" ! HOUSE OF REPRESENTATIVES 113TH CONGRESS

1st Session 

REPORT

113–158 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 

5) TO SUPPORT STATE AND LOCAL ACCOUNTABILITY FOR PUBLIC EDUCATION, PROTECT STATE 

AND LOCAL AUTHORITY, INFORM PARENTS OF THE 

PERFORMANCE OF THEIR CHILDREN’S SCHOOLS, 

AND FOR OTHER PURPOSES 

R E P O R T 

OF THE

COMMITTEE ON RULES 

TO ACCOMPANY

H. Res. 303 

JULY 17, 2013.—Referred to the House Calendar and ordered to be 

printed 


tjames on DSK6SPTVN1PROD with REPORTSE:\Seals\Congress.#13
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5) TO SUPPORT STATE AND LOCAL ACCOUNTOF THE PERFORMANCE OF THEIR CHILDREN’S SCHOOLS, AND FOR OTHER PURPOSES ABILITY FOR PUBLIC EDUCATION, PROTECT STATE AND LOCAL AUTHORITY, INFORM PARENTS 


tjames on DSK6SPTVN1PROD with REPORTS
U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

81–951 

" ! HOUSE OF REPRESENTATIVES 113TH CONGRESS

1st Session 

REPORT

2013

113–158 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 

5) TO SUPPORT STATE AND LOCAL ACCOUNTABILITY FOR PUBLIC EDUCATION, PROTECT STATE 

AND LOCAL AUTHORITY, INFORM PARENTS OF THE 

PERFORMANCE OF THEIR CHILDREN’S SCHOOLS, 

AND FOR OTHER PURPOSES 

R E P O R T 

OF THE

COMMITTEE ON RULES 

TO ACCOMPANY

H. Res. 303 

JULY 17, 2013.—Referred to the House Calendar and ordered to be 

printed 


tjames on DSK6SPTVN1PROD with REPORTSE:\Seals\Congress.#13

tjames on DSK6SPTVN1PROD with REPORTS
113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–158 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5) TO SUPPORT 

STATE AND LOCAL ACCOUNTABILITY FOR PUBLIC EDUCATION, PROTECT STATE AND LOCAL AUTHORITY, INFORM PARENTS OF THE PERFORMANCE OF THEIR CHILDREN’S SCHOOLS, AND FOR OTHER PURPOSES 

JULY 17, 2013.—Referred to the House Calendar and ordered to be printed 

Ms. FOXX, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 303] 

The Committee on Rules, having had under consideration House 

Resolution 303, by a vote of 8 to 4, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 5, the Student 

Success Act, under a structured rule. The resolution provides one 

hour of general debate equally divided and controlled by the chair 

and ranking minority member of the Committee on Education and 

the Workforce. The resolution waives all points of order against 

consideration of the bill. The resolution makes in order as original 

text for the purpose of amendment an amendment in the nature of 

a substitute consisting of the text of Rules Committee Print 113– 

18 and provides that it shall be considered as read. The resolution 

waives all points of order against the amendment in the nature of 

a substitute. The resolution makes in order only those further 

amendments printed in this report. Each such amendment may be 

offered only in the order printed in this report, may be offered only 

by a Member designated in this report, shall be considered as read, 

shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, may be 

withdrawn by its proponent at any time before action thereon, shall 

not be subject to amendment, and shall not be subject to a demand 

for division of the question in the House or in the Committee of the 

Whole. The resolution waives all points of order against the amendments printed in this report. The resolution provides one motion to 

recommit with or without instructions. 


tjames on DSK6SPTVN1PROD with REPORTS
2 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

includes a waiver of section 3(j)(2) of H. Res. 5 (113th Congress). 

While the Committee on Education and the Workforce statement in 

its report does not include the required specific references to reports from the Government Accountability Office to Congress pursuant to section 21 of Public Law 111–139 or the most recent Catalog of Federal Domestic Assistance, the Committee on Education 

and the Workforce has determined that the bill streamlines and 

eliminates more than seventy existing elementary and secondary 

education programs. 

Although the resolution waives all points of order against the 

amendment in the nature of a substitute made in order as original 

text, the Committee is not aware of any points of order. The waiver 

is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments printed in this report, the Committee is not aware of 

any points of order. The waiver is prophylactic in nature. 

Rules Committee record vote No. 56 

Motion by Mr. McGovern to report an open rule. Defeated: 4–8 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Bishop of Utah .......................................... Nay Mr. McGovern ................................................... Yea 

Mr. Cole ............................................................ Nay Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Nugent ....................................................... ...................

Mr. Webster ...................................................... Nay 

Ms. Ros-Lehtinen ............................................. Nay 

Mr. Burgess ...................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 57 

Motion by Mr. Polis to make in order and provide the appropriate waivers for amendment #24, offered by Rep. Polis (CO), 

which establishes a comprehensive federal prohibition of discrimination in public schools based on actual or perceived sexual orientation or gender identity. Defeated: 5–7. 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Bishop of Utah .......................................... Nay Mr. McGovern ................................................... Yea 

Mr. Cole ............................................................ Nay Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Nugent ....................................................... ...................

Mr. Webster ...................................................... Nay 

Ms. Ros-Lehtinen ............................................. Yea 

Mr. Burgess ...................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 58 

Motion by Ms. Foxx to report the rule. Adopted: 8–4. 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Yea Ms. Slaughter .................................................. Nay 

Mr. Bishop of Utah .......................................... Yea Mr. McGovern ................................................... Nay 


tjames on DSK6SPTVN1PROD with REPORTS
3 

Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ Yea Mr. Hastings of Florida ................................... Nay 

Mr. Woodall ...................................................... Yea Mr. Polis ........................................................... Nay 

Mr. Nugent ....................................................... ...................

Mr. Webster ...................................................... Yea 

Ms. Ros-Lehtinen ............................................. Yea 

Mr. Burgess ...................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Kline (MN), Rokita (IN): MANAGERS Clarifies that a state 

opting not to receive funds for a program under the Act shall not 

be required to carry out any of the requirements of such program 

and that states and school districts can support civics education efforts, and makes other technical improvements. (10 minutes) 

2. Young, Don (AK), Gabbard (HI), Hanabusa (HI), McCollum 

(MN): Restores, and makes policy improvements to, educational 

support programs for American Indian, Alaska Native, and Native 

Hawaiian students which are currently authorized under Title VII 

of the Elementary and Secondary Education Act and would be diminished by H.R. 5, the Student Success Act. (10 minutes) 

3. Ca ́ rdenas (CA): Increases the authorized funding level to 

$775,000,000 until FY 2019. (10 minutes) 

4. Luetkemeyer (MO): Expresses the sense of the Congress that 

States and local education agencies should maintain the rights and 

responsibilities of determining curriculum and assessments for elementary and secondary education. (10 minutes) 

5. Jackson Lee (TX): States that if funding for awards to states 

is not sufficient then funding will be targeted to schools serving neglected, delinquent, migrant students, English learners, at-risk students, and Native Americans, to increase academic achievements of 

such students. (10 minutes) 

6. Bentivolio (MI): Requires State educational agencies to consult 

with private sector employers and entrepreneurs as part of its education plan. It also requires the Secretary to have representatives 

from private sector employers appointed to the peer-review process 

by reducing practitioners from 75 percent to 65 percent. (10 minutes) 

7. McMorris Rodgers (WA): Reinstates the 1 percent cap as it relates to students with the most significant cognizant disabilities 

participating in the alternate assessments; ensures alternate assessments are tied to academic content standards for grade in 

which student enrolled; and ensures parents are involved in the development of assessments as it relates to the student’s individualized education program. (10 minutes) 

8. Reed (NY), McKinley (WV), Owens (NY): Clarifies that LEA’s 

and SEA’s are able to use multiple measures when identifying academic performance measurements instead of the current one-sizefits-all testing assessments. (10 minutes) 

9. Benishek (MI): Encourages states to include the number of 

students attaining career and technical education proficiencies enrolled in public secondary schools, in its annual State report card. 

This information is already required to be collected by the Perkins 

Act, and would simply streamline access to information to the public. (10 minutes) 


tjames on DSK6SPTVN1PROD with REPORTS
4 

10. Heck (NV): Provides LEAs with the option of entering into 

partnerships or contracts with other entities to implement programs that serve youth in, or transitioning out of, institutions and 

correctional facilities, and youth at-risk of dropping out of school. 

This would provide LEAs with the option to partner with organizations that have the existing experience and resources to enhance 

the effectiveness of services provided by school districts to vulnerable populations through the Neglected/Delinquent program in an 

integrated fashion. (10 minutes) 

11. Schock (IL), Meehan (PA): Ensures that greater authority 

and governance are restored to local educational agencies as delegated by their States. It also ensures that the Secretary of Education does not impose any additional requirements or burdens on 

local educational agencies unless explicitly authorized by federal 

law. (10 minutes) 

12. Scalise (LA), Bishop, Rob (UT): States that under Title II in 

H.R. 5 there would be no federal mandate for States to conduct 

teacher evaluations. (10 minutes) 

13. Moore, Gwen (WI), Wilson (FL): Delays implementation of 

new Title II formula until the Secretary of Education determines 

that the implementation will not reduce funding for schools serving 

high percentages of students in poverty. (10 minutes) 

14. Bishop, Rob (UT): Eliminates Subsection C of Section 2111, 

which allows grant money to bypass states and go directly from the 

Department of Education to local districts. (10 minutes) 

15. Tonko (NY): Reserves 10% of existing grant funding under 

the Teacher and Principal Training and Recruiting Fund for competitive subgrants that would allow organizations with STEM expertise to provide STEM professional development and instructional materials throughout the state for elementary and secondary 

education. (10 minutes) 

16. Brooks, Susan (IN), Polis (CO): Clarifies that federal funds 

may be used for computer science education. (10 minutes) 

17. Polis (CO), Petri (WI): Allows charter schools to use grant 

funds for teacher preparation, professional development, and improving school conditions; ensures that charter schools expand outreach to low-income and underserved populations. (10 minutes) 

18. Vela ́zquez (NY): Requires that applicants consider how to target their services to low-income students and parents, including 

low-income students and parents who are not proficient in English. 

(10 minutes) 

19. Mullin, Markwayne (OK): Strikes language in the bill that allows consolidated districts to be eligible for payment if they do not 

qualify after consolidation; strikes language allowing for mid-year 

adjustment for student counts; makes the 8007 Construction Program a competitive grant program. (10 minutes) 

20. Garrett (NJ): Clarifies that states that opt out of receiving 

funds, or are not awarded funds, under this Act are not required 

to carry out any of the requirements of the programs under this 

Act. The amendment also clarifies that states are not required to 

participate in any program under this Act. (10 minutes) 

21. Broun (GA): Requires the Secretary of Education to include 

in their report to Congress the average salary of employees who 

were determined to be associated with eliminated or consolidated 

programs or projects by the underlying legislation and a report on 


tjames on DSK6SPTVN1PROD with REPORTS
5 

the average salaries of the employees of the Department according 

to their job function. (10 minutes) 

22. Culberson (TX): Empowers States by giving them the opportunity to accept or reject federal grant money. Grant money rejected by State legislatures would be dedicated to paying off our 

outstanding national debt. (10 minutes) 

23. Fitzpatrick (PA), Meehan (PA): Provides a funding condition 

for a state or local educational agency to be eligible for funds, agency personnel cannot facilitate the transfer of an employee if they 

know, or have probable cause to believe, that the employee has engaged in sexual misconduct with a minor. Agencies must also require employees be subjected to background checks in compliance 

with the Adam Walsh Child Protection and Safety Act. (10 minutes) 

24. Jackson Lee (TX): Creates a report containing recommendations regarding the advisability of authorizing a state education authority to close a school district over the opposition of a locally 

elected school board, and regarding best practices governing the exercise of authority by a state education agency in monitoring, supervising and controlling under-performing school districts with 

particular emphasis on rural and underserved school districts. (10 

minutes) 

25. Cantor (VA), Bishop, Rob (UT): Allows Title I funds to follow 

students to other public schools or charter schools, upon the state 

opting to allow it. (10 minutes) 

26. Miller, George (CA): SUBSTITUTE Reauthorizes the Elementary and Secondary Education Act to maintain the civil rights and 

equity focus of the law and to ensure all students have access to 

an education that prepares them for college and the workforce. 

Supports all students, and in particular those who are historically 

disadvantaged, through access to high quality state-developed 

standards, a meaningful but flexible accountability and school improvement system, improved and targeted professional development and working conditions for teachers and school leaders, additional learning time and after-school programs, and dedicated supports for wrap-around services for students and a well-rounded 

education. (20 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KLINE OF

MINNESOTA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 25, line 5, insert ‘‘, at the State’s discretion,’’ after ‘‘and’’. 

Page 28, line 13, strike ‘‘and’’. 

Page 28, line 18, strike the period and insert ‘‘, and’’. 

Page 28, after line 18, insert the following: 

‘‘(xiv) where practicable, be developed using the 

principles of universal design for learning as defined 

in section 103(24) of the Higher Education Act of 1965 

(20 U.S.C. 1003(24)).’’. 

Page 54, beginning on line 17, strike ‘‘and early college high 

schools’’ and insert ‘‘, early college high schools, and Advanced 

Placement or International Baccalaureate programs’’. 

Page 195, line 16, strike ‘‘AND TRIBES’’ and insert ‘‘, TRIBES, 

AND ALASKA NATIVE ORGANIZATIONS’’. 


tjames on DSK6SPTVN1PROD with REPORTS
6 

Page 195, line 19, strike ‘‘and Indian tribes’’ and insert ‘‘, Indian 

tribes, and Alaska Native organizations’’. 

Page 197, after line 8, insert the following: 

‘‘(d) ALASKA NATIVE ORGANIZATIONS.—With respect to an Alaska 

Native organization that desires to receive a grant under subsection (c), subsection (c) shall be applied— 

‘‘(1) by substituting ‘Alaska Native organization’ for ‘Indian 

tribe’; and 

‘‘(2) by substituting ‘Alaska Native children’ for ‘Indian children’.’’. 

Page 198, line 16, strike ‘‘or Indian tribes’’ and insert ‘‘, Indian 

tribes, or Alaska Native organizations’’. 

Page 224, line 25, insert ‘‘(including an Alaska Native organization)’’ after ‘‘organization’’. 

Page 236, line 8, insert ‘‘(including Alaska Native organizations)’’ 

after ‘‘organizations’’. 

Page 236, line 10, insert ‘‘(including Alaska Native organizations)’’ after ‘‘organizations’’. 

Page 237, after line 8, insert the following new paragraph: 

‘‘(3) ALASKA NATIVE ORGANIZATION.—The term ‘‘Alaska Native organization’’ means a federally recognized tribe, consortium of tribes, regional nonprofit Native association, or another 

organization that— 

‘‘(A) has or commits to acquire expertise in the education 

of Alaska Natives; and 

‘‘(B) has Alaska Natives in substantive and policymaking 

positions within the organization.’’. 

Page 237, line 9, strike ‘‘(3)’’ and insert ‘‘(4)’’. 

Page 237, line 17, strike ‘‘(4)’’ and insert ‘‘(5)’’. 

Page 251, after line 8, insert the following new subparagraphs: 

‘‘(F) representatives of public charter school authorizers; 

‘‘(G) public charter school leaders;’’. 

Page 251, line 9, strike ‘‘(F)’’ and insert ‘‘(H)’’. 

Page 251, line 11, strike ‘‘(G)’’ and insert ‘‘(I)’’. 

Page 267, line 19, insert ‘‘, including for teachers of civic education’’ after ‘‘teachers’’. 

Page 268, line 21, strike ‘‘and dual enrollment’’ and insert ‘‘, dual 

enrollment, Advanced Placement, or International Baccalaureate’’. 

Page 285, line 15, strike ‘‘and dual enrollment’’ and insert ‘‘, dual 

enrollment, Advanced Placement, or International Baccalaureate’’. 

Page 317, beginning on line 11, strike ‘‘From the amount reserved under section 3102(b)(1), the Secretary shall’’ and insert 

‘‘The Secretary shall not use less than 50 percent of the amount reserved under section 3102(b)(1) to’’. 

Page 320, line 7, strike ‘‘both’’ and insert ‘‘more’’. 

Page 320, after line 18, insert the following new paragraph: 

‘‘(3) The predevelopment costs required to assess sites for 

purposes of paragraph (1) or (2) and which are necessary to 

commence or continue the operation of a charter school.’’. 

Page 363, line 2, strike ‘‘and’’. 

Page 363, line 7, strike the period and insert ‘‘; and’’. 

Page 363, after line 7, insert the following: 

‘‘(11) an assurance that the State will support projects from 

each of the categories listed in section 3204(b)(1)(D) in awarding subgrants to local educational agencies.’’. 


tjames on DSK6SPTVN1PROD with REPORTS
7 

Page 366, line 6, insert ‘‘including civic education,’’ after ‘‘programs,’’. 

Page 372, after line 23, insert the following new paragraph, and 

redesignate the succeeding paragraphs accordingly: 

(1) in subsection (a)(1)(C), by amending the matter preceding 

clause (i) to read as follows: 

‘‘(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—’’. 

Page 377, line 13, strike ‘‘each of’’. 

Page 377, line 14, strike ‘‘2012, 2013, and 2014’’ and insert ‘‘2012 

and 2013’’. 

Page 377, line 17, strike ‘‘each of’’. 

Page 377, beginning on line 17, strike ‘‘2012, 2013, and 2014’’ 

and insert ‘‘2012 and 2013’’. 

Page 470, line 7, insert ‘‘incentivize,’’ after ‘‘direct,’’. 

Page 470, line 10, insert ‘‘incentive,’’ after ‘‘direction,’’. 

Page 475, after line 19, insert the following new section: 

‘‘SEC. 5530. 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.’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE YOUNG OF

ALASKA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, line 21, after the dollar amount insert ‘‘(reduced by 

$195,399,345)’’. 

Page 9, strike lines 2 and 3. 

Page 11, strike line 3. 

Page 11, strike lines 19 and 20. 

Page 194, strike line 1 and all that follows through page 238, line 

15. 

Page 487, strike lines 13 through 16 and insert the following 

(and amend the table of contents accordingly): 


tjames on DSK6SPTVN1PROD with REPORTS
8 

TITLE VI—THE FEDERAL GOVERNMENT’S TRUST RESPONSIBILITY TO 

AMERICAN INDIAN, ALASKA NATIVE, 

AND NATIVE HAWAIIAN EDUCATION 

SEC. 601. THE FEDERAL GOVERNMENT’S TRUST RESPONSIBILITY TO 

AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION. 

Title VI of the Act (20 U.S.C. 7301 et seq.) is amended to read 

as follows: 

‘‘TITLE VI—THE FEDERAL GOVERNMENT’S TRUST RESPONSIBILITY TO AMERICAN INDIAN, ALASKA NATIVE, AND 

NATIVE HAWAIIAN EDUCATION 

‘‘PART A—INDIAN EDUCATION

‘‘SEC. 6101. STATEMENT OF POLICY. 

‘‘It is the policy of the United States to fulfill the Federal Government’s unique and continuing trust relationship with, and responsibility to, the Indian people for the education of Indian children. 

The Federal Government will continue to work with local educational agencies, Indian tribes and organizations, postsecondary 

institutions, and other entities toward the goal of ensuring that 

programs that serve Indian children are of the highest quality and 

provide for not only the basic elementary and secondary educational needs, but also the unique educational and culturally related academic needs of these children. 

‘‘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 American Indian and Alaska Native students, so that such students can meet State student academic 

achievement standards. 

‘‘(2) to ensure that Indian and Alaskan Native students gain 

knowledge and understanding of Native communities, languages, tribal histories, traditions, and cultures; and 

‘‘(3) to ensure that school leaders, teachers, and other staff 

who serve Indian and Alaska Native students have the ability 

to provide culturally appropriate and effective instruction to 

such students. 

‘‘SUBPART 1—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

‘‘SEC. 6111. PURPOSE. 

‘‘It is the purpose of this subpart to support the efforts of local 

educational agencies, Indian tribes and organizations, and other 

entities to improve the academic achievement of American Indian 

and Alaska Native students by providing for their unique cultural, 

language, and educational needs and ensuring that they are prepared to meet State academic standards. 


tjames on DSK6SPTVN1PROD with REPORTS
9 

‘‘SEC. 6112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES. 

‘‘(a) IN GENERAL.—In accordance with this section and section 

6113, the Secretary may make grants from allocations made under 

section 6113, to— 

‘‘(1) local educational agencies; 

‘‘(2) Indian tribes; 

‘‘(3) Indian organizations; and 

‘‘(4) Alaska Native Organizations 

‘‘(b) LOCAL EDUCATIONAL AGENCIES.— 

‘‘(1) ENROLLMENT REQUIREMENTS.—A local educational agency shall be eligible for a grant under this subpart for any fiscal 

year if the number of Indian children eligible under section 

6117 who were enrolled in the schools of the agency, and to 

whom the agency provided free public education, during the 

preceding fiscal year— 

‘‘(A) was at least 10; or 

‘‘(B) constituted not less than 25 percent of the total 

number of individuals enrolled in the schools of such agency. 

‘‘(2) EXCLUSION.—The requirement of paragraph (1) shall not 

apply in Alaska, California, or Oklahoma, or with respect to 

any local educational agency located on, or in proximity to, an 

Indian reservation. 

‘‘(c) INDIAN TRIBES, INDIAN ORGANIZATIONS, ALASKA NATIVE ORGANIZATIONS, AND CONSORTIA.— 

‘‘(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, Indian organization, Alaska Native Organization, or consortium of such entities that represents not less than 1/3 of the 

eligible Indian or Alaska Native 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, Alaska Native Organization, or 

consortium of such entities applying for a grant pursuant 

to paragraph (1) as if such applicant were a local educational agency for purposes of this subpart. 

‘‘(B) EXCEPTIONS.—Notwithstanding subparagraph (A), 

such Indian tribe, Indian organization, Alaska Native Organization, or consortium of such entities shall not be subject to the requirements of section 6114(c)(5), 6118(c), or 

6119. 

‘‘(3) ELIGIBILITY.—If more than 1 applicant qualifies to apply 

for a grant under paragraph (1), the entity that represents the 

most eligible Indian and Alaska Native children who are 

served by the local educational agency shall be eligible to receive the grant or the applicants may apply in consortium and 

jointly operate a program. 

‘‘(d) INDIAN AND ALASKA NATIVE COMMUNITY-BASED ORGANIZATIONS.— 

‘‘(1) IN GENERAL.—If no local educational agency pursuant to 

subsection (b), and no Indian tribe, tribal organization, Alaska 

Native Organization, or consortium pursuant to subsection (c), 

applies for a grant under this subpart, Indian and Alaska NaVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
10 

tive community-based organizations serving the community of 

the local educational agency may apply for the grant. 

‘‘(2) APPLICABILITY OF SPECIAL RULE.—The Secretary shall 

apply the special rule in subsection (c)(2) to a community-based 

organization applying or receiving a grant under paragraph (1) 

in the same manner as such rule applies to an Indian tribe, 

Indian organization, Alaska Native Organization, or consortium . 

‘‘(3) DEFINITION OF INDIAN AND ALASKA NATIVE COMMUNITY- BASED ORGANIZATIONS.—In this subsection, the term ‘Indian 

and Alaska Native community-based organizations’ means any 

organizations that— 

‘‘(A) are composed primarily of the family members of Indian or Alaska Native students, Indian or Alaska Native 

community members, tribal government education officials, 

and tribal members from a specific community; 

‘‘(B) assist in the social, cultural, and educational development of Indians or Alaska Natives in such community; 

‘‘(C) meet the unique cultural, language, and academic 

needs of Indian or Alaska Native students; and 

‘‘(D) demonstrate organizational and administrative capacity to effectively manage the grant. 

‘‘SEC. 6113. AMOUNT OF GRANTS. 

‘‘(a) AMOUNT OF GRANT AWARDS.— ‘‘(1) IN GENERAL.—Except as provided in subsection (b) and 

paragraph (2), the Secretary shall allocate to each local educational agency that has an approved application under this 

subpart an amount equal to the product of— 

‘‘(A) the number of Indian children who are eligible 

under section 6117 and served by such agency; and 

‘‘(B) the greater of— 

‘‘(i) the average per pupil expenditure of the State in 

which such agency is located; or 

‘‘(ii) 80 percent of the average per pupil expenditure 

of all the States. 

‘‘(2) REDUCTION.—The Secretary shall reduce the amount of 

each allocation otherwise determined under this section in accordance with subsection (e). 

‘‘(b) MINIMUM GRANT.— ‘‘(1) IN GENERAL.—Notwithstanding subsection (e), an entity 

that is eligible for a grant under section 6112, and a school 

that is operated or supported by the Bureau of Indian Education that is eligible for a grant under subsection (d), that 

submits an application that is approved by the Secretary, 

shall, subject to appropriations, receive a grant under this subpart in an amount that is not less than $3,000. 

‘‘(2) CONSORTIA.—Local educational agencies may form a consortium for the purpose of obtaining grants under this subpart. 

‘‘(3) INCREASE.—The Secretary may increase the minimum 

grant under paragraph (1) to not more than $4,000 for all 

grantees if the Secretary determines such increase is necessary 

to ensure the quality of the programs provided. 

‘‘(c) DEFINITION.—For the purpose of this section, the term average per pupil expenditure′′, used with respect to a State, means an 

amount equal to— 


tjames on DSK6SPTVN1PROD with REPORTS
11 

‘‘(1) the sum of the aggregate current expenditures of all the 

local educational agencies in the State, plus any direct current 

expenditures by the State for the operation of such agencies, 

without regard to the sources of funds from which such local 

or State expenditures were made, during the second fiscal year 

preceding the fiscal year for which the computation is made; 

divided by 

‘‘(2) the aggregate number of children who were included in 

average daily attendance for whom such agencies provided free 

public education during such preceding fiscal year. 

‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE BUREAU OF INDIAN EDUCATION.— 

‘‘(1) IN GENERAL.—Subject to subsection (e), in addition to 

the grants awarded under subsection (a), the Secretary shall 

allocate to the Secretary of the Interior an amount equal to the 

product of— 

‘‘(A) the total number of Indian children enrolled in 

schools that are operated by— 

‘‘(i) the Bureau of Indian Education; or 

‘‘(ii) an Indian tribe, or an organization controlled or 

sanctioned by an Indian tribal government, for the 

children of that tribe under a contract with, or grant 

from, the Department of the Interior under the Indian 

Self-Determination Act or the Tribally Controlled 

Schools Act of 1988; and 

‘‘(B) the greater of— 

‘‘(i) the average per pupil expenditure of the State in 

which the school is located; or 

‘‘(ii) 80 percent of the average per pupil expenditure 

of all the States. 

‘‘(2) SPECIAL RULE.—Any school described in paragraph (1)(A) 

that wishes to receive an allocation under this subpart shall 

submit an application in accordance with section 6114, and 

shall otherwise be treated as a local educational agency for the 

purpose of this subpart, except that such school shall not be 

subject to section 6114(c)(5), section 6118(c), or section 6119. 

‘‘(e) RATABLE REDUCTIONS.—If the sums appropriated for any fiscal year to carry out this subpart are insufficient to pay in full the 

amounts determined for local educational agencies under subsection (a)(1) and for the Secretary of the Interior under subsection 

(d), each of those amounts shall be ratably reduced. 

‘‘SEC. 6114. APPLICATIONS. 

‘‘(a) APPLICATION REQUIRED.—Each local educational agency that 

desires to receive a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. 

‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each application submitted under subsection (a) shall include a description of a comprehensive program for meeting the needs of Indian and Alaska 

Native children served by the local educational agency, including 

the language and cultural needs of the children, that— 

‘‘(1) describes how the comprehensive program will offer programs and activities to meet the culturally related academic 

needs of American Indian and Alaska Native students; 


tjames on DSK6SPTVN1PROD with REPORTS
12 

‘‘(2)(A) is consistent with the State, tribal, and local plans 

submitted under other provisions of this Act; and 

‘‘(B) includes academic content and student academic 

achievement goals for such children, and benchmarks for 

attaining such goals, that are based on State academic 

content and student academic achievement standards 

adopted under title I for all children; 

‘‘(3) explains how the local educational agency will use the 

funds made available under this subpart to supplement other 

Federal, State, and local programs that serve such students; 

‘‘(4) demonstrates how funds made available under this subpart will be used for activities described in section 6115; 

‘‘(5) describes the professional development opportunities 

that will be provided, as needed, to ensure that— 

‘‘(A) teachers and other school professionals who are new 

to the Indian or Alaska Native community are prepared to 

work with Indian and Alaska Native children; 

‘‘(B) all teachers who will be involved in programs assisted under this subpart have been properly trained to 

carry out such programs; and 

‘‘(C) those family members of Indian and Alaska Native 

children and representatives of tribes who are on the committee described in (c)(5) will participate in the planning 

of professional development materials 

‘‘(6) describes how the local educational agency— 

‘‘(A) will periodically assess the progress of all Indian 

children enrolled in the schools of the local educational 

agency, including Indian children who do not participate in 

programs assisted under this subpart, in meeting the goals 

described in paragraph (2); 

‘‘(B) will provide the results of each assessment referred 

to in subparagraph (A) to— 

‘‘(i) the committee described in subsection (c)(5); and 

‘‘(ii) the community served by the local educational 

agency; and 

‘‘(iii) the tribes whose children are served by the 

local educational agency 

‘‘(C) is responding to findings of any previous assessments that are similar to the assessments described in 

subparagraph (A); and 

‘‘(7) explicitly delineates— 

‘‘(A) a formal, collaborative process that the local educational agency used to directly involve tribes, Indian organizations, or Alaska Native Organizations in the development of the comprehensive programs and the results of 

such process; and 

‘‘(B) how the local educational agency plans to ensure 

that tribes, Indian organizations, or Alaska Native Organizations will play an active, meaningful, and ongoing role 

in the functioning of the comprehensive programs. 

‘‘(c) ASSURANCES.—Each application submitted under subsection 

(a) shall include assurances that— 

‘‘(1) the local educational agency will use funds received 

under this subpart only to supplement the funds that, in the 

absence of the Federal funds made available under this subVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
13 

part, such agency would make available for services described 

in this subsection, and not to supplant such funds; 

‘‘(2) the local educational agency will use funds received 

under this subpart only for activities described and authorized 

under this subpart; 

‘‘(3) the local educational agency will prepare and submit to 

the Secretary such reports, in such form and containing such 

information, as the Secretary may require to— 

‘‘(A) carry out the functions of the Secretary under this 

subpart; and 

‘‘(B) determine the extent to which activities carried out 

with funds provided to the local educational agency under 

this subpart are effective in improving the educational 

achievement of Indian and Alaska Native students served 

by such agency; and 

‘‘(C) determine the extent to which such activities address the unique cultural, language, and educational needs 

of Indian students. 

‘‘(4) the program for which assistance is sought— 

‘‘(A) is based on a comprehensive local assessment and 

prioritization of the unique educational and culturally related academic needs of the American Indian and Alaska 

Native students for whom the local educational agency is 

providing an education; 

‘‘(B) will use the best available talents and resources, including individuals from the Indian or Alaska Native community; and 

‘‘(C) was developed by such agency in open consultation 

with the families of Indian or Alaska Native children, Indian or Alaska Native teachers, Indian or Alaska Native 

students from secondary schools, and representatives of 

tribes, Indian organizations, or Alaska Native Organizations in the community including through public hearings 

held by such agency to provide to the individuals described 

in this subparagraph a full opportunity to understand the 

program and to offer recommendations regarding the program; and 

‘‘(5) the local educational agency developed the program with 

the participation and written approval of a committee— 

‘‘(A) that is composed of, and selected by— 

‘‘(i) family members of Indian and Alaska Native 

children that are attending the local educational agency’s schools; 

‘‘(ii) teachers in the schools; and 

‘‘(iii) Indian and Alaska Native students attending 

secondary schools of the agency; 

‘‘(B) a majority of whose members are family members 

of Indian and Alaska Native children that are attending 

the local educational agency’s schools; 

‘‘(C) that has set forth such policies and procedures, including policies and procedures relating to the hiring of 

personnel, as will ensure that the program for which assistance is sought will be operated and evaluated in consultation with, and with the involvement of, parents of the 

children, and representatives of the area, to be served; 


tjames on DSK6SPTVN1PROD with REPORTS
14 

‘‘(D) with respect to an application describing a 

schoolwide program in accordance with section 6115(c), 

that has— 

‘‘(i) reviewed in a timely fashion the program; and 

‘‘(ii) determined that the program will not diminish 

the availability of culturally related activities for 

American Indian and Alaska Native students; and 

‘‘(iii) will directly enhance the educational experience of American Indian and Alaska Native students; 

and 

‘‘(E) that has adopted reasonable bylaws for the conduct 

of the activities of the committee and abides by such bylaws. 

‘‘(6) the local educational agency conducted adequate outreach to family members to meet the requirements under subsection (c)(5). 

‘‘SEC. 6115. AUTHORIZED SERVICES AND ACTIVITIES. 

‘‘(a) GENERAL REQUIREMENTS.—Each local educational agency 

that receives a grant under this subpart shall use the grant funds, 

in a manner consistent with the purpose specified in section 6111, 

for services and activities that— 

‘‘(1) are designed to carry out the comprehensive program of 

the local educational agency for Indian students, and described 

in the application of the local educational agency submitted to 

the Secretary under section 6114(a) solely for the services and 

activities described in such application; 

‘‘(2) are designed with special regard for the language and 

cultural needs of the Indian students; and 

‘‘(3) supplement and enrich the regular school program of 

such agency. 

‘‘(b) PARTICULAR ACTIVITIES.—The services and activities referred 

to in subsection (a) may include— 

‘‘(1) activities that support Native American language immersion 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 content and student academic achievement standards; 

‘‘(5) integrated educational services in combination with 

other programs including programs that enhance student 

achievement by promoting increased involvement of parents 

and families in school activities; 

‘‘(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 Improvement 

Act of 2006, including programs for tech-prep education, mentoring, and apprenticeship; 

‘‘(7) activities to educate individuals so as to prevent violence, suicide, and substance abuse; 


tjames on DSK6SPTVN1PROD with REPORTS
15 

‘‘(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) activities that incorporate culturally and linguistically 

relevant curriculum content into classroom instruction that is 

responsive to the unique learning styles of Indian and Alaska 

Native children and ensures that children are better able to 

meet State standards;; 

‘‘(11) family literacy services; 

‘‘(12) activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate 

appropriately qualified tribal elders and seniors; 

‘‘(13) dropout prevention strategies for Indian and Alaska 

Native students; and 

‘‘(14) strategies to meet the educational needs of at-risk Indian students in correctional facilities, including such strategies that support Indian and Alaska Native students who are 

transitioning from such facilities to schools served by local educational agencies; 

‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any other provision of law, a local educational agency may use funds made available to such agency under this subpart to support a schoolwide program under section 1114 if— 

‘‘(1) the committee established pursuant to section 6114(c)(5) 

approves the use of the funds for the schoolwide program; 

‘‘(2) the schoolwide program is consistent with the purpose 

described in section 6111; and 

‘‘(3) the local educational agency identifies in its application 

how the use of such funds in a schoolwide program will 

produce benefits to the American Indian and Alaska Native 

students that would not be achieved if the funds were not used 

in a schoolwide program. 

‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than 5 

percent of the funds provided to a grantee under this subpart for 

any fiscal year may be used for administrative purposes. 

‘‘(e) LIMITATION ON THE USE OF FUNDS.—Funds provided to a 

grantee under this subpart may not be used for long-distance travel 

expenses for training activities available locally or regionally. 

‘‘SEC. 6116. INTEGRATION OF SERVICES AUTHORIZED. 

‘‘(a) PLAN.—An entity receiving funds under this subpart may 

submit a plan to the Secretary for the integration of education and 

related services provided to Indian students. 

‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the receipt of an acceptable plan under subsection (a), the Secretary, in cooperation 

with each Federal agency providing grants for the provision of education and related services to the entity, shall authorize the entity 

to consolidate, in accordance with such plan, the federally funded 

education and related services programs of the entity and the Federal programs, or portions of the programs, serving Indian students 

in a manner that integrates the program services involved into a 

single, coordinated, comprehensive program and reduces administrative costs by consolidating administrative functions. 


tjames on DSK6SPTVN1PROD with REPORTS
16 

‘‘(c) PROGRAMS AFFECTED.—The funds that may be consolidated 

in a demonstration project under any such plan referred to in subsection (a) shall include funds for any Federal program exclusively 

serving Indian children, or the funds reserved under any Federal 

program to exclusively serve Indian children, under which the entity is eligible for receipt of funds under a statutory or administrative formula for the purposes of providing education and related 

services that would be used to serve Indian students. 

