In October 1912, Jack Johnson became involved with a 
        White woman whose mother disapproved of their relationship and 
        sought action from the Department of Justice, claiming that Jack 
        Johnson had abducted her daughter.
            (14) Jack Johnson was arrested by Federal marshals on 
        October 18, 1912, for transporting the woman across State lines 
        for an ``immoral purpose'' in violation of the Mann Act.
            (15) The Mann Act charges against Jack Johnson were dropped 
        when the woman refused to cooperate with Federal authorities, 
        and then married Jack Johnson.
            (16) Federal authorities persisted and summoned a White 
        woman named Belle Schreiber, who testified that Jack Johnson had 
        transported her across State lines for the purpose of 
        ``prostitution and debauchery''.
            (17) In 1913, Jack Johnson was convicted of violating the 
        Mann Act and sentenced to 1 year and 1 day in Federal prison.
            (18) Jack Johnson fled the United States to Canada and 
        various European and South American countries.
            (19) Jack Johnson lost the Heavyweight Championship title to 
        Jess Willard in Cuba in 1915.
            (20) Jack Johnson returned to the United States in July 
        1920, surrendered to authorities, and served nearly a year in 
        the Federal penitentiary in Leavenworth, Kansas.
            (21) Jack Johnson subsequently fought in boxing matches, but 
        never regained the Heavyweight Championship title.
            (22) Jack Johnson served the United States during World War 
        II by encouraging citizens to buy war bonds and participating in 
        exhibition boxing matches to promote the war bond cause.
            (23) Jack Johnson died in an automobile accident in 1946.
            (24) In 1954, Jack Johnson was inducted into the Boxing Hall 
        of Fame.
            (25) Senate Concurrent Resolution 29, 111th Congress, agreed 
        to July 29, 2009, expressed the sense of the 111th

[[Page 129 STAT. 2141]]

        Congress that Jack Johnson should receive a posthumous pardon 
        for his racially-motivated 1913 conviction.

    (b) Recommendations.--It remains the sense of Congress that Jack 
Johnson should receive a posthumous pardon--
            (1) to expunge a racially-motivated abuse of the 
        prosecutorial authority of the Federal Government from the 
        annals of criminal justice in the United States; and
            (2) in recognition of the athletic and cultural 
        contributions of Jack Johnson to society.
SEC. 9207. EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999 
                          REAUTHORIZATION.

    (a) Definitions.--Section 3(1) of the Education Flexibility 
Partnership Act of 1999 (20 U.S.C. 5891a(1)) is amended--
            (1) in the paragraph heading, by striking ``Local'' and 
        inserting ``Educational service agency; local'';
            (2) by striking ``The terms'' and inserting ``The terms 
        `educational service agency',''; and
            (3) by striking ``section 9101'' and inserting ``section 
        8101''.

    (b) General Provisions.--Section 4 of the Education Flexibility 
Partnership Act of 1999 (20 U.S.C. 5891b) is amended to read as follows:
``SEC. 4. EDUCATIONAL FLEXIBILITY PROGRAM.

    ``(a) Educational Flexibility Program.--
            ``(1) Program authorized.--
                    ``(A) In general.--The Secretary may carry out an 
                educational flexibility program under which the 
                Secretary authorizes a State educational agency that 
                serves an eligible State to waive statutory or 
                regulatory requirements applicable to one or more 
                programs described in subsection (b), other than 
                requirements described in subsection (c), for any local 
                educational agency, educational service agency, or 
                school within the State.
                    ``(B) Designation.--Each eligible State 
                participating in the program described in subparagraph 
                (A) shall be known as an `Ed-Flex Partnership State'.
            ``(2) Eligible state.--For the purpose of this section, the 
        term `eligible State' means a State that--
                    ``(A) has--
                          ``(i) developed and implemented the 
                      challenging State academic standards, and aligned 
                      assessments, described in paragraphs (1) and (2) 
                      of section 1111(b) of the Elementary and Secondary 
                      Education Act of 1965, and is producing the report 
                      cards required by section 1111(h) of such Act; or
                          ``(ii) if the State has adopted new 
                      challenging State academic standards under section 
                      1111(b)(1) of the Elementary and Secondary 
                      Education Act of 1965, as a result of the 
                      amendments made to such Act by the Every Student 
                      Succeeds Act, made substantial progress (as 
                      determined by the Secretary) toward developing and 
                      implementing such standards and toward producing 
                      the report cards required under section 1111(h) of 
                      such Act;
                    ``(B) will hold local educational agencies, 
                educational service agencies, and schools accountable 
                for meeting the

[[Page 129 STAT. 2142]]

                educational goals described in the local applications 
                submitted under paragraph (4) and for engaging in 
                technical assistance and, as applicable and appropriate, 
                implementing comprehensive support and improvement 
                activities and targeted support and improvement 
                activities under section 1111(d) of the Elementary and 
                Secondary Education Act of 1965; and
                    ``(C) waives State statutory or regulatory 
                requirements relating to education while holding local 
                educational agencies, educational service agencies, or 
                schools within the State that are affected by such 
                waivers accountable for the performance of the students 
                who are affected by such waivers.
            ``(3) State application.--
                    ``(A) In general.--Each State educational agency 
                desiring to participate in the educational flexibility 
                program under this section shall submit an application 
                to the Secretary at such time, in such manner, and 
                containing such information as the Secretary may 
                reasonably require. Each such application shall 
                demonstrate that the eligible State has adopted an 
                educational flexibility plan for the State that 
                includes--
                          ``(i) a description of the process the State 
                      educational agency will use to evaluate 
                      applications from local educational agencies, 
                      educational service agencies, or schools 
                      requesting waivers of--
                                    ``(I) Federal statutory or 
                                regulatory requirements as described in 
                                paragraph (1)(A); and
                                    ``(II) State statutory or regulatory 
                                requirements relating to education;
                          ``(ii) a detailed description of the State 
                      statutory and regulatory requirements relating to 
                      education that the State educational agency will 
                      waive;
                          ``(iii) a description of clear educational 
                      objectives the State intends to meet under the 
                      educational flexibility plan, which may include 
                      innovative methods to leverage resources to 
                      improve program efficiencies that benefit 
                      students;
                          ``(iv) a description of how the educational 
                      flexibility plan is coordinated with activities 
                      described in subsections (b), (c), and (d) of 
                      section 1111 of the Elementary and Secondary 
                      Education Act of 1965;
                          ``(v) a description of how the State 
                      educational agency will evaluate (consistent with 
                      the requirements of title I of the Elementary and 
                      Secondary Education Act of 1965) the performance 
                      of students in the schools, educational service 
                      agencies, and local educational agencies affected 
                      by the waivers; and
                          ``(vi) a description of how the State 
                      educational agency will meet the requirements of 
                      paragraph (7).
                    ``(B) Approval and considerations.--
                          ``(i) In general.--By not later than 90 days 
                      after the date on which a State has submitted an 
                      application described in subparagraph (A), the 
                      Secretary shall issue a written decision that 
                      explains why such application has been approved or 
                      disapproved, and the process

[[Page 129 STAT. 2143]]

                      for revising and resubmitting the application for 
                      reconsideration.
                          ``(ii) Approval.--The Secretary may approve an 
                      application described in subparagraph (A) only if 
                      the Secretary determines that such application 
                      demonstrates substantial promise of assisting the 
                      State educational agency and affected local 
                      educational agencies, educational service 
                      agencies, and schools within the State in carrying 
                      out comprehensive educational reform, after 
                      considering--
                                    ``(I) the eligibility of the State 
                                as described in paragraph (2);
                                    ``(II) the comprehensiveness and 
                                quality of the educational flexibility 
                                plan described in subparagraph (A);
                                    ``(III) the ability of the 
                                educational flexibility plan to ensure 
                                accountability for the activities and 
                                goals described in such plan;
                                    ``(IV) the degree to which the 
                                State's objectives described in 
                                subparagraph (A)(iii)--
                                            ``(aa) are clear and have 
                                        the ability to be assessed; and
                                            ``(bb) take into account the 
                                        performance of local educational 
                                        agencies, educational service 
                                        agencies, or schools, and 
                                        students, particularly those 
                                        affected by waivers;
                                    ``(V) the significance of the State 
                                statutory or regulatory requirements 
                                relating to education that will be 
                                waived; and
                                    ``(VI) the quality of the State 
                                educational agency's process for 
                                approving applications for waivers of 
                                Federal statutory or regulatory 
                                requirements as described in paragraph 
                                (1)(A) and for monitoring and evaluating 
                                the results of such waivers.
            ``(4) Local application.--
                    ``(A) In general.--Each local educational agency, 
                educational service agency, or school requesting a 
                waiver of a Federal statutory or regulatory requirement 
                as described in paragraph (1)(A) and any relevant State 
                statutory or regulatory requirement from a State 
                educational agency shall submit an application to the 
                State educational agency at such time, in such manner, 
                and containing such information as the State educational 
                agency may reasonably require. Each such application 
                shall--
                          ``(i) indicate each Federal program affected 
                      and each statutory or regulatory requirement that 
                      will be waived;
                          ``(ii) describe the purposes and overall 
                      expected results of waiving each such requirement, 
                      which may include innovative methods to leverage 
                      resources to improve program efficiencies that 
                      benefit students;
                          ``(iii) describe, for each school year, 
                      specific, measurable, educational goals for each 
                      local educational agency, educational service 
                      agency, or school affected by the proposed waiver, 
                      and for the students served

[[Page 129 STAT. 2144]]

                      by the local educational agency, educational 
                      service agency, or school who are affected by the 
                      waiver;
                          ``(iv) explain why the waiver will assist the 
                      local educational agency, educational service 
                      agency, or school in reaching such goals; and
                          ``(v) in the case of an application from a 
                      local educational agency or educational service 
                      agency, describe how the agency will meet the 
                      requirements of paragraph (7).
                    ``(B) Evaluation of applications.--A State 
                educational agency shall evaluate an application 
                submitted under subparagraph (A) in accordance with the 
                State's educational flexibility plan described in 
                paragraph (3)(A).
                    ``(C) Approval.--A State educational agency shall 
                not approve an application for a waiver under this 
                paragraph unless--
                          ``(i) the local educational agency, 
                      educational service agency, or school requesting 
                      such waiver has developed a local reform plan 
                      that--
                                    ``(I) is applicable to such agency 
                                or school, respectively; and
                                    ``(II) may include innovative 
                                methods to leverage resources to improve 
                                program efficiencies that benefit 
                                students;
                          ``(ii) the waiver of Federal statutory or 
                      regulatory requirements as described in paragraph 
                      (1)(A) will assist the local educational agency, 
                      educational service agency, or school in reaching 
                      its educational goals, particularly goals with 
                      respect to school and student performance; and
                          ``(iii) the State educational agency is 
                      satisfied that the underlying purposes of the 
                      statutory requirements of each program for which a 
                      waiver is granted will continue to be met.
                    ``(D) Termination.--The State educational agency 
                shall annually review the performance of any local 
                educational agency, educational service agency, or 
                school granted a waiver of Federal statutory or 
                regulatory requirements as described in paragraph (1)(A) 
                in accordance with the evaluation requirement described 
                in paragraph (3)(A)(v), and shall terminate or 
                temporarily suspend any waiver granted to the local 
                educational agency, educational service agency, or 
                school if the State educational agency determines, after 
                notice and an opportunity for a hearing, that--
                          ``(i) there is compelling evidence of 
                      systematic waste, fraud, or abuse;
                          ``(ii) the performance of the local 
                      educational agency, educational service agency, or 
                      school with respect to meeting the accountability 
                      requirement described in paragraph (2)(C) and the 
                      goals described in subparagraph (A)(iii) has been 
                      inadequate to justify continuation of such waiver;
                          ``(iii) student achievement in the local 
                      educational agency, educational service agency, or 
                      school has decreased; or

[[Page 129 STAT. 2145]]

                          ``(iv) substantial progress has not been made 
                      toward meeting the long-term goals and 
                      measurements of interim progress established by 
                      the State under section 1111(c)(4)(A)(i) of the 
                      Elementary and Secondary Education Act of 1965.
            ``(5) Oversight and reporting.--
                    ``(A) Oversight.--Each State educational agency 
                participating in the educational flexibility program 
                under this section shall annually monitor the activities 
                of local educational agencies, educational service 
                agencies, and schools receiving waivers under this 
                section.
                    ``(B) State reports.--
                          ``(i) Annual reports.--The State educational 
                      agency shall submit to the Secretary an annual 
                      report on the results of such oversight and the 
                      impact of the waivers on school and student 
                      performance.
                          ``(ii) Performance data.--Not later than 2 
                      years after the date a State is designated an Ed-
                      Flex Partnership State, each such State shall 
                      include, as part of the State's annual report 
                      submitted under clause (i), data demonstrating the 
                      degree to which progress has been made toward 
                      meeting the State's educational objectives. The 
                      data, when applicable, shall include--
                                    ``(I) information on the total 
                                number of waivers granted for Federal 
                                and State statutory and regulatory 
                                requirements under this section, 
                                including the number of waivers granted 
                                for each type of waiver;
                                    ``(II) information describing the 
                                effect of the waivers on the 
                                implementation of State and local 
                                educational reforms pertaining to school 
                                and student performance;
                                    ``(III) information describing the 
                                relationship of the waivers to the 
                                performance of schools and students 
                                affected by the waivers; and
                                    ``(IV) an assurance from State 
                                program managers that the data reported 
                                under this section are reliable, 
                                complete, and accurate, as defined by 
                                the State, or a description of a plan 
                                for improving the reliability, 
                                completeness, and accuracy of such data 
                                as defined by the State.
                    ``(C) Secretary's reports.--The Secretary shall 
                annually--
                          ``(i) make each State report submitted under 
                      subparagraph (B) available to Congress and the 
                      public; and
                          ``(ii) submit to Congress a report that 
                      summarizes the State reports and describes the 
                      effects that the educational flexibility program 
                      under this section had on the implementation of 
                      State and local educational reforms and on the 
                      performance of students affected by the waivers.
            ``(6) Duration of federal waivers.--
                    ``(A) In general.--
                          ``(i) Duration.--The Secretary shall approve 
                      the application of a State educational agency 
                      under paragraph (3) for a period of not more than 
                      5 years.

[[Page 129 STAT. 2146]]

                          ``(ii) Automatic extension during review.--The 
                      Secretary shall automatically extend the authority 
                      of a State to continue as an Ed-Flex Partnership 
                      State until the Secretary has--
                                    ``(I) completed the performance 
                                review of the State educational agency's 
                                educational flexibility plan as 
                                described in subparagraph (B); and
                                    ``(II) issued a final decision on 
                                any pending request for renewal that was 
                                submitted by the State educational 
                                agency.
                          ``(iii) Extension of approval.--The Secretary 
                      may extend the authority of a State to continue as 
                      an Ed-Flex Partnership State if the Secretary 
                      determines that the authority of the State 
                      educational agency to grant waivers--
                                    ``(I) has been effective in enabling 
                                such State or affected local educational 
                                agencies, educational service agencies, 
                                or schools to carry out their State or 
                                local reform plans and to continue to 
                                meet the accountability requirement 
                                described in paragraph (2)(C); and
                                    ``(II) has improved student 
                                performance.
                    ``(B) Performance review.--
                          ``(i) In general.--Following the expiration of 
                      an approved educational flexibility program for a 
                      State that is designated an Ed-Flex Partnership 
                      State, the Secretary shall have not more than 180 
                      days to complete a review of the performance of 
                      the State educational agency in granting waivers 
                      of Federal statutory or regulatory requirements as 
                      described in paragraph (1)(A) to determine if the 
                      State educational agency--
                                    ``(I) has achieved, or is making 
                                substantial progress towards achieving, 
                                the objectives described in the 
                                application submitted pursuant to 
                                paragraph (3)(A)(iii) and the specific 
                                long-term goals and measurements of 
                                interim progress established under 
                                section 1111(c)(4)(A)(i) of the 
                                Elementary and Secondary Education Act 
                                of 1965; and
                                    ``(II) demonstrates that local 
                                educational agencies, educational 
                                service agencies, or schools affected by 
                                the waiver authority or waivers have 
                                achieved, or are making progress toward 
                                achieving, the desired goals described 
                                in the application submitted pursuant to 
                                paragraph (4)(A)(iii).
                          ``(ii) Termination of authority.--The 
                      Secretary shall terminate the authority of a State 
                      educational agency to grant waivers of Federal 
                      statutory or regulatory requirements as described 
                      in paragraph (1)(A) if the Secretary determines, 
                      after providing the State educational agency with 
                      notice and an opportunity for a hearing, that such 
                      agency's performance has been inadequate to 
                      justify continuation of such authority based on 
                      such agency's performance against the specific 
                      long-term goals and measurements of interim 
                      progress

[[Page 129 STAT. 2147]]

                      established under section 1111(c)(4)(A)(i) of the 
                      Elementary and Secondary Education Act of 1965.
                    ``(C) Renewal.--
                          ``(i) In general.--Each State educational 
                      agency desiring to renew an approved educational 
                      flexibility program under this section shall 
                      submit a request for renewal to the Secretary not 
                      later than the date of expiration of the approved 
                      educational flexibility program.
                          ``(ii) Timing for renewal.--The Secretary 
                      shall either approve or deny the request for 
                      renewal by not later than 90 days after completing 
                      the performance review of the State described in 
                      subparagraph (B).
                          ``(iii) Determination.--In deciding whether to 
                      extend a request of a State educational agency for 
                      the authority to issue waivers under this section, 
                      the Secretary shall review the progress of the 
                      State educational agency to determine if the State 
                      educational agency--
                                    ``(I) has made progress toward 
                                achieving the objectives described in 
                                the State application submitted pursuant 
                                to paragraph (3)(A)(iii); and
                                    ``(II) demonstrates in the request 
                                that local educational agencies, 
                                educational service agencies, or schools 
                                affected by the waiver authority or 
                                waivers have made progress toward 
                                achieving the desired goals described in 
                                the local application submitted pursuant 
                                to paragraph (4)(A)(iii).
                    ``(D) Termination.--
                          ``(i) In general.--The Secretary shall 
                      terminate or temporarily suspend the authority of 
                      a State educational agency to grant waivers under 
                      this section if the Secretary determines that--
                                    ``(I) there is compelling evidence 
                                of systematic waste, fraud or abuse; or
                                    ``(II) after notice and an 
                                opportunity for a hearing, such agency's 
                                performance (including performance with 
                                respect to meeting the objectives 
                                described in paragraph (3)(A)(iii)) has 
                                been inadequate to justify continuation 
                                of such authority.
                          ``(ii) Limited compliance period.--A State 
                      whose authority to grant such waivers has been 
                      terminated shall have not more than 1 additional 
                      fiscal year to come into compliance in order to 
                      seek renewal of the authority to grant waivers 
                      under this section.
            ``(7) Public notice and comment.--Each State educational 
        agency seeking waiver authority under this section and each 
        local educational agency, educational service agency, or school 
        seeking a waiver under this section--
                    ``(A) shall provide the public with adequate and 
                efficient notice of the proposed waiver authority or 
                waiver, consisting of a description of the agency's 
                application for the proposed waiver authority or waiver 
                on each agency's website, including a description of any 
                improved student performance that is expected to result 
                from the waiver authority or waiver;

[[Page 129 STAT. 2148]]

                    ``(B) shall provide the opportunity for parents, 
                educators, school administrators, and all other 
                interested members of the community to comment regarding 
                the proposed waiver authority or waiver;
                    ``(C) shall provide the opportunity described in 
                subparagraph (B) in accordance with any applicable State 
                law specifying how the comments may be received, and how 
                the comments may be reviewed by any member of the 
                public; and
                    ``(D) shall submit the comments received with the 
                application of the agency or school to the Secretary or 
                the State educational agency, as appropriate.

    ``(b) Included Programs.--The statutory or regulatory requirements 
referred to in subsection (a)(1)(A) are any such requirements for 
programs that are authorized under the following provisions and under 
which the Secretary provides funds to State educational agencies on the 
basis of a formula:
            ``(1) The following provisions of the Elementary and 
        Secondary Education Act of 1965:
                    ``(A) Part A of title I (other than section 1111).
                    ``(B) Part C of title I.
                    ``(C) Part D of title I.
                    ``(D) Part A of title II.
                    ``(E) Part A of title IV.
            ``(2) The Carl D. Perkins Career and Technical Education Act 
        of 2006 (20 U.S.C. 2301 et seq.).

    ``(c) Waivers Not Authorized.--The Secretary and the State 
educational agency may not waive under subsection (a)(1)(A) any 
statutory or regulatory requirement--
            ``(1) relating to--
                    ``(A) maintenance of effort;
                    ``(B) comparability of services;
                    ``(C) equitable participation of students and 
                professional staff in private schools;
                    ``(D) parental participation and involvement;
                    ``(E) distribution of funds to States or to local 
                educational agencies;
                    ``(F) serving eligible school attendance areas in 
                rank order in accordance with section 1113(a)(3) of the 
                Elementary and Secondary Education Act of 1965;
                    ``(G) the selection of a school attendance area or 
                school under subsections (a) and (b) of section 1113 of 
                the Elementary and Secondary Education Act of 1965, 
                except that a State educational agency may grant a 
                waiver to allow a school attendance area or school to 
                participate in activities under part A of title I of 
                such Act if the percentage of children from low-income 
                families in the school attendance area of such school or 
                who attend such school is not less than 10 percentage 
                points below the lowest percentage of such children for 
                any school attendance area or school of the local 
                educational agency that meets the requirements of such 
                subsections;
                    ``(H) use of Federal funds to supplement, not 
                supplant, non-Federal funds; and
                    ``(I) applicable civil rights requirements; and
            ``(2) unless the State educational agency can demonstrate 
        that the underlying purposes of the statutory requirements

[[Page 129 STAT. 2149]]

        of the program for which a waiver is granted continue to be met 
        to the satisfaction of the Secretary.

    ``(d) Treatment of Existing Ed-flex Partnership States.--
            ``(1) In general.--Any designation of a State as an Ed-Flex 
        Partnership State that was in effect on the date of enactment of 
        the Every Student Succeeds Act shall be immediately extended for 
        a period of not more than 5 years, if the Secretary makes the 
        determination described in paragraph (2).
            ``(2) Determination.--The determination referred to in 
        paragraph (1) is a determination that the performance of the 
        State educational agency, in carrying out the programs for which 
        the State has received a waiver under the educational 
        flexibility program, justifies the extension of the designation.

    ``(e) Publication.--A notice of the Secretary's decision to 
authorize State educational agencies to issue waivers under this 
section, including a description of the rationale the Secretary used to 
approve applications under subsection (a)(3)(B), shall be published in 
the Federal Register and the Secretary shall provide for the 
dissemination of such notice to State educational agencies, interested 
parties (including educators, parents, students, and advocacy and civil 
rights organizations), and the public.''.
SEC. 9208. REPORT ON THE REDUCTION OF THE NUMBER AND PERCENTAGE OF 
                          STUDENTS WHO DROP OUT OF SCHOOL.

    Not later than 5 years after the date of enactment of this Act, the 
Director of the Institute of Education Sciences shall evaluate the 
impact of section 1111(g)(1)(D) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(g)(1)(D)) on reducing the number 
and percentage of students who drop out of school.
SEC. 9209. REPORT ON SUBGROUP SAMPLE SIZE.

    (a) Report.--Not later than 90 days after the date of enactment of 
this Act, the Director of the Institute of Education Sciences shall 
publish a report on--
            (1) best practices for determining valid, reliable, and 
        statistically significant minimum numbers of students for each 
        of the subgroups of students, as defined in section 1111(c)(2) 
        of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6311(c)(2)), as amended by this Act, for the purposes of 
        inclusion as subgroups of students in an accountability system 
        described in section 1111(c) of such Act (20 U.S.C. 6311(c)), as 
        amended by this Act; and
            (2) how such minimum number that is determined will not 
        reveal personally identifiable information about students.

    (b) Public Dissemination.--The Director of the Institute of 
Education Sciences shall work with the Department of Education's 
technical assistance providers and dissemination networks to ensure that 
such report is widely disseminated--
            (1) to the public, State educational agencies, local 
        educational agencies, and schools; and
            (2) through electronic transfer and other means, such as 
        posting the report on the website of the Institute of Education 
        Sciences or in another relevant place.

    (c) Prohibition Against Recommendation.--In carrying out this 
section, the Director of the Institute of Education Sciences shall not 
recommend any specific minimum number of students for each of the 
subgroups of students, as defined in section 1111(c)(2)

[[Page 129 STAT. 2150]]

of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6311(c)(2)), as amended by this Act.
SEC. 9210. REPORT ON STUDENT HOME ACCESS TO DIGITAL LEARNING 
                          RESOURCES.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Director of the Institute of Education 
Sciences shall complete a study on the educational impact of access to 
digital learning resources outside of the classroom.
    (b) Contents.--The study described in subsection (a) shall include--
            (1) an analysis of student habits related to digital 
        learning resources outside of the classroom, including the 
        location and types of devices and technologies that students use 
        for educational purposes;
            (2) an identification of the barriers students face in 
        accessing digital learning resources outside of the classroom;
            (3) a description of the challenges students who lack home 
        Internet access face, including challenges related to--
                    (A) student participation and engagement in the 
                classroom; and
                    (B) homework completion;
            (4) an analysis of how the barriers and challenges such 
        students face impact the instructional practice of educators; 
        and
            (5) a description of the ways in which State educational 
        agencies, local educational agencies, schools, and other 
        entities, including partnerships of such entities, have 
        developed effective means to address the barriers and challenges 
        students face in accessing digital learning resources outside of 
        the classroom.

    (c) Public Dissemination.--The Director of the Institute of 
Education Sciences shall widely disseminate the findings of the study 
described in subsection (a)--
            (1) in a timely fashion to the public and the Committee on 
        Education and the Workforce of the House of Representatives and 
        the Committee on Health, Education, Labor, and Pensions of the 
        Senate; and
            (2) through electronic transfer and other means, such as 
        posting, as available, to the website of the Institute of 
        Education Sciences or the Department of Education.
SEC. 9211. STUDY ON THE TITLE I FORMULA.

    (a) Findings.--Congress finds the following:
            (1) Part A of title I of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6311 et seq.) provides funding 
        to local educational agencies through four separate formulas 
        that have been added to the law over time, and which have 
        ``distinct allocation patterns, providing varying shares of 
        allocated funds to different types of local educational agencies 
        or States,'' according to a 2015 report from the Congressional 
        Research Service.
            (2) Minimal effort has been made by the Federal Government 
        to determine if the four formulas are adequately delivering 
        funds to local educational agencies with the highest 
        districtwide poverty averages.
            (3) The formulas for distributing Targeted Grants and 
        Education Finance Incentive grants use two weighting systems,

[[Page 129 STAT. 2151]]

        one based on the percentage of children included in the 
        determination of grants to local educational agencies 
        (percentage weighting), and another based on the absolute number 
        of such children (number weighting). Both weighting systems have 
        five quintiles with a roughly equal number of children in each 
        quintile. Whichever of these weighting systems results in the 
        highest total weighted formula child count for a local 
        educational agency is the weighting system used for that agency 
        in the final allocation of Targeted and Education Finance 
        Incentive Grant funds.
            (4) The Congressional Research Service has also said the 
        number weighting alternative is generally more favorable to 
        large local educational agencies with much larger geographic 
        boundaries and larger counts of eligible children than smaller 
        local educational agencies with smaller counts, but potentially 
        higher percentages, of eligible children, because large local 
        educational agencies have many more children in the higher 
        weighted quintiles.
            (5) In local educational agencies that are classified by the 
        National Center for Education Statistics as ``Large City'', 47 
        percent of all students attend schools with 75 percent or higher 
        poverty.

    (b) Study.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Director of the Institute of 
        Education Sciences shall complete a study on the effectiveness 
        of the four part A of title I formulas, described in subsection 
        (a), to deliver funds to the most economically disadvantaged 
        communities.
            (2) Contents.--The study described in paragraph (1) shall 
        include--
                    (A) an analysis of the distribution of part A of 
                title I funds under the four formulas;
                    (B) an analysis of how part A of title I funds are 
                distributed among local educational agencies in each of 
                the 12 locale types classified by the National Center on 
                Education Statistics.
                    (C) the extent to which the four formulas unduly 
                benefit or unduly disadvantage any of the local 
                educational agencies described in subparagraph (B);
                    (D) the extent to which the four formulas unduly 
                benefit or unduly disadvantage high-poverty eligible 
                school attendance areas in the local educational 
                agencies described in subparagraph (B);
                    (E) the extent to which the four formulas unduly 
                benefit or unduly disadvantage lower population local 
                educational agencies with relatively high percentages of 
                districtwide poverty;
                    (F) the impact of number weighting and percentage 
                weighting in the formulas for distributing Targeted 
                Grants and Education Finance Incentive Grants on each of 
                the local educational agencies described in subparagraph 
                (B);
                    (G) the impact of number weighting and percentage 
                weighting on targeting part A of title I funds to 
                eligible school attendance areas with the highest 
                concentrations of poverty in local educational agencies 
                described in subparagraph (B), and local educational 
                agencies described

[[Page 129 STAT. 2152]]

                in subparagraph (B) with higher percentages of 
                districtwide poverty;
                    (H) an analysis of other studies and reports 
                produced by public and non-public entities examining the 
                distribution of part A of title I funds under the four 
                formulas; and
                    (I) recommendations, as appropriate, for amending or 
                consolidating the formulas to better target part A of 
                title I funds to the most economically disadvantaged 
                communities and most economically disadvantaged eligible 
                school attendance areas.
            (3) Public dissemination.--The Director of the Institute of 
        Education Sciences shall widely disseminate the findings of the 
        study conducted under this section--
                    (A) in a timely fashion;
                    (B) to--
                          (i) the public; and
                          (ii) the Committee on Education and the 
                      Workforce of the House of Representatives and the 
                      Committee on Health, Education, Labor, and 
                      Pensions of the Senate; and
                    (C) through electronic transfer and other means, 
                such as posting to the website of the Institute of 
                Education Sciences or the Department of Education.
SEC. 9212. <<NOTE: 42 USC 9831 note.>> PRESCHOOL DEVELOPMENT 
                          GRANTS.

    (a) Purposes.--The purposes of this section are--
            (1) to assist States to develop, update, or implement a 
        strategic plan that facilitates collaboration and coordination 
        among existing programs of early childhood care and education in 
        a mixed delivery system across the State designed to prepare 
        low-income and disadvantaged children to enter kindergarten and 
        to improve transitions from such system into the local 
        educational agency or elementary school that enrolls such 
        children, by--
                    (A) more efficiently using existing Federal, State, 
                local, and non-governmental resources to align and 
                strengthen the delivery of existing programs;
                    (B) coordinating the delivery models and funding 
                streams existing in the State's mixed delivery system; 
                and
                    (C) developing recommendations to better use 
                existing resources in order to improve--
                          (i) the overall participation of children in a 
                      mixed delivery system of Federal, State, and local 
                      early childhood education programs;
                          (ii) program quality while maintaining 
                      availability of services;
                          (iii) parental choice among existing programs; 
                      and
                          (iv) school readiness for children from low-
                      income and disadvantaged families, including 
                      during such children's transition into elementary 
                      school;
            (2) to encourage partnerships among Head Start providers, 
        State and local governments, Indian tribes and tribal 
        organizations, private entities (including faith- and community-
        based entities), and local educational agencies, to improve 
        coordination, program quality, and delivery of services; and
            (3) to maximize parental choice among a mixed delivery 
        system of early childhood education program providers.

[[Page 129 STAT. 2153]]

    (b) Definitions.--In this section:
            (1) ESEA definitions.--The terms ``elementary school'', 
        ``local educational agency'', and ``State'' have the meanings 
        given the terms in section 8101 of the Elementary and Secondary 
        Education Act of 1965.
            (2) Center of excellence in early childhood.--The term 
        ``Center of Excellence in Early Childhood'' means a Center of 
        Excellence in Early Childhood designated under section 657B(b) 
        of the Head Start Act (42 U.S.C. 9852b(b)).
            (3) Early childhood education program.--The term ``early 
        childhood education program'' has the meaning given the term in 
        section 103 of the Higher Education Act of 1965 (20 U.S.C. 
        1003).
            (4) Existing program.--The term ``existing program'' means a 
        Federal, State, local, or privately-funded early childhood 
        education program that--
                    (A) was operating in the State on the day before the 
                date of enactment of this Act; or
                    (B) began operating in the State at any time on or 
                after the date of enactment of this Act through funds 
                that were not provided by a grant under this section.
            (5) Mixed delivery system.--The term ``mixed delivery 
        system'' means a system--
                    (A) of early childhood education services that are 
                delivered through a combination of programs, providers, 
                and settings (such as Head Start, licensed family and 
                center-based child care programs, public schools, and 
                community-based organizations); and
                    (B) that is supported with a combination of public 
                funds and private funds.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (7) State advisory council.--The term ``State Advisory 
        Council'' means a State Advisory Council on Early Childhood 
        Education and Care designated or established under section 
        642B(b)(1)(A) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)).

    (c) Grants Authorized.--
            (1) In general.--From amounts made available under 
        subsection (k), the Secretary, jointly with the Secretary of 
        Education, shall award grants to States to enable the States to 
        carry out the activities described in subsection (f).
            (2) Award basis.--Grants under this subsection shall be 
        awarded--
                    (A) on a competitive basis; and
                    (B) with priority for States that meet the 
                requirements of subsection (e)(3).
            (3) Duration of grants.--A grant awarded under paragraph (1) 
        shall be for a period of not more than 1 year and may be renewed 
        by the Secretary, jointly with the Secretary of Education, under 
        subsection (g).
            (4) Matching requirement.--Each State that receives a grant 
        under this section shall provide funds from non-Federal sources 
        (which may be provided in cash or in kind) to carry out the 
        activities supported by the grant, in an amount equal to not 
        less than 30 percent of the amount of such grant.

    (d) Initial Application.--A State desiring a grant under subsection 
(c)(1) shall submit an application at such time and in such

[[Page 129 STAT. 2154]]

manner as the Secretary may reasonably require. The application shall 
contain--
            (1) an identification of the State entity that the Governor 
        of the State has appointed to be responsible for duties under 
        this section;
            (2) a description of how such State entity proposes to 
        accomplish the activities described in subsection (f) and meet 
        the purposes of this section described in subsection (a), 
        including--
                    (A) a timeline for strategic planning activities; 
                and
                    (B) a description of how the strategic planning 
                activities and the proposed activities described in 
                subsection (f) will increase participation of children 
                from low-income and disadvantaged families in high-
                quality early childhood education and preschool programs 
                as a result of the grant;
            (3) a description of the Federal, State, and local existing 
        programs in the State for which such State entity proposes to 
        facilitate activities described in subsection (f), including--
                    (A) programs carried out under the Head Start Act 
                (42 U.S.C. 9801 et seq.), including the Early Head Start 
                programs carried out under such Act;
                    (B) child care programs carried out under the Child 
                Care and Development Block Grant Act of 1990 (42 U.S.C. 
                9858 et seq.) or section 418 of the Social Security Act 
                (42 U.S.C. 618); and
                    (C) other Federal, State, and local programs of 
                early learning and development, early childhood 
                education, and child care, operating in the State 
                (including programs operated by Indian tribes and tribal 
                organizations and private entities, including faith- and 
                community-based entities), as of the date of the 
                application for the grant;
            (4) a description of how the State entity, in collaboration 
        with Centers of Excellence in Early Childhood, if appropriate, 
        will provide technical assistance and disseminate best 
        practices;
            (5) a description of how the State plans to sustain the 
        activities described in, and carried out in accordance with, 
        subsection (f) with non-Federal sources after grant funds under 
        this section are no longer available, if the State plans to 
        continue such activities after such time; and
            (6) a description of how the State entity will work with the 
        State Advisory Council and Head Start collaboration offices.