‘‘(d) PLAN REQUIREMENTS.—For a plan to be acceptable pursuant 

to subsection (b), the plan shall— 

‘‘(1) identify the programs or funding sources to be consolidated; 

‘‘(2) be consistent with the objectives of this section concerning authorizing the services to be integrated in a demonstration project; 

‘‘(3) describe a comprehensive strategy that identifies the full 

range of potential educational opportunities and related services to be provided to assist Indian students to achieve the objectives set forth in this subpart; 

‘‘(4) describe the way in which services are to be integrated 

and delivered and the results expected from the plan; 

‘‘(5) identify the projected expenditures under the plan in a 

single budget; 

‘‘(6) identify the State, tribal, or local agency or agencies to 

be involved in the delivery of the services integrated under the 

plan; 

‘‘(7) identify any statutory provisions, regulations, policies, or 

procedures that the entity believes need to be waived in order 

to implement the plan; 

‘‘(8) set forth measures for academic content and student 

academic achievement goals designed to be met within a specific period of time; and 

‘‘(9) be approved by a committee formed in accordance with 

section 6114(c)(5), if such a committee exists. 

‘‘(e) PLAN REVIEW.—Upon receipt of the plan from an eligible entity, the Secretary shall consult with the Secretary of each Federal 

department providing funds to be used to implement the plan, and 

with the entity submitting the plan. The parties so consulting shall 

identify any waivers of statutory requirements or of Federal departmental regulations, policies, or procedures necessary to enable 

the entity to implement the plan. Notwithstanding any other provision of law, the Secretary of the affected department shall have the 

authority to waive any regulation, policy, or procedure promulgated 

by that department that has been so identified by the entity or department, unless the Secretary of the affected department determines that such a waiver is inconsistent with the objectives of this 

subpart or those provisions of the statute from which the program 

involved derives authority that are specifically applicable to Indian 

students. 

‘‘(f) PLAN APPROVAL.—Within 90 days after the receipt of an entity’s plan by the Secretary, the Secretary shall inform the entity, in 

writing, of the Secretary’s approval or disapproval of the plan. If 

the plan is disapproved, the entity shall be informed, in writing, of 

the reasons for the disapproval and shall be given an opportunity 


tjames on DSK6SPTVN1PROD with REPORTS
17 

to amend the plan or to petition the Secretary to reconsider such 

disapproval. 

‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDUCATION.—Not later 

than 180 days after the date of enactment of the Student Success 

Act of 2013, the Secretary of Education, the Secretary of the Interior, the Secretary of the Department of Health and Human Services, and the head of any other Federal department or agency identified by the Secretary of Education, shall enter into an interdepartmental memorandum of agreement providing for the implementation and coordination of the demonstration projects authorized under this section. The lead agency head for a demonstration 

project under this section shall be— 

‘‘(1) the Secretary of the Interior, in the case of an entity 

meeting the definition of a contract or grant school under title 

XI of the Education Amendments of 1978; or 

‘‘(2) the Secretary of Education, in the case of any other entity. 

‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The responsibilities of 

the lead agency shall include— 

‘‘(1) the use of a single report format related to the plan for 

the individual project, which shall be used by an eligible entity 

to report on the activities undertaken under the project; 

‘‘(2) the use of a single report format related to the projected 

expenditures for the individual project which shall be used by 

an eligible entity to report on all project expenditures; 

‘‘(3) the development of a single system of Federal oversight 

for the project, which shall be implemented by the lead agency; 

and 

‘‘(4) the provision of technical assistance to an eligible entity 

appropriate to the project, except that an eligible entity shall 

have the authority to accept or reject the plan for providing 

such technical assistance and the technical assistance provider. 

‘‘(i) REPORT REQUIREMENTS.—A single report format shall be developed by the Secretary, consistent with the requirements of this 

section. Such report format shall require that reports described in 

subsection (h), together with records maintained on the consolidated program at the local level, shall contain such information as 

will allow a determination that the eligible entity has complied 

with the requirements incorporated in its approved plan, including 

making a demonstration of student academic achievement, and will 

provide assurances to each Secretary that the eligible entity has 

complied with all directly applicable statutory requirements and 

with those directly applicable regulatory requirements that have 

not been waived. 

‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall the amount of 

Federal funds available to an eligible entity involved in any demonstration project be reduced as a result of the enactment of this 

section. 

‘‘(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.—The Secretary 

is authorized to take such action as may be necessary to provide 

for an interagency transfer of funds otherwise available to an eligible entity in order to further the objectives of this section. 

‘‘(l) ADMINISTRATION OF FUNDS.— 

‘‘(1) IN GENERAL.—Program funds for the consolidated programs shall be administered in such a manner as to allow for 


tjames on DSK6SPTVN1PROD with REPORTS
18 

a determination that funds from a specific program are spent 

on allowable activities authorized under such program, except 

that the eligible entity shall determine the proportion of the 

funds granted that shall be allocated to such program. 

‘‘(2) SEPARATE RECORDS NOT REQUIRED.—Nothing in this section shall be construed as requiring the eligible entity to maintain separate records tracing any services or activities conducted under the approved plan to the individual programs 

under which funds were authorized for the services or activities, nor shall the eligible entity be required to allocate expenditures among such individual programs. 

‘‘(m) OVERAGE.—The eligible entity may commingle all administrative funds from the consolidated programs and shall be entitled 

to the full amount of such funds (under each program’s or agency’s 

regulations). The overage (defined as the difference between the 

amount of the commingled funds and the actual administrative cost 

of the programs) shall be considered to be properly spent for Federal audit purposes, if the overage is used for the purposes provided for under this section. 

‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this part shall be construed so as to interfere with the ability of the Secretary or the 

lead agency to fulfill the responsibilities for the safeguarding of 

Federal funds pursuant to chapter 75 of title 31, United States 

Code. 

‘‘(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRATION.— 

‘‘(1) PRELIMINARY REPORT.—Not later than 2 years after the 

date of enactment of the Student Success Act of 2013, the Secretary of Education shall submit a preliminary report to the 

Committee on Education and the Workforce and the Committee on Natural Resources of the House of Representatives. 

and the Committee on Health, Education, Labor, and Pensions 

and the Committee on Indian Affairs of the Senate on the status of the implementation of the demonstration projects authorized under this section. 

‘‘(2) FINAL REPORT.—Not later than 5 years after the date of 

enactment of the Student Success Act of 2013, the Secretary of 

Education shall submit a report to the Committee on Education and the Workforce and the Committee on Natural Resources of the House of Representatives and the Committee on 

Health, Education, Labor, and Pensions and the Committee on 

Indian Affairs of the Senate on the results of the implementation of the demonstration projects authorized under this section. Such report shall identify statutory barriers to the ability 

of participants to integrate more effectively their education and 

related services to Indian students in a manner consistent with 

the objectives of this section. 

‘‘(p) DEFINITIONS.—For the purposes of this section, the term 

Secretary′′ means— 

‘‘(1) the Secretary of the Interior, in the case of an entity 

meeting the definition of a contract or grant school under title 

XI of the Education Amendments of 1978; or 

‘‘(2) the Secretary of Education, in the case of any other entity. 


tjames on DSK6SPTVN1PROD with REPORTS
19 

‘‘SEC. 6117. STUDENT ELIGIBILITY FORMS. 

‘‘(a) IN GENERAL.—The Secretary shall require that, as part of an 

application for a grant under this subpart, each applicant shall 

maintain a file, with respect to each Indian child for whom the 

local educational agency provides a free public education, that contains a form that sets forth information establishing the status of 

the child as an Indian child eligible for assistance under this subpart, and that otherwise meets the requirements of subsection (b). 

‘‘(b) FORMS.—The form described in subsection (a) shall include— 

‘‘(1) either— 

‘‘(A)(i) the name of the tribe or band of Indians (as defined in section 6151) with respect to which the child 

claims membership; 

‘‘(ii) the enrollment or membership number establishing 

the membership of the child (if readily available); and 

‘‘(iii) the name and address of the organization that 

maintains updated and accurate membership data for such 

tribe or band of Indians; or 

‘‘(B) the name, the enrollment or membership number (if 

readily available), and the name and address of the organization responsible for maintaining updated and accurate 

membership data, of any parent or grandparent of the 

child from whom the child claims eligibility under this subpart, if the child is not a member of the tribe or band of 

Indians (as so defined); 

‘‘(2) a statement of whether the tribe or band of Indians (as 

so defined), with respect to which the child, or parent or grandparent of the child, claims membership, is federally recognized; 

‘‘(3) the name and address of the parent or legal guardian of 

the child; 

‘‘(4) a signature of the parent or legal guardian of the child 

that verifies the accuracy of the information supplied; and 

‘‘(5) any other information that the Secretary considers necessary to provide an accurate program profile. 

‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this section shall be 

construed to affect a definition contained in section 6151. 

‘‘(d) DOCUMENTATION AND TYPES OF PROOF.— 

‘‘(1) TYPES OF PROOF.—For purposes of determining whether 

a child is eligible to be counted for the purpose of computing 

the amount of a grant award under section 6113, the membership of the child, or any parent or grandparent of the child, in 

a tribe or band of Indians (as so defined) may be established 

by proof other than an enrollment number, notwithstanding 

the availability of an enrollment number for a member of such 

tribe or band. Nothing in subsection (b) shall be construed to 

require the furnishing of an enrollment number. 

‘‘(2) NO NEW OR DUPLICATIVE DETERMINATIONS.—Once a child 

is determined to be an Indian eligible to be counted for such 

grant award, the local education 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 Student Success Act of 2013 


tjames on DSK6SPTVN1PROD with REPORTS
20 

and that met the requirements of this section, as this section 

was in effect on the day before the date of enactment of such 

Act, shall remain valid for such Indian student. 

‘‘(e) MONITORING AND EVALUATION REVIEW.— 

‘‘(1) IN GENERAL.— 

‘‘(A) REVIEW.—For each fiscal year, in order to provide 

such information as is necessary to carry out the responsibility of the Secretary to provide technical assistance 

under this subpart, the Secretary shall conduct a monitoring and evaluation review of a sampling of the recipients of grants under this subpart. The sampling conducted 

under this subparagraph shall take into account the size 

of and the geographic location of each local educational 

agency. 

‘‘(B) EXCEPTION.—A local educational agency may not be 

held liable to the United States or be subject to any penalty, by reason of the findings of an audit that relates to 

the date of completion, or the date of submission, of any 

forms used to establish, before April 28, 1988, the eligibility of a child for an entitlement under the Indian Elementary and Secondary School Assistance Act. 

‘‘(2) FALSE INFORMATION.—Any local educational agency that 

provides false information in an application for a grant under 

this subpart shall— 

‘‘(A) be ineligible to apply for any other grant under this 

subpart; and 

‘‘(B) be liable to the United States for any funds from the 

grant that have not been expended. 

‘‘(3) EXCLUDED CHILDREN.—A student who provides false information for the form required under subsection (a) shall not 

be counted for the purpose of computing the amount of a grant 

under section 6113. 

‘‘(f) TRIBAL GRANT AND CONTRACT SCHOOLS.—Notwithstanding 

any other provision of this section, in calculating the amount of a 

grant under this subpart to a tribal school that receives a grant or 

contract from the Bureau of Indian Education, the Secretary shall 

use only one of the following, as selected by the school: 

‘‘(1) A count of the number of students in the schools certified by the Bureau. 

‘‘(2) A count of the number of students for whom the school 

has eligibility forms that comply with this section. 

‘‘(g) TIMING OF CHILD COUNTS.—For purposes of determining the 

number of children to be counted in calculating the amount of a 

local educational agency’s grant under this subpart (other than in 

the case described in subsection (f)(1)), the local educational agency 

shall— 

‘‘(1) establish a date on, or a period not longer than 31 consecutive days during, which the agency counts those children, 

if that date or period occurs before the deadline established by 

the Secretary for submitting an application under section 6114; 

and 

‘‘(2) determine that each such child was enrolled, and receiving a free public education, in a school of the agency on that 

date or during that period, as the case may be. 


tjames on DSK6SPTVN1PROD with REPORTS
21 

‘‘SEC. 6118. PAYMENTS. 

‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), the Secretary shall pay to each local educational agency that submits an 

application that is approved by the Secretary under this subpart 

the amount determined under section 6113. The Secretary shall notify the local educational agency of the amount of the payment not 

later than June 1 of the year for which the Secretary makes the 

payment. 

‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE STATE.—The Secretary may not make a grant under this subpart to a local educational agency for a fiscal year if, for such fiscal year, the State 

in which the local educational agency is located takes into consideration payments made under this chapter in determining the eligibility of the local educational agency for State aid, or the amount 

of the State aid, with respect to the free public education of children during such fiscal year or the preceding fiscal year. 

‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO MAINTAIN FISCAL

EFFORT.— 

‘‘(1) IN GENERAL.—The Secretary may not pay a local educational agency the full amount of a grant award determined 

under section 6113 for any fiscal year unless the State educational agency notifies the Secretary, and the Secretary determines, that with respect to the provision of free public education by the local educational agency for the preceding fiscal 

year, the combined fiscal effort of the local educational agency 

and the State, computed on either a per student or aggregate 

expenditure basis, was not less than 90 percent of the amount 

of the combined fiscal effort, computed on the same basis, for 

the second preceding fiscal year. 

‘‘(2) FAILURE TO MAINTAIN EFFORT.—If, for the preceding fiscal year, the Secretary determines that a local educational 

agency and State failed to maintain the combined fiscal effort 

for such agency at the level specified in paragraph (1), the Secretary shall— 

‘‘(A) reduce the amount of the grant that would otherwise be made to such agency under this subpart in the 

exact proportion of the failure to maintain the fiscal effort 

at such level; and 

‘‘(B) not use the reduced amount of the agency and State 

expenditures for the preceding year to determine compliance with paragraph (1) for any succeeding fiscal year, but 

shall use the amount of expenditures that would have 

been required to comply with paragraph (1). 

‘‘(3) WAIVER.— ‘‘(A) IN GENERAL.—The Secretary may waive the requirement of paragraph (1) for a local educational agency, for 

not more than 1 year at a time, if the Secretary determines that the failure to comply with such requirement is 

due to exceptional or uncontrollable circumstances, such as 

a natural disaster or a precipitous and unforeseen decline 

in the agency’s financial resources. 

‘‘(B) FUTURE DETERMINATIONS.—The Secretary shall not 

use the reduced amount of the agency’s expenditures for 

the fiscal year preceding the fiscal year for which a waiver 

is granted to determine compliance with paragraph (1) for 


tjames on DSK6SPTVN1PROD with REPORTS
22 

any succeeding fiscal year, but shall use the amount of expenditures that would have been required to comply with 

paragraph (1) in the absence of the waiver. 

‘‘(d) REALLOCATIONS.—The Secretary may reallocate, in a manner 

that the Secretary determines will best carry out the purpose of 

this subpart, any amounts that— 

‘‘(1) based on estimates made by local educational agencies 

or other information, the Secretary determines will not be 

needed by such agencies to carry out approved programs under 

this subpart; or 

‘‘(2) otherwise become available for reallocation under this 

subpart. 

‘‘SEC. 6119. STATE EDUCATIONAL AGENCY REVIEW. 

‘‘Before submitting an application to the Secretary under section 

6114, a local educational agency shall submit the application to the 

State educational agency, which may comment on such application. 

If the State educational agency comments on the application, the 

agency shall comment on all applications submitted by local educational agencies in the State and shall provide those comments to 

the respective local educational agencies, with an opportunity to respond. 

‘‘SUBPART 2—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE

EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH

‘‘SEC. 6121. SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN AND 

YOUTH. 

‘‘(a) PURPOSE.— 

‘‘(1) IN GENERAL.—It is the purpose of this section to support 

projects to develop, test, and demonstrate the effectiveness of 

services and programs to improve educational opportunities 

and achievement of Indian children and youth. 

‘‘(2) COORDINATION.—The Secretary shall take the necessary 

actions to achieve the coordination of activities assisted under 

this subpart with— 

‘‘(A) other programs funded under this Act; and 

‘‘(B) other Federal programs operated for the benefit of 

American Indian and Alaska Native children and youth. 

‘‘(b) ELIGIBLE ENTITIES.—In this section, the term eligible entity′′ 

means a State educational agency, local educational agency, Indian 

tribe, Indian organization, federally supported elementary school or 

secondary school for Indian students, Indian institution (including 

an Indian institution of higher education), Alaska Native Organization, or a consortium of such entities. 

‘‘(c) GRANTS AUTHORIZED.— 

‘‘(1) IN GENERAL.—The Secretary shall award grants to eligible entities to enable such entities to carry out activities that 

meet the purpose of this section, including— 

‘‘(A) innovative programs related to the educational 

needs of educationally disadvantaged children and youth; 

‘‘(B) educational services that are not available to such 

children and youth in sufficient quantity or quality, including remedial instruction, to raise the achievement of Indian and Alaska Native children in one or more of the core 


tjames on DSK6SPTVN1PROD with REPORTS
23 

academic subjects of English, mathematics, science, foreign 

languages, art, history, and geography; 

‘‘(C) bilingual and bicultural programs and projects; 

‘‘(D) special health and nutrition services, and other related activities, that address the special health, social, 

emotional, and psychological problems of Indian children; 

‘‘(E) special compensatory and other programs and 

projects designed to assist and encourage Indian children 

to enter, remain in, or reenter school, and to increase the 

rate of high school graduation for Indian children; 

‘‘(F) comprehensive guidance, counseling, and testing 

services; 

‘‘(G) high quality 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; 

‘‘(H) 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; 

‘‘(I) 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 highskill, high-wage career; 

‘‘(J) programs designed to encourage and assist Indian 

students to work toward, and gain entrance into, an institution of higher education; 

‘‘(K) family literacy services; 

‘‘(L) activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate appropriately qualified tribal elders and seniors; or 

‘‘(M) high quality professional development of teaching 

professionals and paraprofessionals; or 

‘‘(N) other services that meet the purpose described in 

this section. 

‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.— 

‘‘(1) GRANT REQUIREMENTS.— 

‘‘(A) IN GENERAL.—The Secretary may make multiyear 

grants under subsection (c) for the planning, development, 

pilot operation, or demonstration of any activity described 

in subsection (c) for a period not to exceed 5 years. 

‘‘(B) PRIORITY.—In making multiyear grants described in 

this paragraph, the Secretary shall give priority to entities 

submitting applications that present a plan for combining 

two or more of the activities described in subsection (c) 

over a period of more than 1 year. 

‘‘(C) PROGRESS.—The Secretary shall 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 that the eligible entity has made 


tjames on DSK6SPTVN1PROD with REPORTS
24 

substantial progress in carrying out the activities assisted 

under the grant in accordance with the application submitted under paragraph (3) and any subsequent modifications to such application. 

‘‘(2) DISSEMINATION GRANTS.— ‘‘(A) IN GENERAL.—In addition to awarding the multiyear 

grants described in paragraph (1), the Secretary may 

award grants under subsection (c) to eligible entities for 

the dissemination of exemplary materials or programs assisted under this section. 

‘‘(B) DETERMINATION.—The Secretary may award a dissemination grant described in this paragraph if, prior to 

awarding the grant, the Secretary determines that the material or program to be disseminated— 

‘‘(i) has been adequately reviewed; 

‘‘(ii) has demonstrated educational merit; and 

‘‘(iii) can be replicated. 

‘‘(3) APPLICATION.— ‘‘(A) IN GENERAL.—Any eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as 

the Secretary may reasonably require. 

‘‘(B) CONTENTS.—Each application submitted to the Secretary under subparagraph (A), other than an application 

for a dissemination grant under paragraph (2), shall contain— 

‘‘(i) a description of how parents of Indian children 

and representatives of Indian tribes have been, and 

will be, involved in developing and implementing the 

activities for which assistance is sought; 

‘‘(ii) assurances that the applicant will participate, 

at the request of the Secretary, in any national evaluation of activities assisted under this section; 

‘‘(iii) information demonstrating that the proposed 

program for the activities is a scientifically based research program, where applicable, which may include 

a program that has been modified to be culturally appropriate for students who will be served; 

‘‘(iv) a description of how the applicant will incorporate the proposed activities into the ongoing school 

program involved once the grant period is over; and 

‘‘(v) such other assurances and information as the 

Secretary may reasonably require. 

‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 percent of the 

funds provided to a grantee under this subpart for any fiscal year 

may be used for administrative purposes. 

‘‘SEC. 6122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION PROFESSIONALS. 

‘‘(a) PURPOSES.—The purposes of this section are— 

‘‘(1) to increase the number of qualified Indian and Alaska 

Native teachers and administrators serving Indian and Alaska 

Native students; 

‘‘(2) to provide training to qualified Indian and Alaska Native individuals to become educators and education support 

service professionals; and 


tjames on DSK6SPTVN1PROD with REPORTS
25 

‘‘(3) to improve the skills of qualified Indian individuals who 

serve in the capacities described in paragraph (2). 

‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this section, the 

term eligible entity′′ means— 

‘‘(1) an institution of higher education, including an Indian 

institution of higher education; 

‘‘(2) a State educational agency or local educational agency, 

in consortium with an institution of higher education; 

‘‘(3) an Indian tribe or organization, in consortium with an 

institution of higher education; and 

‘‘(4) a Bureau-funded school (as defined in section 1146 of the 

Education Amendments of 1978). 

‘‘(c) PROGRAM AUTHORIZED.—The Secretary is authorized to 

award grants to eligible entities having applications approved 

under this section to enable those entities to carry out the activities 

described in subsection (d). 

‘‘(d) AUTHORIZED ACTIVITIES.— 

‘‘(1) IN GENERAL.—Grant funds under this section shall be 

used for activities to provide support and training for Indian 

individuals in a manner consistent with the purposes of this 

section. Such activities may include continuing programs, 

symposia, workshops, conferences, and direct financial support, 

and may include programs designed to train tribal elders and 

seniors. 

‘‘(2) SPECIAL RULES.— ‘‘(A) TYPE OF TRAINING.—For education personnel, the 

training received pursuant to a grant under this section 

may be inservice or preservice training. 

‘‘(B) PROGRAM.—For individuals who are being trained to 

enter any field other than teaching, the training received 

pursuant to a grant under this section shall be in a program that results in a graduate degree. 

‘‘(e) APPLICATION.—Each eligible entity desiring a grant under 

this section shall submit an application to the Secretary at such 

time, in such manner, and accompanied by such information, as the 

Secretary may reasonably require. At a minimum 

‘‘(f) SPECIAL RULE.—In awarding grants under this section, the 

Secretary— 

‘‘(1) shall consider the prior performance of the eligible entity; and 

‘‘(2) may not limit eligibility to receive a grant under this 

section on the basis of— 

‘‘(A) the number of previous grants the Secretary has 

awarded such entity; or 

‘‘(B) the length of any period during which such entity 

received such grants. 

‘‘(g) GRANT PERIOD.—Each grant under this section shall be 

awarded for a period of not more than 5 years. 

‘‘(h) SERVICE OBLIGATION.— ‘‘(1) IN GENERAL.—The Secretary shall require, by regulation, 

that an individual who receives training pursuant to a grant 

made under this section— 

‘‘(A) perform work— 

‘‘(i) related to the training received under this section; and 


tjames on DSK6SPTVN1PROD with REPORTS
26 

‘‘(ii) that benefits Indian people; or 

‘‘(B) repay all or a prorated part of the assistance received. 

‘‘(2) REPORTING.—The Secretary shall establish, by regulation, a reporting procedure under which a grant recipient 

under this section shall, not later than 12 months after the 

date of completion of the training, and periodically thereafter, 

provide information concerning compliance with the work requirement under paragraph (1). 

‘‘SEC. 6123. TRIBAL EDUCATION AGENCIES COOPERATIVE AGREEMENTS. 

‘‘(a) PURPOSE.—Tribes may enter into written cooperative agreements with the State educational agency and the local educational 

agencies operating a school or schools within Indian lands. For purposes of this section, the term ‘Indian land’ has the meaning given 

that term in section 8013. 

‘‘(b) COOPERATIVE AGREEMENT.—If requested by the Indian tribe, 

the State educational agency or the local educational agency may 

enter into a cooperative agreement with the Indian tribe. Such cooperative agreement— 

‘‘(1) may authorize the tribe or such tribe’s respective tribal 

education agency to plan, conduct, consolidate, and administer 

programs, services, functions, and activities, or portions thereof, administered by the State educational agency or the local 

educational agency; 

‘‘(2) may authorize the tribe or such tribe’s respective tribal 

education agency to reallocate funds for such programs, services, functions, and activities, or portions thereof as necessary; 

and 

‘‘(3) shall— 

‘‘(A) only confer the tribe or such tribe’s respective tribal 

education agency with responsibilities to conduct activities 

described in paragraph (1) such that the burden assumed 

by the tribe or the tribal education agency for conducting 

such is commensurate with the benefit that doing so conveys to all parties of the agreement; and 

‘‘(B) be based solely on terms of the written agreement 

decided upon by the Indian tribe and the State educational 

agency or local education agency. 

‘‘(c) DISAGREEMENT.—Agreements shall only be valid if the Indian tribe and State educational agency or local educational agency 

agree fully in writing to all of the terms of the written cooperative 

agreement. 

‘‘(d) COMPLIANCE WITH APPLICABLE LAW.—Nothing in this section shall be construed to relieve any party to a cooperative agreement from complying with all applicable Federal, State, local laws. 

State and local educational agencies are still the ultimate responsible, liable parties for complying with all laws and funding requirements for any functions that are conveyed to tribes and tribal 

education agencies through the cooperative agreements. 

‘‘(e) DEFINITION.—For the purposes of this subpart, the term ‘Indian Tribe’ means any tribe or band that is officially recognized by 

the Secretary of the Interior. 


tjames on DSK6SPTVN1PROD with REPORTS
27 

‘‘SUBPART 3—NATIONAL ACTIVITIES

‘‘SEC. 6131. NATIONAL RESEARCH ACTIVITIES. 

‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may use funds 

made available to carry out this subpart for each fiscal year to— 

‘‘(1) conduct research related to effective approaches for improving the academic achievement and development of Indian 

and Alaska Native children and adults; 

‘‘(2) collect and analyze data on the educational status and 

needs of Indian and Alaska Native students; and 

‘‘(4) carry out other activities that are consistent with the 

purpose of this part. 

‘‘(b) ELIGIBILITY.—The Secretary may carry out any of the activities described in subsection (a) directly or through grants to, or 

contracts or cooperative agreements with, Indian tribes, Indian organizations, State educational agencies, local educational agencies, 

institutions of higher education, including Indian institutions of 

higher education, and other public and private agencies and institutions. 

‘‘(c) COORDINATION.—Research activities supported under this 

section— 

‘‘(1) shall be coordinated with appropriate offices within the 

Department; and 

‘‘(2) may include collaborative research activities that are 

jointly funded and carried out by the Office of Indian Education Programs, the Office of Educational Research and Improvement, the Bureau of Indian Education, and the Institute 

of Education Sciences. 

‘‘SEC. 6132. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS 

THROUGH NATIVE AMERICAN LANGUAGE. 

‘‘(a) PURPOSE.—It is the purpose of this section to improve educational opportunities and academic achievement of Indian and 

Alaska Native students through Native American language programs and to foster the acquisition of Native American language. 

‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term 

‘eligible entity’ means a State educational agency, local educational 

agency, Indian tribe, Indian organization, federally supported elementary school or secondary school for Indian students, Indian institution (including an Indian institution of higher education), or a 

consortium of such entities. 

‘‘(c) GRANTS AUTHORIZED.—The Secretary shall award grants to 

eligible entities to enable such entities to carry out the following 

activities: 

‘‘(1) Native American language programs that— 

‘‘(A) provide instruction through the use of a Native 

American language for not less than 10 children for an average of not less than 500 hours per year per student; 

‘‘(B) provide for the involvement of parents, caregivers, 

and families of students enrolled in the program; 

‘‘(C) utilize, and may include the development of, instructional courses and materials for learning Native 

American languages and for instruction through the use of 

Native American languages; 

‘‘(D) provide support for professional development activities; and 


tjames on DSK6SPTVN1PROD with REPORTS
28 

‘‘(E) include a goal of all students achieving— 

‘‘(i) fluency in a Native American language; and 

‘‘(ii) academic proficiency in mathematics, English, 

reading or language arts, and science. 

‘‘(2) Native American language restoration programs that— 

‘‘(A) provide instruction in not less than 1 Native American language; 

‘‘(B) provide support for professional development activities for teachers of Native American languages; 

‘‘(C) develop instructional materials for the programs; 

and 

‘‘(D) include the goal of increasing proficiency and fluency in not less than 1 Native American language. 

‘‘(d) APPLICATION.— 

‘‘(1) IN GENERAL.—An eligible entity that desires to receive a 

grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such 

information as the Secretary may require. 

‘‘(2) CERTIFICATION.—An eligible entity that submits an application for a grant to carry out the activity specified in subsection (c)(1), shall include in such application a certification 

that assures that such entity has experience and a demonstrated record of effectiveness in operating and administering a Native American language program or any other 

educational program in which instruction is conducted in a Native American language. 

‘‘(e) GRANT DURATION.—The Secretary shall make grants under 

this section only on a multi-year basis. Each such grant shall be 

for a period not to exceed 5 years. 

‘‘(f) DEFINITION.—In this section, the term ‘average’ means the 

aggregate number of hours of instruction through the use of a Native American language to all students enrolled in a Native American language program during a school year divided by the total 

number of students enrolled in the program. 

‘‘(g) ADMINISTRATIVE COSTS.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 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. 

‘‘(2) EXCEPTION.—An elementary school or secondary school 

for Indian students that receives funds from a recipient of a 

grant under subsection (c) for any fiscal year may use not more 

than 10 percent of the funds for administrative purposes. 

‘‘SEC. 6133. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE 

PLANNING AND DEVELOPMENT. 

‘‘(a) IN GENERAL.—The Secretary may make grants to Indian 

tribes, and tribal organizations approved by Indian tribes, to plan 

and develop a centralized tribal administrative entity to— 

‘‘(1) coordinate all education programs operated by the tribe 

or within the territorial jurisdiction of the tribe; 

‘‘(2) develop education codes for schools within the territorial 

jurisdiction of the tribe; 

‘‘(3) provide support services and technical assistance to 

schools serving children of the tribe; and 


tjames on DSK6SPTVN1PROD with REPORTS
29 

‘‘(4) perform child-find screening services for the preschoolaged children of the tribe to— 

‘‘(A) ensure placement in appropriate educational facilities; and 

‘‘(B) coordinate the provision of any needed special services for conditions such as disabilities and English language skill deficiencies. 

‘‘(b) PERIOD OF GRANT.—Each grant awarded under this section 

may be awarded for a period of not more than 3 years. Such grant 

may be renewed upon the termination of the initial period of the 

grant if the grant recipient demonstrates to the satisfaction of the 

Secretary that renewing the grant for an additional 3-year period 

is necessary to carry out the objectives of the grant described in 

subsection (c)(2)(A). 

‘‘(c) APPLICATION FOR GRANT.— 

‘‘(1) IN GENERAL.—Each Indian tribe and tribal organization 

desiring a grant under this section shall submit an application 

to the Secretary at such time, in such manner, containing such 

information, and consistent with such criteria, as the Secretary 

may prescribe in regulations. 

‘‘(2) CONTENTS.—Each application described in paragraph (1) 

shall contain— 

‘‘(A) a statement describing the activities to be conducted, and the objectives to be achieved, under the grant; 

and 

‘‘(B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance 

is sought and for determining whether such objectives are 

achieved. 

‘‘(3) APPROVAL.—The Secretary may approve an application 

submitted by a tribe or tribal organization pursuant to this 

section only if the Secretary is satisfied that such application, 

including any documentation submitted with the application— 

‘‘(A) demonstrates that the applicant has consulted with 

other education entities, if any, within the territorial jurisdiction of the applicant who will be affected by the activities to be conducted under the grant; 

‘‘(B) provides for consultation with such other education 

entities in the operation and evaluation of the activities 

conducted under the grant; and 

‘‘(C) demonstrates that there will be adequate resources 

provided under this section or from other sources to complete the activities for which assistance is sought, except 

that the availability of such other resources shall not be a 

basis for disapproval of such application. 

‘‘(d) RESTRICTION.—A tribe may not receive funds under this section if such tribe receives funds under section 1144 of the Education Amendments of 1978. 

‘‘SUBPART 4—FEDERAL ADMINISTRATION

‘‘SEC. 6141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION. 

‘‘(a) MEMBERSHIP.—There is established a National Advisory 

Council on Indian Education (hereafter in this section referred to 

as the Council′′), which shall— 


tjames on DSK6SPTVN1PROD with REPORTS
30 

‘‘(1) consist of 15 Indian members, who shall be appointed by 

the President from lists of nominees furnished, from time to 

time, by Indian tribes and organizations; and 

‘‘(2) represent different geographic areas of the United 

States. 

‘‘(b) DUTIES.—The Council shall— 

‘‘(1) advise the Secretary concerning the funding and administration (including the development of regulations and administrative policies and practices) of any program, including any 

program established under this part— 

‘‘(A) with respect to which the Secretary has jurisdiction; 

and 

‘‘(B)(i) that includes Indian children or adults as participants; or 

‘‘(ii) that may benefit Indian children or adults; 

‘‘(2) make recommendations to the Secretary for filling the 

position of Director of Indian Education whenever a vacancy 

occurs; and 

‘‘(3) submit to Congress, not later than June 30 of each year, 

a report on the activities of the Council, including— 

‘‘(A) any recommendations that the Council considers appropriate for the improvement of Federal education programs that include Indian children or adults as participants, or that may benefit Indian children or adults; and 

‘‘(B) recommendations concerning the funding of any program described in subparagraph (A). 

‘‘SEC. 6142. PEER REVIEW. 

‘‘The Secretary may use a peer review process to review applications submitted to the Secretary under subpart 2 or subpart 3. 

‘‘SEC. 6143. PREFERENCE FOR INDIAN APPLICANTS. 

‘‘In making grants and entering into contracts or cooperative 

agreements under subpart 2 or subpart 3, the Secretary shall give 

a preference to Indian tribes, organizations, and institutions of 

higher education under any program with respect to which Indian 

tribes, organizations, and institutions are eligible to apply for 

grants, contracts, or cooperative agreements. 

‘‘SEC. 6144. MINIMUM GRANT CRITERIA. 

‘‘The Secretary may not approve an application for a grant, contract, or cooperative agreement under subpart 2 or subpart 3 unless the application is for a grant, contract, or cooperative agreement that is— 

‘‘(1) of sufficient size, scope, and quality to achieve the purpose or objectives of such grant, contract, or cooperative agreement; and 

‘‘(2) based on relevant research findings. 

‘‘SUBPART 5—DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS

‘‘SEC. 6151. DEFINITIONS. 

‘‘For the purposes of this part: 

‘‘(1) ADULT.—The term ‘adult’ means an individual who— 

‘‘(A) has attained the age of 16 years; or 


tjames on DSK6SPTVN1PROD with REPORTS
31 

‘‘(B) has attained an age that is greater than the age of 

compulsory school attendance under an applicable State 

law. 

‘‘(2) FREE PUBLIC EDUCATION.—The term ‘free public education’ means education that is— 

‘‘(A) provided at public expense, under public supervision 

and direction, and without tuition charge; and 

‘‘(B) provided as elementary or secondary education in 

the applicable State or to preschool children. 

‘‘(3) INDIAN.—The term ‘Indian’ means an individual who 

is— 

‘‘(A) a member of an Indian tribe or band, as membership is defined by the tribe or band, including— 

‘‘(i) any tribe or band terminated since 1940; and 

‘‘(ii) any tribe or band recognized by the State in 

which the tribe or band resides; 

‘‘(B) a descendant, in the first or second degree, of an individual described in subparagraph (A); 

‘‘(C) considered by the Secretary of the Interior to be an 

Indian for any purpose; 

‘‘(D) an Alaska Native, as defined in section 6206(1); or 

‘‘(E) a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as 

in effect the day preceding the date of enactment of the 

Improving America’s Schools Act of 1994. 

‘‘(4) ALASKA NATIVE ORGANIZATION.—The term ‘Alaska Native 

Organization’ has the same meaning as defined in section 

6206(2). 