    (e) Review Process.--The Secretary shall review the applications 
submitted under subsection (d) to--
            (1) determine which applications satisfy the requirements of 
        such subsection;
            (2) confirm that each State submitting an application has, 
        as of the date of the application, a mixed delivery system in 
        place; and
            (3) determine if a priority is merited in accordance with 
        subsection (c)(2)(B) because the State has never received--
                    (A) a grant under subsection (c); or
                    (B) a preschool development grant for development or 
                expansion under such program as it existed on the day 
                before the date of enactment of this Act.

[[Page 129 STAT. 2155]]

    (f) Use of Funds.--A State, acting through the State entity 
appointed under subsection (d)(1), that receives a grant under 
subsection (c)(1) shall use the grant funds for all of the following 
activities:
            (1) Conducting a periodic statewide needs assessment of--
                    (A) the availability and quality of existing 
                programs in the State, including such programs serving 
                the most vulnerable or underserved populations and 
                children in rural areas;
                    (B) to the extent practicable, the unduplicated 
                number of children being served in existing programs; 
                and
                    (C) to the extent practicable, the unduplicated 
                number of children awaiting service in such programs.
            (2) Developing a strategic plan that recommends 
        collaboration, coordination, and quality improvement activities 
        (including activities to improve children's transition from 
        early childhood education programs into elementary schools) 
        among existing programs in the State and local educational 
        agencies. Such plan shall include information that--
                    (A) identifies opportunities for, and barriers to, 
                collaboration and coordination among existing programs 
                in the State, including among State, local, and tribal 
                (if applicable) agencies responsible for administering 
                such programs;
                    (B) recommends partnership opportunities among Head 
                Start providers, local educational agencies, State and 
                local governments, Indian tribes and tribal 
                organizations, and private entities (including faith- 
                and community-based entities) that would improve 
                coordination, program quality, and delivery of services;
                    (C) builds on existing plans and goals with respect 
                to early childhood education programs, including 
                improving coordination and collaboration among such 
                programs, of the State Advisory Council while 
                incorporating new or updated Federal, State, and local 
                statutory requirements, including--
                          (i) the requirements of the Child Care and 
                      Development Block Grant Act of 1990 (42 U.S.C. 
                      9858 et seq.); and
                          (ii) when appropriate, information found in 
                      the report required under section 13 of the Child 
                      Care and Development Block Grant Act of 2014 
                      (Public Law 113-186; 128 Stat. 2002); and
                    (D) describes how accomplishing the activities 
                described in subparagraphs (A) through (C) will better 
                serve children and families in existing programs and how 
                such activities will increase the overall participation 
                of children in the State.
            (3) Maximizing parental choice and knowledge about the 
        State's mixed delivery system of existing programs and providers 
        by--
                    (A) ensuring that parents are provided information 
                about the variety of early childhood education programs 
                for children from birth to kindergarten entry in the 
                State's mixed delivery system; and
                    (B) promoting and increasing involvement by parents 
                and family members, including families of low-income and

[[Page 129 STAT. 2156]]

                disadvantaged children, in the development of their 
                children and the transition of such children from an 
                early childhood education program into an elementary 
                school.
            (4) Sharing best practices among early childhood education 
        program providers in the State to increase collaboration and 
        efficiency of services, including to improve transitions from 
        such programs to elementary school.
            (5) After activities described in paragraphs (1) and (2) 
        have been completed, improving the overall quality of early 
        childhood education programs in the State, including by 
        developing and implementing evidence-based practices that meet 
        the requirements of section 8101(21)(A)(i) of the Elementary and 
        Secondary Education Act of 1965, to improve professional 
        development for early childhood education providers and 
        educational opportunities for children.

    (g) Renewal Grants.--
            (1) In general.--The Secretary, jointly with the Secretary 
        of Education, may use funds available under subsection (k) to 
        award renewal grants to States described in paragraph (2) to 
        enable such States to continue activities described in 
        subsection (f) and to carry out additional activities described 
        in paragraph (6).
            (2) Eligible states.--A State shall be eligible for a grant 
        under paragraph (1) if--
                    (A) the State has received a grant under subsection 
                (c)(1) and the grant period has concluded; or
                    (B)(i) the State has received a preschool 
                development grant for development or expansion under 
                such program as it existed on the day before the date of 
                enactment of this Act, and the grant period for such 
                grant has concluded; and
                    (ii) the Secretary allows such State to apply 
                directly for a renewal grant under this subsection, 
                rather than an initial grant under subsection (c)(1), 
                and the State submits with its application the needs 
                assessment completed under the preschool development 
                grant (updated as necessary to reflect the needs of the 
                State as of the time of the application) in place of the 
                activity described in subsection (f)(1).
            (3) Duration of grants.--A grant awarded under this 
        subsection shall be for a period of not more than 3 years and 
        shall not be renewed.
            (4) Matching requirement.--Each State that receives a grant 
        under this subsection shall provide funds from non-Federal 
        sources (which may be provided in cash or in kind) to carry out 
        the activities supported by the grant, in an amount equal to not 
        less than 30 percent of the amount of the grant.
            (5) Application.--A State described in paragraph (2) that 
        desires a grant under this subsection shall submit an 
        application for renewal at such time and in such manner as the 
        Secretary may reasonably require. The application shall 
        contain--
                    (A) applicable information required in the 
                application described in subsection (d), and in the case 
                of a State described in paragraph (2)(A), updated as the 
                State determines necessary;

[[Page 129 STAT. 2157]]

                    (B) in the case of a State described in paragraph 
                (2)(A), a description of how funds were used for the 
                activities described in subsection (f) in the initial 
                grant period and the extent to which such activities 
                will continue to be supported in the renewal period;
                    (C) in the case of a State described in paragraph 
                (2)(B), how a needs assessment completed prior to the 
                date of the application, such as the needs assessment 
                completed under the preschool development grant program 
                (as such program existed prior to the date of enactment 
                of this Act), and updated as necessary in accordance 
                with paragraph (2)(B)(ii), will be sufficient 
                information to inform the use of funds under this 
                subsection, and a copy of such needs assessment;
                    (D) a description of how funds will be used for the 
                activities described in paragraph (6) during the renewal 
                grant period, if the State proposes to use grant funds 
                for such activities; and
                    (E) in the case of a State that proposes to carry 
                out activities described in paragraph (6) and to 
                continue such activities after grant funds under this 
                subsection are no longer available, a description of how 
                such activities will be sustained with non-Federal 
                sources after such time.
            (6) Additional activities.--
                    (A) In general.--Each State that receives a grant 
                under this subsection may use grant funds to award 
                subgrants to programs in a mixed delivery system across 
                the State designed to benefit low-income and 
                disadvantaged children prior to entering kindergarten, 
                to--
                          (i)(I) enable programs to implement activities 
                      addressing areas in need of improvement as 
                      determined by the State, through the use of funds 
                      for the activities described in paragraph (5)(C) 
                      or subsection (f), as applicable; and
                          (II) as determined through the activities 
                      described in paragraph (5)(C) or subsection (f), 
                      as applicable, expand access to such existing 
                      programs; or
                          (ii) develop new programs to address the needs 
                      of children and families eligible for, but not 
                      served by, such programs, if the State ensures 
                      that--
                                    (I) the distribution of subgrants 
                                under this subparagraph supports a mixed 
                                delivery system; and
                                    (II) funds made available under this 
                                subparagraph will be used to supplement, 
                                and not supplant, any other Federal, 
                                State, or local funds that would 
                                otherwise be available to carry out the 
                                activities assisted under this section.
                    (B) Priority.--In awarding subgrants under 
                subparagraph (A), a State shall prioritize activities to 
                improve areas in which there are State-identified needs 
                that would improve services for low-income and 
                disadvantaged children living in rural areas.
                    (C) Special rule.--A State receiving a renewal grant 
                under this subsection that elects to award subgrants 
                under subparagraph (A) shall not--

[[Page 129 STAT. 2158]]

                          (i) for the first year of the renewal grant, 
                      use more than 60 percent of the grant funds 
                      available for such year to award such subgrants; 
                      and
                          (ii) for each of the second and third years of 
                      the renewal grant, use more than 75 percent of the 
                      grant funds available for such year to award such 
                      subgrants.

    (h) State Reporting.--
            (1) Initial grants.--A State that receives an initial grant 
        under subsection (c)(1) shall submit a final report to the 
        Secretary not later than 6 months after the end of the grant 
        period. The report shall include a description of--
                    (A) how, and to what extent, the grant funds were 
                utilized for activities described in subsection (f), and 
                any other activities through which funds were used to 
                meet the purposes of this section, as described in 
                subsection (a);
                    (B) strategies undertaken at the State level and, if 
                applicable, local or program level, to implement 
                recommendations in the strategic plan developed under 
                subsection (f)(2);
                    (C)(i) any new partnerships among Head Start 
                providers, State and local governments, Indian tribes 
                and tribal organizations, and private entities 
                (including faith- and community-based entities); and
                    (ii) how these partnerships improve coordination and 
                delivery of services;
                    (D) if applicable, the degree to which the State 
                used information from the report required under section 
                13 of the Child Care and Development Block Grant Act of 
                2014 to inform activities under this section, and how 
                this information was useful in coordinating, and 
                collaborating among, programs and funding sources;
                    (E) the extent to which activities funded by the 
                initial grant led to the blending or braiding of other 
                public and private funding;
                    (F) how information about available existing 
                programs for children from birth to kindergarten entry 
                was disseminated to parents and families, and how 
                involvement by parents and family was improved; and
                    (G) other State-determined and voluntarily provided 
                information to share best practices regarding early 
                childhood education programs and the coordination of 
                such programs.
            (2) Renewal grants.--A State receiving a renewal grant under 
        subsection (g) shall submit a follow-up report to the Secretary 
        not later than 6 months after the end of the grant period that 
        includes--
                    (A) information described in subparagraphs (A) 
                through (G) of paragraph (1), as applicable and updated 
                for the period covered by the renewal grant; and
                    (B) if applicable, information on how the State was 
                better able to serve children through the distribution 
                of funds in accordance with subsection (g)(5), through--
                          (i) a description of the activities conducted 
                      through the use of subgrant funds, including, 
                      where appropriate, measurable areas of program 
                      improvement and better use of existing resources; 
                      and

[[Page 129 STAT. 2159]]

                          (ii) best practices from the use of subgrant 
                      funds, including how to better serve the most 
                      vulnerable, underserved, and rural populations.

    (i) Rules of Construction.--
            (1) Limitations on federal interference.--Nothing in this 
        section shall be construed to authorize the Secretary or the 
        Secretary of Education to establish any criterion for grants 
        made under this section that specifies, defines, or prescribes--
                    (A) early learning and development guidelines, 
                standards, or specific assessments, including the 
                standards or measures that States use to develop, 
                implement, or improve such guidelines, standards, or 
                assessments;
                    (B) specific measures or indicators of quality early 
                learning and care, including--
                          (i) the systems that States use to assess the 
                      quality of early childhood education programs and 
                      providers, school readiness, and achievement; and
                          (ii) the term ``high-quality'' as it relates 
                      to early learning, development, or care;
                    (C) early learning or preschool curriculum, programs 
                of instruction, or instructional content;
                    (D) teacher and staff qualifications and salaries;
                    (E) class sizes and ratios of children to 
                instructional staff;
                    (F) any new requirement that an early childhood 
                education program is required to meet that is not 
                explicitly authorized in this section;
                    (G) the scope of programs, including length of 
                program day and length of program year; and
                    (H) any aspect or parameter of a teacher, principal, 
                other school leader, or staff evaluation system within a 
                State, local educational agency, or early childhood 
                education program.
            (2) Limitation on governmental requirements.--Nothing in 
        this section shall be construed to authorize the Secretary, 
        Secretary of Education, the State, or any other governmental 
        agency to alter requirements for existing programs for which 
        coordination and alignment activities are recommended under this 
        section, or to force programs to adhere to any recommendations 
        developed through this program. The Secretary, Secretary of 
        Education, State, or other governmental agency may only take an 
        action described in the preceding sentence as otherwise 
        authorized under Federal, State, or local law.
            (3) Secretary of education.--Nothing in this section shall 
        be construed to authorize the Secretary of Education to have 
        sole decision-making or regulatory authority in carrying out the 
        program authorized under this section.

    (j) Planning and Transition.--
            (1) In general.--The recipient of an award for a preschool 
        development grant for development or expansion under such 
        program as it existed on the day before the date of enactment of 
        this Act may continue to receive funds in accordance with the 
        terms of such existing award.
            (2) Transition.--The Secretary, jointly with the Secretary 
        of Education, shall take such steps as are necessary to ensure 
        an orderly transition to, and implementation of, the program

[[Page 129 STAT. 2160]]

        under this section from the preschool development grants for 
        development or expansion program as such program was operating 
        prior to the date of enactment of this Act, in accordance with 
        subsection (k).

    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Health and Human Services to carry out 
this section $250,000,000 for each of fiscal years 2017 through 2020.
SEC. 9213. <<NOTE: 42 USC 9831 note.>> REVIEW OF FEDERAL EARLY 
                          CHILDHOOD EDUCATION PROGRAMS.

    (a) In General.--The Secretary of Health and Human Services, in 
consultation with the heads of all Federal agencies that administer 
Federal early childhood education programs, shall conduct an 
interdepartmental review of all early childhood education programs for 
children less than 6 years of age in order to--
            (1) develop a plan for the elimination of overlapping 
        programs, as identified by the Government Accountability 
        Office's 2012 annual report (GAO-12-342SP);
            (2) determine if the activities conducted by States using 
        grant funds from preschool development grants under section 9212 
        have led to better utilization of resources; and
            (3) make recommendations to Congress for streamlining all 
        such programs.

    (b) Report and Updates.--The Secretary of Health and Human Services, 
in consultation with the heads of all Federal agencies that administer 
Federal early childhood education programs, shall--
            (1) not later than 2 years after the date of enactment of 
        this Act, prepare and submit to the Committee on Health, 
        Education, Labor, and Pensions of the Senate and the Committee 
        on Education and the Workforce of the House of Representatives a 
        detailed report that--
                    (A) outlines the efficiencies that can be achieved 
                by, and specific recommendations for, eliminating 
                overlap and fragmentation among all Federal early 
                childhood education programs;
                    (B) explains how the use by States of preschool 
                development grant funds under section 9212 has led to 
                the better utilization of resources; and
                    (C) builds upon the review of Federal early learning 
                and care programs required under section 13 of the Child 
                Care and Development Block Grant Act of 2014 (Public Law 
                113-186; 128 Stat. 2002); and
            (2) annually prepare and submit to such Committees a 
        detailed update of the report described in paragraph (1).
SEC. 9214. <<NOTE: 20 USC 1070g-2 note.>> USE OF THE TERM ``HIGHLY 
                          QUALIFIED'' IN OTHER LAWS.

    (a) References.--Beginning on the date of enactment of this Act--
            (1) any reference in sections 420N, 428J, 428K, and 460 of 
        the Higher Education Act of 1965 (20 U.S.C. 1070g-2, 1078-10, 
        1078-11, and 1087j) to the term ``highly qualified'' as defined 
        in section 9101 of the Elementary and Secondary Education Act of 
        1965 shall be treated as a reference to such term under such 
        section 9101 as in effect on the day before the date of 
        enactment of this Act; and

[[Page 129 STAT. 2161]]

            (2) any reference in section 6112 of the America COMPETES 
        Act (20 U.S.C. 9812), section 553 of the America COMPETES 
        Reauthorization Act of 2010 (20 U.S.C. 9903), and section 9 of 
        the National Science Foundation Authorization Act of 2002 (42 
        U.S.C. 1862n), to ``highly qualified'', as defined in section 
        9101 of the Elementary and Secondary Education Act of 1965, with 
        respect to a teacher, means that the teacher meets applicable 
        State certification and licensure requirements, including any 
        requirements for certification obtained through alternative 
        routes to certification.