‘‘SEC. 6152. AUTHORIZATIONS OF APPROPRIATIONS. 

‘‘(a) SUBPART 1.—For the purpose of carrying out subpart 1, there 

are authorized to be appropriated $98,245,425 for each of fiscal 

years 2014 through 2019. 

‘‘(b) SUBPARTS 2 AND 3.—For the purpose of carrying out subparts 2 and 3, there are authorized to be appropriated $33,303,534 

for each of fiscal years 2014 through 2019. 

‘‘PART B—ALASKA NATIVE EDUCATION

‘‘SEC. 6201. SHORT TITLE. 

‘‘This part may be cited as the ‘Alaska Native Educational Equity, Support, and Assistance Act’. 

‘‘SEC. 6202. FINDINGS. 

‘‘Congress finds and declares the following: 

‘‘(1) The preservation of culture and language is critical to 

the attainment of educational success, to the betterment of the 

conditions, and to the long-term well-being, of Alaska Natives. 

Alaska Native students must be afforded a culturally relevant 

education. 

‘‘(2) 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. 


tjames on DSK6SPTVN1PROD with REPORTS
32 

‘‘(3) Many Alaska Native children enter and exit school with 

serious educational disadvantages. 

‘‘(4) Overcoming the magnitude of the geographic challenges, 

historical inequities, and other barriers to successfully improving educational outcomes for Alaska Native students in rural, 

village, and urban settings is challenging. Significant disparities between academic achievement of Alaska Native students 

and non-Native students continues, including lower graduation 

rates, increased school dropout rates, and lower achievement 

scores on standardized tests. 

‘‘(5) 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. 

‘‘(6) Improving educational outcomes for Alaska Native students increases access to employment opportunities. 

‘‘(7) The programs and activities authorized under this part 

give priority to Alaska Native organizations as a means of increasing Alaska Native parents’ and community involvement in 

the promotion of academic success of Alaska Native students. 

‘‘(8) The Federal Government should lend support to efforts 

developed by and undertaken within the Alaska Native community to improve educational opportunity for Alaska Native 

students. In 1983, pursuant to Public Law 98–63, Alaska 

ceased to receive educational funding from the Bureau of Indian Affairs. The Bureau of Indian Education does not operate 

any schools in Alaska, nor operate or fund Alaska Native education programs. The program under this part supports the 

Federal trust responsibility of the United States to Alaska Natives. 

‘‘SEC. 6203. PURPOSES. 

‘‘The purposes of this part are as follows: 

‘‘(1) To recognize and address the unique educational needs 

of Alaska Natives. 

‘‘(2) To recognize the role of Alaska Native languages and 

cultures in the educational success and long-term well-being of 

Alaska Native students. 

‘‘(3) To integrate Alaska Native cultures and languages into 

education, develop Alaska Native students’ positive identity, 

and support local place-based and culture-based curriculum 

and programming. 

‘‘(4) To authorize the development, management, and expansion of effective supplemental educational programs to benefit 

Alaska Natives. 

‘‘(5) To provide direction and guidance to appropriate Federal, State, and local agencies to focus resources, including resources made available under this part, on meeting the educational needs of Alaska Natives. 

‘‘(6) To ensure the maximum participation by Alaska Native 

educators and leaders in the planning, development, management, and evaluation of programs designed to serve Alaska 

Natives students, and to ensure Alaska Native organizations 


tjames on DSK6SPTVN1PROD with REPORTS
33 

play a meaningful role in supplemental educational services 

provided to Alaska Native students. 

‘‘SEC. 6204. PROGRAM AUTHORIZED. 

‘‘(a) GENERAL AUTHORITY.— ‘‘(1) GRANTS AND CONTRACTS.—The Secretary is authorized to 

make grants to, or enter into contracts with, Alaska Native organizations, State educational agencies, local educational agencies, educational entities with experience in developing or operating Alaska Native educational programs or programs of instruction conducted in Alaska Native languages, cultural and 

community-based organizations with experience in developing 

or operating programs to benefit the educational needs of Alaska Natives, and consortia of organizations and entities described in this paragraph, to carry out programs that meet the 

purposes of this part. 

‘‘(2) ADDITIONAL REQUIREMENT.—A State educational agency, 

local educational agency, educational entity with experience in 

developing or operating Alaska Native educational programs or 

programs of instruction conducted in Alaska Native languages, 

cultural and community-based organization with experience in 

developing or operating programs to benefit the educational 

needs of Alaska Natives, or consortium of such organizations 

and entities is eligible for an award under this part only as 

part of a partnership involving an Alaska Native organization. 

‘‘(3) MANDATORY ACTIVITIES.—Activities provided through the 

programs carried out under this part shall include the following which shall only be provided specifically in the context 

of elementary and secondary education: 

‘‘(A) The development and implementation of plans, 

methods, and strategies to improve the education of Alaska Natives. 

‘‘(B) The collection of data to assist in the evaluation of 

the programs carried out under this part. 

‘‘(4) PERMISSIBLE ACTIVITIES.—Activities provided through 

programs carried out under this part may include the following 

which shall only be provided specifically in the context of elementary and secondary education: 

‘‘(A) The development of curricula and programs that address the educational needs of Alaska Native students, including the following: 

‘‘(i) Curriculum materials that reflect the cultural 

diversity, languages, history, or the contributions of 

Alaska Natives. 

‘‘(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 cultures, values, ways of knowing and learning 


tjames on DSK6SPTVN1PROD with REPORTS
34 

in order to effectively address the cultural diversity 

and unique needs of Alaska Native students. 

‘‘(ii) Recruitment and preparation of teachers who 

are Alaska Native. 

‘‘(iii) Programs that will lead to the certification and 

licensing of Alaska Native teachers, principals, and superintendents. 

‘‘(C) The development and operation of student enrichment programs, including those in science, technology, engineering, and mathematics that— 

‘‘(i) are designed to prepare Alaska Native students 

to excel in such subjects; 

‘‘(ii) provide appropriate support services to the families of such students that are needed 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. 

‘‘(D) Research and data collection activities to determine 

the educational status and needs of Alaska Native children. 

‘‘(E) Other research and evaluation activities related to 

programs carried out under this part. 

‘‘(F) Remedial and enrichment programs to assist Alaska 

Native students to be college or career ready upon graduation from high school. 

‘‘(G) Culturally based education programs designed and 

provided by an entity with demonstrated experience in— 

‘‘(i) providing programs of study, both on site and in 

local schools, to share the rich and diverse cultures of 

Alaska Native peoples among youth, elders, teachers, 

and the larger community; 

‘‘(ii) instructing Alaska Native youth in leadership, 

communication, Native culture, arts, and languages; 

‘‘(iii) increasing the high school graduation rate of 

Alaska Native students who are served; 

‘‘(iv) providing instruction in Alaska Native history 

and ways of living to students and teachers in the 

local school district; 

‘‘(v) providing intergenerational learning and internship opportunities to Alaska Native youth and young 

adults; and 

‘‘(vi) providing cultural immersion activities aimed 

at Alaska Native cultural preservation. 

‘‘(H) Statewide on-site exchange programs, for both students and teachers, that work to facilitate cultural relationships between urban and rural Alaskans to build mutual respect and understanding, and foster a statewide 

sense of common identity through host family, school, and 

community cross-cultural immersion. 

‘‘(I) Education programs for at-risk urban Alaska Native 

students in kindergarten through grade 12 that work to increase graduation rates among such students and that— 


tjames on DSK6SPTVN1PROD with REPORTS
35 

‘‘(i) include culturally-informed curriculum intended 

to preserve and promote Alaska Native culture; 

‘‘(ii) partner effectively with the local school district 

by providing a school-within-a school program model; 

‘‘(iii) provide high-quality academic instruction, 

small classroom sizes, and social-emotional support for 

students from elementary school through high school, 

including residential support; 

‘‘(iv) work with parents to increase parental involvement in their students’ education; 

‘‘(v) work to improve academic proficiency and increase graduation rates; 

‘‘(vi) provide college preparation and career planning; and 

‘‘(vii) incorporate a strong data collection and continuous evaluation component at all levels of the program. 

‘‘(J) Statewide programs that provide technical assistance and support to schools and communities to engage 

adults in promoting the academic progress and overall 

well-being of Alaska Native people through child and 

youth development, positive youth-adult relationships, improved conditions for learning (school climate, student connection to school and community), and increased connections between schools and families. 

‘‘(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) Other activities, consistent with the purposes of 

this part, to meet the educational needs of Alaska Native 

children and adults. 

‘‘(N) Regional leadership academies that demonstrate effectiveness in building respect, understanding, and fostering a sense of Alaska Native identity to promote their 

pursuit of and success in completing higher education or 

career training. 

‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—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. 

‘‘(c) PRIORITIES.—In awarding grants or contracts to carry out activities described in this subpart, the Secretary shall give priority 

to applications from Alaska Native Organizations. Such priority 

shall be explicitly delineated in the Secretary’s process for evaluating applications and applied consistently and transparently to all 

applications from Alaska Native Organizations. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this part $31,453,135 for each of fiscal years 2014 through 2019. 

‘‘SEC. 6205. ADMINISTRATIVE PROVISIONS. 

‘‘(a) APPLICATION REQUIRED.— 


tjames on DSK6SPTVN1PROD with REPORTS
36 

‘‘(1) IN GENERAL.—No grant may be made under this part, 

and no contract may be entered into under this part, unless 

the Alaska Native organization or entity seeking the grant or 

contract submits an application to the Secretary in such form, 

in such manner, and containing such information as the Secretary may determine necessary to carry out the provisions of 

this part. 

‘‘(2) REQUIREMENT FOR CERTAIN APPLICANTS.—An applicant 

described in section 6204(a)(2) shall, in the application submitted under this paragraph— 

‘‘(A) demonstrate that an Alaska Native organization 

was directly involved in the development of the program 

for which the application seeks funds and explicitly delineate the meaningful role that the Alaska Native organization will play in the implementation and evaluation of the 

program for which funding is sought; and 

‘‘(B) provide a copy of the Alaska Native organization’s 

governing document. 

‘‘(b) CONSULTATION REQUIRED.—Each applicant for an award 

under this part shall provide for ongoing advice from and consultation with representatives of the Alaska Native community. 

‘‘(c) LOCAL EDUCATIONAL AGENCY COORDINATION.—Each applicant for an award under this part shall inform each local educational agency serving students who would participate in the program to be carried out under the grant or contract about the application. 

‘‘(d) CONTINUATION AWARDS.—An applicant described in section 

6204(a)(2) that receives funding under this part shall periodically 

demonstrate to the Secretary, during the term of the award, that 

the applicant is continuing to meet the requirements of subsection 

(a)(2)(A). 

‘‘SEC. 6206. DEFINITIONS. 

‘‘In this part: 

‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ has the same 

meaning as the term ‘Native ’ has in section 3(b) of the Alaska 

Native Claims Settlement Act and their descendants. 

‘‘(2) ALASKA NATIVE ORGANIZATION.—The term ‘Alaska Native 

organization’ means a federally recognized tribe, consortium of 

tribes, regional nonprofit Native association, and an organization, that— 

‘‘(A) has or commits to acquire expertise in the education 

of Alaska Natives; and 

‘‘(B) has Alaska Natives in substantive and policymaking 

positions within the organization. 

‘‘PART C—NATIVE HAWAIIAN EDUCATION

‘‘SEC. 6301. FINDINGS. 

‘‘Congress finds the following: 

‘‘(1) Native Hawaiians are a distinct and unique indigenous 

people with a historical continuity to the original inhabitants 

of the Hawaiian archipelago, whose society was organized as a 

nation and internationally recognized as a nation by the 

United States, and many other countries. 


tjames on DSK6SPTVN1PROD with REPORTS
37 

‘‘(2) Native Hawaiians have a cultural, historic, and landbased link to the indigenous people who exercised sovereignty 

over the Hawaiian Islands. 

‘‘(3) The political status of Native Hawaiians is comparable 

to that of American Indians and Alaska Natives. 

‘‘(4) The political relationship between the United States and 

the Native Hawaiian people has been recognized and reaffirmed by the United States, as evidenced by the inclusion of 

Native Hawaiians in many Federal statutes, including— 

‘‘(A) the Native American Programs Act of 1974 (42 

U.S.C. 2991 et seq.); 

‘‘(B) Public Law 95–341 (commonly known as the ‘American Indian Religious Freedom Act’ (42 U.S.C. 1996)); 

‘‘(C) the National Museum of the American Indian Act 

(20 U.S.C. 80q et seq.); 

‘‘(D) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); 

‘‘(E) the National Historic Preservation Act (16 U.S.C. 

470 et seq.); 

‘‘(F) the Native American Languages Act (25 U.S.C. 2901 

et seq.); 

‘‘(G) the American Indian, Alaska Native, and Native 

Hawaiian Culture and Art Development Act (20 U.S.C. 

4401 et seq.); 

‘‘(H) the Workforce Investment Act of 1998 (29 U.S.C. 

2801 et seq.); and 

‘‘(I) the Older Americans Act of 1965 (42 U.S.C. 3001 et 

seq.). 

‘‘(5) Many Native Hawaiian students lag behind other students in terms of— 

‘‘(A) school readiness factors; 

‘‘(B) scoring below national norms on education achievement tests at all grade levels; 

‘‘(C) underrepresentation in the uppermost achievement 

levels and in gifted and talented programs; 

‘‘(D) overrepresentation among students qualifying for 

special education programs; 

‘‘(E) underrepresentation in institutions of higher education and among adults who have completed 4 or more 

years of college; 

‘‘(6) The percentage of Native Hawaiian students served by 

the State of Hawaii Department of Education rose 30 percent 

from 1980 to 2008, and there are and will continue to be geographically rural, isolated areas with a high Native Hawaiian 

population density. 

‘‘(7) The Native Hawaiian people are determined to preserve, 

develop, and transmit to future generations their ancestral territory and their cultural identity in accordance with their own 

spiritual and traditional beliefs, customs, practices, language, 

and social institutions. 

‘‘SEC. 6302. PURPOSES. 

‘‘The purposes of this part are— 

‘‘(1) to authorize, develop, implement, assess, and evaluate 

innovative educational programs, Native Hawaiian language 

medium programs, Native Hawaiian culture-based education 


tjames on DSK6SPTVN1PROD with REPORTS
38 

programs, and other education programs to improve the academic achievement of Native Hawaiian students by meeting 

their unique cultural and language needs in order to help such 

students meet challenging State student academic achievement 

standards; 

‘‘(2) to provide guidance to appropriate Federal, State, and 

local agencies to more effectively and efficiently focus resources, including resources made available under this part, on 

the development and implementation of— 

‘‘(A) innovative educational programs for Native Hawaiians; 

‘‘(B) rigorous and substantive Native Hawaiian language 

programs; and 

‘‘(C) Native Hawaiian culture-based educational programs; and 

‘‘(3) to create a system by which information from programs 

funded under this part will be collected, analyzed, evaluated, 

reported, and used in decisionmaking activities regarding the 

types of grants awarded under this part. 

‘‘SEC. 6303. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT. 

‘‘(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 an education council, as described 

under subsection (b). 

‘‘(b) EDUCATION COUNCIL.— 

‘‘(1) ELIGIBILITY.—To be eligible to receive the grant under 

subsection (a), the council shall be an education council (referred to in this section as the ‘Education Council’) that meets 

the requirements of this subsection. 

‘‘(2) COMPOSITION.—The Education Council shall consist of 

15 members of whom— 

‘‘(A) 1 shall be the President of the University of Hawaii 

(or a designee); 

‘‘(B) 1 shall be the Governor of the State of Hawaii (or 

a designee); 

‘‘(C) 1 shall be the Superintendent of the State of Hawaii 

Department of Education (or a designee); 

‘‘(D) 1 shall be the chairperson of the Office of Hawaiian 

Affairs (or a designee); 

‘‘(E) 1 shall be the executive director of Hawaii’s Charter 

School Network (or a designee); 

‘‘(F) 1 shall be the chief executive officer of the Kamehameha Schools (or a designee); 

‘‘(G) 1 shall be the Chief Executive Officer of the Queen 

Liliuokalani Trust (or a designee); 

‘‘(H) 1 shall be a member, selected by the other members 

of the Education Council, who represents a private grantmaking entity; 

‘‘(I) 1 shall be the Mayor of the County of Hawaii (or a 

designee); 

‘‘(J) 1 shall be the Mayor of Maui County (or a designee 

from the Island of Maui); 


tjames on DSK6SPTVN1PROD with REPORTS
39 

‘‘(K) 1 shall be the Mayor of the County of Kauai (or a 

designee); 

‘‘(L) 1 shall be appointed by the Mayor of Maui County 

from the Island of either Molokai or Lanai; 

‘‘(M) 1 shall be the Mayor of the City and County of 

Honolulu (or a designee); 

‘‘(N) 1 shall be the chairperson of the Hawaiian Homes 

Commission (or a designee); and 

‘‘(O) 1 shall be the chairperson of the Hawaii Workforce 

Development Council (or a designee representing the private sector). 

‘‘(3) REQUIREMENTS.—Any designee serving on the Education 

Council shall demonstrate, as determined by the individual 

who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a 

consumer or provider of Native Hawaiian education or cultural 

activities, with traditional cultural experience given due consideration. 

‘‘(4) LIMITATION.—A member (including a designee), while 

serving on the Education Council, shall not be a recipient 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 

Chair and a Vice Chair from among the members of the 

Education Council. 

‘‘(B) TERM LIMITS.—The Chair and Vice Chair 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 

Chair 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 the grant to 

carry out each of the following activities: 

‘‘(1) Providing advice about the coordination, 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. 


tjames on DSK6SPTVN1PROD with REPORTS
40 

‘‘(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 the grant 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 section 6304(c) that are 

related to the specific goals and purposes of each grantee’s 

grant project, using metrics related to these priorities; 

‘‘(3) assess and define the educational needs of Native Hawaiians; 

‘‘(4) assess the programs and services available to address 

the educational needs of Native Hawaiians; 

‘‘(5) assess and evaluate the individual and aggregate impact 

achieved by grantees under this part in improving Native Hawaiian educational performance and meeting the goals of this 

part, using metrics related to these goals; 

‘‘(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 student 

academic achievement standards; and 

‘‘(iv) priorities for funding in specific geographic 

communities. 

‘‘(e) USE OF FUNDS FOR COMMUNITY CONSULTATIONS.—The Education Council shall use funds made available though the grant 

under subsection (a) to hold not less than 1 community consultation each year on each of the islands of Hawaii, Maui, Molokai, 

Lanai, Oahu, and Kauai, at which— 

‘‘(1) not less than 3 members of the Education Council shall 

be in attendance; 


tjames on DSK6SPTVN1PROD with REPORTS
41 

‘‘(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 6305(d)(2), to make a payment under 

the grant. Funds made available through the grant shall remain 

available until expended. 

‘‘(g) REPORT.—Beginning not later than 2 years after the date of 

enactment of the Student Success Act, and for each subsequent 

year, the Secretary shall prepare and submit to the Committee on 

Education and the Workforce of the House of Representatives, and 

the Committee on Indian Affairs and the Committee on Health, 

Education, Labor, and Pensions of the Senate, a report that— 

‘‘(1) summarizes the annual reports of the Education Council; 

‘‘(2) describes the allocation and use of funds under this part 

and the information gathered since the first annual report submitted by the Education Council to the Secretary under this 

section; and 

‘‘(3) contains recommendations for changes in Federal, State, 

and local policy to advance the purposes of this part. 

‘‘SEC. 6304. GRANT PROGRAM AUTHORIZED. 

‘‘(a) GRANTS AND CONTRACTS.—In order to carry out programs 

that meet the purposes of this part, the Secretary is authorized to 

award grants to, or enter into contracts with— 

‘‘(1) Native Hawaiian educational organizations; 

‘‘(2) Native Hawaiian community-based organizations; 

‘‘(3) public and private nonprofit organizations, agencies, and 

institutions with experience in developing or operating Native 

Hawaiian education and workforce development programs or 

programs of instruction in the Native Hawaiian language; 

‘‘(4) charter schools; and 

‘‘(5) consortia of the organizations, agencies, and institutions 

described in paragraphs (1) through (4). 

‘‘(b) PRIORITY.—In awarding grants and entering into contracts 

under this part, the Secretary shall give priority to— 

‘‘(1) programs that meet the educational priority recommendations of the Education Council, as described under 

section 6303(d)(6)(D); 

‘‘(2) the repair and renovation of public schools that serve 

high concentrations of Native Hawaiian students; 

‘‘(3) programs designed to improve the academic achievement 

of Native Hawaiian students by meeting their unique cultural 

and language needs in order to help such students meet challenging State student academic achievement standards, including activities relating to— 

‘‘(A) achieving competence in reading, literacy, mathematics, and science for students in preschool through 

grade 3; 


tjames on DSK6SPTVN1PROD with REPORTS
42 

‘‘(B) the educational needs of at-risk children and youth; 

‘‘(C) professional development for teachers and administrators; 

‘‘(D) the use of Native Hawaiian language and preservation or reclamation of Native Hawaiian culture-based educational practices; and 

‘‘(E) other programs relating to the activities described 

in this part; and 

‘‘(4) programs in which a local educational agency, institution 

of higher education, or a State educational agency in partnership with a nonprofit entity serving underserved communities 

within the Native Hawaiian population apply for a grant or 

contract under this part as part of a partnership or consortium. 

‘‘(c) AUTHORIZED ACTIVITIES.—Activities provided through programs carried out under this part may include— 

‘‘(1) the development and maintenance of a statewide Native 

Hawaiian early education and care system to provide a continuum of high-quality early learning services for Native Hawaiian children from the prenatal period through the age of 

kindergarten entry; 

‘‘(2) the operation of family-based education centers that provide such services as— 

‘‘(A) early care and education programs for Native Hawaiians; and 

‘‘(B) research on, and development and assessment of, 

family-based, early childhood, and preschool programs for 

Native Hawaiians; 

‘‘(3) activities that enhance beginning reading and literacy in 

either the Hawaiian or the English language among Native 

Hawaiian students in kindergarten through grade 3 and assistance in addressing the distinct features of combined English 

and Hawaiian literacy for Hawaiian speakers in grades 5 and 

6; 

‘‘(4) activities to meet the special needs of Native Hawaiian 

students with disabilities, including— 

‘‘(A) the identification of such students and their needs; 

‘‘(B) the provision of support services to the families of 

such students; and 

‘‘(C) other activities consistent with the requirements of 

the Individuals with Disabilities Education Act; 

‘‘(5) activities that address the special needs of Native Hawaiian students who are gifted and talented, including— 

‘‘(A) educational, psychological, and developmental activities designed to assist in the educational progress of 

such students; and 

‘‘(B) activities that involve the parents of such students 

in a manner designed to assist in the educational progress 

of such students; 

‘‘(6) the development of academic and vocational curricula to 

address the needs of Native Hawaiian students, including curricula materials in the Hawaiian language and mathematics 

and science curricula that incorporate Native Hawaiian tradition and culture; 

‘‘(7) professional development activities for educators, including— 


tjames on DSK6SPTVN1PROD with REPORTS
43 

‘‘(A) the development of programs to prepare prospective 

teachers to address the unique needs of Native Hawaiian 

students within the context of Native Hawaiian culture, 

language, and traditions; 

‘‘(B) in-service programs to improve the ability of teachers who teach in schools with high concentrations of Native Hawaiian students to meet the unique needs of such 

students; and 

‘‘(C) the recruitment and preparation of Native Hawaiians, and other individuals who live in communities with 

a high concentration of Native Hawaiians, to become 

teachers; 

‘‘(8) the operation of community-based learning centers that 

address the needs of Native Hawaiian students, parents, families, and communities through the coordination of public and 

private programs and services, including— 

‘‘(A) early education programs; 

‘‘(B) before, after, and Summer school programs, expanded learning time, or weekend academies; 

‘‘(C) career and technical education programs; and 

‘‘(D) programs that recognize and support the unique 

cultural and educational needs of Native Hawaiian children, and incorporate appropriately qualified Native Hawaiian elders and seniors; 

‘‘(9) activities, including program co-location, that ensure Native Hawaiian students graduate college and career ready including— 

‘‘(A) family literacy services; 

‘‘(B) counseling, guidance, and support services for students; and 

‘‘(C) professional development activities designed to help 

educators improve the college and career readiness of Native Hawaiian students; 

‘‘(10) research and data collection activities to determine the 

educational status and needs of Native Hawaiian children and 

adults; 

‘‘(11) other research and evaluation activities related to programs carried out under this part; and 

‘‘(12) other activities, consistent with the purposes of this 

part, to meet the educational needs of Native Hawaiian children and adults. 

‘‘(d) ADDITIONAL ACTIVITIES.—Notwithstanding any other provision of this part, funds made available to carry out this section as 

of the day before the date of enactment of the Student Success Act 

shall remain available until expended. The Secretary shall use 

such funds to support the following: 

‘‘(1) The repair and renovation of public schools that serve 

high concentrations of Native Hawaiian students. 

‘‘(2) The perpetuation of, and expansion of access to, Hawaiian culture and history through digital archives. 

‘‘(3) Informal education programs that connect traditional 

Hawaiian knowledge, science, astronomy, and the environment 

through State museums or learning centers. 

‘‘(4) Public charter schools serving high concentrations of Native Hawaiian students. 


tjames on DSK6SPTVN1PROD with REPORTS
44 

‘‘(e) ADMINISTRATIVE COSTS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), not 

more than 5 percent of funds provided to a recipient of a grant 

or contract under this section for any fiscal year may be used 

for administrative purposes. 

‘‘(2) EXCEPTION.—The Secretary may waive the requirement 

of paragraph (1) for a nonprofit entity that receives funding 

under this section and allow not more than 10 percent of funds 

provided to such nonprofit entity under this section for any fiscal year to be used for administrative purposes. 

‘‘SEC. 6305. ADMINISTRATIVE PROVISIONS. 

‘‘(a) APPLICATION REQUIRED.—No grant may be made under this 

part, and no contract may be entered into under this part, unless 

the entity seeking the grant or contract submits an application to 

the Secretary at such time, in such manner, and containing such 

information as the Secretary may determine to be necessary to 

carry out the provisions of this part. 

‘‘(b) DIRECT GRANT APPLICATIONS.—The Secretary shall provide a 

copy of all direct grant applications to the Education Council. 

‘‘(c) SUPPLEMENT NOT SUPPLANT.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), funds 

made available under this part shall be used to supplement, 

and not supplant, any State or local funds used to achieve the 

purposes of this part. 

‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to any nonprofit entity or Native Hawaiian community-based organization that receives a grant or other funds under this part. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) IN GENERAL.—There are authorized to be appropriated to 

carry out this part $32,397,259 for each of fiscal years 2014 

through 2019. 

‘‘(2) RESERVATION.—Of the funds appropriated under this 

subsection, the Secretary shall reserve, for each fiscal year 

after the date of enactment of the Student Success Act not less 

than $500,000 for the grant to the Education Council under 

section 6303. 

‘‘(3) AVAILABILITY.—Funds appropriated under this subsection shall remain available until expended.’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CA ́ RDENAS

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, line 22, strike ‘‘2019.’’ and insert ‘‘2019, of which 

775,000,000 for each of such fiscal years are authorized for subpart 

4 of such part.’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LUETKE- MEYER OF MISSOURI OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 6, after line 21, insert the following new section: 

SEC. 7. SENSE OF THE CONGRESS. 

(a) FINDINGS.—The Congress finds as follows: 


tjames on DSK6SPTVN1PROD with REPORTS
45 

(1) The Elementary and Secondary Education Act prohibits 

the Federal Government from mandating, directing, or controlling a State, local educational agency, or school’s curriculum, 

program of instruction, or allocation of State and local resources, and from mandating a State or any subdivision thereof to spend any funds or incur any costs not paid for under 

such Act. 

(2) The Elementary and Secondary Education 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. 

(3) The Secretary of Education, through 3 separate initiatives, has created a system of waivers and grants that influence, incentivize, and coerce State educational agencies into 

implementing common national elementary and secondary 

standards and assessments endorsed by the Secretary. 

(4) The Race to the Top Fund encouraged and incentivized 

States to adopt Common Core State Standards developed by 

the National Governor’s Association Center for Best Practices 

and the Council of Chief State School Officers. 

(5) The Race to the Top Assessment grants awarded to the 

Partnership for the Assessment of Readiness for College and 

Careers (PARCC) and SMARTER Balanced Assessment Consortium (SMARTER Balance) initiated the development of 

Common Core State Standards aligned assessments that will, 

in turn, inform and ultimately influence kindergarten through 

12th-grade curriculum and instructional materials. 

(6) The conditional Elementary and Secondary Education Act 

flexibility waiver authority employed by the Department of 

Education coerced States into accepting Common Core State 

Standards and aligned assessments. 

(b) SENSE OF THE CONGRESS.—It is the sense of the Congress 

that States and local educational agencies should maintain the 

rights and responsibilities of determining educational curriculum, 

programs of instruction, and assessments for elementary and secondary education. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 16, line 6, strike ‘‘low-performing schools’’ and insert ‘‘neglected, delinquent, migrant students, English learners, at-risk students, and Native Americans, to increase academic achievement of 

such students’’. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

BENTIVOLIO OF MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 20, line 21, strike ‘‘and parents’’ and insert ‘‘parents, private sector employers, and entrepreneurs’’. 


tjames on DSK6SPTVN1PROD with REPORTS
46 

Page 39, line 10, strike ‘‘and local educational agencies’’ and insert ‘‘local educational agencies, and private sector employers (including representatives of entrepreneurial ventures)’’. 

Page 39, line 15, strike ‘‘75 percent’’ and insert ‘‘65 percent’’. 

Page 39, line 16, insert ‘‘and 10 percent are representatives of 

private sector employers’’ before the period at the end. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCMORRIS

RODGERS OF WASHINGTON OR HER DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 22, line 14, insert ‘‘in each subject being assessed’’ after 

‘‘student’’. 

Page 22, line 15, insert, ‘‘alternate academic achievement’’ before 

‘‘standards’’. 

Page 22, line 17, strike ‘‘standards’’ and insert ‘‘content standards for the grade in which the student is enrolled’’. 

Page 22, line 19, strike ‘‘promote’’ and insert ‘‘provide’’. 

Page 22, line 20, strike ‘‘and’’. 

Page 22, line 23, strike the period and insert a semicolon. 

Page 22, after line 23, insert the following: 

‘‘(IV) are vertically aligned; 

‘‘(V) reflect concepts and skills that students 

should know and understand for each grade and 

the enduring understandings of the content being 

tested (such as concepts and skills that identify 

core concepts, principles, theories, and processes, 

serve to organize important facts, skills, or actions 

around central ideas, and are transferable to other 

contexts or other disciplines); and 

‘‘(VI) are supported by evidence-based learning 

progressions to age and grade-level performance.’’. 

Page 28, beginning on line 20, strike ‘‘aligned with’’ and insert 

‘‘based on’’. 

Page 28, line 21, strike ‘‘standards’’ and insert ‘‘achievement 

standards’’. 

Page 29, line 11, strike ‘‘are informed’’ and insert ‘‘, as part of 

the individualized education program team for such students, are 

involved in the decision’’. 

Page 29, line 14, strike ‘‘standards’’ and insert ‘‘academic 

achievement standards’’. 

Page 29, line 16, strike ‘‘precludes’’ and insert ‘‘may preclude’’. 

Page 29, line 20, strike ‘‘demonstrates’’ and insert ‘‘provides evidence’’. 

Page 29, line 21, strike ‘‘, to the extent practicable,’’. 

Page 29, after line 24, insert the following: 

‘‘(iv) certifies that the State’s requirements for academic assessments under this paragraph and subparagraphs (A) and (B) are universally designed to be accessible to students, including students with sensory, 

physical, and intellectual disabilities;’’. 

Page 30, line 1, strike ‘‘(iv)’’ and insert ‘‘(v)’’. 

Page 30, line 2, insert ‘‘make available,’’ after ‘‘about,’’. 


tjames on DSK6SPTVN1PROD with REPORTS
47 

Page 30, line 2, strike ‘‘appropriate’’ and insert ‘‘reasonable adaptations and appropriate’’. 

Page 30, line 4, strike ‘‘disabilities’’ and insert ‘‘the most significant cognitive disabilities’’. 

Page 30, line 4, strike ‘‘who’’ and insert ‘‘participating in gradelevel academic instruction and takes steps to ensure the use of appropriate accommodations to increase the number of students with 

the most significant cognitive disabilities who’’. 

Page 30, beginning on line 6, strike ‘‘for the grade in which a student is enrolled’’. 

Page 30, line 7, strike ‘‘and’’. 

Page 30, line 8, strike ‘‘(v)’’ and insert ‘‘(vi)’’. 

Page 30, line 11, strike ‘‘assessments’’ and insert ‘‘assessments 

based on alternate academic achievement standards adopted in accordance with paragraph (1)(D)’’. 

Page 30, line 13, strike the period and insert a semicolon. 

Page 30, after line 13, insert the following: 

‘‘(vii) requires separate determinations about whether a student should be assessed using an alternate assessment for each subject assessed; 

‘‘(viii) ensures that, if a student’s individualized education program includes goals for a subject assessed 

based on alternate academic achievement standards, 

such goals are based on academic content standards 

for the grade in which the student is enrolled; and 

‘‘(ix) ensures that students assessed on alternate 

academic standards are not precluded from the opportunity to earn a secondary school diploma.’’. 

Page 34, after line 23, insert the following: 

‘‘(C) STUDENTS WITH THE MOST SIGNIFICANT COGNITIVE

DISABILITIES.—When measuring the academic achievement 

of students against the State’s academic content standards 

under subparagraph (B)(I) or, if applicable, measuring adequate student growth against such standards under such 

subparagraph, States and local educational agencies may 

include, for all schools in the State or local educational 

agency, the performance of the State’s or local educational 

agency’s students with the most significant cognitive disabilities on alternate assessments described in subsection 

(b)(2)b) in the subjects included in the State’s accountability system, if the total number of the students taking 

such alternate assessments based on alternate academic 

achievement standards in all grades assessed and for each 

subject in the accountability system does not exceed 1 percent of all students at the State and local educational 

agency levels, separately, in the grades assessed in each 

subject.’’. 

Page 34, line 24, strike ‘‘(C)’’ and insert ‘‘(D)’’. 

Page 35, line 5, strike ‘‘(D)’’ and insert ‘‘(E)’’. 

Page 429, line 11, strike ‘‘SIGNIFICANT’’ and insert ‘‘THE MOST SIG- NIFICANT’’. 

Page 429, line 13, strike ‘‘aligned to’’ and insert ‘‘based on’’. 

Page 429, lines 17 through 21, strike ‘‘diploma’’ and all that follows through ‘‘Education Act’’ and insert the following: ‘‘diploma 

aligned with the State’s academic content standards, which has 


tjames on DSK6SPTVN1PROD with REPORTS
48 

been developed by a team of experts including organizations representing such students and their families’’. 

Page 429, line 23, insert after ‘‘Act’’ the following ‘‘, except that 

not more than 1 percent of students served by a State or a local 

educational agency, as appropriate, shall be counted as graduates 

with a regular high school diploma under this subparagraph’’. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE REED OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 33, line 23, strike ‘‘and’’. 

Page 34, after line 13, insert the following: 

‘‘(III) other measures of school success; and’’. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BENISHEK

OF MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 45, line 15, insert before the period, the following: ‘‘, such 

as the number of students enrolled in each public secondary school 

in the State attaining career and technical proficiencies, as defined 

in section 113(b)(2)(A) of the Carl D. Perkins Career and Technical 

Education Act of 2006, and reported by the State in a manner consistent with section 113(c) of such Act’’. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HECK OF

NEVADA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 138, line 4, strike ‘‘Funds’’ and insert ‘‘(a) IN GENERAL.— Funds’’. 

Page 139, after line 2, insert the following: 

‘‘(b) CONTRACTS AND GRANTS.—A local educational agency may 

use a grant received under this chapter to carry out the activities 

described under paragraphs (1) through (5) of subsection (a) directly or through grants, contracts, or cooperative agreements.’’. 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SCHOCK

OF ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 245, line 11, insert ‘‘, including those representatives and 

members nominated by local and national stakeholder representatives’’ after ‘‘title’’. 

Page 245, line 15, after ‘‘information.’’ insert 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.’’. 

Page 248, beginning on line 6, after ‘‘assessment’’ insert the following: ‘‘(which shall include a representative sampling of local 

educational agencies based on local educational agency enrollment, 

urban, suburban, or rural character, and other factors impacted by 

the proposed regulation)’’. 

Page 248, line 12, strike ‘‘and’’. 

Page 248, line 15, strike the period and insert ‘‘; and’’. 

Page 248, after line 15, insert the following new subparagraph: 


tjames on DSK6SPTVN1PROD with REPORTS
49 

‘‘(C) the proposed regulation, which thoroughly addresses, based on the comments received during the comment 

and review period under paragraph (3), whether the rule 

is financially, operationally, and educationally viable at 

the local level.’’. 

Page 475, after line 19, insert the following new section: 

‘‘SEC. 5530. LOCAL CONTROL. 

‘‘The Secretary shall not— 

‘‘(1) impose any requirements or exercise any governance or 

authority over school administration, including the development and expenditure over school budgets, unless explicitly authorized under this Act; 

‘‘(2) issue any regulations or non-regulatory guidance without first consulting with local stakeholders and fairly addressing their concerns; or 

‘‘(3) deny any local educational agency the right to object to 

any administrative requirement, including actions that place 

additional burdens or cost on the local educational agency.’’. 

12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SCALISE

OF LOUISIANA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 253, line 3, insert before ‘‘develop’’ the following: ‘‘if a State 

educational agency or local educational agency so chooses,’’ 

Page 257, line 21 through page 258, line 2, strike paragraph (5). 

Page 258, line 3 through line 14, strike paragraph (6) and insert 

the following: 

‘‘(5) If applicable, a description of how the State educational 

agency will work with local educational agencies in the State 

to develop or implement a teacher or school leader evaluation 

system.’’. 

Page 258, line 15, strike ‘‘(7)’’ and insert ‘‘(6)’’. 

Page 261, line 2, strike ‘‘to’’ and all that follows through ‘‘fulfill’’ 

on line 19, and insert ‘‘to fulfill’’. 

Page 261, after line 24, insert the following: 

‘‘(A) provide training and technical assistance to local 

educational agencies on— 

‘‘(i) in the case of a State educational agency not implementing a statewide teacher evaluation system— 

‘‘(I) the development and implementation of a 

teacher evaluation system; and 

‘‘(II) training school leaders in using such evaluation system; or 

‘‘(ii) in the case of a State educational agency implementing a statewide teacher evaluation system, implementing such evaluation system;’’. 

Page 262, line 1, strike ‘‘(A)’’ and insert ‘‘(B)’’. 

Page 262, line 7, strike ‘‘(B)’’ and insert ‘‘(C)’’. 

Page 262, line 9, strike ‘‘2123(2)(D)’’ and insert ‘‘2123(6)’’. 

Page 262, line 10, strike ‘‘(C)’’ and insert ‘‘(D)’’. 

Page 264, line 21 through page 265, line 2, strike subparagraph 

(C). 

Page 265, beginning on line 3, strike ‘‘how,’’ and all that follows 

through ‘‘system’’ and insert ‘‘if applicable, how’’. 


tjames on DSK6SPTVN1PROD with REPORTS
50 

Page 265, line 7, insert before the semicolon the following: ‘‘in developing and implementing a teacher evaluation system’’. 

Page 265, line 9 through line 12, strike subparagraph (E). 

Page 265, beginning on line 13, amend paragraph (2) to read as 

follows: 

‘‘(2) If applicable, a description of how the local educational 

agency will develop and implement a teacher or school leader 

evaluation system.’’. 

Page 265, line 25, strike ‘‘subpart’’ and all that follows through 

‘‘shall use such funds’’ on page 266, line 1, and insert ‘‘subpart may 

use such funds for’’. 

Page 266, line 2, strike ‘‘(A) to develop and implement’’ and insert ‘‘(1) the development and implementation of’’. 

Page 266, line 3, insert ‘‘may’’ after ‘‘that’’. 

Page 266, line 4, strike ‘‘(i) uses’’ and insert ‘‘(A) use’’. 

Page 266, line 10, strike ‘‘(ii) uses’’ and insert ‘‘(B) use’’. 

Page 266, line 12, strike ‘‘(iii) has’’ and insert ‘‘(C) have’’. 

Page 266, line 14, strike ‘‘(iv) shall’’ and insert ‘‘(D)’’. 

Page 266, line 17, strike ‘‘(v) is’’ and insert ‘‘(E) be’’. 

Page 266, line 20, strike ‘‘or’’. 

Page 266, line 21, strike ‘‘(B)’’ and insert ‘‘(2)’’. 

Page 266, line 23, strike ‘‘to implement’’ and insert ‘‘implementing’’. 

Page 266, line 24, strike ‘‘and’’. 

Page 266, strike line 25. 

Page 267, line 1, strike ‘‘(A)’’ and insert ‘‘(3)’’. 

Page 267, line 3, insert ‘‘or school leaders’’ before ‘‘under’’. 

Page 267, line 3, strike ‘‘evaluation system described’’ and insert 

‘‘or school leader evaluation system,’’ 

Page 267, strike line 4. 

Page 267, line 6, strike ‘‘(B)’’ and insert ‘‘(4)’’. 

Page 267, line 10, strike ‘‘(C)’’ and insert ‘‘(5)’’. 

Page 267, line 15, strike ‘‘(D)’’ and insert ‘‘(6)’’. 

Page 267, line 18, strike ‘‘(i)’’ and insert ‘‘(A)’’. 

Page 267, line 20, strike ‘‘(ii)’’ and insert ‘‘(B)’’. 

Page 267, line 22, strike ‘‘(iii)’’ and insert ‘‘(C)’’. 

Page 268, line 3, strike ‘‘(iv)’’ and insert ‘‘(D)’’. 

Page 268, line 9, strike ‘‘(v)’’ and insert ‘‘(E)’’. 

Page 268, line 13, strike ‘‘(vi)’’ and insert ‘‘(F)’’. 

Page 268, line 16, strike ‘‘(vii)’’ and insert ‘‘(G)’’. 

Page 268, line 20, strike ‘‘(viii)’’ and insert ‘‘(H)’’. 

Page 268, line 4, insert ‘‘or school leaders’’ before ‘‘identified’’. 

Page 268, line 6, insert ‘‘or school leader’’ before ‘‘evaluation’’. 

Page 268, beginning on line 6, strike ‘‘described in subparagraph 

(A) or (B) of paragraph (1)’’. 

Page 268, line 24, strike ‘‘(E)’’ and insert ‘‘(7)’’. 

Page 269, line 5, strike ‘‘(F)’’ and insert ‘‘(8)’’. 

Page 269, line 7, strike ‘‘(G)’’ and insert ‘‘(9)’’. 

Page 269, beginning line 23, amend paragraph (3) to read as follows: 

‘‘(3) in the case of a local educational agency implementing 

a teacher or school leader evaluation system, the results of 

such evaluation system, except that such report shall not reVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00054 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
51 

veal personally identifiable information about an individual 

teacher or school leader; and’’. 

13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MOORE

OF WISCONSIN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 255, after line 7, insert the following: 

‘‘(C) APPLICABILITY.— 

‘‘(i) IN GENERAL.—Subparagraph (A) shall not apply 

with respect to a fiscal year unless the Secretary certifies in writing to Congress for that fiscal year that 

the amount of funds allotted under subparagraph (A) 

to local educational agencies that serve a high percentage of students from families with incomes below the 

poverty line is not less than the amount allotted to 

such local educational agencies for fiscal year 2013. 

‘‘(ii) SPECIAL RULE.—For a fiscal year for which subparagraph (A) does not apply, the Secretary shall allocate to each State the funds described in subparagraph (A) according to the formula set forth in subsection (b)(2)(B)(i) of this section as in effect on the 

day before the date of enactment of the Student Success Act. 

14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BISHOP

OF UTAH OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 255, line 8 through page 256, line 17, strike subsection (c). 

Page 256, line 18, strike ‘‘(d)’’ and insert ‘‘(c)’’. 

15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TONKO OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 260, line 15, strike ‘‘95’’ and insert ‘‘85’’. 

Page 260, line 17, strike ‘‘and’’. 

Page 260, after line 17, insert the following new paragraph: 

‘‘(2) reserve 10 percent of the grant funds to make subgrants 

in accordance with subsection (c); and’’. 

Page 260, line 18, strike ‘‘(2)’’ and insert ‘‘(3)’’. 

Page 262, after line 20, insert the following new subsection: 

‘‘(c) STEM PROFESSIONAL DEVELOPMENT AND INSTRUCTIONAL MATERIALS GRANTS.—A State receiving a grant under section 2111 

shall use the funds described in subsection (a)(2) to award grants, 

on a competitive basis, to nonprofit organizations, and other entities, with expertise and a demonstrated record of success in 

science, technology, engineering, and mathematics fields to enable 

such organizations and entities to develop and provide professional 

development and instructional materials to support elementary and 

secondary education for science, technology, engineering, and mathematics in the State.’’. 


tjames on DSK6SPTVN1PROD with REPORTS
52 

16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BROOKS

OF INDIANA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 267, line 19, insert ‘‘, including for teachers of computer 

science and other science, technology, engineering, and mathematics subjects’’ after ‘‘teachers’’. 

Page 268, line 19, insert ‘‘and teachers of computer science and 

other science, technology, engineering, and mathematics subjects’’ 

after ‘‘teachers’’. 

Page 276, line 16, insert ‘‘computer science and other’’ after ‘‘including’’. 

Page 284, line 23, insert ‘‘computer science and other’’ after 

‘‘from’’. 

Page 366, line 5, strike ‘‘academic subject specific programs’’ and 

insert ‘‘academic subject specific programs (including computer 

science and other science, technology, engineering, and mathematics programs)’’. 

17. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POLIS OF

COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 311, line 4, strike ‘‘and’’ at the end. 

Page 311, line 15, strike the period at the end and insert a semicolon. 

Page 315, after line 15, insert the following: 

‘‘(H) the entity will ensure that each charter school provides substantive outreach to students from low-income 

families and other underserved populations in its plans to 

open new charter schools, replicate high-quality charter 

school models, or expand existing high-quality charter 

schools; and 

‘‘(I) the entity willl allow per pupil revenues to shared 

between local educational agencies to reflect split student 

enrollment in 2 or more part-time educational programs 

operated or authorized by different local educational agencies.’’. 

Page 315, line 22, strike ‘‘schools.’’ and insert the following: 

‘‘schools, which may include (1) paying costs associated with preparing teachers to ensure strong school starts; (2) purchasing instructional materials and implementing teacher and principal professional development programs; and (3) providing the necessary 

renovations and minor facilities repairs, excluding construction, to 

ensure a strong school opening or to meet the needs of increased 

student enrollment.’’. 

18. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

VELA ́ ZQUEZ OF NEW YORK OR HER DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 351, after line 12, insert the following: 

‘‘(5) A description of the steps the applicant will take to target services to low-income students and parents.’’. 

Page 351, line 12, redesignate paragraph (5) as paragraph (6). 

Page 353, line 23, strike ‘‘and’’ after the semicolon. 


tjames on DSK6SPTVN1PROD with REPORTS
53 

Page 354, line 2, strike the period and insert ‘‘; and’’. 

Page 354, after line 2, insert the following: 

‘‘(K) conduct outreach to low-income students and parents, including low-income students and parents who are 

not proficient in English.’’. 

19. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MULLIN

OF OKLAHOMA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 373, lines 11 through 22, strike paragraph (1), and redesignate the succeeding paragraphs accordingly. 

Page 391, beginning on line 12, strike ‘‘agencies’’ and all that follows through page 392, line 20, and insert ‘‘agencies).’’ 

Page 394, beginning on line 17, amend section 406 to read as follows: 

SEC. 406. CONSTRUCTION. 

Section 8007 (20 U.S.C. 7707) is amended to read as follows: 

‘‘SEC. 8007. CONSTRUCTION. 

‘‘(a) SCHOOL FACILITY EMERGENCY AND MODERNIZATION GRANTS

AUTHORIZED.— 

‘‘(1) IN GENERAL.—From 100 percent of the amount appropriated for each fiscal year under section 8014(e), the Secretary— 

‘‘(A) shall award emergency grants in accordance with 

this subsection to eligible local educational agencies to enable the agencies to carry out emergency repairs of school 

facilities; and 

‘‘(B) shall award modernization grants in accordance 

with this subsection to eligible local educational agencies 

to enable the agencies to carry out the modernization of 

school facilities. 

‘‘(2) PRIORITY.—In approving applications from local educational agencies for emergency grants and modernization 

grants under this subsection, the Secretary shall give priority 

to applications in accordance with the following: 

‘‘(A) The Secretary shall first give priority to applications 

for emergency grants from local educational agencies that 

meet the requirements of paragraph (3)(A) and, among 

such applications for emergency grants, shall give priority 

to those applications from local educational agencies based 

on the severity of the emergency, as determined by the 

Secretary. 

‘‘(B) The Secretary shall next give priority to applications for modernization grants from local educational agencies that meet the requirements of paragraph (3)(B) and, 

among such applications for modernization grants, shall 

give priority to those applications from local educational 

agencies based on the severity of the need for modernization, as determined by the Secretary. 

‘‘(3) ELIGIBILITY REQUIREMENTS.— 

‘‘(A) EMERGENCY GRANTS.—A local educational agency is 

eligible to receive an emergency grant under paragraph 

(2)(A) if— 


tjames on DSK6SPTVN1PROD with REPORTS
54 

‘‘(i) the agency (or in the case of a local educational 

agency that does not have the authority to tax or issue 

bonds, the agency’s fiscal agent)— 

‘‘(I) has no practical capacity to issue bonds; or 

‘‘(II) has minimal capacity to issue bonds and is 

at not less than 75 percent of the agency’s limit of 

bonded indebtedness; or 

‘‘(ii) the agency is eligible to receive assistance under 

subsection (a) for the fiscal year and has a school facility emergency, as determined by the Secretary, that 

poses a health or safety hazard to the students and 

school personnel assigned to the school facility. 

‘‘(B) MODERNIZATION GRANTS.—A local educational agency is eligible to receive a modernization grant under paragraph (2)(B) if— 

‘‘(i) the agency receives a basic support payment 

under section 8003(b) for the fiscal year; or 

‘‘(ii) the agency receives a Federal properties payment under section 8002 for the fiscal year. 

‘‘(C) RULE OF CONSTRUCTION.—For purposes of subparagraph (A)(i), a local educational agency— 

‘‘(i) has no practical capacity to issue bonds if the 

total assessed value of real property that may be taxed 

for school purposes is less than $25,000,000; and 

‘‘(ii) has minimal capacity to issue bonds if the total 

assessed value of real property that may be taxed for 

school purposes is at least $25,000,000 but not more 

than $50,000,000. 

‘‘(4) AWARD CRITERIA.—In awarding emergency grants and 

modernization grants under this subsection, the Secretary 

shall consider the following factors: 

‘‘(A) The ability of the local educational agency to respond to the emergency, or to pay for the modernization 

project, as the case may be, as measured by— 

‘‘(i) the agency’s level of bonded indebtedness; 

‘‘(ii) the assessed value of real property per student 

that may be taxed for school purposes compared to the 

average of the assessed value of real property per student that may be taxed for school purposes in the 

State in which the agency is located; 

‘‘(iii) the agency’s total tax rate for school purposes 

(or for capital expenditures, if applicable) compared to 

the average total tax rate for school purposes (or the 

average capital expenditure tax rate, if applicable) in 

the State in which the agency is located; and 

‘‘(iv) funds that are available to the agency, from 

any other source, including subsection (a), that may be 

used for capital expenditures. 

‘‘(B) The percentage of property in the agency that is 

nontaxable due to the presence of the Federal Government. 

‘‘(C) The number and percentages of children described 

in subparagraphs (A), (B), (C), and (D) of section 8003(a)(1) 

served in the school facility with the emergency or served 


tjames on DSK6SPTVN1PROD with REPORTS
55 

in the school facility proposed for modernization, as the 

case may be. 

‘‘(D) In the case of an emergency grant, the severity of 

the emergency, as measured by the threat that the condition of the school facility poses to the health, safety, and 

well-being of students. 

‘‘(E) In the case of a modernization grant— 

‘‘(i) the severity of the need for modernization, as 

measured by such factors as— 

‘‘(I) overcrowding, as evidenced by the use of 

portable classrooms, or the potential for future 

overcrowding because of increased enrollment; or 

‘‘(II) the agency’s inability to utilize technology 

or offer a curriculum in accordance with contemporary State standards due to the physical limitations of the current school facility; and 

‘‘(ii) the age of the school facility proposed for modernization. 

‘‘(5) OTHER AWARD PROVISIONS.— 

‘‘(A) GENERAL PROVISIONS.— 

‘‘(i) LIMITATIONS ON AMOUNT OF FUNDS.— ‘‘(I) IN GENERAL.—The amount of funds provided 

under an emergency grant or a modernization 

grant awarded under this subsection to a local 

educational agency that meets the requirements of 

subclause (II) of paragraph (3)(A)(i) for purposes 

of eligibility under subparagraph (A) or (B) of 

paragraph (3)— 

‘‘(aa) shall not exceed 50 percent of the total 

cost of the project to be assisted under this 

subsection; and 

‘‘(bb) shall not exceed $4,000,000 during any 

4-year period. 

‘‘(II) IN-KIND CONTRIBUTIONS.—A local educational agency may use in-kind contributions to 

meet the matching requirement of subclause 

(I)(aa). 

‘‘(ii) PROHIBITIONS ON USE OF FUNDS.—A local educational agency may not use funds provided under an 

emergency grant or modernization grant awarded 

under this subsection for— 

‘‘(I) a project for a school facility for which the 

agency does not have full title or other interest; 

‘‘(II) stadiums or other school facilities that are 

primarily used for athletic contests, exhibitions, or 

other events for which admission is charged to the 

general public; or 

‘‘(III) the acquisition of real property. 

‘‘(iii) SUPPLEMENT, NOT SUPPLANT.—A local educational agency shall use funds provided under an 

emergency grant or modernization grant awarded 

under this subsection only to supplement the amount 

of funds that would, in the absence of the Federal 

funds provided under the grant, be made available 

from non-Federal sources to carry out emergency reVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00059 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
56 

pairs of school facilities or to carry out the modernization of school facilities, as the case may be, and not to 

supplant such funds. 

‘‘(iv) MAINTENANCE COSTS.—Nothing in this subsection shall be construed to authorize the payment of 

maintenance costs in connection with any school facility modernized in whole or in part with Federal funds 

provided under this subsection. 

‘‘(v) ENVIRONMENTAL SAFEGUARDS.—All projects carried out with Federal funds provided under this subsection shall comply with all relevant Federal, State, 

and local environmental laws and regulations. 

‘‘(vi) CARRY-OVER OF CERTAIN APPLICATIONS.—A local 

educational agency that applies for an emergency 

grant or a modernization grant under this subsection 

for a fiscal year and does not receive the grant for the 

fiscal year shall have the application for the grant considered for the following fiscal year, subject to the priority requirements of paragraph (2) and the award criteria requirements of paragraph (4). 

‘‘(B) EMERGENCY GRANTS; PROHIBITION ON USE OF

FUNDS.—A local educational agency that is awarded an 

emergency grant under this subsection may not use 

amounts under the grant for the complete or partial replacement of an existing school facility unless such replacement is less expensive or more cost-effective than correcting the identified emergency. 

‘‘(6) APPLICATION.—A local educational agency that desires to 

receive an emergency grant or a modernization grant under 

this subsection shall submit an application to the Secretary at 

such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall contain the following: 

‘‘(A) A description of how the local educational agency 

meets the award criteria under paragraph (4), including 

the information described in clauses (i) through (iv) of 

paragraph (4)(A) and subparagraphs (B) and (C) of paragraph (4). 

‘‘(B) In the case of an application for an emergency 

grant— 

‘‘(i) a description of the school facility deficiency that 

poses a health or safety hazard to the occupants of the 

facility and a description of how the deficiency will be 

repaired; and 

‘‘(ii) a signed statement from an appropriate local official certifying that a deficiency in the school facility 

threatens the health or safety of the occupants of the 

facility or that prevents the use of all or a portion of 

the building. 

‘‘(C) In the case of an application for a modernization 

grant— 

‘‘(i) an explanation of the need for the school facility 

modernization project; 

‘‘(ii) the date on which original construction of the 

facility to be modernized was completed; 


tjames on DSK6SPTVN1PROD with REPORTS
57 

‘‘(iii) a listing of the school facilities to be modernized, including the number and percentage of children 

determined under section 8003(a)(1) in average daily 

attendance in each school facility; and 

‘‘(iv) a description of the ownership of the property 

on which the current school facility is located or on 

which the planned school facility will be located. 

‘‘(D) A description of the project for which a grant under 

this subsection will be used, including a cost estimate for 

the project. 

‘‘(E) A description of the interest in, or authority over, 

the school facility involved, such as an ownership interest 

or a lease arrangement. 

‘‘(F) Such other information and assurances as the Secretary may reasonably require. 

‘‘(7) REPORT.— ‘‘(A) IN GENERAL.—Not later than January 1 of each 

year, the Secretary shall prepare and submit to the appropriate congressional committees a report that contains a 

justification for each grant awarded under this subsection 

for the prior fiscal year. 

‘‘(B) DEFINITION.—In this paragraph, the term ‘appropriate congressional committees’ means— 

‘‘(i) the Committee on Appropriations and the Committee on Education and the Workforce of the House 

of Representatives; and 

‘‘(ii) the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of 

the Senate.’’. 

20. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GARRETT

OF NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 475, after line 19, insert the following new section: 

‘‘SEC. 5530. 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.’’. 

21. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BROUN OF

GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 481, line 19, strike ‘‘and’’. 

Page 481, line 22, strike the period and insert ‘‘; and’’. 

Page 481, after line 22, insert the following: 

‘‘(D) the average salary of the employees described in 

subparagraph (B) whose positions were eliminated; and 

‘‘(E) the average salary of the full-time equivalent employees who work on or administer a program or project 

authorized under this Act by the Department, 

disaggregated by employee function with each such program or project.’’. 


tjames on DSK6SPTVN1PROD with REPORTS
58 

22. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CULBER- SON OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 481, after line 22, insert the following new subpart: 

‘‘Subpart 4—Restoration of State Sovereignty 

Over Public Education and Parental Rights 

Over the Education of Their Children 

‘‘SEC. 5561. STATES TO RETAIN RIGHTS AND AUTHORITIES THEY DO 

NOT EXPRESSLY WAIVE. 

‘‘(a) RETENTION OF RIGHTS AND AUTHORITIES.—No officer, employee, or other authority of the Secretary shall enforce against an 

authority of a State, nor shall any authority of a State have any 

obligation to obey, any requirement imposed as a condition of receiving assistance under a grant program established under this 

Act, nor shall such program operate within a State, unless the legislature of that State shall have by law expressly approved that 

program and, in doing so, have waived the State’s rights and authorities to act inconsistently with any requirement that might be 

imposed by the Secretary as a condition of receiving that assistance. 

‘‘(b) AMENDMENT OF TERMS OF RECEIPT OF FEDERAL FINANCIAL

ASSISTANCE.—An officer, employee, or other authority of the Secretary may release assistance under a grant program established 

under this Act to a State only after the legislature of the State has 

by law expressly approved the program (as described in subsection 

(a)). This approval may be accomplished by a vote to affirm a State 

budget that includes the use of such Federal funds and any such 

State budget must expressly include any requirement imposed as 

a condition of receiving assistance under a grant program established under this Act so that by approving the budget, the State 

legislature is expressly approving the grant program and, in doing 

so, waiving the State’s rights and authorities to act inconsistently 

with any requirement that might be imposed by the Secretary as 

a condition of receiving that assistance. 

‘‘(c) SPECIAL RULE FOR STATES WITH BIENNIAL LEGISLATURES.— In the case of a State with a biennial legislature— 

‘‘(1) during a year in which the State legislature does not 

meet, subsections (a) and (b) shall not apply; and 

‘‘(2) during a year in which the State legislature meets, subsections (a) and (b) shall apply, and, with respect to any grant 

program established under this Act during the most recent 

year in which the State legislature did not meet, the State may 

by law expressly disapprove the grant program, and, if such 

disapproval occurs, an officer, employee, or other authority of 

the Secretary may not release any additional assistance to the 

State under that grant program. 

‘‘(d) DEFINITION OF STATE AUTHORITY.—As used in this section, 

the term ‘authority of a State’ includes any administering agency 

of the State, any officer or employee of the State, and any local government authority of the State. 

‘‘(e) EFFECTIVE DATE.—This section applies in each State beginning on the 90th day after the end of the first regular session of 

the legislature of that State that begins 5 years after the date of 


tjames on DSK6SPTVN1PROD with REPORTS
59 

the enactment of the Student Success Act and shall continue to 

apply in subsequent years until otherwise provided by law. 

‘‘SEC. 5562. DEDICATION OF SAVINGS TO DEFICIT REDUCTION. 

‘‘Notwithstanding any formula reallocations stipulated under the 

Student Success Act, any funds under such Act not allocated to a 

State because a State did not affirmatively agree to the receipt of 

such funds shall not be reallocated among the States. 

‘‘SEC. 5563. DEFINITION OF STATE WITH BIENNIAL LEGISLATURE. 

‘‘In this Act, the term ‘State with a biennial legislature’ means 

a State the legislature of which meets every other year. 

‘‘SEC. 5564. INTENT OF CONGRESS. 

‘‘It is the intent of Congress that other than the terms and conditions expressly approved by State law under the terms of this subpart, control over public education and parental rights to control 

the education of their children are vested exclusively within the autonomous zone of independent authority reserved to the States and 

individual Americans by the United States Constitution, other than 

the Federal Government’s undiminishable obligation to enforce 

minimum Federal standards of equal protection and due process.’’. 

23. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

FITZPATRICK OF PENNSYLVANIA OR HIS DESIGNEE, DEBATABLE

FOR 10 MINUTES

At the end of subpart 3 of part E of title V of the Elementary 

and Secondary Education Act of 1965, as proposed to be amended 

by section 501 of the bill, add the following new section: 

‘‘SEC. 5552. CRIMINAL BACKGROUND CHECKS. 

‘‘(a) CONDITION OF RECEIPT OF FUNDS.—A local educational agency or State educational agency shall be ineligible for funds under 

this Act if such agency— 

‘‘(1) employs an individual who— 

‘‘(A) refuses to consent to a criminal background check 

that includes— 

‘‘(i) a search of the State criminal registry or repository in the State where the individual resides and 

each State where such individual previously resided; 

‘‘(ii) a search of State-based child abuse and neglect 

registries and databases in the State where the individual resides and each State where such individual 

previously resided; 

‘‘(iii) a search of the National Crime Information 

Center; 

‘‘(iv) a Federal Bureau of Investigation fingerprint 

check using the Integrated Automated Fingerprint 

Identification System; and 

‘‘(v) a search of the National Sex Offender Registry 

established under the Adam Walsh Child Protection 

and Safety Act of 2006 (42 U.S.C. 16901 et seq.); 

‘‘(B) makes a false statement in connection with such 

criminal background check; 

‘‘(C) is registered or is required to be registered on a 

State sex offender registry or the National Sex Offender 


tjames on DSK6SPTVN1PROD with REPORTS
60 

Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or 

‘‘(D) has been convicted of a felony consisting of— 

‘‘(i) homicide; 

‘‘(ii) child abuse or neglect; 

‘‘(iii) a crime against children, including child pornography; 

‘‘(iv) domestic violence; 

‘‘(v) a crime involving rape or sexual assault; 

‘‘(vi) kidnapping; 

‘‘(vii) arson; or 

‘‘(viii) physical assault, battery, or a drug-related offense, committed on or after the date that is 5 years 

before the date of the individual’s criminal background 

check under this section; or 

‘‘(2) knowingly facilitates the transfer of an employee if the 

agency knows, or has probable cause to believe, that the employee engaged in sexual misconduct with a student. 

‘‘(b) FEES FOR BACKGROUND CHECKS.—The Attorney General or 

a State may charge any applicable fees for conducting a criminal 

background check under this section.’’. 

At the end of the bill add the following: 

TITLE VIII—MISCELLANEOUS 

PROVISIONS 

SEC. 801. FINDINGS; SENSE OF THE CONGRESS. 

(a) FINDINGS.—The Congress finds as follows: 

(1) To avoid negative attention and litigation, some local 

educational agencies have entered into agreements with employees who are suspected of abusing or are known to have 

abused students. 

(2) Instead of reporting sexual misconduct with minors to the 

proper authorities such as the police or child welfare services, 

under such agreements the local educational agencies, schools, 

and employees keep the information private and facilitate the 

employee’s transfer to another local educational agency. 

(b) SENSE OF THE CONGRESS.—It is the sense of the Congress 

that— 

(1) confidentiality agreements between local educational 

agencies or schools and suspected child sex abusers should be 

prohibited; 

(2) the practice of employee transfers after suspected or proven sexual misconduct should be stopped, and States should require local educational agencies and schools to provide law enforcement with all information regarding sexual conduct between an employee and a minor; and 

(3) Congress should help protect children and help stop this 

unacceptable practice in our schools. 

24. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill add the following: 


tjames on DSK6SPTVN1PROD with REPORTS
61 

TITLE VIII—MISCELLANEOUS 

PROVISIONS 

SEC. 801. STUDY AND REPORT. 

(a) STUDY.—The Secretary shall conduct a study on— 

(1) the use of State educational agencies to monitor, supervise, or control underperforming local educational agencies; 

and 

(2) whether equal educational opportunities are being provided to students in the local educational agencies described in 

paragraph (1), and the impact the use of State educational 

agencies as described in such paragraph would have on such 

opportunities. 

(b) REPORT.—Not later than 180 days after the date of enactment 

of this Act, the Secretary shall report to Congress the results of the 

study conducted under subsection (a). Such report shall include recommendations regarding— 

(1) the advisability of authorizing a State educational agency 

to close a local educational agency over the opposition of a locally elected school board; and 

(2) best practices governing the exercise of authority by a 

State educational agency in monitoring, supervising, and controlling underperforming local educational agencies, with particular emphasis on rural local educational agencies and urban 

local educational agencies that are disproportionately minority. 

25. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CANTOR

OF VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Insert after section 128, the following new section: 

SEC. 129. TITLE I PORTABILITY. 

Chapter B of subpart 1 of part A of title I (20 U.S.C. 6331 et seq.) 

is amended by adding at the end the following new section: 

‘‘SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME CHILD STATE 

OPTION. 

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law 

and to the extent permitted under State law, a State educational 

agency may allocate grant funds under this chapter among the 

local educational agencies in the State based on the number of eligible children enrolled in the public schools served by each local 

educational agency. 

‘‘(b) ELIGIBLE CHILD.— 

‘‘(1) DEFINITION.—In this section, the term ‘eligible child’ 

means a child aged 5 to 17, inclusive, from a family with an 

income below the poverty level on the basis of the most recent 

satisfactory data published by the Department of Commerce. 

‘‘(2) CRITERIA OF POVERTY.—In determining the families with 

incomes below the poverty level for the purposes of this section, a State educational agency shall use the criteria of poverty used by the Census Bureau in compiling the most recent 

decennial census, as the criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, 

published by the Bureau of Labor Statistics. 


tjames on DSK6SPTVN1PROD with REPORTS
62 

‘‘(c) STUDENT ENROLLMENT IN PUBLIC SCHOOLS.— 

‘‘(1) IDENTIFICATION OF ELIGIBLE CHILDREN.—On an annual 

basis, on a date to be determined by the State educational 

agency, each local educational agency that receives grant funding in accordance with subsection (a) shall inform the State 

educational agency of the number of eligible children enrolled 

in public schools served by the local educational agency. 

‘‘(2) ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.—Based 

on the identification of eligible children in paragraph (1), the 

State educational agency shall provide to a local educational 

agency an amount equal to the sum of the amount available 

for each eligible child in the State multiplied by the number 

of eligible children identified by the local educational agency 

under paragraph (1). 

‘‘(3) DISTRIBUTION TO SCHOOLS.—Each local educational 

agency that receives funds under paragraph (2) shall distribute 

such funds to the public schools served by the local educational 

agency— 

‘‘(A) based on the number of eligible children enrolled in 

such schools; and 

‘‘(B) in a manner that would, in the absence of such Federal funds, supplement the funds made available from nonFederal resources for the education of pupils participating 

in programs under this subpart, and not to supplant such 

funds.’’. 

26. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MILLER

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

Strike the text and insert the following: 

SECTION 1. SHORT TITLE. 

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

SEC. 2. 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. 3. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. References. 

Sec. 3. Table of contents. 

TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 

DISADVANTAGED 

Sec. 101. Statement of purpose. 

Sec. 102. Authorization of appropriations. 

Sec. 103. State plans. 

Sec. 104. Eligible school attendance areas. 

Sec. 105. Academic assessment and local educational agency and school improvement; school support and recognition. 

Sec. 106. Parental involvement. 

Sec. 107. Comparable allocation of expenditures. 

Sec. 108. Coordination requirements. 


tjames on DSK6SPTVN1PROD with REPORTS
63 

Sec. 109. Reservation of funds for the outlying areas and Bureau of Indian Education schools. 

Sec. 110. Support for high-quality assessments. 

TITLE II—TEACHERS AND LEADERS 

Sec. 201. Great teachers and leaders. 

Sec. 202. HEA conforming amendments. 

TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT 

AND IMMIGRANT STUDENTS 

Sec. 301. Language instruction. 

TITLE IV—21ST CENTURY SCHOOLS 

Sec. 401. 21st Century schools. 

TITLE V—WELL-ROUNDED STUDENTS AND ENGAGED FAMILIES 

Subtitle A—Public Charter Schools 

Sec. 501. Purpose. 

Sec. 502. Program authorized. 

Sec. 503. Grants to support high-quality charter schools. 

Sec. 504. Facilities Financing Assistance. 

Sec. 505. National activities. 

Sec. 506. Records transfer. 

Sec. 507. Definitions. 

Sec. 508. Authorization of appropriations. 

Sec. 509. Conforming amendments. 

Subtitle B—Fund for the Improvement of Education 

Sec. 511. Fund for the Improvement of Education. 

Subtitle C—Family Engagement in Education Programs 

Sec. 521. Family engagement in education programs. 

TITLE VI—FLEXIBILITY AND ACCOUNTABILITY 

Sec. 601. Flexibility and accountability. 

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

Sec. 701. In general. 

Subtitle A—Indian Education 

Sec. 711. Purpose. 

PART 1—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

Sec. 721. Formula grant purpose. 

Sec. 722. Grants to local educational agencies, tribes, and indian organizations. 

Sec. 723. Amount of grants. 

Sec. 724. Applications. 

Sec. 725. Authorized services and activities. 

Sec. 726. Student eligibility forms. 

Sec. 727. Technical assistance. 

PART 2—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL

OPPORTUNITIES FOR INDIAN CHILDREN

Sec. 731. Professional development for teachers and education professionals. 

PART 3—NATIONAL ACTIVITIES

Sec. 741. National activities. 

Sec. 742. Improvement of academic success for students through Native American 

language. 

Subtitle B—Native Hawaiian Education; Alaska Native Education 

Sec. 751. Native Hawaiian education and Alaska Native education. 

Sec. 752. Findings. 

Sec. 753. Purposes. 

Sec. 754. Native Hawaiian Education Council grant. 


tjames on DSK6SPTVN1PROD with REPORTS
64 

Sec. 755. Grant program authorized. 

Sec. 756. Administrative provisions; authorization of appropriations. 

Sec. 757. Definitions. 

TITLE VIII—IMPACT AID 

Sec. 801. Purpose. 

Sec. 802. Payments relating to Federal acquisition of real property. 

Sec. 803. Payments for eligible federally connected children. 

Sec. 804. Policies and procedures relating to children residing on Indian lands. 

Sec. 805. Application for payments under sections 8002 and 8003. 

Sec. 806. Construction. 

Sec. 807. Facilities. 

Sec. 808. State consideration of payments providing State aid. 

Sec. 809. Administrative hearings and judicial review. 

Sec. 810. Definitions. 

Sec. 811. Authorization of appropriations. 

Sec. 812. Conforming amendments. 

TITLE IX—GENERAL PROVISIONS 

Sec. 900. General amendments. 

Subtitle A—Protecting Students From Sexual and Violent Predators 

Sec. 901. Background checks. 

Sec. 902. Conforming amendment. 

Subtitle B—Evaluation Authority 

Sec. 911. Evaluation authority. 

Subtitle C—Keeping All Students Safe 

Sec. 911. Keeping All Students Safe. 