    (b) Education Sciences Reform Act of 2002.--Section 153(a)(1)(F)(ii) 
of the Education Sciences Reform Act of 2002 (20 U.S.C. 
9543(a)(1)(F)(ii)) is amended by striking ``teachers who are highly 
qualified (as such term is defined in section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801))'' and inserting 
``teachers who meet the applicable State certification and licensure 
requirements, including any requirements for certification obtained 
through alternative routes to certification, or, with regard to special 
education teachers, the qualifications described in section 
612(a)(14)(C) of the Individuals with Disabilities Education Act (20 
U.S.C. 1412(a)(14)(C).''.
    (c) Higher Education Act of 1965.--The Higher Education Act of 1965 
(20 U.S.C. 1001 et seq.) is amended--
            (1) in section 200 <<NOTE: 20 USC 1021.>> --
                    (A) by striking paragraph (13);
                    (B) in paragraph (17)(B)(ii), by striking ``to 
                become highly qualified'' and inserting ``who meets the 
                applicable State certification and licensure 
                requirements, including any requirements for 
                certification obtained through alternative routes to 
                certification, or, with regard to special education 
                teachers, the qualifications described in section 
                612(a)(14)(C) of the Individuals with Disabilities 
                Education Act''; and
                    (C) in paragraph (22)(D)(i), by striking ``becomes 
                highly qualified'' and inserting ``, with respect to 
                special education teachers, meets the qualifications 
                described in section 612(a)(14)(C) of the Individuals 
                with Disabilities Education Act'';
            (2) in section 201(3), <<NOTE: 20 USC 1022.>> by striking 
        ``highly qualified teachers'' and inserting ``teachers who meet 
        the applicable State certification and licensure requirements, 
        including any requirements for certification obtained through 
        alternative routes to certification, or, with regard to special 
        education teachers, the qualifications described in section 
        612(a)(14)(C) of the Individuals with Disabilities Education 
        Act'';
            (3) in section 202 <<NOTE: 20 USC 1022a.>> --
                    (A) in subsection (b)(6)(H), by striking ``highly 
                qualified teachers'' and inserting ``teachers who meet 
                the applicable State certification and licensure 
                requirements, including any requirements for 
                certification obtained through alternative routes to 
                certification, or, with regard to special education 
                teachers, the qualifications described in section 
                612(a)(14)(C) of the Individuals with Disabilities 
                Education Act,'';
                    (B) subsection (d)--
                          (i) in paragraph (1)--

[[Page 129 STAT. 2162]]

                                    (I) in subparagraph (A)(i)(I), by 
                                striking ``be highly qualified 
                                (including teachers in rural school 
                                districts who may teach multiple 
                                subjects, special educators, and 
                                teachers of students who are limited 
                                English proficient who may teach 
                                multiple subjects)'' and inserting 
                                ``meet the applicable State 
                                certification and licensure 
                                requirements, including any requirements 
                                for certification obtained through 
                                alternative routes to certification, or, 
                                with regard to special education 
                                teachers, the qualifications described 
                                in section 612(a)(14)(C) of the 
                                Individuals with Disabilities Education 
                                Act (including teachers in rural school 
                                districts, special educators, and 
                                teachers of students who are limited 
                                English proficient)''; and
                                    (II) in subparagraph (B)(iii), by 
                                striking ``become highly qualified, 
                                which may include training in multiple 
                                subjects to teach multiple grade levels 
                                as may be needed for individuals 
                                preparing to teach in rural communities 
                                and for individuals preparing to teach 
                                students with disabilities as described 
                                in section 602(10)(D) of the Individuals 
                                with Disabilities Education Act'' and 
                                inserting ``meet the applicable State 
                                certification and licensure 
                                requirements, including any requirements 
                                for certification obtained through 
                                alternative routes to certification, or, 
                                with regard to special education 
                                teachers, the qualifications described 
                                in section 612(a)(14)(C) of the 
                                Individuals with Disabilities Education 
                                Act, which may include training in 
                                multiple subjects to teach multiple 
                                grade levels as may be needed for 
                                individuals preparing to teach in rural 
                                communities and for individuals 
                                preparing to teach students with 
                                disabilities''; and
                          (ii) in paragraph (5), by striking ``become 
                      highly qualified teachers'' and inserting ``become 
                      teachers who meet the applicable State 
                      certification and licensure requirements, 
                      including any requirements for certification 
                      obtained through alternative routes to 
                      certification, or, with regard to special 
                      education teachers, the qualifications described 
                      in section 612(a)(14)(C) of the Individuals with 
                      Disabilities Education Act''; and
                    (C) in subsection (e)(2)(C)(iii), by striking 
                subclause (IV) and inserting the following:
                                    ``(IV) meet the applicable State 
                                certification and licensure 
                                requirements, including any requirements 
                                for certification obtained through 
                                alternative routes to certification, or, 
                                with regard to special education 
                                teachers, the qualifications described 
                                in section 612(a)(14)(C) of the 
                                Individuals with Disabilities Education 
                                Act, when the applicant begins to 
                                fulfill the service obligation under 
                                this clause; and'';
            (4) in section 204, <<NOTE: 20 USC 1022c.>> by striking 
        ``highly qualified teachers'' each place it appears and 
        inserting ``teachers who meet the applicable State certification 
        and licensure requirements,

[[Page 129 STAT. 2163]]

        including any requirements for certification obtained through 
        alternative routes to certification, or, with regard to special 
        education teachers, the qualifications described in section 
        612(a)(14)(C) of the Individuals with Disabilities Education Act 
        (20 U.S.C. 1412(a)(14)(C)),'';
            (5) in section 205(b)(1)(I), <<NOTE: 20 USC 1022d.>> by 
        striking ``highly qualified teachers'' and inserting ``teachers 
        who meet the applicable State certification and licensure 
        requirements, including any requirements for certification 
        obtained through alternative routes to certification, or, with 
        regard to special education teachers, the qualifications 
        described in section 612(a)(14)(C) of the Individuals with 
        Disabilities Education Act'';
            (6) in section 207(a)(1), <<NOTE: 20 USC 1022f.>> by 
        striking ``highly qualified teachers'' and inserting ``teachers 
        who meet the applicable State certification and licensure 
        requirements, including any requirements for certification 
        obtained through alternative routes to certification, or, with 
        regard to special education teachers, the qualifications 
        described in section 612(a)(14)(C) of the Individuals with 
        Disabilities Education Act,'';
            (7) in section 208(b) <<NOTE: 20 USC 1022g.>> --
                    (A) , by striking ``are highly qualified, as 
                required under section 1119 of the Elementary and 
                Secondary Education Act of 1965,'' and inserting ``meet 
                the applicable State certification and licensure 
                requirements, including any requirements for 
                certification obtained through alternative routes to 
                certification,''; and
                    (B) by striking ``is highly qualified by the 
                deadline, as required under section 612(a)(14)(C) of the 
                Individuals with Disabilities Education Act'' and 
                inserting ``meets the qualifications described in 
                section 612(a)(14)(C) of the Individuals with 
                Disabilities Education Act'';
            (8) in section 242(b) <<NOTE: 20 USC 1033a.>> --
                    (A) in the matter preceding paragraph (1), by 
                striking ``are highly qualified'' and inserting ``meet 
                the applicable State certification and licensure 
                requirements, including any requirements for 
                certification obtained through alternative routes to 
                certification, or, with regard to special education 
                teachers, the qualifications described in section 
                612(a)(14)(C) of the Individuals with Disabilities 
                Education Act,'';
                    (B) in paragraph (1), by striking ``are highly 
                qualified,'' and inserting ``meet the applicable State 
                certification and licensure requirements, including any 
                requirements for certification obtained through 
                alternative routes to certification, or, with regard to 
                special education teachers, the qualifications described 
                in section 612(a)(14)(C) of the Individuals with 
                Disabilities Education Act,''; and
                    (C) in paragraph (3), by striking ``highly qualified 
                teachers and principals'' and inserting ``teachers who 
                meet the applicable State certification and licensure 
                requirements, including any requirements for 
                certification obtained through alternative routes to 
                certification, or, with regard to special education 
                teachers, the qualifications described in section 
                612(a)(14)(C) of the Individuals with Disabilities 
                Education Act, and highly qualified principals'';
            (9) in section 251(b)(1)(A)(iii), <<NOTE: 20 USC 1034.>> by 
        striking ``are highly qualified'' and inserting ``meet the 
        applicable State certification and

[[Page 129 STAT. 2164]]

        licensure requirements, including any requirements for 
        certification obtained through alternative routes to 
        certification, or, with regard to special education teachers, 
        the qualifications described in section 612(a)(14)(C) of the 
        Individuals with Disabilities Education Act'';
            (10) in section 255(k) <<NOTE: 20 USC 1035.>> --
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) meets the applicable State certification and licensure 
        requirements, including any requirements for certification 
        obtained through alternative routes to certification, or, with 
        regard to special education teachers, the qualifications 
        described in section 612(a)(14)(C) of the Individuals with 
        Disabilities Education Act;''; and
                    (B) in paragraph (3), by striking ``teacher who 
                meets the requirements of section 9101(23) of such Act'' 
                and inserting ``teacher who meets the applicable State 
                certification and licensure requirements, including any 
                requirements for certification obtained through 
                alternative routes to certification, or, with regard to 
                special education teachers, the qualifications described 
                in section 612(a)(14)(C) of the Individuals with 
                Disabilities Education Act'';
            (11) in section 258(d)(1)--
                    (A) by striking ``highly qualified''; and
                    (B) by inserting ``, who meet the applicable State 
                certification and licensure requirements, including any 
                requirements for certification obtained through 
                alternative routes to certification, or, with regard to 
                special education teachers, the qualifications described 
                in section 612(a)(14)(C) of the Individuals with 
                Disabilities Education Act'' before the period at the 
                end; and
            (12) section 806 <<NOTE: 20 USC 1161f.>> --
                    (A) in subsection (a), by striking paragraph (2); 
                and
                    (B) in subsection (c)(1), by striking ``highly 
                qualified teachers'' and inserting ``teachers who meet 
                the applicable State certification and licensure 
                requirements, including any requirements for 
                certification obtained through alternative routes to 
                certification, or, with regard to special education 
                teachers, the qualifications described in section 
                612(a)(14)(C) of the Individuals with Disabilities 
                Education Act,''.

    (d) Individuals With Disabilities Education Act.--The Individuals 
with Disabilities Education Act (20 U.S.C. 1400 et seq.) is amended--
            (1) in section 602, <<NOTE: 20 USC 1401.>> by striking 
        paragraph (10);
            (2) in section 612(a)(14) <<NOTE: 20 USC 1412.>> --
                    (A) in subparagraph (C), by striking ``secondary 
                school is highly qualified by the deadline established 
                in section 1119(a)(2) of the Elementary and Secondary 
                Education Act of 1965'' and inserting ``secondary 
                school--
                          ``(i) has obtained full State certification as 
                      a special education teacher (including 
                      participating in an alternate route to 
                      certification as a special educator, if such 
                      alternate route meets minimum requirements 
                      described in section 2005.56(a)(2)(ii) of title 
                      34, Code of Federal Regulations, as such section 
                      was in effect

[[Page 129 STAT. 2165]]

                      on November 28, 2008), or passed the State special 
                      education teacher licensing examination, and holds 
                      a license to teach in the State as a special 
                      education teacher, except with respect to any 
                      teacher teaching in a public charter school who 
                      shall meet the requirements set forth in the 
                      State's public charter school law;
                          ``(ii) has not had special education 
                      certification or licensure requirements waived on 
                      an emergency, temporary, or provisional basis; and
                          ``(iii) holds at least a bachelor's degree.'';
                    (B) in subparagraph (D), by striking ``highly 
                qualified personnel'' and inserting ``personnel who meet 
                the applicable requirements described in this 
                paragraph''; and
                    (C) in subparagraph (E), by striking ``staff person 
                to be highly qualified'' and inserting ``staff person to 
                meet the applicable requirements described in this 
                paragraph'';
            (3) in section 653(b) <<NOTE: 20 USC 1453.>> --
                    (A) in paragraph (7), by striking ``highly qualified 
                teachers'' and inserting ``teachers who meet the 
                qualifications described in section 612(a)(14)(C)''; and
                    (B) in paragraph (8), by striking ``teachers who are 
                not highly qualified'' and inserting ``teachers who do 
                not meet the qualifications described in section 
                612(a)(14)(C)''; and
            (4) in section 654 <<NOTE: 20 USC 1454.>> --
                    (A) in subsection (a)(4), in the matter preceding 
                subparagraph (A), by striking ``highly qualified special 
                education teachers, particularly initiatives that have 
                been proven effective in recruiting and retaining highly 
                qualified teachers'' and inserting ``special education 
                teachers who meet the qualifications described in 
                section 612(a)(14)(C), particularly initiatives that 
                have been proven effective in recruiting and retaining 
                teachers''; and
                    (B) in subsection (b)--
                          (i) in paragraph (2), by striking 
                      ``certification of special education teachers for 
                      highly qualified individuals with a baccalaureate 
                      or master's degree'' and inserting ``certification 
                      of special education teachers for individuals with 
                      a baccalaureate or master's degree who meet the 
                      qualifications described in section 
                      612(a)(14)(C)''; and
                          (ii) in paragraph (4), by striking ``highly 
                      qualified special education teachers'' and 
                      inserting ``special education teachers who meet 
                      the qualifications described in section 
                      612(a)(14)(C)''; and
                    (C) in section 662 <<NOTE: 20 USC 1462.>> --
                          (i) in subsection (a)--
                                    (I) in paragraph (1), by striking 
                                ``highly qualified personnel, as defined 
                                in section 651(b)'' and inserting 
                                ``personnel, as defined in section 
                                651(b), who meet the applicable 
                                requirements described in section 
                                612(a)(14)''; and
                                    (II) in paragraph (5), by striking 
                                ``special education teachers are highly 
                                qualified'' and inserting ``special 
                                education teachers meet the 
                                qualifications described in section 
                                612(a)(14)(C)'';

[[Page 129 STAT. 2166]]

                          (ii) in subsection (b)(2)(B), by striking 
                      ``highly qualified teachers'' and inserting 
                      ``special education teachers who meet the 
                      qualifications described in section 
                      612(a)(14)(C)''; and
                          (iii) in subsection (c)(4)(B), by striking 
                      ``highly qualified personnel'' and inserting 
                      ``personnel who meet the applicable requirements 
                      described in section 612(a)(14)''.

    (e) Individuals With Disabilities Education Improvement Act of 
2004.--Section 302(a) of the Individuals with Disabilities Education 
Improvement Act of 2004 (20 U.S.C. 1400 note) is amended--
            (1) by striking ``Part D.--'' through ``parts A'' and 
        inserting ``Part D.--Parts A'' ; and
            (2) by striking paragraph (2).
SEC. 9215. ADDITIONAL CONFORMING AMENDMENTS TO OTHER LAWS.

    (a) Act of April 16, 1934 (popularly Known as the Johnson-O'Malley 
Act).--Section 5(a) of the Act of April 16, 1934 (popularly known as the 
Johnson-O'Malley Act) (25 U.S.C. 456(a)) is amended by striking 
``section 7114(c)(4) of the Elementary and Secondary Education Act of 
1965'' and inserting ``section 6114(c)(4) of the Elementary and 
Secondary Education Act of 1965''.
    (b) Adam Walsh Child Protection and Safety Act of 2006.--Section 
153(h) of the Adam Walsh Child Protection and Safety Act of 2006 (42 
U.S.C. 16962(h)) is amended by striking ``section 9101 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7801)'' and inserting 
``section 8101 of the Elementary and Secondary Education Act of 1965''.
    (c) Adult Education and Literacy Act.--Paragraph (8) of section 203 
of the Adult Education and Literacy Act (29 U.S.C. 3272) is amended to 
read as follows:
            ``(8) Essential components of reading instruction.--The term 
        `essential components of reading instruction' means explicit and 
        systematic instruction in--
                    ``(A) phonemic awareness;
                    ``(B) phonics;
                    ``(C) vocabulary development;
                    ``(D) reading fluency, including oral reading 
                skills; and
                    ``(E) reading comprehension strategies.''.

    (d) Age Discrimination Act of 1975.--Section 309(4)(B)(ii) of the 
Age Discrimination Act of 1975 (42 U.S.C. 6107(4)(B)(ii)) is amended by 
striking ``section 9101 of the Elementary and Secondary Education Act of 
1965'' and inserting ``section 8101 of the Elementary and Secondary 
Education Act of 1965''.
    (e) Age Discrimination in Employment Act of 1967.--Section 
4(l)(1)(B)(i)(I) of the Age Discrimination in Employment Act of 1967 (29 
U.S.C. 623(l)(1)(B)(i)(I)) is amended by striking ``section 9101 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)'' and 
inserting ``section 8101 of the Elementary and Secondary Education Act 
of 1965)''.
    (f) Agricultural Act of 2014.--Section 7606(a) of the Agricultural 
Act of 2014 (7 U.S.C. 5940(a)) is amended by striking ``the Safe and 
Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.),''.
    (g) Agricultural Research, Extension, and Education Reform Act of 
1998.--Section 413(b)(4) of the Agricultural

[[Page 129 STAT. 2167]]

Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 
7633(b)(4)) is amended by striking ``section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801))'' and inserting 
``section 8101 of the Elementary and Secondary Education Act of 1965)''.
    (h) Albert Einstein Distinguished Educator Fellowship Act of 1994.--
Each of paragraphs (1), (2), and (3) of section 514 of the Albert 
Einstein Distinguished Educator Fellowship Act of 1994 (42 U.S.C. 7838b) 
are amended by striking ``section 9101 of the Elementary and Secondary 
Education Act of 1965'' and inserting ``section 8101 of the Elementary 
and Secondary Education Act of 1965''.
    (i) America COMPETES Act.--The America COMPETES Act (Public Law 110-
69) is amended as follows:
            (1) Section 6002(a) (20 U.S.C. 9802(a)) is amended by 
        striking ``section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).'' and inserting 
        ``section 8101 of the Elementary and Secondary Education Act of 
        1965.''.
            (2) Section 6122 (20 U.S.C. 9832) is amended--
                    (A) in paragraph (3), by striking ``The term `low-
                income student' has the meaning given the term `low-
                income individual' in section 1707(3) of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 
                6537(3)).'' and inserting ``The term `low-income 
                student' means an individual who is determined by a 
                State educational agency or local educational agency to 
                be a child ages 5 through 19, from a low-income family, 
                on the basis of data used by the Secretary to determine 
                allocations under section 1124 of the Elementary and 
                Secondary Education Act of 1965, data on children 
                eligible for free or reduced-price lunches under the 
                Richard B. Russell National School Lunch Act, data on 
                children in families receiving assistance under part A 
                of title IV of the Social Security Act, or data on 
                children eligible to receive medical assistance under 
                the Medicaid program under title XIX of the Social 
                Security Act, or through an alternate method that 
                combines or extrapolates from those data.''; and
                    (B) in paragraph (4), by striking ``The term `high 
                concentration of low-income students' has the meaning 
                given the term in section 1707(2) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6537(2)).'' 
                and inserting ``The term `high concentration of low-
                income students', used with respect to a school, means a 
                school that serves a student population 40 percent or 
                more of who are low-income students.''.
            (3) Section 6123 (20 U.S.C. 9833) is amended--
                    (A) in subsection (c), by striking ``the activities 
                carried out under section 1705 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6535).'' and 
                inserting the following: ``any activities carried out 
                under section 4104 or 4107 of the Elementary and 
                Secondary Education Act of 1965 that provide students 
                access to accelerated learning programs that provide--
            ``(1) postsecondary level courses accepted for credit at 
        institutions of higher education, including dual or concurrent 
        enrollment programs, and early college high schools; or

[[Page 129 STAT. 2168]]

            ``(2) postsecondary level instruction and examinations that 
        are accepted for credit at institutions of higher education, 
        including Advanced Placement and International Baccalaureate 
        programs.''; and
                    (B) in subsection (j)(2)(B), by striking ``section 
                1111(h)(1)(C)(i) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i))'' and 
                inserting ``section 1111(b)(2)(B)(xi) of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 
                6311(b)(2)(B)(xi))''.
            (4) Section 6401(e)(2)(D)(ii)(I) (20 U.S.C. 
        9871(e)(2)(D)(ii)(I)) is amended by striking ``yearly test 
        records of individual students with respect to assessments under 
        section 1111(b) of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6311(b))'' and inserting ``yearly test records 
        of individual students with respect to assessments under section 
        1111(b)(2) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6311(b)(2))''.
            (5) Section 7001 (42 U.S.C. 1862o note) is amended--
                    (A) in paragraph (4), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801)'' and inserting ``section 8101 of the 
                Elementary and Secondary Education Act of 1965''; and
                    (B) in paragraph (7), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801)'' and inserting ``section 8101 of the 
                Elementary and Secondary Education Act of 1965''.