Subtitle D—Protecting Student Athletes From Concussions 

Sec. 931. Protecting Student Athletes from Concussions. 

TITLE X—EDUCATION FOR HOMELESS CHILDREN AND YOUTHS 

Sec. 1001. Education for Homeless Children and Youths. 

TITLE I—IMPROVING THE ACADEMIC 

ACHIEVEMENT OF THE DISADVANTAGED 

SEC. 101. 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 ensure that all children have a 

fair, equal, and significant opportunity to obtain a high-quality 

education and to graduate ready to succeed in college and the 

workforce by— 

‘‘(1) meeting the educational needs of low-achieving children 

in our Nation’s highest-poverty schools, English learners, migrant children, children with disabilities, Indian children, and 

neglected or delinquent children; 

‘‘(2) ensuring high-quality college and career ready standards, academic assessments, accountability systems, teacher 

preparation and training, curriculum, and instructional materials are developed and implemented to prepare students to 

compete in the global economy; 

‘‘(3) closing the achievement gap between high- and low-performing children, especially between minority and nonminority 


tjames on DSK6SPTVN1PROD with REPORTS
65 

students and between disadvantaged children and their more 

advantaged peers; 

‘‘(4) holding schools, local educational agencies, and States 

accountable for improving the academic achievement for all 

students including the mastery of content knowledge and the 

ability to think critically, solve problems, and communicate effectively, ensuring all students graduate ready to succeed in 

college and the workforce; 

‘‘(5) distributing and targeting resources to support local educational agencies and schools with the greatest need; 

‘‘(6) improving and maintaining accountability for student 

achievement and graduation rates, and increasing local flexibility and authority to improve schools; and 

‘‘(7) ensuring parents have substantial and meaningful opportunities to participate in the education of their children.’’. 

SEC. 102. AUTHORIZATION OF APPROPRIATIONS. 

Section 1002 (20 U.S.C. 6302) is amended— 

(1) by amending subsection (a) to read as follows: 

‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For the purpose of 

carrying out part A, there are authorized to be appropriated 

$30,000,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years.’’; 

(2) in subsection (c)— 

(A) by striking ‘‘$410,000,000’’ and inserting 

‘‘$500,000,000’’; and 

(B) by striking ‘‘2002’’ and inserting ‘‘2014’’; and 

(3) in subsection (d)— 

(A) by striking ‘‘$50,000,000’’ and inserting 

‘‘$55,000,000’’; and 

(B) by striking ‘‘2002’’ and inserting ‘‘2014’’. 

SEC. 103. STATE PLANS. 

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

‘‘SEC. 1111. STATE PLAN. 

‘‘(a) PLANS REQUIRED.— 

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

under this part, the State educational agency shall submit to 

the Secretary a plan, developed by the State educational agency, in consultation with representatives of local educational 

agencies, teachers, school leaders, specialized instructional 

support personnel, early childhood education providers, parents, community organizations, communities representing underserved populations, and Indian tribes, that satisfies the requirements of this section, and that is coordinated with other 

programs of this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Head Start Act, the Adult Education 

and Family Literacy Act, and the McKinney-Vento Homeless 

Assistance Act. 

‘‘(2) CONSOLIDATED PLAN.—A State plan submitted under 

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

plan under section 9302. 

‘‘(b) COLLEGE AND CAREER READY CONTENT STANDARDS, ASSESSMENTS, AND ACHIEVEMENT STANDARDS.— 


tjames on DSK6SPTVN1PROD with REPORTS
66 

‘‘(1) GENERAL REQUIREMENTS.—Each State plan shall include 

evidence that the State’s college and career ready content 

standards, assessments, and achievement standards under this 

subsection are— 

‘‘(A) vertically aligned from kindergarten through grade 

12; and 

‘‘(B) developed and implemented to ensure that proficiency in the content standards will signify that a student is on-track to graduate prepared for— 

‘‘(i) according to written affirmation from the State’s 

public institutions of higher education, placement in 

credit-bearing, nonremedial courses at the 2-and 4- 

year public institutions of higher education in the 

State; and 

‘‘(ii) success on relevant State career and technical 

education standards. 

‘‘(2) COLLEGE AND CAREER READY CONTENT STANDARDS.— 

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

that, not later than the 2013–2014 school year the State 

educational agency will adopt and implement high-quality, 

college and career ready content standards that comply 

with this paragraph. 

‘‘(B) SUBJECTS.—The State educational agency shall 

have such high-quality, academic content standards for 

students in kindergarten through grade 12 for, at a minimum, English language arts, math, and science. 

‘‘(C) ELEMENTS.—College and career ready content 

standards under this paragraph shall— 

‘‘(i) be developed through participation in a State-led 

process that engages— 

‘‘(I) kindergarten through-grade-12 education 

experts (including teachers and educational leaders); and 

‘‘(II) representatives of institutions of higher 

education, the business community, and the early 

learning community; 

‘‘(ii) be rigorous, internationally benchmarked, and 

evidence-based, requiring students to demonstrate the 

ability to think critically, solve problems, and communicate effectively; 

‘‘(iii) be either— 

‘‘(I) validated, including through written affirmation from the State’s public institutions of higher education, to ensure that proficiency in the content standards will signify that a student is ontrack to graduate prepared for— 

‘‘(aa) placement in credit-bearing, nonremedial courses at the 2-and 4-year public 

institutions of higher education in the State; 

and 

‘‘(bb) success on relevant State career and 

technical education standards; or 

‘‘(II) State-developed and voluntarily adopted by 

a significant number of States; 


tjames on DSK6SPTVN1PROD with REPORTS
67 

‘‘(iv) for standards from kindergarten through grade 

3, reflect progression in how children develop and 

learn the requisite skills and content from earlier 

grades (including preschool) to later grades; and 

‘‘(v) apply to all schools and students in the State. 

‘‘(D) ENGLISH LANGUAGE PROFICIENCY STANDARDS.—Each 

State educational agency shall develop and implement 

statewide, high-quality English language proficiency 

standards that— 

‘‘(i) are aligned with the State’s academic content 

standards; 

‘‘(ii) reflect the academic language that is required 

for success on the State educational agency’s academic 

content assessments; 

‘‘(iii) predict success on the applicable grade level 

English language arts content assessment; 

‘‘(iv) ensure proficiency in each of the domains of 

speaking, listening, reading, and writing in the appropriate amount of time; and 

‘‘(v) address the different proficiency levels of 

English learners. 

‘‘(E) EARLY LEARNING STANDARDS.—The State educational agency shall, in collaboration with the State agencies responsible for overseeing early care and education 

programs and the State early care and education advisory 

council, develop and implement early learning standards 

across all major domains of development for preschoolers 

that— 

‘‘(i) demonstrate alignment with the State academic 

content standards; 

‘‘(ii) are implemented through dissemination, training, and other means to applicable early care and education programs; 

‘‘(iii) reflect research and evidence-based developmental and learning expectations; 

‘‘(iv) inform teaching practices and professional development and services; and 

‘‘(v) for preschool age children, appropriately assist 

in the transition to kindergarten. 

‘‘(F) ASSURANCE.—Each State plan shall include an assurance that the State has implemented the same content 

standards for all students in the same grade and does not 

have a policy of using different content standards for any 

student subgroup. 

‘‘(3) HIGH-QUALITY ASSESSMENTS.— 

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

that the State educational agency will adopt and implement high-quality assessments in English language arts, 

math, and science not later than the 2014–2015 school 

year that comply with this paragraph. 

‘‘(B) ELEMENTS.—Such assessments shall— 

‘‘(i) be valid, reliable, appropriate, and of adequate 

technical quality for each purpose required under this 

Act, and be consistent with relevant, nationally recognized professional and technical standards; 


tjames on DSK6SPTVN1PROD with REPORTS
68 

‘‘(ii) measure the knowledge and skills necessary to 

demonstrate proficiency in the academic content 

standards under paragraph (2) for the grade in which 

the student is enrolled; 

‘‘(iii) be developed as part of a system of assessments providing data (including individual student 

achievement data and individual student growth 

data), that shall be used to— 

‘‘(I) improve teaching, learning, and program 

outcomes; and 

‘‘(II) make determinations of individual principal and teacher effectiveness for the purposes of 

evaluation and professional development under 

title II; 

‘‘(iv) be used in determining the performance of each 

local educational agency and school in the State in accordance with the State’s accountability system under 

subsection (c); 

‘‘(v) provide an accurate measure of— 

‘‘(I) student achievement at all levels of student 

performance; and 

‘‘(II) student academic growth; 

‘‘(vi) allow for complex demonstrations or applications of knowledge and skills including the ability to 

think critically, solve problems, and communicate effectively; 

‘‘(vii) be accessible for all students, including students with disabilities and English learners, by— 

‘‘(I) incorporating principles of universal design 

as defined by section 3(a) of the Assistive Technology Act of 1998 (29 U.S.C. 3002(a)); and 

‘‘(II) being interoperable when using any digital 

assessment, such as computer-based and online 

assessments. 

‘‘(viii) provide for accommodations, including for 

computer-based and online assessments, for students 

with disabilities and English learners to provide a 

valid and reliable measure of such students’ achievement; 

‘‘(ix) produce individual student interpretive, descriptive, and diagnostic reports that allow parents, 

teachers, and school leaders to understand and address the specific academic needs of students, and include information regarding achievement on academic 

assessments, 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; and 

‘‘(x) may be partially delivered in the form of portfolios, projects, or extended performance tasks as long 

as such assessments meet the requirements of this 

subsection. 

‘‘(C) ADMINISTRATION.—Such assessments shall— 


tjames on DSK6SPTVN1PROD with REPORTS
69 

‘‘(i) be administered to all students, including all 

subgroups described in subsection (c)(3)(A), in the 

same grade level for each content area assessed, except as provided under subparagraph (E), through— 

‘‘(I) a single summative assessment each school 

year; or 

‘‘(II) multiple statewide assessments over the 

course of the school year that result in a single 

summative score that provides valid, reliable, and 

transparent information on student achievement 

for each tested content area in each grade level; 

‘‘(ii) for English language arts and math— 

‘‘(I) be administered annually, at a minimum, 

for students in grade 3 through grade 8; and 

‘‘(II) be administered at least once, but not earlier than 11th grade for students in grades 9 

through grade 12; and 

‘‘(iii) for science, be administered at least once during grades 3 through 5, grades 6 through 8, and 

grades 9 through 12. 

‘‘(D) NATIVE LANGUAGE ASSESSMENTS.—Each State educational agency with at least 10,000 English learners, at 

least 25 percent of which speak the same language that is 

not English, shall adopt and implement native language 

assessments for that language consistent with State law. 

Such assessments shall be for students— 

‘‘(i) for whom the academic assessment in the student’s native language would likely yield more accurate and reliable information about such student’s content knowledge; 

‘‘(ii) who are literate in the native language and 

have received formal education in such language; or 

‘‘(iii) who are enrolled in a bilingual or dual language program and the native language assessment is 

consistent with such program’s language of instruction. 

‘‘(E) ALTERNATE ASSESSMENTS FOR STUDENTS WITH THE

MOST SIGNIFICANT COGNITIVE DISABILITIES.—In the case of 

a State educational agency that adopts alternate achievement standards for students with the most significant cognitive disabilities described in paragraph (4)(D), the State 

shall adopt and implement high-quality statewide alternate assessments aligned to such alternate achievement 

standards that meet the requirements of subparagraphs 

(B) and (C), so long as the State ensures that in the State 

the total number of students in each grade level assessed 

in each subject does not exceed the cap established under 

subsection (c)(3)(E)(iii)(II). 

‘‘(F) ENGLISH LANGUAGE PROFICIENCY ASSESSMENTS.— Each State educational agency shall adopt and implement 

statewide English language proficiency assessments that— 

‘‘(i) are administered annually and aligned with the 

State’s English language proficiency standards and 

academic content standards; 

‘‘(ii) are accessible, valid, and reliable; 


tjames on DSK6SPTVN1PROD with REPORTS
70 

‘‘(iii) measure proficiency in reading, listening, 

speaking, and writing in English both individually and 

collectively; 

‘‘(iv) assess progress and growth on language and 

content acquisition; and 

‘‘(v) allow for the local educational agency to retest 

a student in the individual domain areas that the student did not pass, unless the student is newly entering 

a school in the State, or is in the third, fifth, or eighth 

grades. 

‘‘(G) SPECIAL RULE WITH RESPECT TO BUREAU FUNDED

SCHOOLS.—In determining the assessments to be used by 

each school operated or funded by the Department of the 

Interior’s Bureau of Indian Education receiving funds 

under this part, the following shall apply: 

‘‘(i) Each such school that is accredited by the State 

in which it is operating shall use the assessments the 

State has developed and implemented to meet the requirements of this section, or such other appropriate 

assessment as approved by the Secretary of the Interior. 

‘‘(ii) Each such school that is accredited by a regional accrediting organization shall adopt an appropriate assessment, in consultation with and with the 

approval of, the Secretary of the Interior and consistent with assessments adopted by other schools in 

the same State or region, that meets the requirements 

of this section. 

‘‘(iii) Each such school that is accredited by a tribal 

accrediting agency or tribal division of education shall 

use an assessment developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessment meets the requirements of 

this section. 

‘‘(H) ASSURANCE.—Each State plan shall include an assurance that the State educational agency will conduct an 

inventory of statewide and local educational agency-wide 

student assessments, including an analysis of assessment 

purposes, practices, and use, and a description of the actions the State will take to reduce duplicative assessments. 

‘‘(I) ACCOMMODATIONS.—Each State plan shall describe 

the accommodations for English learners and students 

with disabilities on the assessments used by the State and 

include evidence of their effectiveness in maintaining valid 

results for the appropriate population. 

‘‘(J) ADAPTIVE ASSESSMENTS.—In the case of a State educational agency that develops and administers computer 

adaptive assessments, such assessments shall meet the requirements of this paragraph, and must measure, at a 

minimum, each student’s academic proficiency against the 

State’s content standards as described in paragraph (2) for 

the grade in which the student is enrolled. 

‘‘(4) COLLEGE AND CAREER READY ACHIEVEMENT AND GROWTH

STANDARDS.— 


tjames on DSK6SPTVN1PROD with REPORTS
71 

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

that the State will adopt and implement college and career 

ready achievement standards in English language arts, 

math, and science by the 2013–2014 school year that comply with this paragraph. 

‘‘(B) ELEMENTS.—Such academic achievement standards 

shall establish at a minimum, 3 levels of student achievement that describe how well a student is demonstrating 

proficiency in the State’s academic content standards that 

differentiate levels of performance to— 

‘‘(i) describe 2 levels of high achievement (on-target 

and advanced) that indicate, at a minimum, that a 

student is proficient in the academic content standards under paragraph (2) as measured by the performance on assessments under paragraph (3); and 

‘‘(ii) describe a third level of achievement (catch-up) 

that provides information about the progress of a student toward becoming proficient in the academic content standards under paragraph (2) as measured by 

the performance on assessments under paragraph (3). 

‘‘(C) VERTICAL ALIGNMENT.—Such achievement standards are vertically aligned to ensure a student who 

achieves at the on-target or advanced levels under subparagraph (B)(i) signifies that student is on-track to graduate prepared for— 

‘‘(i) placement in credit-bearing, nonremedial courses 

at the 2- and 4-year public institutions of higher education in the State; and 

‘‘(ii) success on relevant State career and technical 

education standards. 

‘‘(D) ALTERNATE ACHIEVEMENT STANDARDS.—If a State 

educational agency adopts alternate achievement standards for students with the most significant cognitive disabilities, such academic achievement standards shall establish, at a minimum, 3 levels of student achievement 

that describe how well a student is demonstrating proficiency in the State’s academic content standards that— 

‘‘(i) are aligned to the State’s college and career 

ready content standards under paragraph (2); 

‘‘(ii) are vertically aligned to ensure that a student 

who achieves at the on-target or advanced level under 

clause (v)(I) signifies that the student is on-track to 

access a postsecondary education or career; 

‘‘(ii) reflect concepts and skills that students should 

know and understand for each grade; 

‘‘(iv) are supported by evidence-based learning progressions to age and grade-level performance; and 

‘‘(v) establish, at a minimum— 

‘‘(I) 2 levels of high achievement (on-target and 

advanced) that indicate, at a minimum, that a 

student with the most significant cognitive disabilities is proficient in the academic content 

standards under paragraph (2) as measured by 

the performance on assessments under paragraph 

(3)(E); and 


tjames on DSK6SPTVN1PROD with REPORTS
72 

‘‘(II) a third level of achievement (catch-up) that 

provides information about the progress of a student with the most significant cognitive disabilities toward becoming proficient in the academic 

content standards under paragraph (2) as measured by the performance on assessments under 

paragraph (3)(E). 

‘‘(E) STUDENT GROWTH STANDARDS.—Each State plan 

shall demonstrate that the State will adopt and implement 

student growth standards for students in the assessed 

grades that comply with this subparagraph, as follows: 

‘‘(i) ON-TARGET AND ADVANCED LEVELS.—For a student who is achieving at the on-target or advanced 

level of achievement, the student growth standard is 

not less than the rate of academic growth necessary 

for the student to remain at that level of student 

achievement for not less than 3 years. 

‘‘(ii) CATCH-UP LEVEL.—For a student who is achieving at the catch-up level of achievement, the student 

growth standard is not less than the rate of academic 

growth necessary for the student to achieve an on-target level of achievement by the end of the student’s 

current grade span or within 3 years, whichever occurs first. 

‘‘(F) MODIFIED ACHIEVEMENT STANDARDS.—If a State 

educational agency has modified achievement standards in 

accordance with section 200.1(e) of title 34, Code of Federal Regulations, prior to the date of the enactment the 

Student Success Act, the State educational agency may 

continue to use such modified achievement standards for 

the purposes established as of the day before the date of 

enactment of such Act through not later than the implementation of the assessments under paragraph (3). 

‘‘(5) RULE OF CONSTRUCTION.—Nothing in paragraph (3) shall 

be construed to prescribe the use of the academic assessments 

established pursuant to such paragraph for student promotion 

or graduation purposes. 

‘‘(c) ACCOUNTABILITY AND SCHOOL IMPROVEMENT SYSTEM.—The 

State plan shall demonstrate that not later than the 2013–2014 

school year, the State educational agency, in consultation with representatives of local educational agencies, teachers, school leaders, 

parents, community organizations, communities representing underserved populations, and Indian tribes, has developed a single 

statewide accountability and school improvement system (in this 

subsection known as the ‘accountability system’) that ensures all 

students have the knowledge and skills to successfully enter the 

workforce or postsecondary education without the need for remediation by complying with this subsection as follows: 

‘‘(1) ELEMENTS.—Each State accountability system shall, at a 

minimum— 

‘‘(A) annually measure academic achievement for of all 

students, including each subgroup described in paragraph 

(3)(A), in each public school, including each charter school, 

in the State, including— 


tjames on DSK6SPTVN1PROD with REPORTS
73 

‘‘(i) student academic achievement in accordance 

with the academic achievement standards described in 

subsection (b)(4); 

‘‘(ii) student growth in accordance with the student 

growth standards described in subsection (b)(4)(E); 

and 

‘‘(iii) graduation rates in diploma granting schools; 

‘‘(B) set clear performance and growth targets in accordance with paragraph (2) to improve the academic achievement of all students as measured under subparagraph (A) 

of this paragraph and to close achievement gaps so that all 

students graduate ready for postsecondary education and 

the workforce; 

‘‘(C) annually differentiate performance of schools based 

on the achievement measured under subparagraph (A) and 

whether the schools meet the performance and growth targets set under paragraph (2), and identify for the purposes 

under section 1116, at a minimum— 

‘‘(i) persistently low-achieving schools that— 

‘‘(I) have the lowest performance in the local 

educational agency and the State using current 

and prior year academic achievement, growth, and 

graduation rate data; 

‘‘(II) have a 4-year adjusted cohort graduation 

rate at or below 60 percent; or 

‘‘(III) as of the date of enactment of the Student 

Success Act, have been identified under section 

1003(g); 

‘‘(ii) schools in need of improvement that have not 

met one or more of the performance targets set under 

paragraph (2) for any subgroup described in paragraph (3)(A) in the same grade level and subject, for 

two consecutive years; and 

‘‘(iii) reward schools that have— 

‘‘(I) the highest performance in the State for all 

students and student subgroups described in paragraph (3)(A); or 

‘‘(II) made the most progress over at least the 

most recent 2-year period in the State in increasing student academic achievement and graduation 

rates for all students and student subgroups described in paragraph (3)(A); 

‘‘(D) establish improvement indicators to diagnose school 

challenges and measure school progress within the improvement system described in section 1116, including factors to measure— 

‘‘(i) student engagement, including student attendance rates, student discipline data including suspension and expulsion rates, incidents of bullying and 

harassment, and surveys of student engagement; 

‘‘(ii) student advancement, such as student on-time 

promotion rates, on-time credit accumulation rates, 

course failure rates, postsecondary entry rates, and 

workforce entry rates; 


tjames on DSK6SPTVN1PROD with REPORTS
74 

‘‘(iii) educator quality, such as teacher attendance, 

vacancies, turnover, and rates of qualified or effective 

teachers; and 

‘‘(iv) academic learning, such as the percentage of 

students taking a college-preparatory curriculum, and 

student success on State or local educational agency 

end-of-course examinations; and 

‘‘(E) may establish multiple measures for all students described in paragraph (3)(A), including as an index, to further differentiate among the categories of schools described 

in subparagraph (C) and as part of the improvement system described in section 1116, which may include indicators that measure— 

‘‘(i) college and career readiness, such as— 

‘‘(I) credit accumulation in and completion of a 

college and career ready course of study aligned 

with admissions requirements set by institutions 

of higher education in the State; 

‘‘(II) participation and success on Advanced 

Placement (AP), International Baccalaureate (IB), 

SAT, WorkKeys, ASVAB, or State-developed college readiness or career readiness assessments; or 

‘‘(III) college enrollment and persistence rates; 

‘‘(ii) evidence of academic learning, such as— 

‘‘(I) valid and reliable academic assessments 

that meet the requirements of subsection (3) in 

subjects other than reading and math, such as 

science, social studies, or writing; 

‘‘(II) percentage of students successfully completing rigorous coursework that aligns with State 

college and career ready standards described 

under subsection (b)(2) such as dual enrollment, 

Advanced Placement (AP), or International Baccalaureate (IB) courses; 

‘‘(III) assessments developed by local educational agencies that meet the requirements of 

subsection (3)(b), are aligned with State college 

and career ready standards, and are comparable 

across all schools within the local educational 

agency; or 

‘‘(IV) student performance-based assessments 

that are valid, reliable, and comparable across a 

local educational agency and meet the requirements of subsection (3)(b); 

‘‘(iii) Evidence of successful learning conditions, such 

as the improvement indicators described in subparagraph (D); or 

‘‘(iv) Evidence of parent and family engagement. 

‘‘(2) GOALS AND TARGETS.— ‘‘(A) IN GENERAL.—Each State educational agency shall 

establish goals and targets for the State accountability and 

school improvement system that comply with this paragraph. Such targets shall be established separately for all 

elementary school and secondary school students, economically disadvantaged students, students from major racial 


tjames on DSK6SPTVN1PROD with REPORTS
75 

and ethnic groups, students with disabilities, and English 

learners. 

‘‘(B) ACHIEVEMENT GOALS.—Each State educational 

agency shall set goals that are consistent with the academic and growth achievement standards under subsection 

(b)(4) to ensure that all students graduate prepared to 

enter the workforce or postsecondary education without 

the need for remediation. 

‘‘(C) PERFORMANCE TARGETS.—Each State educational 

agency shall set ambitious, but achievable annual performance targets separately for each subgroup of students described in paragraph (3)(A), for each grade level and in 

English language arts and math, to assist the State educational agency in achieving its academic achievement 

goals established under subparagraph (B) that either— 

‘‘(i) within 6 years of setting such performance targets, reduce by half the percentage of all students and 

each subgroup described in paragraph (3)(A), who are 

not, according to student performance as of the year 

such targets are set, at the on-target or advanced level 

of achievement; or 

‘‘(ii) result in ambitious, but achievable annual targets for local educational agencies and schools for all 

students and each subgroup of students described in 

paragraph (3)(A) within a specified period of time, approved by the Secretary, such that— 

‘‘(I) the targets are equally rigorous as those in 

subsection (i); and 

‘‘(II) the targets reflect the progress required for 

all students and each subgroup of students described in paragraph (3)(A) to reach the on-target 

or advanced level of achievement within the specified period of time. 

‘‘(D) GROWTH TARGETS.—Each State educational agency 

shall set ambitious but achievable growth targets that— 

‘‘(i) assist the State in achieving the academic 

achievement goals described in subparagraph (B); and 

‘‘(ii) include targets that ensure all students, including the subgroups of students described in paragraph 

(3)(A), meet the growth standards described in subsection (b)(4)(E). 

‘‘(E) GRADUATION RATE GOALS AND TARGETS.— 

‘‘(i) GRADUATION GOALS.—Each State educational 

agency shall set a graduation goal of not less than 90 

percent. 

‘‘(ii) GRADUATION RATE TARGETS.—Each State educational agency shall establish graduation rate targets 

which shall not be less rigorous than the targets approved under section 200.19 of title 34, Code of Federal Regulations (or a successor regulation). 

‘‘(iii) EXTENDED-YEAR GRADUATION RATE TARGETS.— In the case of a State that chooses to use an extendedyear graduation rate in the accountability and school 

improvement system described under this subsection, 

the State shall set extended-year graduation rate tarVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00079 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
76 

gets that are more rigorous than the targets set under 

clause (ii) and, if applicable, are not less rigorous than 

the targets approved under section 200.19 of title 34, 

Code of Federal Regulations (or a successor regulation). 

‘‘(3) FAIR ACCOUNTABILITY.—Each State educational agency 

shall establish fair and appropriate policies and practices, as a 

component of the accountability system established under this 

subsection, to measure school, local educational agency, and 

State performance under the accountability system that, at a 

minimum, comply with this paragraph as follows: 

‘‘(A) DISAGGREGATE.—Each State educational agency 

shall disaggregate student achievement data in a manner 

that complies with the State’s group size requirements 

under subparagraph (B) for the school’s, local educational 

agency’s, and the State’s performance on its goals and performance targets established under paragraph (2), by each 

content area and each grade level for which such goals and 

targets are established, and, if applicable, by improvement 

indicators described in paragraph (1)(D) for each of the following groups: 

‘‘(i) All public elementary and secondary school students. 

‘‘(ii) Economically disadvantaged students. 

‘‘(iii) Students from major racial and ethnic groups. 

‘‘(iv) Students with disabilities. 

‘‘(v) English learners. 

‘‘(B) SUBGROUP SIZE.—Each State educational agency 

shall establish group size requirements for performance 

measurement and reporting under the accountability system that— 

‘‘(i) is the same for all subgroups described in subparagraph (A); 

‘‘(ii) does not exceed 15 students; 

‘‘(iii) yields statistically reliable information; and 

‘‘(iv) does not reveal personally identifiable information about an individual student. 

‘‘(C) PARTICIPATION.—Each State educational agency 

shall ensure that— 

‘‘(i) not less than 95 percent of the students in each 

subgroup described subparagraph (A) take the State’s 

assessments under subsection (b)(2); and 

‘‘(ii) any school or local educational agency that does 

not comply with the requirement described in clause 

(i) of this subparagraph may not be considered to have 

met its goals or performance targets under paragraph 

(2). 

‘‘(D) AVERAGING.—Each State educational agency may 

average achievement data with the year immediately preceding that school year for the purpose of determining 

whether schools, local educational agencies, and the State 

have met their performance targets under paragraph (2). 

‘‘(E) STUDENTS WITH THE MOST SIGNIFICANT COGNITIVE

DISABILITIES.— 


tjames on DSK6SPTVN1PROD with REPORTS
77 

‘‘(i) IN GENERAL.—In calculating the percentage of 

students scoring at the on-target levels of achievement 

and the graduation rate for the purpose of determining whether schools, local educational agencies, 

and the State have met their performance targets 

under paragraph (2), a State shall include all students 

with disabilities, even those students with the most 

significant cognitive disabilities, and— 

‘‘(I) may include the on-target and advanced 

scores of students with the most significant cognitive disabilities taking alternate assessments 

under subsection (b)(3)(E) provided that the number and percentage of such students who score at 

the on-target or advanced level on such alternate 

assessments at the local educational agency and 

the State levels, respectively, does not exceed the 

cap established by the Secretary under clause (iii) 

in the grades assessed and subjects used under 

the accountability system established under this 

subsection; and 

‘‘(II) may include students with the most significant cognitive disabilities, who are assessed using 

alternate assessments described in subsection 

(b)(3)(E) and who receive a State-defined standards-based alternate diploma aligned with alternate achievement standards described in subparagraph (4)(D) and with completion of the student’s 

right to a free and appropriate public education 

under the Individuals with Disabilities Education 

Act, as graduating with a regular secondary 

school diploma, provided that the number and 

percentage of those students who receive a Statedefined standards-based alternate diploma at the 

local educational agency and the State levels, respectively, does not exceed the cap established by 

the Secretary under clause (iii). 

‘‘(ii) STATE REQUIREMENTS.—If the number and percentage of students taking alternate assessments or 

receiving a State-defined standards-based alternate diploma exceeds the cap under clause (iii) at the local 

educational agency or State level, the State educational agency, in determining whether the local educational agency or State, respectively, has met its performance targets under paragraph (2), shall— 

‘‘(I) include all students with the most significant cognitive disabilities; 

‘‘(II) count at the catch-up level of achievement 

or as not graduating such students who exceed 

the cap; 

‘‘(III) include such students at the catch-up level 

of achievement or as not graduating in each applicable subgroup at the school, local educational 

agency, and State level; and 

‘‘(IV) ensure that parents are informed of the actual academic achievement levels and graduation 


tjames on DSK6SPTVN1PROD with REPORTS
78 

status of their children with the most significant 

cognitive disabilities. 

‘‘(iii) SECRETARIAL DUTIES.—The Secretary shall establish a cap for the purposes of this subparagraph 

which— 

‘‘(I) shall be based on the most recently available data on— 

‘‘(aa) the incidence of students with the 

most significant cognitive disabilities; 

‘‘(bb) the participation rates, including by 

disability category, on alternate assessments 

using alternate achievement standards pursuant to subsection (b)(3)(E); 

‘‘(cc) the percentage of students, including 

by disability category, scoring at each achievement level on such alternate assessments; 

and 

‘‘(dd) other factors the Secretary deems necessary; and 

‘‘(II) may not exceed 1 percent of all students in 

the combined grades assessed. 

‘‘(4) TRANSITION PROVISIONS.— ‘‘(A) IN GENERAL.—The Secretary shall take such steps 

as necessary to provide for the orderly transition to the 

new accountability and school improvement systems required under this subsection from prior accountability and 

school improvement systems in existence on the day before 

the date of enactment of the Student Success Act. 

‘‘(B) TRANSITION.—To enable the successful transition 

described in this paragraph, each State educational agency 

receiving funds under this part shall— 

‘‘(i) administer assessments that were in existence 

on the day before the date of enactment of the Student 

Success Act and beginning not later than the 2014– 

2015 school year, administer high-quality assessments 

described in subsection (b)(3); 

‘‘(ii) report student performance on the assessments 

described in subparagraph (I), consistent with the requirements under this title; 

‘‘(iii) set a new baseline for performance targets, as 

described in paragraph (2)(C) and (2)(D), once new 

high-quality assessments described in subsection (b)(3) 

are implemented; 

‘‘(iv) implement the accountability and school improvement requirements of sections 1111 and 1116, 

except— 

‘‘(I) the State shall not be required to identify 

new persistently low achieving schools or schools 

in need of improvement under section 1116 for 1 

year after high-quality assessments described in 

subsection (b)(3) have been implemented; and 

‘‘(II) shall continue to implement school improvement requirements of section 1116 in persistently low achieving schools and schools in need 

of improvement that were identified as such in the 


tjames on DSK6SPTVN1PROD with REPORTS
79 

year prior to implementation of new high-quality 

assessments; and 

‘‘(v) assist local educational agencies in providing 

training and professional development on the implementation of new college and career ready standards 

and high-quality assessments. 

‘‘(C) END OF TRANSITION.—The transition described in 

this paragraph shall be completed by no later than 2 years 

from the date of enactment of the Student Success Act. 

‘‘(d) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARNING.— Each State plan shall contain the following: 

‘‘(1) DESCRIPTIONS.—A description of— 

‘‘(A) how the State educational agency will carry out the 

responsibilities of the State under section 1116; 

‘‘(B) a plan to identify and reduce inequities in the allocation of State and local resources, including personnel 

and nonpersonnel resources, between schools that are receiving funds under this title and schools that are not receiving such funds under this title, consistent with the requirements in section 1120A, including— 

‘‘(i) a description of how the State will support local 

educational agencies in meeting the requirements of 

section 1120A; and 

‘‘(ii) a description of how the State will support local 

educational agencies to align plans under subparagraph (A), efforts to improve educator supports and 

working conditions described in section 2112(b)(3), and 

efforts to improve the equitable distribution of teachers and principals described in section 2112(b)(5), with 

efforts to improve the equitable allocation of resources 

as described in this subsection; 

‘‘(C) how the State educational agency will ensure that 

the results of the State assessments described in subsection (b)(3) and the school evaluations described in subsection (c)(1), respectively, will be provided to local educational agencies, schools, teachers, and parents promptly, 

but not later than before the beginning of the school year 

following the school year in which such assessments, other 

indicators, or evaluations are taken or completed, and in 

a manner that is clear and easy to understand; 

‘‘(D) how the State educational agency will meet the diverse learning needs of students by— 

‘‘(i) identifying and addressing State-level barriers to 

implementation of universal design for learning, as described in section 5429(b)(21), and multi-tier system of 

supports; and 

‘‘(ii) developing and making available to local educational agencies technical assistance for implementing universal design for learning, as described in 

section 5429(b)(21), and multi-tier system of supports; 

‘‘(E) for a State educational agency that adopts alternate 

achievement standards for students with the most significant cognitive disabilities under subsection (b)(4)(D)— 

‘‘(i) the clear and appropriate guidelines for individualized education program teams to apply in deterVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00083 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
80 

mining when a student’s significant cognitive disability justifies alternate assessment based on alternate achievement standards, which shall include 

guidelines to ensure— 

‘‘(I) students with the most significant cognitive 

disabilities have access to the general education 

curriculum for the grade in which the student is 

enrolled; 

‘‘(II) participation in an alternate assessment 

does not influence a student’s placement in the 

least restrictive environment; 

‘‘(III) determinations are made separately for 

each subject and are re-determined each year during the annual individualized education program 

team meeting; 

‘‘(IV) the student’s mode of communication has 

been identified and accommodated to the extent 

possible; and 

‘‘(V) parents of such students are informed of 

and understand that their child’s achievement will 

be based on alternate achievement standards and 

whether participation in such assessments precludes the student from completing the requirements for a regular high school diploma; and 

‘‘(ii) the procedures the State educational agency 

will use to ensure and monitor that individualized 

education program teams implement the requirements 

of clause (i); and 

‘‘(iii) the plan to disseminate information on and 

promote use of appropriate accommodations to increase the number of students with the most significant cognitive disabilities who are assessed using 

achievement standards described in subparagraphs (B) 

and (C) of subsection (b)(4); 

‘‘(F) how the State educational agency will meet the 

needs of English learners, including— 

‘‘(i) the method for identifying an English learner 

that shall be used by all local educational agencies in 

the State; 

‘‘(ii) the entrance and exit requirements for students 

enrolled in limited English proficient classes, which 

shall— 

‘‘(I) be based on rigorous English language 

standards; and 

‘‘(II) prepare such students to successfully complete the State’s assessments; and 

‘‘(iii) timelines and targets for moving students from 

the lowest levels of English language proficiency to the 

State-defined English proficient level, including an assurance that— 

‘‘(I) such targets will be based on student’s initial language proficiency level when first identified as limited English proficient and grade; and 

‘‘(II) such timelines will ensure students achieve 

English proficiency by 18 years of age, unless the 


tjames on DSK6SPTVN1PROD with REPORTS
81 

State has obtained prior approval by the Secretary; 

‘‘(G) how the State educational agency will assist local 

educational agencies in improving instruction in all core 

academic subjects; 

‘‘(H) how the State educational agency will develop and 

improve the capacity of local educational agencies to use 

technology to improve instruction; and 

‘‘(I) how any State educational agency with a charter 

school law will support high-quality public charter schools 

that receive funds under this title by— 

‘‘(i) ensuring the quality of the authorized public 

chartering agencies in the State by establishing— 

‘‘(I) a system of periodic evaluation and certification of public chartering agencies using nationally-recognized professional standards; or 

‘‘(II) a statewide, independent chartering agency 

that meets nationally-recognized professional 

standards; 

‘‘(ii) including in the procedure established pursuant 

to clause (i) requirements for— 

‘‘(I) the annual filing and public reporting of 

independently audited financial statements including disclosure of amount and duration of any 

nonpublic financial and in-kind contributions of 

support, by each public chartering agency, for 

each school authorized by such agency, and by 

each local educational agency and the State; and 

‘‘(II) a legally binding charter or performance 

contract between each charter school and the 

school’s authorized public chartering agency 

that— 

‘‘(aa) describes the rights, duties, and remedies of the school and the public chartering 

agency; and 

‘‘(bb) bases charter renewal and revocation 

decisions on an agreed-to school accountability plan which includes financial and organizational indicators, with significant weight 

given to the student achievement on the 

achievement goals, performance targets, and 

growth targets established pursuant to subparagraphs (B), (C), and (D) of subsection 

(c)(2), respectively, for each student subgroup 

described in subsection (c)(3)(A), as well as 

‘‘(iii) developing and implementing, in consultation 

and coordination with local educational agencies, a 

system of intervention, revocation, or closure for charter schools and public chartering agencies failing to 

meet the requirements and standards described in 

clauses (i) and (ii), which, at a minimum provides 

for— 

‘‘(I) initial and regular review, no less than once 

every 3 years, of each public chartering agency; 

and 


tjames on DSK6SPTVN1PROD with REPORTS
82 

‘‘(II) intervention, revocation, or closure of any 

charter school identified for school improvement 

under section 1116. 

‘‘(2) ASSURANCES.—Assurances that— 

‘‘(A) the State educational agency will participate in biennial State academic assessments of 4th, 8th, and 12th 

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

under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act, if the Secretary pays 

the costs of administering such assessments; 

‘‘(B) the State educational agency will— 

‘‘(i) notify local educational agencies and the public 

of the content and student academic achievement 

standards and academic assessments developed under 

this section, and of the authority to operate schoolwide 

programs; and 

‘‘(ii) fulfill the State educational agency’s responsibilities regarding local educational agency and school improvement under section 1116; 

‘‘(C) the State educational agency will encourage local 

educational agencies to consolidate funds from other Federal, State, and local sources for school improvement activities under 1116 and for schoolwide programs under section 1114; 

‘‘(D) the State educational agency has modified or eliminated State fiscal and accounting barriers so that schools 

can easily consolidate funds from other Federal, State, and 

local sources for schoolwide programs under section 1114; 

‘‘(E) that State educational agency will coordinate data 

collection efforts to fulfill the requirements of this Act and 

reduce the duplication of data collection to the extent practicable; 

‘‘(F) the State educational agency will provide the least 

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

program assisted under this part; 

‘‘(G) the State educational agency will inform local educational agencies in the State of the local educational 

agency’s authority— 

‘‘(i) to transfer funds under title VI; 

‘‘(ii) to obtain waivers under part D of title IX; and 

‘‘(iii) if the State is an Ed-Flex Partnership State, to 

obtain waivers under the Education Flexibility Partnership Act of 1999; 

‘‘(H) the State educational agency will work with other 

agencies, including educational service agencies or other 

local consortia and comprehensive centers established 

under the Educational Technical Assistance Act of 2002, 

and institutions to provide professional development and 

technical assistance to local educational agencies and 

schools; 

‘‘(I) the State educational agency will ensure that local 

educational agencies in the State comply with the requireVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00086 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
83 

ments of subtitle B of title VII of the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. lll17); and 

‘‘(J) the State educational agency has engaged in timely 

and meaningful consultation with representatives of Indian tribes located in the State in the development of the 

State plan to serve local educational agencies under its jurisdiction in order to— 

‘‘(i) improve the coordination of activities under this 

Act; 

‘‘(ii) meet the purpose of this title; and 

‘‘(iii) meet the unique cultural, language, and educational needs of Indian students. 

‘‘(e) FAMILY ENGAGEMENT.—Each State plan shall include a plan 

for strengthening family engagement in education. Each such plan 

shall, at a minimum, include— 

‘‘(1) a description of the State’s criteria and schedule for review and approval of local educational agency engagement policies and practices pursuant to section 1112(e)(3); 

‘‘(2) a description of the State’s system and process for assessing local educational agency implementation of section 

1118 responsibilities; 

‘‘(3) a description of the State’s criteria for identifying local 

educational agencies that would benefit from training and support related to family engagement in education; 

‘‘(4) a description of the State’s statewide system of capacitybuilding and technical assistance for local educational agencies 

and schools on effectively implementing family engagement in 

education practices and policies to increase student achievement; 

‘‘(5) an assurance that the State will refer to Statewide Family Engagement Centers, as described in section 5702, those 

local educational agencies that would benefit from training and 

support related to family engagement in education; and 

‘‘(6) a description of the relationship between the State educational agency and Statewide Family Engagement Centers, 

parent training and information centers, and community parent resource centers in the State established under sections 

671 and 672 of the Individuals with Disabilities Education Act. 

‘‘(f) PEER REVIEW AND SECRETARIAL APPROVAL.— ‘‘(1) SECRETARIAL DUTIES.—The Secretary shall— 

‘‘(A) establish a peer-review process to assist in the review of State plans; 

‘‘(B) appoint individuals to the peer-review process who 

are representative of parents, teachers, State educational 

agencies, local educational agencies, and experts and who 

are familiar with educational standards, assessments, accountability, the needs of low-performing schools, and 

other educational needs of students; 

‘‘(C) approve a State plan within 120 days of its submission unless the Secretary determines that the plan does 

not meet the requirements of this section; 

‘‘(D) if the Secretary determines that the State plan does 

not meet the requirements of this section immediately notify the State of such determination and the reasons for 

such determination; 


tjames on DSK6SPTVN1PROD with REPORTS
84 

‘‘(E) not decline to approve a State’s plan before— 

‘‘(i) offering the State an opportunity to revise its 

plan; 

‘‘(ii) providing technical assistance in order to assist 

the State to meet the requirements of this section; and 

‘‘(iii) providing a hearing; and 

‘‘(F) have the authority to disapprove a State plan for 

not meeting the requirements of this part, but shall not 

have the authority to require a State, as a condition of approval of the State plan, to include in, or delete from, such 

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

content standards or to use specific academic assessment 

instruments or items. 

‘‘(2) STATE REVISIONS.—A State plan shall be revised by the 

State educational agency if the revision is necessary to satisfy 

the requirements of this section. 

‘‘(3) PUBLIC REVIEW.—Notifications under this subsection 

shall be made available to the public through the website of 

the Department, including— 

‘‘(A) State plans submitted or resubmitted by a State; 

‘‘(B) peer review comments; 

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

‘‘(D) amendments or changes to State plans; and 

‘‘(E) hearings. 

‘‘(g) DURATION OF THE PLAN.— 

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

‘‘(A) remain in effect for the duration of the State’s participation under this part or 4 years, whichever is shorter; 

and 

‘‘(B) be periodically reviewed and revised as necessary by 

the State educational agency to reflect changes in the 

State’s strategies and programs under this part, including 

information on progress the State has made in— 

‘‘(2) RENEWAL.—A State educational agency that desires to 

continue participation under this part shall submit a renewed 

plan every 4 years, including information on progress the State 

has made in— 

‘‘(A) implementing college- and career-ready content and 

achievement standards and high-quality assessments described in paragraph (b); 

‘‘(B) meeting its goals and performance targets described 

in subsection (c)(2); and 

‘‘(C) improving the capacity and skills of teachers and 

principals as described in section 2112. 

‘‘(2) ADDITIONAL INFORMATION.—If significant changes are 

made to a State’s plan, such as the adoption of new State academic content standards and State student achievement standards, new academic assessments, or new performance goals or 

target, growth goals or targets, or graduation goals or targets, 

such information shall be submitted to the Secretary for approval. 

‘‘(h) FAILURE TO MEET REQUIREMENTS.—If a State fails to meet 

any of the requirements of this section, the Secretary may withhold 


tjames on DSK6SPTVN1PROD with REPORTS
85 

funds for State administration under this part until the Secretary 

determines that the State has fulfilled those requirements. 

‘‘(i) REPORTS.— ‘‘(1) ANNUAL STATE REPORT CARD.— ‘‘(A) IN GENERAL.—A State that receives assistance 

under this part shall prepare and disseminate an annual 

State report card. Such dissemination shall include, at a 

minimum, publicly posting the report card on the home 

page of the State educational agency’s website. 

‘‘(B) IMPLEMENTATION.—The State report card shall be— 

‘‘(i) concise; and 

‘‘(ii) presented in an understandable and uniform 

format and, to the extent practicable, provided in a 

language that the parents can understand. 

‘‘(C) REQUIRED INFORMATION.—The State shall include in 

its annual State report card— 

‘‘(i) information, in the aggregate, and disaggregated 

and cross-tabulated by race, ethnicity, gender, disability status, migrant status, English proficiency, and 

status as economically disadvantaged, except that 

such disaggregation and cross-tabulation shall not be 

required in a case in which the number of students in 

a category is insufficient to yield statistically reliable 

information or the results would reveal personally 

identifiable information about an individual student 

on— 

‘‘(I) student achievement at each achievement 

level on the State academic assessments described 

in subsection (b)(3), including the most recent 2- 

year trend; 

‘‘(II) student growth on the State academic assessments described in subsection (b)(3), including 

the most-recent 2-year trend; 

‘‘(III) the four-year adjusted cohort rate, the extended-year graduation rate (where applicable), 

and the graduation rate by type of diploma, including the most recent 2-year trend; 

‘‘(IV) the State established improvement indicators under subsection (c)(1)(D); 

‘‘(V) the percentage of students who did not take 

the State assessments; and 

‘‘(VI) the most recent 2-year trend in student 

achievement and student growth in each subject 

area and for each grade level, for which assessments under this section are required; 

‘‘(ii) information that provides a comparison between 

the actual achievement levels and growth of each 

group of students described in subsection (c)(3)(A) and 

the performance targets and growth targets in subsection (c)(2) for each such group of students on each 

of the academic assessments and for graduation rates 

required under this part; 

‘‘(iii) if a State adopts alternate achievement standards for students with the most significant cognitive 

disabilities, the number and percentage of students 


tjames on DSK6SPTVN1PROD with REPORTS
86 

taking the alternate assessments and information on 

student achievement at each achievement level and 

student growth, by grade and subject; 

‘‘(iv) the number of students who are English learners, and the performance of such students, on the 

State’s English language proficiency assessments, including the students’ attainment of, and progress toward, higher levels of English language proficiency; 

‘‘(v) information on the performance of local educational agencies in the State regarding school improvement, including the number and names of each 

school identified for school improvement under section 

1116 and information on the outcomes of the improvement indicators outlined in section 1111(c)(1)(D); 

‘‘(vi) the professional qualifications of teachers in the 

State, the percentage of such teachers teaching with 

emergency or provisional credentials, and the percentage of classes in the State not taught by qualified 

teachers, in the aggregate and disaggregated by highpoverty compared to low-poverty schools which, for the 

purpose of this clause, means schools in the top quartile of poverty and the bottom quartile of poverty in 

the State; 

‘‘(vii) information on teacher effectiveness, as described in section 2112(b)(1)(C), in the aggregate and 

disaggregated by high-poverty compared to low-poverty schools which, for the purpose of this clause, 

means schools in the top quartile of poverty and the 

bottom quartile of poverty in the State; 

‘‘(viii) a clear and concise description of the State’s 

accountability system, including a description of the 

criteria by which the State educational agency evaluates school performance, and the criteria that the 

State educational agency has established, consistent 

with subsection (c), to determine the status of schools 

with respect to school improvement; and 

‘‘(ix) outcomes related to quality charter authorizing 

standards as described in subsection (d)(1)(I), including, at a minimum, annual filing as described in subsection (d)(1)(I)(ii)(I). 

‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.— 

‘‘(A) REPORT CARDS.—A local educational agency that receives assistance under this part shall prepare and disseminate an annual local educational agency report card. 

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

agency shall ensure that each local educational agency collects appropriate data and includes in the local educational 

agency’s annual report the information described in paragraph (1)(C) as applied to the local educational agency and 

each school served by the local educational agency, and— 

‘‘(i) in the case of a local educational agency— 

‘‘(I) the number and percentage of schools identified for school improvement under section 1116 

and how long the schools have been so identified; 

and 


tjames on DSK6SPTVN1PROD with REPORTS
87 

‘‘(II) information that shows how students 

served by the local educational agency achieved on 

the statewide academic assessment compared to 

students in the State as a whole; 

‘‘(III) per-pupil expenditures from Federal, 

State, and local sources, including personnel and 

nonpersonnel resources, for each school in the 

local educational agency, consistent with the requirements under section 1120A; 

‘‘(IV) the number and percentage of secondary 

school students who have been removed from the 

4-year adjusted cohort by leaver code, and the 

number and percentage of students from each adjusted cohort that have been enrolled in high 

school for more than 4 years but have not graduated with a regular diploma; and 

‘‘(V) information on the number of military-connected students (students who are a dependent of 

a member of the Armed Forces, including reserve 

components thereof) served by the local educational agency and how such military-dependent 

students achieved on the statewide academic assessment compared to all students served by the 

local educational agency; and 

‘‘(ii) in the case of a school— 

‘‘(I) whether the school has been identified for 

school improvement; and 

‘‘(II) information that shows how the school’s 

students achievement on the statewide academic 

assessments and other improvement indicators 

compared to students in the local educational 

agency and the State as a whole. 

‘‘(C) OTHER INFORMATION.—A local educational agency 

may include in its annual local educational agency report 

card any other appropriate information, whether or not 

such information is included in the annual State report 

card. 

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

only include in its annual local educational agency report 

card data that are sufficient to yield statistically reliable 

information, as determined by the State, and that do not 

reveal personally identifiable information about an individual student. 

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

agency shall publicly disseminate the report cards described in this paragraph to all schools in the school district served by the local educational agency and to all parents of students attending those schools in an accessible, 

understandable, and uniform format and, to the extent 

practicable, provided in a language that the parents can 

understand, and make the information widely available 

through public means, such as posting on the Internet, distribution to the media, and distribution through public 

agencies. 


tjames on DSK6SPTVN1PROD with REPORTS
88 

‘‘(3) PREEXISTING REPORT CARDS.—A State educational agency or local educational agency that was providing public report 

cards on the performance of students, schools, local educational 

agencies, or the State prior to the date of enactment of the Student Success Act may use those report cards for the purpose 

of this subsection, so long as any such report card is modified, 

as may be needed, to contain the information required by this 

subsection. 

‘‘(4) 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 State’s progress in developing 

and implementing 

‘‘(i) the college and career ready standards described 

in subsection (b)(2); 

‘‘(ii) the academic assessments described in subsection (b)(3); 

‘‘(iii) the accountability and school improvement system described in subsection (c); and 

‘‘(iv) teacher and principal evaluation systems described in section 2112(b)(1); and 

‘‘(B) the annual State report card under paragraph (1). 

‘‘(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 (4). 

‘‘(7) PARENTS RIGHT-TO-KNOW.— ‘‘(A) ACHIEVEMENT INFORMATION.—At the beginning of 

each school year, a school that receives funds under this 

subpart shall provide to each individual parent— 

‘‘(i) information on the level of achievement and 

growth of the parent’s child on each of the State academic assessments and, as appropriate, other improvement indicators adopted in accordance with this subpart; and 

‘‘(ii) timely notice that the parent’s child has been 

assigned, or has been taught for four or more consecutive weeks by, a teacher who is not qualified or has 

been found to be ineffective consistent with the local 

educational agency evaluation, as described in section 

2112(b)(1). 

‘‘(B) QUALIFICATIONS.—At the beginning of each school 

year, a local educational agency that receives funds under 

this part shall notify the parents of each student attending 

any school receiving funds under this part, information regarding the professional qualifications of the student’s 


tjames on DSK6SPTVN1PROD with REPORTS
89 

classroom teachers, including, at a minimum, the following: 

‘‘(i) Whether the teacher has met State qualification 

and licensing criteria for the grade levels and subject 

areas in which the teacher provides instruction. 

‘‘(ii) Whether the teacher is teaching under emergency or other provisional status through which State 

qualification or licensing criteria have been waived. 

‘‘(iii) Whether the teacher is currently enrolled in an 

alternative certification program. 

‘‘(iv) Whether the child is provided services by paraprofessionals or specialized instructional support personnel and, if so, their qualifications. 

‘‘(C) FORMAT.—The notice and information provided to 

parents under this paragraph shall be in an understandable and uniform format and, to the extent practicable, 

provided in a language that the parents can understand. 

‘‘(j) PRIVACY.—Information collected under this section shall be 

collected and disseminated in a manner that protects the privacy 

of individuals. 

‘‘(k) TECHNICAL ASSISTANCE.—The Secretary shall provide a 

State educational agency, at the State educational agency’s request, technical assistance in meeting the requirements of this section, including the provision of advice by experts in the development of college and career ready standards, high-quality academic 

assessments, and goals and targets that are valid and reliable, and 

other relevant areas. 

‘‘(l) VOLUNTARY PARTNERSHIPS.—A State may enter into a voluntary partnership with another State to develop and implement 

the academic assessments and standards required under this section. 

‘‘(m) DEFINITIONS.—In this section: 

‘‘(1) ADJUSTED COHORT; EXTENDED-YEAR; ENTERING COHORT; 

TRANSFERRED INTO; TRANSFERRED OUT.— 

‘‘(A) ADJUSTED COHORT.—Subject to subparagraph (D)(ii) 

through (G), the term ‘adjusted cohort’ means the difference of— 

‘‘(i) the sum of— 

‘‘(I) the entering cohort; plus 

‘‘(II) any students that transferred into the cohort in any of grades 9 through 12; minus 

‘‘(ii) any students that are removed from the cohort 

as described in subparagraph (E). 

‘‘(B) EXTENDED YEAR.—The term ‘extended year’ when 

used with respect to a graduation rate, means the fifth or 

sixth year after the school year in which the entering cohort, as described in subparagraph (C), is established for 

the purpose of calculating the adjusted cohort. 

‘‘(C) ENTERING COHORT.—The term ‘entering cohort’ 

means the number of first-time 9th graders enrolled in a 

secondary school 1 month after the start of the secondary 

school’s academic year. 

‘‘(D) TRANSFERRED INTO.—The term ‘transferred into’ 

when used with respect to a secondary school student, 

means a student who— 


tjames on DSK6SPTVN1PROD with REPORTS
90 

‘‘(i) was a first-time 9th grader during the same 

school year as the entering cohort; and 

‘‘(ii) enrolls after the entering cohort is calculated as 

described in subparagraph (B). 

‘‘(E) TRANSFERRED OUT.— 

‘‘(i) IN GENERAL.—The term ‘transferred out’ when 

used with respect to a secondary school student, 

means a student who the secondary school or local 

educational agency has confirmed has transferred to 

another— 

‘‘(I) school from which the student is expected to 

receive a regular secondary school diploma; or 

‘‘(II) educational program from which the student is expected to receive a regular secondary 

school diploma. 

‘‘(ii) CONFIRMATION REQUIREMENTS.— 

‘‘(I) DOCUMENTATION REQUIRED.—The confirmation of a student’s transfer to another school or 

educational program described in clause (i) requires documentation from the receiving school or 

program that the student enrolled in the receiving 

school or program. 

‘‘(II) LACK OF CONFIRMATION.—A student who 

was enrolled, but for whom there is no confirmation of the student having transferred out, shall 

remain in the cohort as a non-graduate for reporting and accountability purposes under this section. 

‘‘(iii) PROGRAMS NOT PROVIDING CREDIT.—A student 

enrolled in a GED or other alternative educational 

program that does not issue or provide credit toward 

the issuance of a regular secondary school diploma 

shall not be considered transferred out. 

‘‘(F) COHORT REMOVAL.—To remove a student from a cohort, a school or local educational agency shall require documentation to confirm that the student has transferred 

out, emigrated to another country, or is deceased. 

‘‘(G) TREATMENT OF OTHER LEAVERS AND WITHDRAWALS.—A student who was retained in a grade, enrolled in a GED program, aged-out of a secondary school 

or secondary school program, or left secondary school for 

any other reason, including expulsion, shall not be considered transferred out, and shall remain in the adjusted cohort. 

‘‘(H) SPECIAL RULE.—For those secondary schools that 

start after grade 9, the entering cohort shall be calculated 

1 month after the start of the secondary school’s academic 

year in the earliest secondary school grade at the secondary school. 

‘‘(2) 4-YEAR ADJUSTED COHORT GRADUATION RATE.—The term 

‘4-year adjusted cohort graduation rate’ means the percent obtained by calculating the product of— 

‘‘(A) the result of— 

‘‘(i) the number of students who— 


tjames on DSK6SPTVN1PROD with REPORTS
91 

‘‘(I) formed the adjusted cohort 4 years earlier; 

and 

‘‘(II) graduate in 4 years or less with a regular 

secondary school diploma; divided by 

‘‘(ii) the number of students who formed the adjusted cohort for that year’s graduating class 4 years 

earlier; multiplied by 

‘‘(B) 100. 

‘‘(3) EXTENDED-YEAR GRADUATION RATE.—The term ‘extended-year graduation rate’ for a school year is defined as the 

percent obtained by calculating the product of the result of— 

‘‘(A) the sum of— 

‘‘(i) the number of students who— 

‘‘(I) form the adjusted cohort for that year’s 

graduating class; and 

‘‘(II) graduate in an extended year with a regular secondary school diploma; or 

‘‘(III) graduate before exceeding the age for eligibility for a free appropriate public education (as 

defined in section 602 of the Individuals with Disabilities Education Act) under State law; divided 

by 

‘‘(ii) the result of— 

‘‘(I) the number of students who form the adjusted cohort for that year’s graduating class; plus 

‘‘(II) the number of students who transferred in 

during the extended year defined in paragraph 

(1)(B), minus 

‘‘(III) students who transferred out, emigrated, 

or died during the extended year defined in paragraph (1)(B); multiplied by 

‘‘(B) 100. 

‘‘(4) LEAVER CODE.—The term ‘leaver code’ means a number 

or series of numbers and letters assigned to a categorical reason for why a student left the high school from which she or 

he is enrolled without having earned a regular high school diploma, except that— 

‘‘(A) an individual student with either a duplicative code 

or whom has not been assigned a leaver code shall not be 

removed from the cohort assigned for the purpose of calculating the adjusted cohort graduation rate; and 

‘‘(B) the number of students with either a duplicative 

leaver code or who have not been assigned a leaver code 

shall be included in reporting requirements for the leaver 

code. 

‘‘(5) MULTI-TIER SYSTEM OF SUPPORTS.—The term ‘multi-tier 

system of supports’ means a comprehensive system of differentiated supports that includes evidence-based instruction, universal screening, progress monitoring, formative assessment, 

and research-based interventions matched to student needs, 

and educational decision-making using student outcome data. 

‘‘(6) GRADUATION RATE.—The term ‘graduation rate’ means a 

4-year adjusted cohort graduation rate and the extended-year 

graduation rate. 


tjames on DSK6SPTVN1PROD with REPORTS
92 

‘‘(7) REGULAR SECONDARY SCHOOL DIPLOMA.—The term ‘regular secondary school diploma’ means the standard secondary 

school diploma awarded to the preponderance of students in 

the State that is fully aligned with State standards, or a higher diploma. Such term shall not include GED’s, certificates of 

attendance, or any lesser diploma award.’’. 

SEC. 104. ELIGIBLE SCHOOL ATTENDANCE AREAS. 

Section 1113(c)(3) (20 U.S.C. 6313(c)(3)) is amended to read as 

follows: 

‘‘(3) RESERVATION.— 

‘‘(A) IN GENERAL.—A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in 

schools funded under this part to serve— 

‘‘(i) homeless children who are attending any public 

school served by the local educational agency, 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 school programs. 

‘‘(B) RESERVATION OF FUNDS.—Notwithstanding the requirements of subsections (b) and (c) of section 1120A, 

funds reserved under subparagraph (A) may be used to 

provide homeless children and youths with services not ordinarily provided to other students under this part, including providing transportation pursuant to section 

722(g)(1)(J)(iii) of such Act. 

‘‘(C) AMOUNT RESERVED.—The amount of funds reserved 

under subparagraph (A)(i) shall be determined by an assessment of the numbers and the needs of homeless children and youths in the local educational agency.’’. 

SEC. 105. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY 

AND SCHOOL IMPROVEMENT; SCHOOL SUPPORT AND 

RECOGNITION. 

Section 1116 (20 U.S.C. 6316) is amended to read as follows: 

‘‘SEC. 1116. SCHOOL IMPROVEMENT. 

‘‘(a) LOCAL REVIEW.— 

‘‘(1) IN GENERAL.—Each local educational agency receiving 

funds under this part shall— 

‘‘(A) use the State academic assessments, including 

measures of student growth, and graduation rates to review, annually, the progress of each school served under 

this part to determine whether the school is meeting the 

performance targets, growth targets, and graduation targets established under section 1111(c)(2); 

‘‘(B) based on the review conducted under subparagraph 

(A), determine whether a school served under this part 

is— 

‘‘(i) in need of improvement as described under section 1111(c)(1)(C)(ii); or 


tjames on DSK6SPTVN1PROD with REPORTS
93 

‘‘(ii) a persistently low-achieving school that meets 

the State parameters established under paragraph (2); 

‘‘(C) publicize and disseminate the results of the local 

annual review described in subparagraph (A) to parents, 

teachers, principals, schools, and the community so that 

the teachers, principals, other staff, and schools can continually refine, in an instructionally useful manner, the 

program of instruction to help all children served under 

this part meet the college and career ready achievement 

standards established under section 1111(b); and 

‘‘(D) use the school improvement indicators established 

under section 1111(c)(1)(D), and may include the multiple 

measures described under section 1111(c)(1)(E), to diagnose school challenges and measure school progress in carrying out the school improvement activities under this section. 

‘‘(2) PERSISTENTLY LOW-ACHIEVING SCHOOLS.—The State educational agency shall establish parameters, consistent with section 1111(c)(1)(C)(i), to assist local educational agencies in 

identifying persistently low-achieving schools within the local 

educational agency that— 

‘‘(A) shall use student achievement on the assessments 

under section 1111(b)(3), including prior year data; 

‘‘(B) shall use student growth data on the assessments 

under section 1111(b)(3), including prior year data; 

‘‘(C) shall use graduation rate data, including prior year 

data; 

‘‘(D) shall include schools with 4-year adjusted cohort 

graduation rates below 60 percent as persistently lowachieving schools; and 

‘‘(E) may use data on the improvement indicators established under section 1111(c)(1)(D) and the multiple measures described under section 1111(c)(1)(E), except that the 

local educational agency may not use such indicators to 

change the schools identified based on the parameters established under subparagraphs (A) through (D). 

‘‘(3) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE; TIME

LIMIT.— 

‘‘(A) IDENTIFICATION.—Before identifying an elementary 

school or a secondary school as a school in need of improvement or a persistently low-achieving school under 

paragraph (1), a local educational agency shall provide the 

school with an opportunity to review the school-level data, 

including academic assessment data, on which the proposed identification is based. 

‘‘(B) EVIDENCE.—If the principal of a school proposed as 

a school in need of improvement or a persistently lowachieving school believes, or a majority of the parents of 

the students enrolled in such school believe, that the proposed identification is in error for statistical or other substantive reasons, the principal may provide supporting evidence to the local educational agency, which shall consider 

that evidence before making a final determination. 

‘‘(C) FINAL DETERMINATION.—Not later than 30 days 

after a local educational agency provides the school with 


tjames on DSK6SPTVN1PROD with REPORTS
94 

the opportunity to review such school-level data, the local 

educational agency shall make public a final determination 

on the status of the school with respect to identification as 

a school in need of improvement or a persistently lowachieving school. 

‘‘(b) SCHOOL IMPROVEMENT.— ‘‘(1) IN GENERAL.—Each school served under this part determined to be a school in need of improvement pursuant to section 1111(c)(1)(C)(ii) or a persistently low-achieving school pursuant to 1111(c)(1)(C)(i), shall form a school improvement team 

described in paragraph (2) to develop and implement a school 

improvement plan described in paragraph (3) to improve educational outcomes for all students. 

‘‘(2) SCHOOL IMPROVEMENT TEAM.— 

‘‘(A) IN GENERAL.—Each school described in paragraph 

(1) shall form a school improvement team, which shall include school leaders, teachers, parents, community members, and specialized instructional support personnel. 

‘‘(B) SCHOOLS IN NEED OF IMPROVEMENT.—Each school 

improvement team for a school in need of improvement 

may include an external partner and representatives of the 

local educational agency and the State educational agency. 

‘‘(C) PERSISTENTLY LOW-ACHIEVING SCHOOLS.—Each 

school improvement team for a persistently low-achieving 

school shall include an external partner and representatives of the local educational agency and the State educational agency. 

‘‘(3) SCHOOL IMPROVEMENT PLAN.— ‘‘(A) IN GENERAL.—A school improvement team shall develop, implement, and make publicly available a school improvement plan that uses information available under the 

accountability and school improvement system established 

under section 1111(c), data available under the early 

warning indicator system established under subsection 

(c)(5), and other relevant data to identify— 

‘‘(i) each area in which the school needs support for 

improvement; 

‘‘(ii) the type of support required; 

‘‘(iii) how the school plans to use comprehensive, evidence-based strategies to address such needs; 

‘‘(iv) how the school will measure progress in addressing such needs using the goals and targets and 

improvement indicators established under paragraphs 

(2) and (1)(D) of section 1111(c), respectively, and 

identify which of the goals and targets are not currently being met by the school; and 

‘‘(v) how the school will review its progress and 

make adjustments and corrections to ensure continuous improvement. 

‘‘(B) PLANNING PERIOD.—The school improvement team 

may use a planning period, which shall not be longer than 

one school year to develop and prepare to implement the 

school improvement plan. 

‘‘(C) PLAN REQUIREMENTS.—Each school improvement 

plan shall describe the following: 


tjames on DSK6SPTVN1PROD with REPORTS
95 

‘‘(i) PLANNING AND PREPARATION.—The activities 

during the planning period, including— 

‘‘(I) the preparation activities conducted to effectively implement the budgeting, staffing, curriculum, and instruction changes described in the 

plan; and 

‘‘(II) how the school improvement team engaged 

parents and community organizations. 

‘‘(ii) TARGETS.—The performance, growth, and graduation targets that contributed to the school’s status 

as a school in need of improvement or persistently 

low-achieving school, and the school challenges identified by the school improvement indicators under section 1111(c)(1)(D). 

‘‘(iii) EVIDENCE-BASED, SCHOOL IMPROVEMENT STRATEGIES.—Evidence-based, school improvement strategies to address the factors and challenges described in 

clause (ii), to improve instruction, including in all core 

academic subjects, to improve the achievement of all 

students and address the needs of students identified 

at the catch-up level of achievement. 

‘‘(iv) NEEDS AND CAPACITY ANALYSIS.—A description 

and analysis of the school’s ability and the resources 

necessary to implement the evidence-based, school improvement strategies identified under clause (iii), including an analysis of— 

‘‘(I) staffing resources, such as the number, experience, training level, effectiveness, responsibilities, and stability of existing administrative, instructional, and non-instructional staff; 

‘‘(II) budget resources, including how Federal, 

State, and local funds are being spent for instruction and operations to determine how existing resources can be aligned and used to support improvement; 

‘‘(III) the school curriculum; 

‘‘(IV) the use of time, such as the school’s schedule and use of additional learning time; and 

‘‘(V) any additional resources and staff necessary to effectively implement the school improvement activities identified in the school improvement plan. 

‘‘(v) IDENTIFYING ROLES.—The roles and responsibilities of the State educational agency, the local educational agency, the school and, if applicable, the external partner in the school improvement activities, 

including providing interventions, support, and resources necessary to implement improvements. 

‘‘(vi) PLAN FOR EVALUATION.—The plan for continuous evaluation of the evidence-based, school improvement strategies, including implementation of and fidelity to the school improvement plan, that includes at 

least quarterly reviews of the effectiveness of such activities. 


tjames on DSK6SPTVN1PROD with REPORTS
96 

‘‘(D) ADDITIONAL REQUIREMENTS FOR PERSISTENTLY LOW- ACHIEVING SCHOOLS.—For a persistently-low achieving 

school, the school improvement plan shall, in addition to 

the requirements described in subparagraph (B), describe 

how the school will— 

‘‘(i) address school-wide factors to improve student 

achievement, including— 

‘‘(I) establishing high expectations for all students, which at a minimum, align with the 

achievement standards and growth standards 

under section 1111(b)(4); 

‘‘(II) improving school climate, including student 

attendance and school discipline, through the use 

of school-wide positive behavioral supports and 

interventions and other evidence based approaches to improving school climate; 

‘‘(III) ensuring that the staff charged with implementing the school improvement plan are engaged in the plan and the school turnaround effort; 

‘‘(IV) establishing clear— 

‘‘(aa) benchmarks for implementation of the 

plan; and 

‘‘(bb) targets for improvement on the indicators under section 1111(c)(1)(D); 

‘‘(ii) organize the school to improve teaching and 

learning, including through— 

‘‘(I) strategic use of time, such as— 

‘‘(aa) establishing common planning time for 

teachers and interdisciplinary teams who 

share common groups of students; 

‘‘(bb) redesigning the school calendar year 

or day, such as through block scheduling, 

summer learning programs, or increasing the 

number of hours or days, in order to create 

additional learning time; or 

‘‘(cc) creating a flexible school period to address specific student academic needs and interests such as credit recovery, electives, enrichment activities, or service learning; and 

‘‘(II) alignment of resources to improvement 

goals, such as through ensuring that students in 

transition grades are taught by teachers prepared 

to meet their specific learning needs; 

‘‘(iii) increase teacher and school leader effectiveness, as described in section 2112(b)(1), including 

through— 

‘‘(I) replacing the principal, or demonstrating 

the principal has the skills, capacity, and record of 

success to significantly improve student achievement and lead a school turnaround; 

‘‘(II) screening all existing staff at the school, 

with the leadership team, through a process that 

ensures a rigorous and fair review of their applications that shall include— 


tjames on DSK6SPTVN1PROD with REPORTS
97 

‘‘(aa) the results of teacher and principal 

evaluations and determinations of effectiveness, as described in section 2112(b)(1); and 

‘‘(bb) a review of individual staff member’s 

engagement in the school improvement for the 

school; 

‘‘(III) improving the recruitment and retention 

of effective teachers and principals to work in the 

school; 

‘‘(IV) professional development activities that respond to student and school-wide needs aligned 

with the school improvement plan, such as— 

‘‘(aa) training teachers, leaders, and administrators together with staff from schools 

making achievement goals and performance 

targets under the accountability system under 

section 1111(c) that serve similar populations 

and in such schools; 

‘‘(bb) establishing peer learning and coaching among teachers; or 

‘‘(cc) facilitating collaboration, including 

through professional communities across subject area and interdisciplinary groups and 

similar schools; 

‘‘(V) appropriately identifying teachers for each 

grade and course; and 

‘‘(VI) the development of effective leadership 

structures, supports, and clear decision making 

processes, such as through developing distributive 

leadership and leadership teams; 

‘‘(iv) improve curriculum and instruction, including 

through— 

‘‘(I) demonstrating the relevance of the curriculum and learning for all students, including 

instruction in all core academic subjects, and may 

include the use of online course-work as long as 

such course-work meets standards of quality and 

best practices for online education; 

‘‘(II) increasing access to rigorous and advanced 

course-work, including adoption and implementation of a college- and career-ready curriculum, and 

evidence-based, engaging instructional materials 

aligned with such a curriculum, for all students; 

‘‘(III) increasing access to contextualized learning opportunities aligned with readiness for postsecondary education and the workforce, such as 

providing— 

‘‘(aa) work-based, project-based, and servicelearning opportunities; or 

‘‘(bb) a high-quality, college preparatory 

curriculum in the context of a rigorous career 

and technical education core; 

‘‘(IV) regularly collecting and using data to inform instruction, such as— 

‘‘(aa) through use of formative assessments; 


tjames on DSK6SPTVN1PROD with REPORTS
98 

‘‘(bb) creating and using common grading 

rubrics; or 

‘‘(cc) identifying effective instructional approaches to meet student needs; and 

‘‘(V) emphasizing core skills instruction, such as 

literacy, across content areas; 

‘‘(v) provide students with academic and social support to address individual student learning needs, including through— 

‘‘(I) ensuring access to services and expertise of 

specialized instructional support personnel; 

‘‘(II) supporting students at the catch-up level of 

achievement who need intensive intervention; 

‘‘(III) increasing personalization of the school experience through learning structures that facilitate the development of student and staff relationships such as— 

‘‘(aa) implementing grade 9 academies or 

thematic smaller learning communities; 

‘‘(bb) establishing teams of teachers who 

work exclusively with small groups of students; or 

‘‘(cc) creating advisor positions to provide 

students with study, organizational, and social supports; 

‘‘(IV) offering extended-learning, credit recovery, 

mentoring, or tutoring options of sufficient scale to 

meet student needs; 

‘‘(V) providing evidence-based, accelerated learning for students with academic skill levels below 

grade level; 

‘‘(VI) coordinating and increasing access to integrated services, such as providing special instructional support personnel; 

‘‘(VII) providing transitional support between 

grade-spans, including postsecondary planning; 

and 

‘‘(VIII) meeting the diverse learning needs of all 

students through strategies such as multi-tier system of supports and universal design for learning, 

as described in section 5429(b)(21); 

‘‘(IX) engage families and community partners, 

including community-based organizations, organizations representing underserved populations, Indian tribes (as appropriate), organizations assisting parent involvement, institutions of higher education, and businesses, in school improvement activities through evidence-based strategies; and 

‘‘(X) be provided control over governance policies, including flexibility regarding staffing and 

compensation, budgeting, student credit attainment, or use of school time, that support the implementation of effective school improvement activities and educational options. 


tjames on DSK6SPTVN1PROD with REPORTS
99 

‘‘(E) SUBMISSION AND APPROVAL.—The school improvement team shall submit the school improvement plan to 

the local educational agency or the State educational agency, as determined by the State educational agency based 

on the local educational agency’s ability to effectively monitor the school improvement activities. Upon receiving the 

plan, the local educational agency or the State educational 

agency, as appropriate, shall— 

‘‘(i) establish a peer review process to assist with review of the school improvement plan; and 

‘‘(ii) promptly review the plan, work with the school 

improvement team as necessary, and approve the plan 

if the plan meets the requirements of this paragraph. 