    (j) American History and Civics Education Act of 2004.--Section 2(d) 
of the American History and Civics Education Act of 2004 (20 U.S.C. 6713 
note) is amended by striking ``to carry out part D of title V of the 
Elementary and Secondary Education Act of 1965'' and inserting ``to 
carry out section 2232 of the Elementary and Secondary Education Act of 
1965''.
    (k) Anti-Drug Abuse Act of 1988.--Section 3521(d)(8)(A) of the Anti-
Drug Abuse Act of 1988 (42 U.S.C. 11841(d)(8)(A)) is amended by striking 
``education and instruction consistent with title IV of the Elementary 
and Secondary Education Act of 1965'' and inserting ``education and 
instruction consistent with part A of title IV of the Elementary and 
Secondary Education Act of 1965''.
    (l) Assets for Independence Act.--Section 404(11) of the Assets for 
Independence Act (42 U.S.C. 604 note) is amended by striking ``section 
7207 of the Native Hawaiian Education Act'' and inserting ``section 6207 
of the Native Hawaiian Education Act''.
    (m) Assistive Technology Act of 1998.--Section 4(c)(2)(B)(i)(V) of 
the Assistive Technology Act of 1998 (29 U.S.C. 3003(c)(2)(B)(i)(V)) is 
amended by striking ``section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801)'' and inserting ``section 8101 of 
the Elementary and Secondary Education Act of 1965''.
    (n) Carl D. Perkins Career and Technical Education Act of 2006.--The 
Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
2301 et seq.) is amended as follows:
            (1) Section 3 (20 U.S.C. 2302) is amended--
                    (A) in paragraph (8), by striking ``section 5210 of 
                the Elementary and Secondary Education Act of 1965'' and 
                inserting ``section 4310 of the Elementary and Secondary 
                Education Act of 1965'';

[[Page 129 STAT. 2169]]

                    (B) in paragraph (11), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965'' and 
                inserting ``section 8101 of the Elementary and Secondary 
                Education Act of 1965'';
                    (C) in paragraph (19), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965'' and 
                inserting ``section 8101 of the Elementary and Secondary 
                Education Act of 1965''; and
                    (D) in paragraph (27), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965'' and 
                inserting ``section 8101 of the Elementary and Secondary 
                Education Act of 1965''.
            (2) Section 8(e) (20 U.S.C. 2306a(e)) is amended by striking 
        ``section 1111(b)(1)(D) of the Elementary and Secondary 
        Education Act of 1965'' and inserting ``section 1111(b)(1) of 
        the Elementary and Secondary Education Act of 1965''.
            (3) Section 113(b) (20 U.S.C. 2323(b)) is amended--
                    (A) in paragraph (2)(A)--
                          (i) by striking clause (i) and inserting the 
                      following:
                          ``(i) Student attainment of the challenging 
                      State academic standards, as adopted by a State in 
                      accordance with section 1111(b)(1) of the 
                      Elementary and Secondary Education Act of 1965 and 
                      measured by the State determined levels of 
                      achievement on the academic assessments described 
                      in section 1111(b)(2) of such Act.''; and
                          (ii) in clause (iv), by striking ``(as 
                      described in section 1111(b)(2)(C)(vi) of the 
                      Elementary and Secondary Education Act of 1965)'' 
                      and inserting ``(as described in section 
                      1111(c)(4)(A)(i)(I)(bb) of the Elementary and 
                      Secondary Education Act of 1965)''; and
                    (B) in paragraph (4)(C)(ii)(I), by striking 
                ``categories'' and inserting ``subgroups''.
            (4) Section 114(d)(4)(A)(iii)(I)(aa) (20 U.S.C. 
        2324(d)(4)(A)(iii)(I)(aa)) is amended by striking ``integrating 
        those programs with academic content standards and student 
        academic achievement standards, as adopted by States under 
        section 1111(b)(1) of the Elementary and Secondary Education Act 
        of 1965;'' and inserting the following: ``integrating those 
        programs with challenging State academic standards, as adopted 
        by States under section 1111(b)(1) of the Elementary and 
        Secondary Education Act of 1965;''.
            (5) Section 116(a)(5) (20 U.S.C. 2326(a)(5)) is amended by 
        striking ``section 7207 of the Native Hawaiian Education Act (20 
        U.S.C. 7517)'' and inserting ``section 6207 of the Native 
        Hawaiian Education Act''.
            (6) Section 122(c)(20 U.S.C. 2342(c)) is amended--
                    (A) in paragraph (1)(I)(i), by striking ``aligned 
                with rigorous and challenging academic content standards 
                and student academic achievement standards adopted by 
                the State under section 1111(b)(1) of the Elementary and 
                Secondary Education Act of 1965'' and inserting 
                ``aligned with challenging State academic standards 
                adopted by the State under section 1111(b)(1) of the 
                Elementary and Secondary Education Act of 1965''; and

[[Page 129 STAT. 2170]]

                    (B) in paragraph (7)(A)(i), by striking ``the core 
                academic subjects (as defined in section 9101 of the 
                Elementary and Secondary Education Act of 1965)'' and 
                inserting ``a well-rounded education (as defined in 
                section 8101 of the Elementary and Secondary Education 
                Act of 1965)''.
            (7) Section 124(b)(4)(A) (20 U.S.C. 2344(b)(4)(A)) is 
        amended in paragraph (4)(A), by striking ``the core academic 
        subjects (as defined in section 9101 of the Elementary and 
        Secondary Education Act of 1965)'' and inserting ``a well-
        rounded education (as defined in section 8101 of the Elementary 
        and Secondary Education Act of 1965)''.
            (8) Section 134(b)(3) (20 U.S.C. 2354(b)(3)) is amended--
                    (A) in subparagraph (B)(i), by striking ``the core 
                academic subjects (as defined in section 9101 of the 
                Elementary and Secondary Education Act of 1965)'' and 
                inserting ``a well-rounded education (as defined in 
                section 8101 of the Elementary and Secondary Education 
                Act of 1965)''; and
                    (B) in subparagraph (E), by striking ``in core 
                academic subjects (as defined in section 9101 of the 
                Elementary and Secondary Education Act of 1965)'' and 
                inserting ``in order to provide a well-rounded education 
                (as defined in section 8101 of the Elementary and 
                Secondary Education Act of 1965)''.
            (9) Section 135(b)(1)(A) (20 U.S.C. 2355(b)(1)(A)) is 
        amended by striking ``the core academic subjects (as defined in 
        section 9101 of the Elementary and Secondary Education Act of 
        1965)'' and inserting ``a well-rounded education (as defined in 
        section 8101 of the Elementary and Secondary Education Act of 
        1965)''.
            (10) Section 203(c)(2)(D) (20 U.S.C. 2373(c)(2)(D)) is 
        amended by striking ``in core academic subjects (as defined in 
        section 9101 of the Elementary and Secondary Education Act of 
        1965)'' and inserting ``as part of a well-rounded education (as 
        defined in section 8101 of the Elementary and Secondary 
        Education Act of 1965)''.

    (o) Child Abuse Prevention and Treatment Act.--Section 111(3) of the 
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g(3)) is amended 
by striking ``section 7207 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7517);'' and inserting ``section 6207 of the 
Elementary and Secondary Education Act of 1965;''.
    (p) Child Care and Development Block Grant Act of 1990.--The Child 
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is 
amended as follows:
            (1) Section 658E(c)(2)(G)(ii)(V)(dd) (42 U.S.C. 
        9858c(c)(2)(G)(ii)(V)(dd)) is amended by striking ``(as defined 
        in section 7207 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7517))'' and inserting ``(as defined in section 
        6207 of the Elementary and Secondary Education Act of 1965)''.
            (2) Section 658P(5) (42 U.S.C. 9858n(5)) is amended by 
        striking ``an individual who is limited English proficient, as 
        defined in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801) or section 637 of the 
        Head Start Act (42 U.S.C. 9832)'' and inserting ``an individual

[[Page 129 STAT. 2171]]

        who is an English learner, as defined in section 8101 of the 
        Elementary and Secondary Education Act of 1965, or who is 
        limited English proficient, as defined in section 637 of the 
        Head Start Act (42 U.S.C. 9832)''.

    (q) Children's Internet Protection Act.--Section 1721(g) of the 
Children's Internet Protection Act (20 U.S.C. 9134 note; 114 Stat. 
2763A-350), as enacted into law by section 1(a)(4) of the Consolidated 
Appropriations Act, 2001 (Public Law 106-554; 114 Stat. 2763), is 
amended by striking ``Notwithstanding any other provision of law, funds 
available under section 3134 or part A of title VI of the Elementary and 
Secondary Education Act of 1965, or under section 231 of the Library 
Services and Technology Act, may be used for the purchase or acquisition 
of technology protection measures that are necessary to meet the 
requirements of this title and the amendments made by this title.'' and 
inserting ``Notwithstanding any other provision of law, funds available 
under part B of title I of the Elementary and Secondary Education Act of 
1965, or under section 231 of the Library Services and Technology Act, 
may be used for the purchase or acquisition of technology protection 
measures that are necessary to meet the requirements of this title and 
the amendments made by this title.''.
    (r) Civil Rights Act of 1964.--Section 606(2)(B) of the Civil Rights 
Act of 1964 (42 U.S.C. 2000d-4a(2)(B)) is amended by striking ``a local 
educational agency (as defined in section 9101 of the Elementary and 
Secondary Education Act of 1965),'' and inserting ``a local educational 
agency (as defined in section 8101 of the Elementary and Secondary 
Education Act of 1965),''.
    (s) Communications Act of 1934.--Section 254(h) of the 
Communications Act of 1934 (47 U.S.C. 254(h)) is amended--
            (1) in paragraph (5)(A)(iii), by striking ``an elementary or 
        secondary school as defined in section 14101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 8801)'' and 
        inserting ``an elementary school or a secondary school as 
        defined in section 8101 of the Elementary and Secondary 
        Education Act of 1965''; and
            (2) in paragraph (7)(A), by striking ``section 9101 of the 
        Elementary and Secondary Education Act of 1965'' and inserting 
        ``section 8101 of the Elementary and Secondary Education Act of 
        1965''.

    (t) Community Services Block Grant Act.--Section 682(b)(4) of the 
Community Services Block Grant Act (42 U.S.C. 9923(b)(4)) is amended by 
striking ``section 9101 of the Elementary and Secondary Education Act of 
1965)'' and inserting ``section 8101 of the Elementary and Secondary 
Education Act of 1965)''.
    (u) Congressional Award Act.--Section 203(3)(A) of the Congressional 
Award Act (2 U.S.C. 812(3)(A)) is amended by striking ``section 14101 of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)'' 
and inserting ``section 8101 of the Elementary and Secondary Education 
Act of 1965''.
    (v) Department of Education Organization Act.--Section 215(b)(2)(A) 
of the Department of Education Organization Act (20 U.S.C. 3423c) is 
amended by striking ``be responsible for administering this title'' and 
inserting ``be responsible for administering part A of title VI of the 
Elementary and Secondary Education Act of 1965''.
    (w) Department of Energy Science Education Enhancement Act.--Section 
3181(a)(1) of the Department of Energy Science

[[Page 129 STAT. 2172]]

Education Enhancement Act (42 U.S.C. 7381l(a)(1)) is amended by striking 
``with a high concentration of low-income individuals (as defined in 
section 1707 of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6537))'' and inserting ``in which 40 percent or more of the 
students attending the school are children from low-income families''.
    (x) Department of Transportation and Related Agencies Appropriations 
Act, 2001.--Section 303 of the Department of Transportation and Related 
Agencies Appropriations Act, 2001, (49 U.S.C. 106 note; 114 Stat. 1356A-
23), as enacted into law by section 101(a) of the Act entitled ``An Act 
making appropriations for the Department of Transportation and related 
agencies for the fiscal year ending September, 30, 2001, and for other 
purposes'', approved October 23, 2000 (Public Law 106-346; 114 Stat. 
1356), is amended by striking ``except as otherwise authorized by title 
VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7701 et seq.), for expenses of primary and secondary schooling for 
dependents of Federal Aviation Administration personnel stationed 
outside the continental United States at costs for any given area not in 
excess of those of the Department of Defense for the same area, when it 
is determined by the Secretary that the schools, if any, available in 
the locality are unable to provide adequately for the education of such 
dependents;'' and inserting ``except as otherwise authorized by title 
VII of the Elementary and Secondary Education Act of 1965, for expenses 
of primary and secondary schooling for dependents of Federal Aviation 
Administration personnel stationed outside the continental United States 
at costs for any given area not in excess of those of the Department of 
Defense for the same area, when it is determined by the Secretary that 
the schools, if any, available in the locality are unable to provide 
adequately for the education of such dependents;''.
    (y) District of Columbia College Access Act of 1999.--Section 
3(c)(5) of the District of Columbia College Access Act of 1999 (sec. 38-
2702(c)(5), D.C. Official Code) is amended by striking ``section 14101 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)'' 
and inserting ``section 8101 of the Elementary and Secondary Education 
Act of 1965''.
    (z) District of Columbia School Reform Act of 1995.--Section 2210(a) 
of the District of Columbia School Reform Act of 1995 (sec. 38-
1802.10(a), D.C. Official Code) is amended by striking paragraph (6) and 
inserting the following:
            ``(6) Inapplicability of certain esea provisions.--The 
        following provisions of the Elementary and Secondary Education 
        Act of 1965 shall not apply to a public charter school:
                    ``(A) Paragraph (4) of section 1112(b) and paragraph 
                (1) of section 1112(c).
                    ``(B) Section 1113.
                    ``(C) Subsections (d) and (e) of section 1116.
                    ``(D) Section 1117.
                    ``(E) Subsections (c) and (e) of section 1118.''.

    (aa) Earthquake Hazards.--Section 2(c)(1)(A) of the Act entitled 
``An Act to authorize appropriations for carrying out the Earthquake 
Hazards Reduction Act of 1977 for fiscal years 1998 and 1999, and for 
other purposes'', approved October 1, 1997 (42 U.S.C. 7704 note) is 
amended by striking ``section 9101 of the Elementary and Secondary 
Education Act of 1965'' and inserting ``section 8101 of the Elementary 
and Secondary Education Act of 1965''.

[[Page 129 STAT. 2173]]

    (bb) Education Amendments of 1972.--Section 908(2)(B) of the 
Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is amended by 
striking ``9101 of the Elementary and Secondary Education Act of 1965), 
system of vocational education, or other school system;'' and inserting 
``section 8101 of the Elementary and Secondary Education Act of 1965), 
system of vocational education, or other school system;''.
    (cc) Education Amendments of 1978.--Part B of title XI of the 
Education Amendments of 1978 (25 U.S.C. 2000 et seq.) is amended as 
follows:
            (1) Section 1139(e) (25 U.S.C. 2019(e)) is amended by 
        striking ``part B of title I of the Elementary and Secondary 
        Education Act of 1965'' and inserting ``subpart 2 of part B of 
        title II of the Elementary and Secondary Education Act of 
        1965''.
            (2) Section 1141(9) (25 U.S.C. 2021(9)) is amended by 
        striking ``the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 8801)'' and inserting ``the Elementary and Secondary 
        Education Act of 1965''.

    (dd) Education for Economic Security Act.--The Education for 
Economic Security Act (20 U.S.C. 3901 et seq.) is amended as follows:
            (1) Section 3 (20 U.S.C. 3902) is amended--
                    (A) in paragraph (3), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965.'' 
                and inserting ``section 8101 of the Elementary and 
                Secondary Education Act of 1965.'';
                    (B) in paragraph (7), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965'' and 
                inserting ``section 8101 of the Elementary and Secondary 
                Education Act of 1965'';
                    (C) in paragraph (8), by striking ``section 
                198(a)(7) of the Elementary and Secondary Education Act 
                of 1965'' and inserting ``section 8101 of the Elementary 
                and Secondary Education Act of 1965''; and
                    (D) in paragraph (12), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965.'' 
                and inserting ``section 8101 of the Elementary and 
                Secondary Education Act of 1965.''.
            (2) Section 511 (20 U.S.C. 4020) is amended--
                    (A) by striking subparagraph (A) of paragraph (4) 
                and inserting the following:
                    ``(A) any local educational agency as defined in 
                section 8101 of the Elementary and Secondary Education 
                Act of 1965; and''; and
                    (B) by striking subparagraph (A) of paragraph (5) 
                and inserting the following:
                    ``(A) any elementary school or secondary school as 
                defined in section 8101 of the Elementary and Secondary 
                Education Act of 1965 owned and operated by one or more 
                nonprofit corporations or associations no part of the 
                net earnings of which inures, or may lawfully inure, to 
                the benefit of any private shareholder or individual; 
                and''.