‘‘(F) REVISION OF PLAN.—A school improvement team 

may revise the school improvement plan as additional information and data is available. 

‘‘(G) IMPLEMENTATION.—A school with the support and 

assistance of the local educational agency shall implement 

the school improvement plan expeditiously, but not later 

than the beginning of the next full school year after identification for improvement. 

‘‘(4) EVALUATION OF SCHOOL IMPROVEMENT.— 

‘‘(A) IN GENERAL.— 

‘‘(i) REVIEW.—The State educational agency or local 

educational agency, as determined by the State in accordance with paragraph (3)(D) shall, annually, review 

data with respect to each school in need of improvement and each persistently low-achieving school to set 

clear benchmarks for progress, to guide adjustments 

and corrections, to evaluate whether the school supports and interventions for the school are effective and 

the school is meeting the targets for improvement established under its school improvement plan, and to 

specify what actions ensue for schools not making 

progress. 

‘‘(ii) DATA.—In carrying out the annual review under 

clause (i), the school, the local educational agency, or 

State educational agency shall measure progress on— 

‘‘(I) student achievement, student growth, and 

graduation rates against the goals and targets established under section 1111(c)(2); and 

‘‘(II) improvement indicators as established 

under section 1111(c)(1)(D). 

‘‘(B) SCHOOLS IN NEED OF IMPROVEMENT.—If, after 3 

years of implementing its school improvement plan, a 

school in need of improvement does not meet the goals and 

targets under section 1111(c)(2) that were identified under 

the school improvement plan as not being met by the 

school and the improvement indicators established under 

section 1111(c)(1)(D), then— 

‘‘(i) the local educational agency shall evaluate 

school performance and other data, and provide intensive assistance to that school in order to improve the 

effectiveness of the interventions; and 


tjames on DSK6SPTVN1PROD with REPORTS
100 

‘‘(ii) the State educational agency or the local educational agency, as determined by the State, shall determine whether school shall partner with an external 

partner— 

‘‘(I) to revise the school improvement plan; and 

‘‘(II) to improve, and as appropriate, revise, 

school improvement strategies that meet the requirements of paragraph (3)(B)(iii). 

‘‘(C) PERSISTENTLY LOW-ACHIEVING SCHOOLS.—If, after 3 

years of implementing its school improvement plan, a persistently low-achieving school does not demonstrate 

progress on the goals and targets under section 1111(c)(2) 

that were identified under the school improvement plan as 

not being met by the school or the improvement indicators 

established under section 1111(c)(1)(D), then— 

‘‘(i) the local educational agency, in collaboration 

with the State educational agency, shall determine 

whether to implement school closure, replacement, or 

State take-over of such school; 

‘‘(ii) the local educational agency, and as appropriate 

the State educational agency, shall develop and implement a plan to assist with the transition of the school 

under clause (i) that— 

‘‘(I) is developed in consultation with parents 

and the community; 

‘‘(II) addresses the needs of the students at the 

school by considering strategies such as— 

‘‘(aa) opening a new school; 

‘‘(bb) graduating out current students and 

closing the school in stages; and 

‘‘(cc) enrolling the students who attended 

the school in other schools in the local educational agency that are higher achieving, 

provided the other schools are within reasonable proximity to the closed school and ensures receiving schools have the capacity to 

enroll incoming students; and 

‘‘(III) provides information about high-quality 

educational options and transition and support 

services to students who attended that school and 

their parents. 

‘‘(D) PERSISTENTLY LOW ACHIEVING SCHOOL.—If, after 5 

years of implementing its school improvement plan, a persistently low achieving school does not demonstrate 

progress on the goals and targets under section 1111(c)(2) 

that were identified under the school improvement plan, 

then the local educational agency, in collaboration with the 

State educational agency, shall determine whether to implement school closure, replacement, or State take-over of 

such school as required under subparagraph ‘‘(C). 

‘‘(c) LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES.—A local 

educational agency served by this part, in supporting the schools 

identified as a school in need of improvement or a persistently lowachieving school served by the agency, shall— 


tjames on DSK6SPTVN1PROD with REPORTS
101 

‘‘(1) address local educational agency-wide factors to improve 

student achievement by— 

‘‘(A) supporting the use of data to improve teaching and 

learning through— 

‘‘(i) improving longitudinal data systems; 

‘‘(ii) regularly analyzing and disseminating usable 

data to educators, parents, and students; 

‘‘(iii) building the data and assessment literacy of 

teachers and principals; and 

‘‘(iv) evaluating at kindergarten entry the kindergarten readiness of children and addressing the educational and development needs determined by such 

evaluation; 

‘‘(B) addressing school transition needs of the local educational agency by— 

‘‘(i) using kindergarten readiness data to consider 

improving access to high-quality early education opportunities; and 

‘‘(ii) providing targeted research-based interventions 

to middle schools that feed into high schools identified 

for school improvement under this section; 

‘‘(C) developing human capital systems that ensure there 

is a sufficient pool of effective teachers and school leaders 

to work in schools served by the local educational agency; 

‘‘(D) developing support for school improvement plans 

among key stakeholders such as parents and families, 

community groups representing underserved populations, 

Indian tribes, educators, and teachers; 

‘‘(E) carrying out administrative duties under this section, including evaluation for school improvement and 

technical assistance for schools; and 

‘‘(F) coordinating activities under this section with other 

relevant State and local agencies, as appropriate; 

‘‘(2) address time and resources factors to improve student 

achievement by— 

‘‘(A) ensuring the local educational agency budget calendar is aligned with school staff and budgeting needs; 

and 

‘‘(B) targeting resources and support to those schools 

identified as persistently low-performing or as in need of 

improvement; 

‘‘(3) address teacher and school leader effectiveness by supporting professional development activities aligned to school 

improvement activities; 

‘‘(4) address curriculum and instruction factors to improve 

student achievement by— 

‘‘(A) ensuring curriculum alignment with the State’s 

early learning standards and postsecondary education programs; 

‘‘(B) providing academically rigorous education options 

such as— 

‘‘(i) effective dropout prevention, credit and dropout 

recovery and recuperative education programs for disconnected youth and students who are not making sufficient progress to graduate high school in the standVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00105 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
102 

ard number of years or who have dropped out of high 

school; 

‘‘(ii) providing students with postsecondary learning 

opportunities, such as through access to a relevant 

curriculum or course of study that enables a student 

to earn a secondary school diploma and— 

‘‘(I) an associate’s degree; or 

‘‘(II) not more than 2 years of transferable credit 

toward a postsecondary degree or credential; 

‘‘(iii) integrating rigorous academic education with 

career training, including training that leads to postsecondary credentials for students; 

‘‘(iv) increasing access to Advanced Placement or 

International Baccalaureate courses and examinations; 

or 

‘‘(v) developing and utilizing innovative, high quality 

distance learning strategies to improve student academic achievement; and 

‘‘(C) considering how technology can be used to support 

school improvement activities; 

‘‘(5) address student support factors to improve student 

achievement by— 

‘‘(A) establishing an early warning indicator system to 

identify students who are at risk of dropping out of high 

school and to guide preventive and recuperative school improvement strategies, including— 

‘‘(i) identifying and analyzing the academic risk factors that most reliably predict dropouts by using longitudinal data of past cohorts of students; 

‘‘(ii) identifying specific indicators of student 

progress and performance, such as attendance, academic performance in core courses, and credit accumulation, to guide decision making; 

‘‘(iii) identifying or developing a mechanism for regularly collecting and analyzing data about the impact 

of interventions on the indicators of student progress 

and performance; and 

‘‘(iv) analyzing academic indicators to determine 

whether students are on track to graduate secondary 

school in the standard numbers of years; and 

‘‘(B) identifying and implementing strategies for pairing 

academic support with integrated student services and 

case-managed interventions for students requiring intensive supports which may include partnerships with other 

external partners; 

‘‘(6) promote family outreach and engagement in school improvement activities to improve student achievement; 

‘‘(7) for each school identified for school improvement, ensure 

the provision of technical assistance as the school develops and 

implements the school improvement plan throughout the plan’s 

duration; and 

‘‘(8) identify school improvement strategies that are consistently improving student outcomes and disseminate those strategies so that all schools can implement them. 


tjames on DSK6SPTVN1PROD with REPORTS
103 

‘‘(d) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—A State 

educational agency served by this part, in supporting schools identified as a school in need of improvement or a persistently lowachieving school and the local educational agencies serving such 

schools, shall— 

‘‘(1) assess and address local capacity constraints to ensure 

that its local educational agencies can meet the requirements 

of this section; 

‘‘(2) provide support and technical assistance, including assistance to school leaders, teachers, and other staff, to assist 

local educational agencies and schools in using data to support 

school improvement and in addressing the improvement indicators described in section 1111(c)(1)(D) and multiple measures 

described in section 1111(c)(1)(E), where applicable; 

‘‘(3) identify school improvement strategies that are consistently improving student outcomes and disseminate those strategies so that all schools can implement them; 

‘‘(4) target resources and support to those schools in the 

State that are identified as a school in need of improvement or 

a persistently low-achieving school and to local educational 

agencies serving such schools; 

‘‘(5) leverage resources from other funding sources, such as 

school improvement funds, technology funds, and professional 

development funds to support school improvement activities; 

‘‘(6) provide a statewide system of support, including regional 

support services, to improve teaching, learning, and student 

outcomes; 

‘‘(7) assist local educational agencies in developing early 

warning indicator systems; 

‘‘(8) with respect to schools that will work with external partners to improve student achievement— 

‘‘(A) develop and apply objective criteria to potential external partners that are based on a demonstrated record of 

effectiveness in school improvement; 

‘‘(B) maintain an updated list of approved external partners across the State; 

‘‘(C) develop, implement, and publicly report on standards and techniques for monitoring the quality and effectiveness of the services offered by approved external partners, and for withdrawing approval from external partners 

that fail to improve persistently low-achieving schools; and 

‘‘(D) may identify external partners as approved, consistent with the requirements under paragraph (7), who 

agree to provide services on the basis of receiving payments only when student achievement has increased at an 

appropriate level as determined by the State educational 

agency and school improvement team under subsection 

(b)(2); and 

‘‘(9) carry out administrative duties under this section, including providing monitoring and technical assistance to local 

educational agencies and schools. 

‘‘(e) RULES OF CONSTRUCTION.—Nothing in this section shall be 

construed— 

‘‘(1) to alter or otherwise affect the rights, remedies, and procedures afforded school or local educational agency employees 


tjames on DSK6SPTVN1PROD with REPORTS
104 

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; 

‘‘(2) to require a child to participate in an early learning program; or 

‘‘(3) to deny entry to kindergarten for any individual if the 

individual is legally eligible, as defined by State or local law. 

‘‘(f) DEFINITION.—In this section, the term ‘external partner’ 

means an entity— 

‘‘(1) that is an organization such as a nonprofit organization, 

community-based organization, local education fund, service organization, educational service agency, or institution of higher 

education; and 

‘‘(2) that has demonstrated expertise, effectiveness, and a 

record of success in providing evidence-based strategies and 

targeted support such as data analysis, professional development, or provision of nonacademic support and integrated student services to local educational agencies, schools, or students 

that leads to improved teaching, learning, and outcomes for 

students.’’. 

SEC. 106. PARENTAL INVOLVEMENT. 

(a) PARENTAL INVOLVEMENT.—Section 1118 (20 U.S.C. 6318) is 

amended— 

(1) by redesignating subsections (a) through (h) as subsections (b) through (i), respectively; and 

(2) by inserting before subsection (b), as redesignated by 

paragraph (1), the following: 

‘‘(a) IN GENERAL.—Each local educational agency and each school 

receiving funds under this part shall develop policies and practices 

for family engagement in education that meet the following principles and standards for family-school partnerships: 

‘‘(1) Welcome all families to be active participants in the life 

of the school, so that they feel valued and connected to each 

other, school staff, and student learning. 

‘‘(2) Communicate effectively by ensuring regular two-way, 

meaningful communication between family members and local 

educational agency and school staff in a manner, language, and 

with technology that family members can understand and access. 

‘‘(3) Support student success by fostering continuous collaboration between family members and local educational agency 

and school staff to support student learning and healthy student development at school and at home. 

‘‘(4) Speak up for every child and empower family members 

to be advocates for all students within the school. 

‘‘(5) Ensure that family members, local educational agencies, 

and school staff are equal partners in family engagement in 

education decisionmaking. 

‘‘(6) Collaborate with community organizations and groups to 

turn the school into a hub of community life. 

‘‘(7) Create a continuum of family engagement in education 

in student learning and development from birth to young 

adulthood. 


tjames on DSK6SPTVN1PROD with REPORTS
105 

‘‘(8) Train and support superintendents, principals, teachers, 

and specialized instructional support personnel to fully engage 

families in the education of their children.’’. 

(b) WRITTEN POLICY.—Section 1118(b)(2), as redesignated by subsection (a), is amended— 

(1) in subparagraph (C), by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’; 

(2) in subparagraph (E), by striking ‘‘and’’ after the semicolon; 

(3) in subparagraph (F), by striking the period at the end 

and inserting a semicolon; and 

(4) by adding at the end the following: 

‘‘(G) participate in evaluations of the effectiveness of 

family engagement in education strategies and policies; 

and 

‘‘(H) participate in developing recommendations for creating a positive school climate and safe and healthy 

schools.’’. 

(c) RESERVATION.—Section 1118(b)(3)(A), as redesignated by subsection (a), is amended to read as follows: 

‘‘(A) IN GENERAL.—Each local educational agency shall 

reserve not less than 2 percent of its allocation under subpart 2 to carry out this section, except that this subparagraph shall not apply if 2 percent is such agency’s allocation under subpart 2 for the fiscal year for which the determination is made is $10,000 or less.’’. 

(d) DISTRIBUTION.—Section 1118(b)(3)(C), as redesignated by subsection (a), is amended to read as follows: 

‘‘(C) DISTRIBUTION.—Not more than 20 percent of the 

funds reserved under subparagraph (A) shall be available 

for local educational agency programming and technical 

assistance to schools served under this part.’’. 

(e) RESERVED FUNDS.—Section 1118(b)(3), as redesignated by 

subsection (a), is amended— 

(1) by redesignating subparagraphs (B) and (c) as subparagraphs (C) and (D), respectively; and 

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

‘‘(B) USE OF FUNDS.—Funds reserved under subparagraph (A) may be used for the following: 

‘‘(i) Increasing capacity through establishment of a 

dedicated office or dedicated office or dedicated personnel within the local educational agency or at the 

school level for family engagement in education. 

‘‘(ii) Supporting schools and nonprofit organizations 

in providing professional development on family engagement in education for school staff, parent leadership training, family literacy and numeracy programs, 

home visitation programs, family volunteerism programs, and other innovative programs that meaningfully engage families. 

‘‘(iii) Providing technical assistance and training to 

schools on the implementation and assessment of family engagement in education policies and practices. 

‘‘(iv) Providing additional support to schools that 

have been identified for improvement under section 


tjames on DSK6SPTVN1PROD with REPORTS
106 

1116(b) to assist in the implementation of family engagement in education coordinators. 

‘‘(v) Partnering with the Statewide Family Engagement Center and local community-based organizations 

to identify community resources, services, and supports to remove economic obstacles to family engagement in education by meeting families’ needs. 

‘‘(vi) Supporting schools and eligible entities in the 

development and implementation of research-based 

practices and programs that emphasize the importance of family engagement in academic success and 

positive development by addressing factors such as— 

‘‘(I) successful transitions from early learning to 

kindergarten through grade 12 settings; 

‘‘(II) improved understanding of and shared responsibility for student success; 

‘‘(III) improved understanding and use of student and school data; 

‘‘(IV) open, effective communication between 

schools and families; 

‘‘(V) early warning indicators that a student is 

at risk of not graduating on time; 

‘‘(VI) improved understanding of State and local 

accountability systems, academic standards and 

student assessments; 

‘‘(VII) parent and community advocacy to increase parent participation; 

‘‘(VIII) improved understanding of the parents’ 

role in academic, social, and financial preparation 

for postsecondary education, including career and 

technical education. 

‘‘(vii) Assisting schools in the development, implementation, and assessment of family engagement in 

education plans. 

‘‘(viii) Monitoring and evaluating the family engagement in education in education policies and practices 

funded under this section. 

‘‘(ix) Supporting other activities approved in the 

local educational agency’s plan for improving family 

engagement in education.’’. 

(f) SCHOOL PARENTAL INVOLVEMENT POLICY.—Section 1118(c)(1), 

as redesignated by subsection (a), is amended in the first sentence 

by striking ‘‘subsections (c) through (f)’’ and inserting ‘‘subsections 

(d) through (g)’’. 

(g) SHARED RESPONSIBILITY FOR HIGH STUDENT ACHIEVEMENT.— 

Section 1118(e), as redesignated by subsection (a), is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’; and 

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

‘‘(1) describe the school’s responsibility to— 

‘‘(A) provide high-quality curriculum and instruction in a 

supportive and effective learning environment that enables 

the children served under this part to meet the State’s student academic achievement standards, and the ways in 


tjames on DSK6SPTVN1PROD with REPORTS
107 

which parents and families will support their children’s 

learning, such as— 

‘‘(i) monitoring attendance and homework completion; 

‘‘(ii) volunteering in their child’s classroom or school; 

and 

‘‘(iii) participating, as appropriate, in decisions relating to the education of their children and positive use 

of extracurricular time; and 

‘‘(B) engage families in the development of recommendations for student attendance, expectations, behavior, and 

school safety, including the development of reasonable disciplinary policies and interventions, such as the implementation of school-wide positive behavior interventions and 

supports and the phase-out of out-of-school suspension and 

expulsion and to address bullying and harassment; and’’. 

SEC. 107. COMPARABLE ALLOCATION OF EXPENDITURES. 

(a) AMENDMENT.—Section 1120A(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6321(c)) is amended to 

read as follows: 

‘‘(c) COMPARABLE ALLOCATION OF EXPENDITURES.— ‘‘(1) IN GENERAL.— ‘‘(A) COMPARABLE FUNDING.—Not later than 5 full school 

years after the date of enactment the Student Success Act, 

except as provided in paragraphs (5), (6), and (7), a local 

educational agency may receive funds under this part for 

a fiscal year only if, for the preceding fiscal year, the combined expenditure per pupil of State and local funds, including personnel and nonpersonnel costs, in each school 

served under this part was at least comparable to the average combined expenditure per pupil of State and local 

funds, including personnel and nonpersonnel costs, across 

all schools served by the local educational agency that are 

not receiving funds under this part. 

‘‘(B) COMPARABLE FUNDING AMONG TITLE I SCHOOLS.—In 

any case where all of the schools served by a local educational agency receive support under this part, such agency may receive funds under this part only if, for the preceding fiscal year, the combined expenditure per pupil of 

State and local funds in each higher poverty school is at 

least comparable to the average combined expenditure per 

pupil of State and local funds across all lower poverty 

schools. 

‘‘(2) EQUIVALENCE.—A local educational agency shall be considered to have met the requirements of paragraph (1), and to 

be eligible to receive funds under this part, if— 

‘‘(A) such agency has filed annually with the State educational agency a school-by-school listing of per-pupil expenditures of State and local funds, as described in paragraph (1), for each school served by the agency for the preceding fiscal year; and 

‘‘(B) the listing described in subparagraph (A) demonstrates comparable allocation of per-pupil expenditures 

across schools as required by subparagraph (A) or (B) of 

paragraph (1). 


tjames on DSK6SPTVN1PROD with REPORTS
108 

‘‘(3) BASIS.—A local educational agency may meet the requirements of paragraphs (1) or (2) across all schools or among 

schools serving a particular grade span, if the local educational 

agency compares schools within not more than three grade 

spans. 

‘‘(4) REQUIREMENTS.— 

‘‘(A) REQUIREMENTS OF THE SECRETARY.—The Secretary 

shall issue regulations concerning the responsibilities of 

State educational agencies and local educational agencies 

for meeting the requirements of this subsection. 

‘‘(B) REQUIREMENTS OF STATES.—Each State educational 

agency receiving funds under this part shall— 

‘‘(i) create and distribute to local educational agencies, and make available to the public, regulations on 

the responsibilities of local educational agencies for 

meeting the requirements of this subsection; and 

‘‘(ii) submit a plan to the Secretary, required under 

section 1111(d)(1)(B). 

‘‘(C) REQUIREMENTS OF LOCAL EDUCATIONAL AGENCIES.— 

Not later than 18 months after the date of enactment of 

the Student Success Act, each local educational agency receiving funds under this part shall develop and submit to 

the State educational agency a plan, which shall be made 

available to the public, that will ensure comparable allocation of resources as described in paragraph (1) not later 

than 5 full school years after the date of enactment of the 

Student Success Act, including information on— 

‘‘(i) a timeline and annual benchmarks for making 

progress toward achieving comparable allocation of resources; and 

‘‘(ii) how the local educational agency is aligning 

school improvement efforts described under section 

1116(b) and (c), efforts to improve educator supports 

and working conditions described in section 2112(b)(3), 

and efforts to improve the equitable distribution of 

teachers and principals described in section 2112(b)(5), 

with efforts to improve the comparable allocation of resources as described in this subsection; 

‘‘(5) INAPPLICABILITY.—This subsection shall not apply to a 

local educational agency that does not have more than one 

building for each grade span. 

‘‘(6) COMPLIANCE.—For the purpose of determining compliance with paragraph (1), a local educational agency— 

‘‘(A) shall exclude State and local funds expended for the 

excess costs of providing English language instruction for 

Limited English Proficient students as determined by the 

local educational agency; 

‘‘(B) shall exclude State and local funds expended for the 

excess costs of providing services to children with disabilities as determined by the local educational agency; 

‘‘(C) may exclude capital expenditures; and 

‘‘(D) may exclude supplemental State or local funds expended in any school attendance area or school for programs that meet the intent and purpose of this part. 


tjames on DSK6SPTVN1PROD with REPORTS
109 

‘‘(7) EXCLUSIONS.—A local educational agency need not include unpredictable or significant changes in student enrollment or personnel assignments that occur after the beginning 

of a school year in determining the comparable allocation of expenditures under this subsection. 

‘‘(8) TRANSITIONAL COMPLIANCE.—Beginning on the date of 

enactment of Student Success Act, for no more than 5 full 

school years a local educational agency shall be deemed to be 

in compliance with paragraph (1) and paragraph (4)(C)(i) for 

any school year, if the teachers hired to fill vacancies for individual schools served under this part, and for the schools not 

served under this part, improve the comparable allocation of 

combined State and local per pupil expenditures compared to 

the preceding school year. 

‘‘(9) WAIVER.—A local educational agency may apply to the 

Secretary to waive the requirement of paragraph (1), for not 

more than 1 year at a time, if the Secretary determines that 

the failure to comply with such requirement is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the agency’s financial resources. 

‘‘(10) RULE OF CONSTRUCTION.—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. 

‘‘(11) NO FORCED TRANSFERS.—Nothing in this subsection 

shall be construed to require a local educational agency to 

transfer school personnel in order to comply with the requirements of this subsection.’’. 

SEC. 108. COORDINATION REQUIREMENTS. 

Section 1120B of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 6321(c)) is amended to read as follows: 

‘‘SEC. 1120B. COORDINATION REQUIREMENTS. 

‘‘(a) IN GENERAL.—Each local educational agency receiving assistance under this part shall— 

‘‘(1) coordinate, as feasible, with early childhood programs to 

carry out the activities described in subsection (b); and 

‘‘(2) develop agreements with Head Start agencies to carry 

out the activities described in subsection (b). 

‘‘(b) ACTIVITIES.—The activities referred to in subsection (a) are 

activities that increase coordination between the local educational 

agency and a Head Start agency and, if feasible, other entities carrying out early childhood development programs serving children 

who will attend the schools of the local educational agency, including— 

‘‘(1) developing and implementing a systematic procedure for 

receiving records regarding such children, transferred with parental consent from a Head Start program or, where applicable, another early childhood development program; 

‘‘(2) establishing channels of communication between school 

staff and in such Head Start agencies or other entities carrying 


tjames on DSK6SPTVN1PROD with REPORTS
110 

out early their counterparts (including teachers, social workers, 

and health staff) childhood development programs, as appropriate, to facilitate coordination of programs; 

‘‘(3) conducting meetings involving parents, kindergarten or 

elementary school teachers, and Head Start teachers or, if appropriate, teachers from other early childhood development 

programs, to discuss the developmental and other needs of individual children; 

‘‘(4) organizing and participating in joint transition-related 

training of school staff, Head Start program staff, and, where 

appropriate, other early childhood development program staff; 

and 

‘‘(5) linking the educational services provided by such local 

educational agency with the services provided by local Head 

Start agencies. 

‘‘(c) COORDINATION OF REGULATIONS.—The Secretary shall work 

with the Secretary of Health and Human Services to coordinate 

regulations promulgated under this part with regulations promulgated under the Head Start Act.’’. 

SEC. 109. RESERVATION OF FUNDS FOR THE OUTLYING AREAS AND 

BUREAU OF INDIAN EDUCATION SCHOOLS. 

Section 1121(a) of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 6331(a)) is amended to read as follows: 

‘‘(a) RESERVATION OF FUNDS.— 

‘‘(1) IN GENERAL.—From the amount appropriated for payments to States for any fiscal year under section 1002(a) and 

1125A(f), the Secretary shall reserve— 

‘‘(A) for each fiscal year until the fiscal year described in 

paragraph (2), a total of 1 percent to provide assistance 

to— 

‘‘(i) the outlying areas in the amount determined in 

accordance with subsection (b); and 

‘‘(ii) the Secretary of the Interior in the amount necessary to make payments pursuant to subsection (d); 

and 

‘‘(B) for the fiscal year described in paragraph (2) and 

each succeeding fiscal year— 

‘‘(i) 0.50 percent to provide assistance to the outlying 

areas in the amount determined in accordance with 

subsection (b); and 

‘‘(ii) 0.75 percent to provide assistance to the Secretary of the Interior in the amount necessary to make 

payments pursuant to subsection (d). 

‘‘(2) DESCRIPTION OF FISCAL YEAR.—A fiscal year described in 

this paragraph is a fiscal year for which the total amount allocated under this part for each State, after reserving funds in 

accordance with paragraph (1)(B), would be an amount that is 

not less than the total amount allocated under this part for 

such State for fiscal year 2014.’’. 

SEC. 110. SUPPORT FOR HIGH-QUALITY ASSESSMENTS. 

(a) AMENDMENT.—Part A of title I (20 U.S.C. 6311 et seq.) is 

amended by adding at the end the following new subpart: 


tjames on DSK6SPTVN1PROD with REPORTS
111 

‘‘Subpart 3—Support for High-Quality 

Assessments 

‘‘SEC. 1131. SUPPORTING COLLEGE AND CAREER READY ASSESSMENTS. 

‘‘From funds made available to carry out this subpart, the Secretary shall make grants to States to enable a State— 

‘‘(1) to pay the costs of the development of college and career 

ready assessments and standards required by section 1111(b), 

including— 

‘‘(A) the costs of working in voluntary partnerships with 

other States, where applicable; 

‘‘(B) developing high-quality science assessments in accordance with section 1111(b)(3); 

‘‘(C) if a State uses alternate assessments aligned with 

alternate achievement standards for students with the 

most significant cognitive disabilities, improving the quality and rigor of such assessments to meet the requirements 

of section 1111(b)(3)(E); 

‘‘(D) in accordance with section 1111(b)(3)(D), developing 

native language assessments; and 

‘‘(E) improving assessments of English language proficiency necessary to comply with section 1111(b)(3)(F); 

and 

‘‘(2) if a State has developed the assessments and standards 

required by section 1111(b), to administer those assessments or 

to carry out other activities described in this subpart and other 

activities related to ensuring that the State’s schools and local 

educational agencies are held accountable for results, such 

as— 

‘‘(A) developing college and career ready academic content and student achievement standards and aligned assessments that meet the requirements of section 1111(b)(3) 

in academic subjects for which standards and assessments 

are not required by section 1111(b); 

‘‘(B) ensuring the continued validity and reliability of 

State assessments, including through evaluating and addressing the predictability of assessment components; 

‘‘(C) refining State assessments to ensure their continued alignment with the State’s college and career ready 

content standards and to improve the alignment of curricula and instructional materials; 

‘‘(D) developing and implementing formative assessments aligned to the college and career ready standards to 

support teaching and learning; 

‘‘(E) strengthening the capacity of local educational 

agencies and schools to provide all students the opportunity to increase educational achievement, including carrying out professional development activities to support assessment literacy and help teachers and school leaders effectively use data to improve instruction; 

‘‘(F) supporting the accessibility of State assessment systems for all students, including students with disabilities 

and English learners, by incorporating principles of uniVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00115 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
112 

versal design for learning, as described in section 

5429(b)(21); 

‘‘(G) expanding the range of accommodations available to 

English learners and students with disabilities, including 

professional development activities to increase effective 

use of accommodations; and 

‘‘(H) improving the dissemination of information on student achievement and school performance to parents and 

the community. 

‘‘SEC. 1132. GRANTS FOR HIGH-QUALITY ASSESSMENTS. 

‘‘(a) GRANT PROGRAM AUTHORIZED.—From funds made available 

to carry out this subpart, the Secretary shall award, on a competitive basis, grants to State educational agencies that have submitted an application at such time, in such manner, and containing 

such information as the Secretary may require, which demonstrate 

to the satisfaction of the Secretary, that the requirements of this 

section will be met, for the following: 

‘‘(1) To enable States or consortia of States to collaborate 

with institutions of higher education, other research institutions, or other organizations to improve the quality, accessibility, validity, and reliability of college and career ready assessments described in section 1111(b)(3). 

‘‘(2) To measure student academic achievement including the 

ability to think critically, solve problems, and communicate effectively, for, at a minimum, the grade in which the student is 

enrolled using multiple measures of student academic achievement from multiple sources. 

‘‘(3) To measure student growth over time. 

‘‘(4) To evaluate student academic achievement through the 

development of comprehensive academic assessment instruments, such as performance and technology-based academic assessments. 

‘‘(b) APPLICATION.—Each State educational agency wishing to 

apply for funds under this section shall include in its State plan 

under this part such information as the Secretary may require. 

‘‘(c) ANNUAL REPORT.—Each State educational agency receiving a 

grant under this section shall submit an annual report to the Secretary describing its activities, and the result of those activities, 

under the grant. 

‘‘SEC. 1133. COMPETENCY-BASED ASSESSMENT AND ACCOUNTABILITY 

DEMONSTRATION AUTHORITY. 

‘‘(a) DEFINITIONS.—In this part: 

‘‘(1) COLLEGE AND CAREER READY STANDARDS.—The term ‘college and career ready standards’ means the academic content 

and student academic achievement standards adopted by a 

State under section 1111(b). 

‘‘(2) COMPETENCY.—The term ‘competency’ means a target for 

student learning representing key content-specific concepts and 

higher order skills, such as critical thinking, problem solving, 

and self directed learning that is— 

‘‘(A) applied within or across content domains; and 

‘‘(B) aligned with college and career ready content standards as described in section 1111(b). 

‘‘(3) CORE INDICATORS.—The term ‘core indicators’ means— 


tjames on DSK6SPTVN1PROD with REPORTS
113 

‘‘(A) State academic assessments that meet the requirements of section 1111(b)(3) and that provide data that can 

be compared with data regarding the State academic assessments required under section 1111(b)(3); and 

‘‘(B) graduation rates. 

‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a 

State educational agency or consortium of State educational 

agencies. 

‘‘(5) MASTERY.—The term ‘mastery’ means a level of knowledge or skill development demonstrated by a student signifying 

that the student has met a standard and is prepared to 

progress to a subsequent standard. 

‘‘(6) PERFORMANCE ASSESSMENT.—The term ‘performance assessment’ means a multi-step assessment that— 

‘‘(A) includes complex activities with clear criteria, expectations, and processes that enable students to interact 

with meaningful content; and 

‘‘(B) measures the depth at which students learn content 

and apply complex skills to create or refine an original 

product or solution. 

‘‘(b) DEMONSTRATION AUTHORITY.— ‘‘(1) IN GENERAL.—The Secretary may provide eligible entities, in accordance with paragraph (3), with the authority to incorporate competency-based accountability into the State accountability system required under section 1111(c) in accordance with an application approved under subsection (c). 

‘‘(2) DEMONSTRATION PERIOD.—Each award of demonstration 

authority under this part shall be for a period of 3 years. 

‘‘(3) INITIAL DEMONSTRATION AUTHORITY; EXPANSION; RENEWAL.— 

‘‘(A) INITIAL LIMIT.—During the initial 3- year period of 

demonstration authority under this section, the Secretary 

may not provide more than 3 eligible entities with the authority described in paragraph (1). 

‘‘(B) EXPANSION OF DEMONSTRATION AUTHORITY.—After 

the end of the initial demonstration period described in 

subparagraph (A), the Secretary may provide additional eligible entities with demonstration authority described in 

paragraph (1), subject to each of the requirements of this 

part as applicable, if the Secretary determines that the 

demonstration authority provided under this part during 

the initial demonstration period has effectively supported 

student progress on core indicators among students served 

by the eligible entities, including subgroups of students described in section 1111(c)(3)(A). 

‘‘(C) RENEWAL REQUIREMENTS.—The Secretary may 

renew an award of demonstration authority under this 

part for additional 2-year periods if the eligible entity demonstrates progress on core indicators. 