    (ee) Education of the Deaf Act of 1986.--Section 104(b)(5) of the 
Education of the Deaf Act of 1986 (20 U.S.C. 4304(b)(5)) is amended--
            (1) in subparagraph (A)--

[[Page 129 STAT. 2174]]

                    (A) in clause (i), by striking ``select challenging 
                academic content standards, challenging student academic 
                achievement standards, and academic assessments of a 
                State, adopted and implemented, as appropriate, pursuant 
                to paragraphs (1) and (3) of section 1111(b) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311(b)(1) and (3))'' and inserting ``select 
                challenging State academic content standards, aligned 
                academic achievement standards, and State academic 
                assessments of a State, adopted and implemented, as 
                appropriate, pursuant to paragraphs (1) and (2) of 
                section 1111(b) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6311(b)(1) and (2))''; 
                and
                    (B) in clause (ii), by striking ``2009-2010 academic 
                year'' and inserting ``2016-2017 academic year'';
            (2) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) adopt the accountability system, consistent 
                with section 1111(c) of such Act, of the State from 
                which standards and assessments are selected under 
                subparagraph (A)(i); and''; and
            (3) in subparagraph (C), by striking ``whether the programs 
        at the Clerc Center are making adequate yearly progress'' and 
        inserting ``the results of the annual evaluation of the programs 
        at the Clerc Center''.

    (ff) Education Sciences Reform Act of 2002.--The Education Sciences 
Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended as follows:
            (1) Paragraph (1) of section 102 (20 U.S.C. 9501) is amended 
        to read as follows:
            ``(1)(A) In general.--The terms `elementary school', 
        `secondary school', `local educational agency', and `State 
        educational agency' have the meanings given those terms in 
        section 8101 of the Elementary and Secondary Education Act of 
        1965.
            ``(B) Outlying areas.--The term `outlying areas' has the 
        meaning given such term in section 1121(c) of such Act.
            ``(C) Freely associated states.--The term `freely associated 
        states' means the Republic of the Marshall Islands, the 
        Federated States of Micronesia, and the Republic of Palau.''.
            (2) Section 173(b) (20 U.S.C. 9563(b)) is amended by 
        striking ``part E of title I of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6491 et seq.)'' and inserting 
        ``section 8601 of the Elementary and Secondary Education Act of 
        1965''.

    (gg) Educational Technical Assistance Act of 2002.--The Educational 
Technical Assistance Act of 2002 (20 U.S.C. 9601 et seq.) is amended as 
follows:
            (1) Section 202 (20 U.S.C. 9601) is amended by striking 
        ``section 9101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801)'' and inserting ``section 8101 of the 
        Elementary and Secondary Education Act of 1965''.
            (2) Section 203 (20 U.S.C. 9602) is amended--
                    (A) in subsection (a)(2)(B), by striking ``the 
                number of schools identified for school improvement (as 
                described in section 1116(b) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6316(b))'' 
                and inserting ``the number of schools implementing 
                comprehensive support

[[Page 129 STAT. 2175]]

                and improvement activities and targeted support and 
                improvement activities under section 1111(d) of the 
                Elementary and Secondary Education Act of 1965'';
                    (B) in subsection (e)(3), by striking ``schools in 
                the region that have been identified for school 
                improvement under section 1116(b) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6316(b))'' 
                and inserting ``schools in the region that are 
                implementing comprehensive support and improvement 
                activities or targeted support and improvement 
                activities under section 1111(d) of the Elementary and 
                Secondary Education Act of 1965''; and
                    (C) in subsection (f)(1)(B), by striking ``and 
                encouraging and sustaining school improvement (as 
                described in section 1116(b) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6316(b)))'' 
                and inserting ``, and particularly assisting those 
                schools implementing comprehensive support and 
                improvement and targeted support and improvement 
                activities under section 1111(d) of the Elementary and 
                Secondary Education Act of 1965,''.

    (hh) Family and Medical Leave Act of 1993.--Section 108(a)(1)(A) of 
the Family and Medical Leave Act of 1993 (29 U.S.C. 2618(a)(1)(A)) is 
amended by striking ``section 9101 of the Elementary and Secondary 
Education Act of 1965)'' and inserting ``section 8101 of the Elementary 
and Secondary Education Act of 1965)''.
    (ii) Family Violence Prevention and Services Act.--Section 302(6) of 
the Family Violence Prevention and Services Act (42 U.S.C. 10402(6)) is 
amended by striking ``section 7207 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7517).'' and inserting ``section 6207 
of the Elementary and Secondary Education Act of 1965.''.
    (jj) FDA Food Safety Modernization Act.--Section 112(a)(2) of the 
FDA Food Safety Modernization Act (21 U.S.C. 2205(a)(2)) is amended by 
striking ``section 9101 of the Elementary and Secondary Education Act of 
1965 ( 20 U.S.C. 7801)'' and inserting ``section 8101 of the Elementary 
and Secondary Education Act of 1965''.
    (kk) Floyd D. Spence National Defense Authorization Act for Fiscal 
Year 2001.--Section 363 of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (20 U.S.C. 7703a) is amended--
            (1) in subsection (a), by striking ``subparagraph (A)(ii), 
        (B), (D)(i) or (D)(ii) of section 8003(a)(1) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1))'' and 
        inserting ``subparagraph (A)(ii) or (B), or clause (i) or (ii) 
        of subparagraph (D), of section 7003(a)(1)''; and
            (2) in subsection (g), by striking ``section 8013(9) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7713(9)).'' and inserting ``section 7013 of the Elementary and 
        Secondary Education Act of 1965.''.

    (ll) Food and Agriculture Act of 1977.--Section 1417(j)(1)(B) of the 
Food and Agriculture Act of 1977 (7 U.S.C. 3152(j)(1)(B)) is amended by 
striking ``section 9101 of the Elementary and Secondary Education Act of 
1965'' and inserting ``section 8101 of the Elementary and Secondary 
Education Act of 1965''.

[[Page 129 STAT. 2176]]

    (mm) General Education Provisions Act.--The General Education 
Provisions Act (20 U.S.C. 1221 et seq.) is amended as follows:
            (1) Section 425(6) (20 U.S.C. 1226c(6)) is amended by 
        striking ``section 9601 of the Elementary and Secondary 
        Education Act of 1965'' and inserting ``section 8601 of the 
        Elementary and Secondary Education Act of 1965''.
            (2) Section 426 (20 U.S.C. 1228) is amended by striking 
        ``title VIII of the Elementary and Secondary Education Act of 
        1965, but not including any portion of such funds as are 
        attributable to children counted under section 8003(d) of such 
        Act or residing on property described in section 8013(10) of 
        such Act.'' and inserting ``title VII of the Elementary and 
        Secondary Education Act of 1965, but not including any portion 
        of such funds as are attributable to children counted under 
        section 7003(d) of such Act or residing on property described in 
        section 7013(10) of such Act.''.
            (3) Section 429(d)(2)(B)(i) (20 U.S.C. 1228c(d)(2)(B)(i)) is 
        amended by striking ``an elementary or secondary school as 
        defined by the Elementary and Secondary Education Act of 1965'' 
        and inserting ``an elementary or secondary school (as defined by 
        the terms `elementary school' and `secondary school' in section 
        8101 of the Elementary and Secondary Education Act of 1965)''.
            (4) Section 441(a) (20 U.S.C. 1232d(a)) is amended by 
        striking ``part C of title V of the Elementary and Secondary 
        Education Act of 1965) to the Secretary a general application'' 
        and inserting ``part D of title IV of the Elementary and 
        Secondary Education Act of 1965) to the Secretary a general 
        application''.
            (5) Section 445(c)(5)(D) (20 U.S.C. 1232h(c)(5)(D)) is 
        amended by striking ``part A of title V'' and inserting ``part A 
        of title IV''.

    (nn) Head Start Act.--The Head Start Act (42 U.S.C. 9831 et seq.) is 
amended as follows:
            (1) Section 637 (42 U.S.C. 9832) is amended--
                    (A) in the paragraph relating to a delegate agency, 
                by striking ``section 9101 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 7801)'' and 
                inserting ``section 8101 of the Elementary and Secondary 
                Education Act of 1965''; and
                    (B) in subparagraph (A)(ii)(I) of the paragraph 
                relating to limited English proficient, by striking 
                ``(as defined in section 9101 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 7801)), an 
                Alaska Native, or a native resident of an outlying area 
                (as defined in such section 9101);'' and inserting ``(as 
                defined in section 8101 of the Elementary and Secondary 
                Education Act of 1965), an Alaska Native, or a native 
                resident of an outlying area (as defined in such section 
                8101);''.
            (2) Section 641(d)(2) (42 U.S.C. 9836(d)(2)) is amended--
                    (A) in subparagraph (H)--
                          (i) by striking clause (i);
                          (ii) by redesignating clauses (ii) through 
                      (vii) as clauses (i) through (vi), respectively; 
                      and
                          (iii) in clause (i) (as so redesignated)--
                                    (I) by striking ``other''; and

[[Page 129 STAT. 2177]]

                                    (II) by striking ``that Act'' and 
                                inserting ``the Elementary and Secondary 
                                Education Act of 1965''; and
                    (B) in subparagraph (J)(iii), by striking ``, such 
                as entities carrying out Even Start programs under 
                subpart 3 of part B of title I of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6381 et 
                seq.)''.
            (3) Section 642 (42 U.S.C. 9837) is amended--
                    (A) in subsection (b)(4), by striking ``, such as 
                entities carrying out Even Start programs under subpart 
                3 of part B of title I of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6381 et seq.)''; and
                    (B) in subsection (e)(3), by striking ``Even Start 
                programs under subpart 3 of part B of title I of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6381 et seq.),''.
            (4) Section 642A(a) (42 U.S.C. 9837a(a)) is amended--
                    (A) in paragraph (7)(B), by striking ``the 
                information provided to parents of limited English 
                proficient children under section 3302 of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 7012)'' 
                and inserting ``the information provided to parents of 
                English learners under section 1112(e)(3) of the 
                Elementary and Secondary Education Act of the 1965''; 
                and
                    (B) in paragraph (8), by striking ``parental 
                involvement efforts under title I of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6301 et 
                seq.)'' and inserting ``parent and family engagement 
                efforts under title I of the Elementary and Secondary 
                Education Act of 1965''.
            (5) Section 648(a)(3)(A)(iii) (42 U.S.C. 9843(a)(3)(A)(iii)) 
        is amended by striking ``, and for activities described in 
        section 1222(d) of the Elementary and Secondary Education Act of 
        1965),''.
            (6) Section 657B(c)(1)(B)(vi) (42 U.S.C. 9852b(c)(1)(B)(vi)) 
        is amended--
                    (A) by striking subclause (III);
                    (B) by redesignating subclauses (IV) through (VII) 
                as subclauses (III) through (VI), respectively; and
                    (C) in subclause (III) (as so redesignated)--
                          (i) by striking ``other''; and
                          (ii) by striking ``that Act'' and inserting 
                      ``the Elementary and Secondary Education Act of 
                      1965''.

    (oo) Higher Education Act of 1965.--The Higher Education Act of 1965 
(20 U.S.C. 1001 et seq.) is amended as follows:
            (1) Section 103 (20 U.S.C. 1003) is amended--
                    (A) in paragraph (9), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965'' and 
                inserting ``section 8101 of the Elementary and Secondary 
                Education Act of 1965'';
                    (B) in paragraph (10), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965'' and 
                inserting ``section 8101 of the Elementary and Secondary 
                Education Act of 1965'';
                    (C) in paragraph (11), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965'' and 
                inserting ``section 8101 of the Elementary and Secondary 
                Education Act of 1965'';

[[Page 129 STAT. 2178]]

                    (D) in paragraph (16), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965'' and 
                inserting ``section 8101 of the Elementary and Secondary 
                Education Act of 1965''; and
                    (E) in paragraph (21), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965'' and 
                inserting ``section 8101 of the Elementary and Secondary 
                Education Act of 1965''.
            (2) Section 200 (20 U.S.C. 1021) is amended--
                    (A) in paragraph (3), by striking ``The term `core 
                academic subjects' has the meaning given the term in 
                section 9101 of the Elementary and Secondary Education 
                Act of 1965'' and inserting ``The term `core academic 
                subjects' means English, reading or language arts, 
                mathematics, science, foreign languages, civics and 
                government, economics, arts, history, and geography'';
                    (B) in paragraph (5), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965'' and 
                inserting ``section 8101 of the Elementary and Secondary 
                Education Act of 1965'';
                    (C) in paragraph (6)(B), by striking ``section 5210 
                of the Elementary and Secondary Education Act of 1965)'' 
                and inserting ``section 4310 of the Elementary and 
                Secondary Education Act of 1965)'';
                    (D) by striking paragraph (7) and inserting the 
                following:
            ``(7) Essential components of reading instruction.--The term 
        `essential components of reading instruction' has the meaning 
        given the term in section 1208 of the Elementary and Secondary 
        Education Act of 1965 as such section was in effect on the day 
        before the date of enactment of the Every Student Succeeds 
        Act.'';
                    (E) by striking paragraph (8) and inserting the 
                following:
            ``(8) Exemplary teacher.--The term `exemplary teacher' has 
        the meaning given the term in section 9101 of the Elementary and 
        Secondary Education Act of 1965 as such section was in effect on 
        the day before the date of enactment of the Every Student 
        Succeeds Act.'';
                    (F) in paragraph (10)(A)--
                          (i) in clause (iii), by striking ``section 
                      6211(b) of the Elementary and Secondary Education 
                      Act of 1965'' and inserting ``section 5211(b) of 
                      the Elementary and Secondary Education Act of 
                      1965''; and
                          (ii) in clause (iv), by striking ``section 
                      6221(b) of the Elementary and Secondary Education 
                      Act of 1965'' and inserting ``section 5221(b) of 
                      the Elementary and Secondary Education Act of 
                      1965'';
                    (G) in paragraph (15), by striking ``The term 
                `limited English proficient' has the meaning given the 
                term in section 9101 of the Elementary and Secondary 
                Education Act of 1965.'' and inserting ``The term 
                `limited English proficient' has the meaning given the 
                term `English learner' in section 8101 of the Elementary 
                and Secondary Education Act of 1965.'';
                    (H) in paragraph (16), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965''

[[Page 129 STAT. 2179]]

                and inserting ``section 8101 of the Elementary and 
                Secondary Education Act of 1965''; and
                    (I) in paragraph (19), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965.'' 
                and inserting ``section 8101 of the Elementary and 
                Secondary Education Act of 1965.''.
            (3) Section 202 (20 U.S.C. 1022a) is amended in subsection 
        (b)(6)(E)(ii), by striking ``student academic achievement 
        standards and academic content standards under section 
        1111(b)(1) of the Elementary and Secondary Education Act of 
        1965,'' and inserting ``challenging State academic standards 
        under section 1111(b)(1) of the Elementary and Secondary 
        Education Act of 1965,''.
            (4) Section 205(b)(1)(C) (20 U.S.C. 1022d(b)(1)(C)) is 
        amended by striking ``are aligned with the State's challenging 
        academic content standards required under section 1111(b)(1) of 
        the Elementary and Secondary Education Act of 1965'' and 
        inserting ``are aligned with the challenging State academic 
        standards required under section 1111(b)(1) of the Elementary 
        and Secondary Education Act of 1965''.
            (5) Section 241 (20 U.S.C. 1033)) is amended by striking 
        paragraph (2) and inserting the following:
            ``(2) Scientifically based reading research.--The term 
        `scientifically based reading research'--
                    ``(A) means research that applies rigorous, 
                systemic, and objective procedures to obtain valid 
                knowledge relevant to reading development, reading 
                instruction, and reading difficulties; and
                    ``(B) includes research that--
                          ``(i) employs systemic, empirical methods that 
                      draw on observation or experiment;
                          ``(ii) involves rigorous data analyses that 
                      are adequate to test the stated hypotheses and 
                      justify the general conclusions drawn;
                          ``(iii) relies on measurements or 
                      observational methods that provide valid data 
                      across evaluators and observers and across 
                      multiple measurements and observations; and
                          ``(iv) has been accepted by a peer-reviewed 
                      journal or approved by a panel of independent 
                      experts through a comparably rigorous, objective, 
                      and scientific review.''.
            (6) Section 317(b) (20 U.S.C. 1059d(b)) is amended--
                    (A) in paragraph (1), by striking ``section 7306 of 
                the Elementary and Secondary Education Act of 1965;'' 
                and inserting ``section 6306 of the Elementary and 
                Secondary Education Act of 1965;''; and
                    (B) in paragraph (3), by striking ``section 7207 of 
                the Elementary and Secondary Education Act of 1965; 
                and'' and inserting ``section 6207 of the Elementary and 
                Secondary Education Act of 1965; and''.
            (7) Section 402E(d)(2) (20 U.S.C. 1070a-15(d)(2)) is 
        amended--
                    (A) in subparagraph (A), by striking ``Alaska 
                Natives, as defined in section 7306 of the Elementary 
                and Secondary Education Act of 1965;'' and inserting 
                ``Alaska Natives,

[[Page 129 STAT. 2180]]

                as defined in section 6306 of the Elementary and 
                Secondary Education Act of 1965;''; and
                    (B) in subparagraph (B), by striking ``Native 
                Hawaiians, as defined in section 7207 of such Act'' and 
                inserting ``Native Hawaiians, as defined in section 6207 
                of such Act''.
            (8) Section 428K (20 U.S.C. 1078-11) is amended in 
        subsection (b)--
                    (A) in paragraph (5)(B)(iv), by striking ``section 
                9101 of the Elementary and Secondary Education Act of 
                1965'' and inserting ``section 8101 of the Elementary 
                and Secondary Education Act of 1965''; and
                    (B) by striking paragraph (8) and inserting the 
                following:
            ``(8) School counselors.--The individual--
                    ``(A) is employed full-time as a school counselor 
                who has documented competence in counseling children and 
                adolescents in a school setting and who--
                          ``(i) is licensed by the State or certified by 
                      an independent professional regulatory authority;
                          ``(ii) in the absence of such State licensure 
                      or certification, possesses national certification 
                      in school counseling or a specialty of counseling 
                      granted by an independent professional 
                      organization; or
                          ``(iii) holds a minimum of a master's degree 
                      in school counseling from a program accredited by 
                      the Council for Accreditation of Counseling and 
                      Related Educational Programs or the equivalent; 
                      and
                    ``(B) is so employed in a school that qualifies 
                under section 465(a)(2)(A) for loan cancellation for 
                Perkins loan recipients who teach in such a school.''.
            (9) Section 469(a) (20 U.S.C. 1087ii(a)) is amended by 
        striking ``eligible to be counted under title I of the 
        Elementary and Secondary Education Act of 1965'' and inserting 
        ``eligible to be counted under section 1124(c) of the Elementary 
        and Secondary Education Act of 1965''.
            (10) Section 481(f) (20 U.S.C. 1088(f)) is amended by 
        striking ``section 9101 of the Elementary and Secondary 
        Education Act of 1965'' and inserting ``section 8101 of the 
        Elementary and Secondary Education Act of 1965''.
            (11) Section 819(b) (20 U.S.C. 1161j) is amended--
                    (A) in paragraph (1), by striking ``section 7306 of 
                the Elementary and Secondary Education Act of 1965.'' 
                and inserting ``section 6306 of the Elementary and 
                Secondary Education Act of 1965.''; and
                    (B) in paragraph (4), by striking ``section 7207 of 
                the Elementary and Secondary Education Act of 1965.'' 
                and inserting ``section 6207 of the Elementary and 
                Secondary Education Act of 1965.''.
            (12) Section 861(c)(2)(A) (20 U.S.C. 1161q(c)(2)(A)) is 
        amended by striking ``section 9101 of the Elementary and 
        Secondary Education Act of 1965)'' and inserting ``section 8101 
        of the Elementary and Secondary Education Act of 1965)''.

    (pp) Impact Aid Improvement Act of 2012.--Section 563(c)(1) of the 
National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-
239; 126 Stat. 1748; 20 U.S.C. 7702 note) as

[[Page 129 STAT. 2181]]

amended by section 7001(a), is further amended by striking 
``Notwithstanding section 8005(d) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7705(d)), subsection (b)(1), and the 
amendments made by subsection (b)(1), shall take effect with respect to 
applications submitted under section 8002 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7702) for fiscal year 2010.'' 
and inserting ``With respect to applications submitted under section 
8002 of the Elementary and Secondary Education Act of 1965, as such 
section was in effect on the day before the date of enactment of the 
Every Student Succeeds Act, for fiscal year 2010, title VIII of the 
Elementary and Secondary Education Act of 1965 (including the amendments 
made by subsection (b)(1)), as in effect on such date, and subsection 
(b)(1) shall take effect with respect to such applications, 
notwithstanding section 8005(d) of such Act, as in effect on such 
date.''.
    (qq) Indian Health Care Improvement Act.--Section 726(b)(3)(D)(iii) 
of the Indian Health Care Improvement Act (25 U.S.C. 
1667e(b)(3)(D)(iii)) is amended by striking ``a school receiving 
payments under section 8002 or 8003 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7702, 7703).'' and inserting ``a school 
receiving payments under section 7002 or 7003 of the Elementary and 
Secondary Education Act of 1965.''.
    (rr) Indian Self-Determination and Education Assistance Act.--
Section 209 of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 458e) is amended by striking ``assistance provided under 
title IX of the Elementary and Secondary Education Act of 1965.'' and 
inserting ``assistance provided under title VI of the Elementary and 
Secondary Education Act of 1965.''.
    (ss) Individuals With Disabilities Education Act.--The Individuals 
with Disabilities Education Act is amended as follows:
            (1) Section 602 (20 U.S.C. 1401) is amended--
                    (A) by striking paragraph (4);
                    (B) in paragraph (8)(a)(3), by striking ``under 
                parts A and B of title III of that Act'' and inserting 
                ``under part A of title III of that Act''; and
                    (C) by striking paragraph (18) and inserting the 
                following:
            ``(18) Limited english proficient.--The term `limited 
        English proficient' has the meaning given the term `English 
        learner' in section 8101 of the Elementary and Secondary 
        Education Act of 1965.''.
            (2) Section 611(e) (20 U.S.C. 1411(e)) is amended--
                    (A) in paragraph (2)(C)--
                          (i) in clause (x), by striking ``6111 of the 
                      Elementary and Secondary Education Act of 1965'' 
                      and inserting ``1201 of the Elementary and 
                      Secondary Education Act of 1965''; and
                          (ii) in clause (xi)--
                                    (I) by striking ``including 
                                supplemental educational services as 
                                defined in 1116(e) of the Elementary and 
                                Secondary Education Act of 1965 to 
                                children with disabilities, in schools 
                                or local educational agencies identified 
                                for improvement under section 1116 of 
                                the Elementary and Secondary Education 
                                Act of 1965 on the sole basis of the 
                                assessment results of the disaggregated 
                                subgroup of children with disabilities'' 
                                and inserting

[[Page 129 STAT. 2182]]

                                ``including direct student services 
                                described in section 1003A(c)(3) of the 
                                Elementary and Secondary Education Act 
                                of 1965 to children with disabilities, 
                                to schools or local educational agencies 
                                implementing comprehensive support and 
                                improvement activities or targeted 
                                support and improvement activities under 
                                section 1111(d) of the Elementary and 
                                Secondary Education Act of 1965 on the 
                                basis of consistent underperformance of 
                                the disaggregated subgroup of children 
                                with disabilities''; and
                                    (II) by striking ``to meet or exceed 
                                the objectives established by the State 
                                under section 1111(b)(2)(G) the 
                                Elementary and Secondary Education Act 
                                of 1965'' and inserting ``based on the 
                                challenging academic standards described 
                                in section 1111(b)(1) of such Act''; and
                    (B) in paragraph (3)(C)(ii)(I)(bb), by striking 
                ``section 9101'' and inserting ``section 8101''.
            (3) Section 612(a) (20 U.S.C. 1412(a)) is amended--
                    (A) in paragraph (15)--
                          (i) in subparagraph (A), by striking clause 
                      (ii) and inserting the following:
                          ``(ii) are the same as the State's long-term 
                      goals and measurements of interim progress for 
                      children with disabilities under section 
                      1111(c)(4)(A)(i) of the Elementary and Secondary 
                      Education Act of 1965;'';
                          (ii) in subparagraph (B), by striking 
                      ``including measurable annual objectives for 
                      progress by children with disabilities under 
                      section 1111(b)(2)(C)(v)(II)'' and inserting 
                      ``including measurements of interim progress for 
                      children with disabilities under section 
                      1111(c)(4)(A)(i)''; and
                    (B) in paragraph (16)(C)(ii)--
                          (i) in subclause (I), by striking ``State's 
                      challenging academic content standards and 
                      challenging student academic achievement 
                      standards'' and inserting ``challenging State 
                      academic content standards under section 
                      1111(b)(1) of the Elementary and Secondary 
                      Education Act of 1965 and alternate academic 
                      achievement standards under section 1111(b)(1)(E) 
                      of such Act''; and
                          (ii) in subclause (II), by striking ``the 
                      regulations promulgated to carry out section 
                      1111(b)(1) of the Elementary and Secondary 
                      Education Act of 1965,'' and inserting ``section 
                      1111(b)(1)(E) of the Elementary and Secondary 
                      Education Act of 1965,''.
            (4) Section 613(a) (20 U.S.C. 1413(a)) is amended in 
        paragraph (3), by striking ``subject to the requirements of 
        section 612(a)(14) and section 2122 of the Elementary and 
        Secondary Education Act of 1965'' and inserting ``subject to the 
        requirements of section 612(a)(14) and section 2102(b) of the 
        Elementary and Secondary Education Act of 1965''.
            (5) Section 614(b)(5)(A) (20 U.S.C. 1414(b)(5)(A)) is 
        amended by inserting ``, as such section was in effect on the 
        day before the date of enactment of the Every Student Succeeds 
        Act'' after ``1965''.

[[Page 129 STAT. 2183]]

            (6) Section 651(c)(5)(E) (20 U.S.C. 1451(c)(5)(E)) is 
        amended by striking ``and 2112,'' and inserting ``and 2101(d)''.
            (7) Section 653(b)(3) (20 U.S.C. 1453(b)(3)) is amended by 
        striking ``and 2112,'' and inserting ``and 2101(d),''.
            (8) Section 654 (20 U.S.C. 1454) is amended--
                    (A) in subsection (a)--
                          (i) in paragraph (1)(B), by striking 
                      ``challenging State student academic achievement 
                      and functional standards and with the requirements 
                      for professional development, as defined in 
                      section 9101 of the Elementary and Secondary 
                      Education Act of 1965'' and inserting 
                      ``challenging State academic achievement standards 
                      and with the requirements for professional 
                      development, as defined in section 8101 of such 
                      Act''; and
                          (ii) in paragraph (5)(A), by striking 
                      ``section 9101 of the Elementary and Secondary 
                      Education Act of 1965'' and inserting ``section 
                      8101 of the Elementary and Secondary Education Act 
                      of 1965''; and
                    (B) in subsection (b)(10), by inserting ``(as such 
                section was in effect on the day before the date of 
                enactment of the Every Student Succeeds Act)'' after 
                ``1965''.
            (9) Section 662(b)(2)(A)(viii) (20 U.S.C. 
        1462(b)(2)(A)(viii)) is amended by striking ``section 
        7113(d)(1)(A)(ii)'' and inserting ``section 6113(d)(1)(A)(ii)''.
            (10) Section 663(b)(2) (20 U.S.C. 1463(b)(2)) is amended by 
        striking and inserting the following:
            ``(2) improving the alignment, compatibility, and 
        development of valid and reliable assessments and alternate 
        assessments for assessing student academic achievement, as 
        described under section 1111(b)(2) of the Elementary and 
        Secondary Education Act of 1965;''.
            (11) Section 681(d)(3)(K) (20 U.S.C. 1481(d)(3)(K)) is 
        amended by striking ``payments under title VIII of the 
        Elementary and Secondary Education Act of 1965;'' and inserting 
        ``payments under title VII of the Elementary and Secondary 
        Education Act of 1965;''.

    (tt) <<NOTE: 50 USC 3205.>> National Security Act of 1947.--Section 
1015(2)(A) of the National Security Act of 1947 (50 U.S.C. 441j-4(2)(A)) 
is amended by striking ``section 9101(26) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801(26)));'' and inserting 
``section 8101 of the Elementary and Secondary Education Act of 
1965);''.

    (uu) Internal Revenue Code of 1986.--The Internal Revenue Code of 
1986 is amended as follows:
            (1) Section 54E(d)(2) <<NOTE: 26 USC 54E.>> is amended by 
        striking ``section 9101 of the Elementary and Secondary 
        Education Act of 1965'' and inserting ``section 8101 of the 
        Elementary and Secondary Education Act of 1965''.
            (2) Section 457(e)(11)(D)(ii)(I) is amended by striking 
        ``section 9101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801)'' and inserting ``section 8101 of the 
        Elementary and Secondary Education Act of 1965''.
            (3) Section 1397E(d)(4)(B) is amended by striking ``section 
        9101 of the Elementary and Secondary Education Act of 1965'' and 
        inserting ``section 8101 of the Elementary and Secondary 
        Education Act of 1965''.

[[Page 129 STAT. 2184]]

    (vv) James Madison Memorial Fellowship Act.--Section 815(4) of the 
James Madison Memorial Fellowship Act (20 U.S.C. 4514(4)) is amended by 
striking ``9101'' and inserting ``8101''.
    (ww) John Warner National Defense Authorization Act for Fiscal Year 
2007.--Section 572(c) of the National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2226) is amended by 
striking ``section 8013(9) of the Elementary and Secondary Education Act 
of 1965 ( 20 U.S.C. 7713(9))'' and inserting ``section 8101 of the 
Elementary and Secondary Education Act of 1965''.
    (xx) Legislative Branch Appropriations Act, 1987.--Section 
104(3)(B)(ii) of the Legislative Branch Appropriations Act, 1987 (as 
incorporated by reference in section 101(j) of Public Law 99-500 and 
Public Law 99-591) (2 U.S.C. 5540(3)(B)(ii)) is amended by striking 
``given such terms in section 9101'' and inserting ``given the terms 
elementary school and secondary school in section 8101''.
    (yy) Legislative Branch Appropriations Act, 1997.--Section 5(d)(1) 
of the Legislative Branch Appropriations Act, 1997 (2 U.S.C. 
66319(d)(1)) is amended by striking ``public elementary or secondary 
school as such terms are defined in section 9101'' and inserting 
``elementary school or secondary school, as such terms are defined in 
section 8101''.
    (zz) McKinney-Vento Homeless Assistance Act.--Section 725(3) of the 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(3)) is amended 
by striking ``section 9101 of the Elementary and Secondary Education Act 
of 1965'' and inserting ``section 8101 of the Elementary and Secondary 
Education Act of 1965''.
    (aaa) Museum and Library Services Act.--The Museum and Library 
Services Act (20 U.S.C. 9161 et seq.) is amended as follows:
            (1) Section 204(f) (20 U.S.C. 9103(f)) is amended by 
        striking paragraph (1) and inserting the following:
            ``(1) activities under section 2226 of the Elementary and 
        Secondary Education Act of 1965;''.
            (2) Section 224(b)(6)(A) (20 U.S.C. 9134(b)(6)(A)) is 
        amended by striking ``including coordination with the activities 
        within the State that are supported by a grant under section 
        1251 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6383)'' and inserting ``including coordination with the 
        activities within the State that are supported by a grant under 
        section 2226 of the Elementary and Secondary Education Act of 
        1965''.
            (3) Section 261 (20 U.S.C. 9161) is amended by striking 
        ``represent Native Hawaiians (as the term is defined in section 
        7207 of the Native Hawaiian Education Act'' and inserting 
        ``represent Native Hawaiians (as the term is defined in section 
        6207 of the Native Hawaiian Education Act)''.
            (4) Section 274(d) (20 U.S.C. 9173(d)) is amended by 
        striking ``represent Native Hawaiians (as defined in section 
        7207 of the Native Hawaiian Education Act (20 U.S.C. 7517)),'' 
        and inserting ``represent Native Hawaiians (as defined in 
        section 6207 of the Native Hawaiian Education Act),''.

    (bbb) National and Community Service Act of 1990.--The National and 
Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended as 
follows:
            (1) Section 101 (42 U.S.C. 12511) is amended--
                    (A) in paragraph (15), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965''

[[Page 129 STAT. 2185]]

                and inserting ``section 8101 of the Elementary and 
                Secondary Education Act of 1965'';
                    (B) in paragraph (24), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965'' and 
                inserting ``section 8101 of the Elementary and Secondary 
                Education Act of 1965'';
                    (C) in paragraph (39), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965'' and 
                inserting ``section 8101 of the Elementary and Secondary 
                Education Act of 1965''; and
                    (D) in paragraph (45), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965'' and 
                inserting ``section 8101 of the Elementary and Secondary 
                Education Act of 1965''.
            (2) Section 112(a)(1)(F) (42 U.S.C. 12523(a)(1)(F)) is 
        amended by striking ``not making adequate yearly progress for 
        two or more consecutive years under section 1111 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
        et seq.)'' and inserting ``implementing comprehensive support 
        and improvement activities or targeted support and improvement 
        activities under section 1111(d) of the Elementary and Secondary 
        Education Act of 1965''.
            (3) Section 119(a)(2)(A)(ii)(II) (42 U.S.C. 12563) is 
        amended by striking ``the graduation rate (as defined in section 
        1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in 
        applicable regulations promulgated by the Department of 
        Education'' and inserting ``the four-year adjusted cohort 
        graduation rate (as defined in section 8101 of the Elementary 
        and Secondary Education Act of 1965)''.
            (4) Section 122(a)(1) (42 U.S.C. 12572(a)(1)) is amended in 
        subparagraph (C)(iii), by striking ``secondary school graduation 
        rates as defined in section 1111(b)(2)(C)(vi) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 
        6311(b)(2)(C)(vi)) and as clarified in applicable regulations 
        promulgated by the Department of Education'' and inserting 
        ``four-year adjusted cohort graduation rate (as defined in 
        section 8101 of the Elementary and Secondary Education Act of 
        1965)''.

    (ccc) National Defense Authorization Act for Fiscal Year 2006.--
Section 572 of the National Defense Authorization Act for Fiscal Year 
2006 (20 U.S.C. 7703b) is amended--
            (1) in subsection (a)(2), by striking ``section 8003(a)(1) 
        of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7703(a)(1)).'' and inserting ``section 7003(a)(1) of the 
        Elementary and Secondary Education Act of 1965.''; and
            (2) in subsection (e)(2), by striking ``section 8013(9) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7713(9)).'' and inserting ``section 7013(9) of the Elementary 
        and Secondary Education Act of 1965.''.

    (ddd) National Defense Authorization Act for Fiscal Year 2012.--
Section 532(a)(1) of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112-81) (10 U.S.C. 503 note; 125 Stat. 1403(a)(1)) 
is amended by striking ``(as defined in section 9101(38) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38)).'' 
and inserting ``(as defined in section 8101 of the Elementary and 
Secondary Education Act of 1965).''.

[[Page 129 STAT. 2186]]

    (eee) National Defense Authorization Act for Fiscal Year 2014.--
Section 573 of the National Defense Authorization Act for Fiscal Year 
2014 (Public Law 113-66) (10 U.S.C. 503 note; 127 Stat. 772) is 
amended--
            (1) in subsection (a)(1), by striking ``(as defined in 
        section 9101(38) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 7801(38)),'' and inserting ``(as defined in 
        section 8101 of the Elementary and Secondary Education Act of 
        1965),''; and
            (2) in subsection (b), by striking ``(as defined in section 
        9101(38) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 7801(38))'' and inserting ``(as defined in section 
        8101 of the Elementary and Secondary Education Act of 1965)''.

    (fff) National Environmental Education Act.--Section 3(5) of the 
National Environmental Education Act (20 U.S.C. 5502(5)) is amended by 
striking `` `local educational agency' means any education agency as 
defined in section 9101 of the Elementary and Secondary Education Act of 
1965 and shall include any tribal education agency;'' and inserting `` 
`local educational agency' means any education agency as defined in 
section 8101 of the Elementary and Secondary Education Act of 1965 and 
shall include any tribal education agency;''.
    (ggg) National Science Foundation Authorization Act of 2002.--The 
National Science Foundation Authorization Act of 2002 (Public Law 107-
368; 116 Stat. 3034) is amended as follows:
            (1) Section 4 (42 U.S.C. 1862n note) is amended--
                    (A) in paragraph (3), by striking ``The term 
                `community college' has the meaning given such term in 
                section 3301(3) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7011(3))'' and 
                inserting ``The term `community college' means an 
                institution of higher education as defined in section 
                101 of the Higher Education Act of 1965 that provides 
                not less than a 2-year degree that is acceptable for 
                full credit toward a bachelor's degree, including 
                institutions of higher education receiving assistance 
                under the Tribally Controlled College or University 
                Assistance Act of 1978'';
                    (B) in paragraph (5), by striking ``section 9101(18) 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 7801(18))'' and inserting ``section 8101 of 
                the Elementary and Secondary Education Act of 1965'';
                    (C) in paragraph (10), by striking ``section 
                9101(26) of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 7801(26))'' and inserting ``section 
                8101 of the Elementary and Secondary Education Act of 
                1965'';
                    (D) in paragraph (13), by striking ``section 
                9101(38) of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 7801(38))'' and inserting ``section 
                8101 of the Elementary and Secondary Education Act of 
                1965''; and
                    (E) in paragraph (15), by striking ``section 
                9101(41) of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 7801(41))'' and inserting ``section 
                8101 of the Elementary and Secondary Education Act of 
                1965''.
            (2) Section 9 (42 U.S.C. 1862n) is amended--
                    (A) in subsection (a)(10)(A)(iii) in subclause 
                (III), by striking ``(as described in section 1114(a)(1) 
                of the Elementary and Secondary Education Act of 1965 
                (20

[[Page 129 STAT. 2187]]

                U.S.C. 6314(a)(1))'' and inserting ``(as described in 
                section 1114(a)(1)(A))''; and
                    (B) in subsection (c)(4), by striking ``the program 
                authorized under part B of title II of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 6601 et 
                seq.)'' and inserting ``other programs with similar 
                purposes''.

    (hhh) National Security Act of 1947.--Section 1015(2)(A) of the 
National Security Act of 1947 (50 U.S.C. 3205(2)(A)) is amended by 
striking ``(as that term is defined in section 9101(26) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)))'' 
and inserting ``(as that term is defined in section 8101 of the 
Elementary and Secondary Education Act of 1965)''.
    (iii) Native American Languages Act.--Section 103 of the Native 
American Languages Act (25 U.S.C. 2902) is amended--
            (1) in paragraph (2), by striking ``section 7151(3) of the 
        Elementary and Secondary Education Act of 1965'' and inserting 
        ``section 6151(3) of the Elementary and Secondary Education Act 
        of 1965''; and
            (2) in paragraph (3), by striking ``section 7207 of the 
        Elementary and Secondary Education Act of 1965'' and inserting 
        ``section 6207 of the Elementary and Secondary Education Act of 
        1965''.

    (jjj) Native Hawaiian Health Care Improvement Act.--Section 6(c)(4) 
of the Native Hawaiian Health Care Improvement Act (42 U.S.C. 
11705(c)(4)) is amended by striking ``private educational organization 
identified in section 7202(16) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7512(16)) to continue to offer its educational 
programs and services to Native Hawaiians (as defined in section 7207 of 
that Act (20 U.S.C. 7517)) first and to others'' and inserting ``private 
educational organization identified in section 7202(16) of the 
Elementary and Secondary Education Act of 1965 (as such section was in 
effect on the day before the date of enactment of the Every Student 
Succeeds Act) to continue to offer its educational programs and services 
to Native Hawaiians (as defined in section 6207 of the Elementary and 
Secondary Education Act of 1965) first and to others''.
    (kkk) Public Health Service Act.--The Public Health Service Act is 
amended as follows:
            (1) Section 319C-1(b)(2)(A)(vii) (42 U.S.C. 247d-
        3a(b)(2)(A)(vii)) is amended by striking ``including State 
        educational agencies (as defined in section 9101(41) of the 
        Elementary and Secondary Education Act of 1965)'' and inserting 
        ``including State educational agencies (as defined in section 
        8101 of the Elementary and Secondary Education Act of 1965)''.
            (2) Section 399L(d)(3)(A) (42 U.S.C. 280g(d)(3)(A)) is 
        amended by striking ``section 9101 of the Elementary and 
        Secondary Education Act of 1965'' and inserting ``section 8101 
        of the Elementary and Secondary Education Act of 1965''.
            (3) Section 520E(l)(2) (42 U.S.C. 290bb-36(l)(2)) is amended 
        by striking ``elementary or secondary school (as such terms are 
        defined in section 9101 of the Elementary and Secondary 
        Education Act of 1965)'' and inserting ``elementary school or 
        secondary school (as such terms are defined in section 8101 of 
        the Elementary and Secondary Education Act of 1965)''.

    (lll) Refugee Education Assistance Act of 1980.--Section 101(1) of 
the Refugee Education Assistance Act of 1980 (8 U.S.C.

[[Page 129 STAT. 2188]]

1522 note) is amended by striking ``such terms under section 9101 of the 
Elementary and Secondary Education Act of 1965'' and inserting ``such 
terms under section 8101 of the Elementary and Secondary Education Act 
of 1965''.
    (mmm) Rehabilitation Act of 1973.--The Rehabilitation Act of 1973 
(29 U.S.C. 701 et seq.) is amended as follows:
            (1) Section 202(b)(4)(A)(i) (29 U.S.C. 762(b)(4)(A)(i)) is 
        amended by striking ``(as defined in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801)); and'' and inserting ``(as defined in section 8101 of the 
        Elementary and Secondary Education Act of 1965); and''.
            (2) Section 206 (29 U.S.C. 766) is amended by striking ``(as 
        such terms are defined in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801))'' and 
        inserting ``(as such terms are defined in section 8101 of the 
        Elementary and Secondary Education Act of 1965)''.
            (3) Section 504(b)(2)(B) (29 U.S.C. 794(b)(2)(B)) is amended 
        by striking ``(as defined in section 9101 of the Elementary and 
        Secondary Education Act of 1965)'' and inserting ``(as defined 
        in section 8101 of the Elementary and Secondary Education Act of 
        1965)''.
            (4)(A) Section 511(b)(2) (29 U.S.C. 794g(b)(2)), as added by 
        section 458 of the Workforce Innovation and Opportunity Act 
        (Public Law 113-128; 128 Stat. 1676), is amended by striking 
        ``local educational agency (as defined in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) 
        or a State educational agency (as defined in such section)'' and 
        inserting ``local educational agency (as defined in section 8101 
        of the Elementary and Secondary Education Act of 1965) or a 
        State educational agency (as defined in such section)''.
            (B) <<NOTE: 29 USC 794g note.>> The amendment made by 
        subparagraph (A) shall take effect on the same date as section 
        458(a) of the Workforce Innovation and Opportunity Act (Public 
        Law 113-128; 128 Stat. 1676) takes effect, and as if enacted as 
        part of such section.

    (nnn) <<NOTE: 29 USC 1760.>> Richard B. Russell National School 
Lunch Act.--The Richard B. Russell National School Lunch Act (42 U.S.C. 
1751 et seq.) is amended in section 12(d)(4) (42 U.S.C. 1769a(d)(4)) by 
striking ``section 9101 of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801)'' and inserting ``section 8101 of the Elementary 
and Secondary Education Act of 1965''.

    (ooo) Safe Drinking Water Act.--Section 1461 of the Safe Drinking 
Water Act (42 U.S.C. 300j-21(3)) is amended--
            (1) in paragraph (3), by striking ``section 9101 of the 
        Elementary and Secondary Education Act of 1965'' and inserting 
        ``section 8101 of the Elementary and Secondary Education Act of 
        1965''; and
            (2) in paragraph (6), by striking ``section 9101 of the 
        Elementary and Secondary Education Act of 1965'' and inserting 
        ``section 8101 of the Elementary and Secondary Education Act of 
        1965''.

    (ppp) Scholarships for Opportunity and Results Act.--The 
Scholarships for Opportunity and Results Act (division C of Public Law 
112-10; sec. 38-1853.01 et seq., D.C. Official Code) is amended as 
follows:
            (1) In section 3003 (sec. 38-1853.03, D.C. Official Code), 
        by striking ``identified for improvement, corrective action, or

[[Page 129 STAT. 2189]]

        restructuring under section 1116 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6316)'' and inserting 
        ``implementing comprehensive support and improvement activities 
        or targeted support and improvement activities under section 
        1111(d) of the Elementary and Secondary Education Act of 1965''.
            (2) In section 3006(1)(A) (sec. 38-1853.06(1)(A), D.C. 
        Official Code), by striking ``identified for improvement, 
        corrective action, or restructuring under section 1116 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6316)'' and inserting ``implementing comprehensive support and 
        improvement activities or targeted support and improvement 
        activities under section 1111(d) of the Elementary and Secondary 
        Education Act of 1965''.
            (3) In section 3007 (sec. 38-1853.07, D.C. Official Code)--
                    (A) in subsection (a)(4)(F), by striking ``ensures 
                that, with respect to core academic subjects (as such 
                term is defined in section 9101(11) of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 
                7801(11))'' and inserting ``ensures that, with respect 
                to core academic subjects (as such term was defined in 
                section 9101(11) of the Elementary and Secondary Act of 
                1965 (20 U.S.C. 7801(11)) on the day before the date of 
                enactment of the Every Student Succeeds Act)''; and
                    (B) in subsection (d), by striking ``identified for 
                improvement, corrective action, or restructuring under 
                section 1116 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6316)'' and inserting 
                ``implementing comprehensive support and improvement 
                activities or targeted support and improvement 
                activities under section 1111(d) of the Elementary and 
                Secondary Education Act of 1965''.
            (4) In section 3013 (sec. D.C. Code 38-1853.13, D.C. 
        Official Code)--
                    (A) in paragraph (5), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801)'' and inserting ``section 8101 of the 
                Elementary and Secondary Education Act of 1965''; and
                    (B) in paragraph (8), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801)'' and inserting ``section 8101 of the 
                Elementary and Secondary Education Act of 1965''.

    (qqq) Social Security Act.--The Social Security Act (42 U.S.C. 301 
et seq.) is amended as follows:
            (1) Section 475(1)(G)(ii)(I) (42 U.S.C. 675(1)(G)(ii)(I)) is 
        amended by striking ``local educational agencies (as defined 
        under section 9101 of the Elementary and Secondary Education Act 
        of 1965)'' and inserting ``local educational agencies (as 
        defined under section 8101 of the Elementary and Secondary 
        Education Act of 1965)''.
            (2) Section 2110(c)(9)(B)(v) (42 U.S.C. 1397jj(c)(9)(B)(v)) 
        is amended by striking ``as defined under section 9101 of the 
        Elementary and Secondary Education Act of 1965'' and inserting 
        ``as defined under section 8101 of the Elementary and Secondary 
        Education Act of 1965''.

    (rrr) State Dependent Care Development Grants Act.--Section 670G(6) 
of the State Dependent Care Development Grants

[[Page 129 STAT. 2190]]

Act (42 U.S.C. 9877(6)) is amended by striking ``section 9101 of the 
Elementary and Secondary Education Act of 1965 of the Elementary and 
Secondary Education Act of 1965'' and inserting ``section 8101 of the 
Elementary and Secondary Education Act of 1965''.
    (sss) Stevenson-Wydler Technology Innovation Act of 1980.--Section 
5(c)(8) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3704(c)(8)) is amended--
            (1) in subparagraph (D), by striking ``section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801)'' and inserting ``section 8101 of the Elementary and 
        Secondary Education Act of 1965'';
            (2) in subparagraph (G), by striking ``section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801)'' and inserting ``section 8101 of the Elementary and 
        Secondary Education Act of 1965''; and
            (3) in subparagraph (H), by striking ``section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801)'' and inserting ``section 8101 of the Elementary and 
        Secondary Education Act of 1965''.

    (ttt) Telecommunications Act of 1996.--Section 706(d)(2) of the 
Telecommunications Act of 1996 (47 U.S.C. 1302(d)(2)) is amended by 
striking ``section 9101 of the Elementary and Secondary Education Act of 
1965'' and inserting ``section 8101 of the Elementary and Secondary 
Education Act of 1965''.
    (uuu) Title 10, United States Code.--Title 10, United States Code, 
is amended as follows:
            (1) Section 503 of title 10, United States Code, is amended 
        by striking ``section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801)'' and inserting ``section 
        8101 of the Elementary and Secondary Education Act of 1965''.
            (2) Section 1154(a) of title 10, United States Code, is 
        amended--
                    (A) in paragraph (1), by striking ``section 5210(1) 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 7221i(1))'' and inserting ``section 4310 of 
                the Elementary and Secondary Education Act of 1965'';
                    (B) in paragraph (3)(C), by striking ``section 
                6211(b) of the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 7345(b))'' and inserting ``section 
                5211(b) of the Elementary and Secondary Education Act of 
                1965''; and
                    (C) in paragraph (8), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801)'' and inserting ``section 8101 of the 
                Elementary and Secondary Education Act of 1965''.
            (3) Section 2008 of title 10, United States Code, is amended 
        by striking ``section 8013(3) of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7713(3)), or to carry out 
        section 8008 of such Act (20 U.S.C. 7708)'' and inserting 
        ``section 7013(3) of the Elementary and Secondary Education Act 
        of 1965, or to carry out section 7008 of such Act''.
            (4) Section 2194(f)(2) of title 10, United States Code, is 
        amended by striking ``section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801)'' and inserting 
        ``section 8101 of the Elementary and Secondary Education Act of 
        1965''.

[[Page 129 STAT. 2191]]

    (vvv) Title 23, United States Code.--Section 504(d)(4) of title 23, 
United States Code, is amended--
            (1) in subparagraph (B), by striking ``section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801)'' and inserting ``section 8101 of the Elementary and 
        Secondary Education Act of 1965''; and
            (2) in subparagraph (C), by striking ``section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801)'' and inserting ``section 8101 of the Elementary and 
        Secondary Education Act of 1965''.

    (www) Title 40, United States Code.--Section 502(c)(3)(C) of title 
40, United States Code, is amended by striking ``section 8013 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713)'' and 
inserting ``section 7013 of the Elementary and Secondary Education Act 
of 1965''.
    (xxx) Toxic Substances Control Act.--The Toxic Substances Control 
Act (15 U.S.C. 2601 et seq.) is amended as follows:
            (1) Section 202 (15 U.S.C. 2642) is amended--
                    (A) in paragraph (7), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965'' and 
                inserting ``section 8101 of the Elementary and Secondary 
                Education Act of 1965'';
                    (B) in paragraph (9), by striking ``any elementary 
                or secondary school (as defined in section 9101 of the 
                Elementary and Secondary Education Act of 1965)'' and 
                inserting ``any elementary school or secondary school 
                (as defined in section 8101 of the Elementary and 
                Secondary Education Act of 1965)''; and
                    (C) in paragraph (12), by striking ``elementary or 
                secondary school as defined in section 9101 of the 
                Elementary and Secondary Education Act of 1965'' and 
                inserting ``elementary school or secondary school as 
                defined in section 8101 of the Elementary and Secondary 
                Education Act of 1965''.
            (2) Section 302(1) (15 U.S.C. 2662(1)) is amended by 
        striking ``section 9101 of the Elementary and Secondary 
        Education Act of 1965'' and inserting ``section 8101 of the 
        Elementary and Secondary Education Act of 1965''.

    (yyy) Workforce Innovation and Opportunity Act.--The Workforce 
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) is amended as 
follows:
            (1) Section 3 (29 U.S.C. 3102) is amended--
                    (A) in paragraph (34), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801)'' and inserting ``section 8101 of the 
                Elementary and Secondary Education Act of 1965''; and
                    (B) in paragraph (55), by striking ``section 9101 of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801)'' and inserting ``section 8101 of the 
                Elementary and Secondary Education Act of 1965''.
            (2) Section 102(b)(2)(D)(ii)(I) (29 U.S.C. 
        3112(b)(2)(D)(ii)(I)) is amended by striking ``with State-
        adopted challenging academic content standards, as adopted under 
        section 1111(b)(1) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6311(b)(1))'' and inserting ``with 
        challenging State academic standards, as adopted under section 
        1111(b)(1) of the

[[Page 129 STAT. 2192]]

        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6311(b)(1))''.
            (3) Section 129(c)(1)(C) (29 U.S.C. 3164(c)(1)(C)) is 
        amended by striking ``(based on State academic content and 
        student academic achievement standards established under section 
        1111 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6311))'' and inserting ``(based on challenging State 
        academic standards established under section 1111(b)(1) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6311(b)(1))''.
            (4) Section 166(b)(3) (29 U.S.C. 3221(b)(3)) is amended by 
        striking ``section 7207 of the Native Hawaiian Education Act (20 
        U.S.C. 7517).'' and inserting ``section 6207 of the Native 
        Hawaiian Education Act.''.

    Approved December 10, 2015.

LEGISLATIVE HISTORY--S. 1177 (H.R. 5):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 114-24, Pt. 1 (Comm. on Education and the Workforce) 
accompanying H.R. 5 and 114-354 (Comm. of Conference).
SENATE REPORTS: No. 114-231 (Comm. on Health, Education, Labor, and 
Pensions).
CONGRESSIONAL RECORD, Vol. 161 (2015):
            July 7-9, 13-16, considered and passed Senate.
            Nov. 17, considered and passed House, amended, pursuant to 
                H. Res. 526.
            Dec. 2, House agreed to conference report.
            Dec. 3, 8, 9, Senate considered and agreed to conference 
                report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2015):
            Dec. 10, Presidential remarks.

                                  <all>
```