‘‘(c) APPLICATIONS.—To be eligible to participate in the demonstration under this part, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, that describes the competency-based accountability system that will be 

used by the eligible entity, including— 


tjames on DSK6SPTVN1PROD with REPORTS
114 

‘‘(1) an assurance that the competency-based accountability 

system will only utilize summative assessments for accountability purposes that— 

‘‘(A) are determined by the Secretary to provide comparable data across the eligible entity, demonstrate interrater reliability, and meet the requirements for assessments described in section 1111(b)(3); 

‘‘(B) have been field-tested; 

‘‘(C) are aligned to college and career ready standards 

and State-approved competencies; 

‘‘(D) have been developed in collaboration with stakeholders representing the interests of students with disabilities, English learners, and civil rights organizations in the 

State, as demonstrated through modifications made to the 

assessments resulting from such collaboration; and 

‘‘(E) incorporate the principles of universal design as defined in section 3(a) of the Assistive Technology Act of 

1998 (29 U.S.C. 3002(a)); 

‘‘(2) how the competency-based accountability system will— 

‘‘(A) incorporate a system of formative, interim, and 

summative assessments, including the use of performance 

assessments and other sources of evidence of student 

learning that determine mastery of State-approved competencies aligned to college and career ready standards 

and competencies; 

‘‘(B) allow students to demonstrate progress toward mastery of such standards and State-approved competencies; 

‘‘(C) assess mastery of State-approved competencies 

when students are ready to demonstrate mastery of such 

standards and competencies; 

‘‘(D) provide students with multiple opportunities to 

demonstrate mastery of such standards and competencies; 

‘‘(E) ensure that summative assessments comply with 

the requirements for academic assessments, as described 

in section 1111(b)(3), while engaging and supporting teachers in scoring assessments, including the use of high quality professional development, standardized and calibrated 

scoring rubrics, and other strategies to ensure inter-rater 

reliability and comparability of determinations of mastery 

across the State; 

‘‘(F) provide educators, students, and parents with realtime data to inform instructional practice and continuously 

improve student performance; 

‘‘(G) be used in conjunction with the accountability requirements described in section 1111(c) and section 1116 

to improve the academic outcomes of persistently lowachieving schools and schools in need of improvement 

identified under section 1116, and all other schools that 

fail to meet the school performance targets, established in 

accordance with section 1111(c)(2), for any subgroup described in section 1111(c)(3)(A); 

‘‘(H) require not less than 1 year of academic growth 

within a school year for each student and assure instructional support and targeted intervention are in place for 

those students performing below their peers; and 


tjames on DSK6SPTVN1PROD with REPORTS
115 

‘‘(I) only utilize a student’s individualized education program, as defined in section 602 of the Individuals with 

Disabilities Education Act, for purposes specifically allowed under such Act; 

‘‘(3) the eligible entity’s plan to— 

‘‘(A) ensure that all students, including each student 

subgroup described in section 1111(c)(3)(A)— 

‘‘(i) are held to the same high standard; 

‘‘(ii) demonstrate annually, at a minimum, at least 

1 year of academic growth consistent with the requirement in section1111(b)(4)(E); and 

‘‘(iii) receive the instructional support needed to attain mastery of college and career ready standards 

and State-approved competencies; 

‘‘(B) train local educational agency and school staff to 

implement the assessments described in paragraph (2)(A); 

‘‘(C) acclimate students to the new assessment and accountability systems; and 

‘‘(D) ensure that each local educational agency has the 

technological infrastructure to operate the competencybased accountability system described in this section; and 

‘‘(4) a description of how instruction and professional development will be enhanced within the competency-based system 

to personalize the educational experience for each student to 

ensure all students graduate college and career ready, as determined in accordance with State academic achievement 

standards under section 1111(b). 

‘‘(d) PEER REVIEW.—The Secretary shall— 

‘‘(1) implement a peer review process, which shall include a 

review team comprised of practitioners and experts who are 

knowledgeable about competency-based learning systems, to 

inform the awarding of the demonstration authority under this 

part; and 

‘‘(2) make publicly available the applications submitted 

under subsection (c) and the peer comments and recommendations on such applications. 

‘‘(e) DEMONSTRATION AUTHORITY WITHDRAWN.—The Secretary 

may withdraw the demonstration authority provided to an eligible 

entity under this part if— 

‘‘(1) at any point after the first 2 years of the 3-year demonstration period described in subsection (b)(2), the Secretary 

determines that student performance for all students served by 

the eligible entity or any student subgroup described under 

section 1111(c)(3)(A) has declined on core indicators; or 

‘‘(2) after providing a State with a renewal of demonstration 

authority under subsection (b)(3), the Secretary makes a determination that student performance has declined on core indicators for all students or any student subgroup described under 

section 1111(c)(3)(A) for 2 consecutive years during the State’s 

participation in the demonstration under this part. 

‘‘(f) DISSEMINATION OF BEST PRACTICES.—The Secretary shall disseminate best practices on the implementation of competency-based 

accountability systems, including on— 

‘‘(1) the effective use of formative, interim, and summative 

assessments to inform instruction; 


tjames on DSK6SPTVN1PROD with REPORTS
116 

‘‘(2) the development of summative assessments that meet 

the requirements of section 1111(b)(3), can be compared with 

the State assessments required under section 1111(b)(3), and 

include assessment tasks that determine mastery of State-approved competencies aligned to college and career ready standards; and 

‘‘(3) the development of standardized and calibrated scoring 

rubrics, and other strategies to ensure inter-rater reliability 

and comparability of determinations of mastery across the 

State. 

‘‘SEC. 1134. FUNDING. 

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of carrying out this subpart, there are authorized to be appropriated 

$500,000,000 for fiscal year 2014, and such sums as may be necessary for each of the 5 succeeding fiscal years. 

‘‘(b) ALLOTMENT OF APPROPRIATED FUNDS.— ‘‘(1) IN GENERAL.—From amounts made available for each fiscal year under subsection (a), the Secretary shall— 

‘‘(A) reserve one-half of 1 percent for the Bureau of Indian Affairs; 

‘‘(B) reserve one-half of 1 percent for the outlying areas; 

and 

‘‘(C) from the remainder, allocate to each State an 

amount equal to— ‘‘(i) $3,000,000; and 

‘‘(ii) with respect to any amounts remaining after 

the allocation is made under clause (i), an amount 

that bears the same relationship to such total remaining amounts as the number of students ages 5 through 

17 in the State (as determined by the Secretary on the 

basis of the most recent satisfactory data) bears to the 

total number of such students in all States. 

‘‘(2) REMAINDER.—Any amounts remaining for a fiscal year 

after the Secretary carries out paragraph (1) shall be made 

available as follows: 

‘‘(A)(i) To award funds under sections 1132 and 1133 to 

States according to the quality, needs, and scope of the 

State application under that section. 

‘‘(ii) In determining the grant amount under clause (i), 

the Secretary shall ensure that a State’s grant shall include an amount that bears the same relationship to the 

total funds available under this paragraph for the fiscal 

year as the number of students ages 5 through 17 in the 

State (as determined by the Secretary on the basis of the 

most recent satisfactory data) bears to the total number of 

such students in all States. 

‘‘(B) Any amounts remaining after the Secretary awards 

funds under subparagraph (A) shall be allocated to each 

State that did not receive a grant under such subparagraph, in an amount that bears the same relationship to 

the total funds available under this subparagraph as the 

number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent 

satisfactory data) bears to the total number of such students in all States. 


tjames on DSK6SPTVN1PROD with REPORTS
117 

‘‘SEC. 1135. STATE DEFINED. 

‘‘In this section, the term ‘State’ means each of the 50 States, the 

District of Columbia, and the Commonwealth of Puerto Rico.’’. 

(b) CONFORMING AMENDMENT.—Subpart 1 of part A of title VI 

(20 U.S.C. 7301 et seq.) is repealed. 

TITLE II—TEACHERS AND LEADERS 

SEC. 201. GREAT TEACHERS AND LEADERS. 

Title II (20 U.S.C. 6601 et seq.) is amended to read as follows: 

‘‘TITLE II—GREAT TEACHERS AND 

LEADERS 

‘‘SEC. 2001. PURPOSE. 

‘‘The purpose of this title is to help States and local educational 

agencies support teachers and school leaders to improve student 

achievement for all students, including English learners and students with disabilities, by— 

‘‘(1) promoting and enhancing the teaching profession; 

‘‘(2) supporting the development of effective of teachers and 

school leaders; 

‘‘(3) recruiting, rewarding, and retaining effective teachers 

and other school leaders and fostering excellent instructional 

teams, especially in high-need local educational agencies, 

schools, fields, and subjects; 

‘‘(4) providing teachers with the knowledge, skills, data, support, and collaborative opportunities needed to be effective in 

the classroom and to the meet the diverse learning needs of 

their students; 

‘‘(5) providing all students with access to effective teachers 

and school leaders; and 

‘‘(6) improving the management of the education workforce 

in States and local educational agencies. 

‘‘SEC. 2002. DEFINITIONS. 

‘‘In this title: 

‘‘(1) CAREER LADDERS.—The term ‘career ladders’ means promotion and professional growth opportunities, beyond moving 

into administration, for teachers who have been rated as at 

least effective by a teacher evaluation system that meets the 

requirements of section 2112(b)(1), including teacher leaders, 

instructional or curriculum specialists, and teacher mentors, 

who help improve teaching and learning in a school or local 

educational agency. 

‘‘(2) HIGH-NEED FIELD.—The term ‘high-need field’ refers to 

the fields of special education, bilingual education, and English 

language acquisition. 

‘‘(3) HIGH-NEED SUBJECT.—The term ‘high-need subject’ 

means mathematics, science, and any other content area— 

‘‘(A) that is designated by a State educational agency or 

the Secretary as a teacher shortage area; or 

‘‘(B) with respect to which a local educational agency determines, based on the needs assessment required under 


tjames on DSK6SPTVN1PROD with REPORTS
118 

section 2122(a)(2), that, in the schools or a subset of 

schools of the agency, there is a shortage of teachers who 

have been rated by a State-approved teacher and principal 

evaluation that meets the requirements of section 

2112(b)(1) as at least effective. 

‘‘(4) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘high-need local educational agency’ means a local educational 

agency— 

‘‘(A)(i) that serves not fewer than 10,000 children from 

families with incomes below the poverty line; or 

‘‘(ii) for which not less than 20 percent of the children 

served by the agency are from families with incomes below 

the poverty line; and 

‘‘(B)(i) for which there is a high percentage of teachers 

not teaching in the academic subjects or grade levels that 

the teachers were trained to teach; or 

‘‘(ii) for which there is a high percentage of teachers with 

emergency, provisional, or temporary certification or licensing. 

‘‘(5) QUALIFIED TEACHER.—The term ‘qualified teacher’ 

means a teacher who meets the minimum qualifications to 

teach in a State and— 

‘‘(A) when used with respect to a middle school or high 

school teacher who is entering the profession in a State for 

the first time, means that the teacher— 

‘‘(i) holds at least a bachelor’s degree; 

‘‘(ii) has demonstrated to the State, content knowledge in the content area that the teacher will teach as 

determined— 

‘‘(I) by passing a rigorous State assessment; or 

‘‘(II) by successful completion of an academic 

major, a graduate degree, or coursework equivalent to an undergraduate academic major in the 

content area that the teacher will teach; 

‘‘(iii) if required by the State to demonstrate teaching skills by passing a State teacher performance assessment, has passed such assessment; 

‘‘(iv) has successfully completed a traditional or alternative teacher preparation program; and 

‘‘(v) at the State’s discretion, may be enrolled in an 

alternative teacher preparation program, and— 

‘‘(I) be on track to successful completion of such 

program; and 

‘‘(II) be supervised by a mentor teacher who has 

been consistently rated in the highest rating categories by a teacher evaluation system that meets 

the requirements of section 2112(b)(1); 

‘‘(B) when used with respect to an elementary school 

teacher who is entering the profession in a State for the 

first time, means that the teacher— 

‘‘(i) holds at least a bachelor’s degree; 

‘‘(ii) has demonstrated to the State, content knowledge and teaching skills in reading, writing, mathematics, science, and other areas of the elementary 

school curriculum— 


tjames on DSK6SPTVN1PROD with REPORTS
119 

‘‘(I) by passing a rigorous passing a rigorous 

State assessment or State-required test in reading, writing, mathematics, science, and other 

areas of the basic elementary school curriculum; 

or 

‘‘(II) by successful completion of an academic 

major, a graduate degree, or coursework equivalent to an undergraduate academic major in the 

content areas that the teacher will teach; 

‘‘(iii) if required by the State to demonstrate teaching skills by passing a State teacher performance assessment, has passed such assessment; 

‘‘(iv) has successfully completed a traditional or alternative teacher preparation program; 

‘‘(v) at the State’s discretion, may be enrolled in an 

alternative teacher preparation program; and 

‘‘(I) be on track to successful completion of such 

program; and 

‘‘(II) be supervised by a mentor teacher who has 

been consistently rated in the highest rating categories by a teacher evaluation system that meets 

the requirements of section 2112(b)(1); and 

‘‘(C) means any teacher who is highly qualified as defined in section 9101(23) or section 602(10) of the Individuals with Disabilities Education Act, as such section was 

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

Student Success Act. 

‘‘(6) INDUCTION.—The term ‘induction’ means a program for 

new teachers and new principals, as appropriate, during at 

least their first 2 years of practice, that is designed to increase 

effectiveness and retention of new teachers and new principals, 

and that includes— 

‘‘(A) high-quality mentoring; 

‘‘(B) development of skills and knowledge in areas needed for new teachers, including, content knowledge and pedagogy, instructional strategies for teaching students with 

diverse learning needs, classroom management (including 

strategies that improve the school-wide climate for learning, which may include positive behavioral interventions 

and supports), formative assessment of student learning, 

and the analysis and use of student assessment data to 

improve instruction; 

‘‘(C) frequent, structured time for collaboration and professional development with teachers and principals in the 

same field, grade, or subject area, and opportunities to 

draw directly on the expertise of other school and local 

educational agency staff, staff of high-performing pathways, and other organizations that provide high-quality induction supports; 

‘‘(D) regular and structured observation and feedback by 

mentors, school leaders, or teachers who have been consistently rated in the highest rating categories by a teacher 

evaluation system that meets the requirements of section 

2112(b)(1); and 


tjames on DSK6SPTVN1PROD with REPORTS
120 

‘‘(E) where feasible, team teaching, reduced teaching 

load and activities designed to ensure that teachers have 

appropriate teaching tools and instructional materials for 

their classroom. 

‘‘(7) MENTORING.—The term ‘mentoring’ means the mentoring of new teachers and principals, as appropriate, so as to 

increase the effectiveness and retention of those teachers and 

principals through a program tat— 

‘‘(A) includes clear criteria for the selection of teacher 

and principal mentors that take into account a candidate’s 

effectiveness as a teacher or principals and that individuals ability to facilitate adult learning; 

‘‘(B) provides high-quality training for the mentors on 

how to support new teachers and principals effectively; 

‘‘(C) provides regularly scheduled time for collaboration 

and for examination of student work and achievement 

data, and on-going opportunities for mentors and mentees 

to observe each other’s practice; and 

‘‘(D) matches, when possible, each mentee with a mentor 

who is in the same field, grade, or subject area as the 

mentee. 

‘‘(8) PROFESSIONAL DEVELOPMENT.—The term ‘professional 

development’ means coordinated and aligned activities with 

evidence of increasing effectiveness of educators, which may include teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, early childhood educators, and other school staff that— 

‘‘(A) fosters collective responsibility for improved student 

performance; 

‘‘(B) is comprised of professional learning that— 

‘‘(i) aligns with State academic content and achievement standards and early learning standards, as appropriate, with local educational agency and school improvement goals and plans, including those identified 

under section 1116, and with school instructional materials; 

‘‘(ii) is aligned to a State-approved teacher and principal evaluation system the meets the requirements of 

section 2112(b)(1) ; 

‘‘(iii) is conducted among educators at the school and 

facilitated by trained school principals and schoolbased professional development coaches, mentors, 

master teachers, or other teacher leaders; 

‘‘(iv) supports family engagement in their children’s 

education; 

‘‘(v) primarily occurs frequently and during significant blocks of time among established teams of teachers, principals, and other instructional staff members 

where the teams of educators engage in a continuous 

cycle of improvement that— 

‘‘(I) defines a clear set of educator learning goals 

based on the rigorous analysis of data and individual evaluations under section 2112(b)(1) and 

improves content knowledge, pedagogical skills, 

and the ability to analyze and use data; 


tjames on DSK6SPTVN1PROD with REPORTS
121 

‘‘(II) achieves the educator learning goals based 

identified under subclause (I) by implementing coherent, sustained, and evidence-based learning 

strategies, such as lesson study and the development of formative assessments, that improve instructional effectiveness and student achievement; 

‘‘(III) provides job-embedded coaching or other 

forms of assistance to support the transfer of new 

knowledge and skills to the classroom; 

‘‘(IV) regularly assesses the effectiveness of the 

professional development in achieving identified 

learning goals, improving teaching, and assisting 

all students in meeting challenging State academic achievement standards; 

‘‘(V) informs ongoing improvements in teaching 

and student learning; 

‘‘(VI) may support joint professional development activities for school staff and early childhood 

educators that address the transition to elementary school, including issues related to school 

readiness across all major domains of early learning; and 

‘‘(VII) may be supported by external assistance 

with relevant expertise, including content expertise; and 

‘‘(C) may be supplemented by activities such as courses, 

workshops, institutes, networks, and conferences that— 

‘‘(i) address the learning goals and objectives established for professional development by educators at 

the school level; 

‘‘(ii) advance the ongoing school-based professional 

development; and 

‘‘(iii) are provided for by for-profit and non-profit entities outside the school such as universities, education 

service agencies, technical assistance providers, networks of content-area specialists, and other education 

organizations and associations. 

‘‘(9) SCHOOL LEADER.—The term ‘school leader’ means a principal, an assistant principal, or an individual who is— 

‘‘(A) is and employee or officer of a school; and 

‘‘(B) is responsible for the managerial operations and instructional leadership of that school. 

‘‘(10) SCHOOL LEADERSHIP TEAM.—The term ‘school leadership team’ means a group that includes the principal, other 

school leaders, and teachers at a school who work together to 

develop school plans or goals for the school. 

‘‘(11) STATE TEACHER PERFORMANCE ASSESSMENT.—The term 

‘State-teacher performance assessment’ means a rigorous assessment used to measure teacher performance that is developed and approved in collaboration with teachers, and administered by the State and— 

‘‘(A) is based on professional teaching standards; 

‘‘(B) are aligned to State academic content and achievement and early learning standards; 


tjames on DSK6SPTVN1PROD with REPORTS
122 

‘‘(C) is used to document the effectiveness of a teacher’s— 

‘‘(i) curriculum planning; 

‘‘(ii) instruction of students, including appropriate 

supports for students who are English learners and 

students who are children with disabilities; and 

‘‘(iii) assessment of students, including analysis of 

evidence of student learning; 

‘‘(D) is validated based on professional assessment 

standards; 

‘‘(E) is regularly monitored to ensure the quality, reliability, validity, fairness, consistency, and objectivity of the 

evaluators’ determinations; 

‘‘(F) is reliably scored by trained evaluators with appropriate oversight of the process to ensure consistency; and 

‘‘(G) the results of which are used to support continuous 

improvement of educator practice. 

‘‘(12) TEACHING RESIDENCY PROGRAM.—The term ‘teaching 

residency program’ means a school-based teacher preparation 

program in which a prospective teacher— 

‘‘(A) teaches alongside a mentor teacher, who is the 

teacher of record, for at least one year; 

‘‘(B) receives concurrent instruction in the teaching of 

the content area in which the teacher will become certified 

or licensed; 

‘‘(C) receives concurrent instruction in effective teaching 

skills; and 

‘‘(D) attains full State teacher certification or licensure, 

and becomes qualified prior to, or upon, completion of the 

program. 

‘‘(13) EVIDENCE OF CLASSROOM PRACTICE.—The term ‘evidence of classroom practice’ means evidence gathered through 

multiple formats and from multiple sources that demonstrate 

effective teaching skills and— 

‘‘(A) shall include— 

‘‘(i) multiple classroom observations based on rigorous teacher performance standards or rubrics and 

conducted by trained personnel consistent with section 

2112(b)(1); 

‘‘(ii) information on the teacher’s successful use of 

data to improve instruction and raise student achievement; 

‘‘(iii) student work, lesson plans, feedback provided 

to students and teacher developed classroom assessments; 

‘‘(iv) demonstration of professional responsibility; 

and 

‘‘(B) may include, but which shall have a weight that is 

less than the weight assigned to the requirements described in subparagraph (A)— 

‘‘(i) videos of teacher practice; 

‘‘(ii) teacher portfolios; and 

‘‘(iii) parent, student, and peer feedback. 

‘‘(14) EVIDENCE OF SCHOOL LEADERSHIP.—The term ‘evidence 

of school leadership’ means evidence gathered through multiple 


tjames on DSK6SPTVN1PROD with REPORTS
123 

formats and from multiple sources that shall include an evaluation of— 

‘‘(A) data on student learning gains, including evidence 

of student learning; 

‘‘(B) gains in student achievement, including passage of 

required exams for course progression, credit accumulation, completion of promotion standards, and graduation 

rates; 

‘‘(C) increases in student attendance rates; 

‘‘(D) percentage of effective teachers on staff; 

‘‘(E) retention rates of effective teachers rated by a 

teacher evaluation that meets the requirements of section 

2112(b)(1) to those teachers rated below effective by such 

an evaluation; 

‘‘(F) evidence of successful use of teacher evaluation and 

alignment to effective professional development, including 

support for teachers to improve effectiveness status; 

‘‘(G) demonstration of instructional leadership, including 

use of data and assessment to inform decision-making; 

‘‘(H) improvement of teacher effectiveness of teachers in 

the school; 

‘‘(I) demonstration of effective fiscal management, where 

applicable; 

‘‘(J) evidence of effective community and parent engagement; 

‘‘(K) improved teacher attendance rates; 

‘‘(L) establishment of learning communities where principals and teachers— 

‘‘(i) share a school mission and goals with an explicit 

vision of quality teaching and learning that guides all 

instructional decisions; 

‘‘(ii) commit to improving student outcomes and performances; 

‘‘(iii) set a continuous cycle of collective inquiry and 

improvement; 

‘‘(iv) foster a culture of collaboration where teachers 

and principals work together on a regular basis to 

analyze and improve teaching and learning; and 

‘‘(v) support and share leadership; and 

‘‘(M) develop and maintain a positive school culture 

where students, teachers and other staff are motivated to 

collaborate and work together to achieve goals. 

‘‘(15) EVIDENCE OF STUDENT LEARNING.—The term ‘evidence 

of student learning’ means data that shall be based on multiple, valid and reliable indicators of student academic growth 

towards State content and achievement standards, which shall 

be based significantly on— 

‘‘(A) student learning gains on the State student academic assessments under section 1111(c) and, for grades 

and subjects not covered by the State’s student academic 

assessments, another valid and reliable assessment of student academic achievement, as long as the assessment is 

used consistently by the local educational agency for the 

grade or class for which the assessment is administered; 

and 


tjames on DSK6SPTVN1PROD with REPORTS
124 

‘‘(B) other evidence of student learning that is comparable across schools within an local educational agency 

such as— 

‘‘(i) formative and summative assessments; 

‘‘(ii) objective performance-based assessments; and 

‘‘(iii) representative samples of student work, including progress towards performance standards and evidence of student growth. 

‘‘(16) MENTOR PRINCIPAL.—The term ‘mentor principal’ 

means an individual with— 

‘‘(A) Strong instructional leadership skills in an elementary school or secondary school setting; 

‘‘(B) Strong verbal and written communication skills, 

which may be demonstrated by performance on appropriate assessments; and 

‘‘(C) Knowledge and skills to— 

‘‘(i) establish and maintain a professional learning 

community that effectively utilizes data to improve the 

school culture and personalize instruction to increase 

student achievement; 

‘‘(ii) create and maintain a learning culture within 

the school that provides a climate conducive to the development of all members of the school community, including one of continuous learning for adults tied to 

student learning and other school goals; 

‘‘(iii) engage in continuous professional development, 

utilizing a combination of academic study, developmental simulation exercises, self-reflection, 

mentorship and internship; 

‘‘(iv) understand youth development appropriate to 

the age level served by the school and from this 

knowledge sets high expectations and standards for 

the academic, social, emotional and physical development of all students; and 

‘‘(v) actively engage the community to create shared 

responsibility for student academic performance and 

successful development. 

‘‘PART A—EFFECTIVE TEACHER AND LEADER 

STATE GRANTS 

‘‘SEC. 2101. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated $3,500,000,000 for fiscal year 2014, and such sums as may be necessary for each of the 

5 succeeding fiscal years, to carry out this part. 

‘‘Subpart 1—Grants to States 

‘‘SEC. 2111. ALLOCATIONS TO STATES. 

‘‘(a) RESERVATIONS.—From the amounts made available under 

section 2101 for this subpart for each fiscal year, the Secretary 

shall reserve— 

‘‘(1) one-half of one percent for the outlying areas, to be distributed among the outlying areas on the basis of their relative 


tjames on DSK6SPTVN1PROD with REPORTS
125 

need, as determined by the Secretary, for activities consistent 

with the purposes of this title; 

‘‘(2) one-half of one percent for the Secretary of the Interior, 

for activities, consistent with the purposes of this title described in section 2001, in schools operated by or funded by the 

Bureau of Indian Education; and 

‘‘(3) one-half of one percent for a competitive grant program 

to encourage consortia of States to develop instructional supports aligned to new college- and career-ready standards that 

are made widely available to all States and local educational 

agencies. 

‘‘(b) ALLOTMENTS TO STATES, REDUCTIONS.— ‘‘(1) IN GENERAL.—From the amounts made available under 

section 2101 for this subpart for each fiscal year that remain 

after the Secretary reserves funds under subsection (a) of this 

section, the Secretary shall allot to each State with an approved application under section 2112 the sum of— 

‘‘(A) an amount that bears the same relationship to 35 

percent of the remaining amount as the number of individuals age five through 17 in the State, as determined by the 

Secretary on the basis of the most recent satisfactory data, 

bears to the number of those individuals in all such States, 

as so determined; and 

‘‘(B) an amount that bears the same relationship to 65 

percent of the remaining amount as the number of individuals age five through 17 from families with incomes below 

the poverty line, in the State, as determined by the Secretary on the basis of the most recent satisfactory data, 

bears to the number of those individuals in all such States, 

as so determined. 

‘‘(2) FISCAL YEAR 2014.—Notwithstanding paragraph (1), for 

fiscal year 2014, no State shall receive less than 90 percent of 

the State’s allocation under this part for fiscal year 2013, as 

such part was in effect on the day before the date of enactment 

of the Student Success Act. 

‘‘(3) SUCCEEDING FISCAL YEARS.—Notwithstanding paragraph 

(1), for fiscal year 2014 and each succeeding fiscal year, no 

State shall receive an allotment under paragraph (1) that is 

less than 90 percent of the State’s allotment under such paragraph for the preceding fiscal year. 

‘‘(c) RATABLE REDUCTIONS.—If the funds made available to carry 

out paragraph (1) of subsection (b) are insufficient to pay the full 

amounts that all States are eligible to receive under subparagraph 

(2) or (3) of such subsection for any fiscal year, the Secretary shall 

ratably reduce each such amount for such fiscal year. 

‘‘(d) REALLOTMENTS.—If any State does not apply for an allotment under this section, or has its application disapproved by the 

Secretary, the Secretary shall reallot the amount of that State’s allotment to the remaining States that have approved applications in 

accordance with this subpart. 

‘‘SEC. 2112. STATE APPLICATIONS. 

‘‘(a) IN GENERAL.—For a State to be eligible to receive a grant 

under this part, the State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. 


tjames on DSK6SPTVN1PROD with REPORTS
126 

The Secretary shall provide the State educational agency with the 

opportunity to apply for funds under this part and part B through 

a consolidated application. 

‘‘(b) CONTENTS.—Each application submitted under this section 

shall include the following— 

‘‘(1) a description of how, within 3 years of the date of enactment of the Student Success Act, each local educational agency 

in the State that receives a subgrant under subpart 2 shall implement either a State model teacher and principal evaluation 

system or a State-approved teacher and principal evaluation 

system that, at a minimum— 

‘‘(A) is designed primarily to— 

‘‘(i) increase student learning and improve instruction for students; 

‘‘(ii) inform professional development for teachers 

and principals and support interventions for students; 

and 

‘‘(iii) using the results of a teacher’s or principal’s 

evaluation, provide on-going and timely, individual 

and meaningful feedback, and substantive support to 

the teacher or principal; 

‘‘(B) is developed, implemented, and adopted in collaboration with teachers, principals, and other education 

stakeholders and through the State or local process for determining terms and conditions of employment in the 

State or local educational agency; 

‘‘(C) includes— 

‘‘(i) meaningful weight on multiple measures of 

teacher and principal performance, including— 

‘‘(I) in the case of teachers, evidence of classroom practice; and 

‘‘(II) in the case of principals, evidence of school 

leadership; 

‘‘(ii) meaningful weight on evidence of student learning; 

‘‘(iii) meaningful weight on contributions to student 

growth including higher order thinking skills, citizenship, and social and emotional development; and 

‘‘(iv) differentiated levels of teacher and principal 

performance that are clearly articulated using not less 

than 3 rating categories, which are aligned with the 

State’s standards and criteria for defining each of the 

rating categories required; 

‘‘(D) provides results that are comparable and consistent 

across all teachers and principals within a local educational agency consistent with section 2301, including 

using standards and rubrics for conducting evaluations (including for the information in described in subparagraph 

(C)) that reflect the ages and grades being taught and consistent within individual grade levels and subject areas in 

each local educational agency; 

‘‘(E) evaluates, annually, each teacher and principal in 

the local educational agency and takes into consideration 

the experience and performance level of the teacher or 

principal; 


tjames on DSK6SPTVN1PROD with REPORTS
127 

‘‘(F) uses evaluation results to inform— 

‘‘(i) professional improvement plans for teachers and 

principals, which shall be developed in collaboration 

with teachers and principals, that are appropriate to 

the level of the individual being evaluated, including 

support and timelines to carry out each plan; 

‘‘(ii) comprehensive support, mentoring, interventions and timelines to carry out each plan; and 

‘‘(iii) personnel decisions; and 

‘‘(G) establishes appropriate training for evaluators and 

staff being evaluated including— 

‘‘(i) a clear articulation of the evaluation system and 

the process, systems, ratings, and the implications of 

the results provided to teachers and principals; 

‘‘(ii) how the system provides teachers and principals the opportunity and assistance to improve consistent with subparagraph (F)(i); and 

‘‘(iii) how to identify working conditions that affect 

teaching and learning, such as facilities and resources, 

and school climate and safety, and isolating educator 

impact on student outcomes from these factors; 

‘‘(2) a description of how the State educational agency will 

ensure that within 4 years of the date of enactment of the Student Success Act, each local educational agency in the State 

that receives a subgrant under subpart 2 makes public the results of the evaluation system described in paragraph (1), in 

accordance with the accountability requirements of subpart 4; 

‘‘(3) a description of how, within 2 years of the date of enactment of the Student Success Act, each local educational agency 

in the State that receives a subgrant under subpart 2 shall 

conduct an annual assessment of educator support and working conditions that— 

‘‘(A) evaluates supports for teachers, leaders, and other 

school personnel, such as— 

‘‘(i) teacher and principal perceptions of availability 

of high-quality professional development and instructional materials and opportunities for collaboration; 

‘‘(ii) timely availability of data on student academic 

achievement and growth; 

‘‘(iii) the presence of high-quality instructional leadership; and 

‘‘(iv) opportunities for professional growth such as 

career ladders and mentoring and induction programs; 

‘‘(B) evaluates working conditions for teachers, leaders 

and other school personnel, such as— 

‘‘(i) school climate; 

‘‘(ii) school safety; 

‘‘(iii) class size; 

‘‘(iv) availability and use of common planning time 

and opportunities to collaborate; and 

‘‘(v) community engagement; 

‘‘(C) is developed with for teachers, leaders and other 

school personnel, parents, students, and the community; 

‘‘(D) develops and implements an plan with the groups 

described in subparagraph (C) and with, at a minimum, 


tjames on DSK6SPTVN1PROD with REPORTS
128 

annual benchmarks to address the results of the assessment carried described in this paragraph; and 

‘‘(E) publicly reports on the results of the evaluations described in subparagraph (A) and (B) and the plan described in subparagraph (C); 

‘‘(4) a description of the educator supports the State has developed to assist in the implementation of new college- and career-ready standards, including the State’s plan for making 

those supports available to its local educational agencies and 

for prioritizing the introduction of those supports, in conjunction with the appropriate local educational agency, into the 

State’s lowest performing schools; 

‘‘(5) a description of how a State will develop and implement 

a plan for the equitable distribution of teachers and principals 

that— 

‘‘(A) ensures teachers and principals who have been 

rated in the lowest rating categories, as such categories 

are defined by the State under the State-approved teacher 

and principal evaluation system under paragraph 

(1)(C)(iii), within each local educational agency and among 

the local educational agencies within the State, so that 

low-income and minority students are not taught at higher 

rates than are other students by teachers not deemed 

qualified and who are rated in the lowest evaluation rating 

categories or assigned to schools administered by principals who have been rated in the lowest evaluation rating 

categories at higher rates than other students; 

‘‘(B) includes— 

‘‘(i) percentage of teachers by evaluation rating category for schools in the top quartile of poverty against 

the schools in the bottom quartile of poverty; 

‘‘(ii) percentage of teachers by evaluation rating category for schools in the top quartile in percentage of 

minority students against the bottom quartile of percentage of minority students; 

‘‘(iii) specific and measurable goals and strategies to 

close gaps identified in the plan; and 

‘‘(C) before the teacher and principal evaluation system 

is established under this part, uses a combined measure of 

indicators such as a composite to carry out the plan described in this paragraph— 

‘‘(i) shall include— 

‘‘(I) the percentage of first year teachers; and 

‘‘(II) the percentage of qualified teachers; and 

‘‘(ii) may include— 

‘‘(I) with respect middle schools and high 

schools, the percentage of core academic courses 

taught by teachers who have met State licensure 

requirements for such courses; 

‘‘(II) the percentage of teachers whose licensure 

exam scores fall one standard deviation above 

passing score of teachers within the State; 

‘‘(III) the percent of teachers with more than 10 

absences over the course of the school year; and 


tjames on DSK6SPTVN1PROD with REPORTS
129 

‘‘(IV) the percentage of teachers hired after the 

first day of school; 

‘‘(6) the State definition of teacher-of-record, how local educational agencies report to the State on the teacher-of-record, 

and how the definition is used, including for evaluation, compensation, teacher preparation evaluation, and to ensure equitable distribution of effective and highly effective teachers; 

‘‘(7) a description of how the State will establish and maintain a data system that within 3 years after the date of enactment of the Student Success Act— 

‘‘(A) supports data sharing among local educational 

agencies and a teacher and leader preparation program described in section 200(6)(A)(IV) of the Higher Education 

Act of 1965, as amended by section 202 of the Student Success Act, on the program’s graduates’ students’ achievement and growth, including on the information provided in 

the evidence of student learning definition; and 

‘‘(B) publically reports the percentage of teachers and 

leaders in each rating category, as defined by the State in 

paragraph (1)(C)(iii), by preparation program; 

‘‘(8) a description of the State’s plan to— 

‘‘(A) implement the plan within the required timelines, 

including annual benchmarks for implementation; and 

‘‘(B) report annually to the Secretary on its progress implementing the plan and meeting annual benchmarks outlined under subparagraph (A); 

‘‘(9) the State’s definition of, or standards and criteria for— 

‘‘(A) a qualified teacher; 

‘‘(B) each rating category under paragraph (1)(C)(iii); 

and 

‘‘(C) additional definitions related to the requirements 

under the teacher and principal evaluation system under 

paragraph (1); 

‘‘(10) a description of how the State will, on a regular basis, 

evaluate how well the results of local educational agency’s 

teacher and principal evaluation systems align with the results 

produced by the state’s statewide measure of evidence of student learning; 

‘‘(11) a description of any performance measures in addition 

to those described in subpart 4 that the State will use to measure the performance of the State and of each local educational 

agency that receives a subgrant under subpart 2; and 

‘‘(12) a description of how the State will carry out the activities outlined in section 2113. 

‘‘(c) COMPLIANCE AND DISAPPROVAL.—If the Secretary finds that 

a State’s application does not comply in whole or in part with the 

requirements of this subpart, the Secretary shall— 

‘‘(1) notify the State regarding the specific provisions in the 

application that do not comply with the requirements of this 

subpart; 

‘‘(2) request any additional information needed to determine 

whether the application will comply with the requirements of 

this subpart; and 

‘‘(3) before disapproving the application, give the State notice 

and an opportunity for a hearing. 


tjames on DSK6SPTVN1PROD with REPORTS
130 

‘‘SEC. 2113. STATE USES OF FUNDS. 

‘‘(a) IN GENERAL.—A State that receives a grant under this subpart shall use— 

‘‘(1) 90 percent of the grant funds to award subgrants under 

subpart 2 to local educational agencies with approved applications under section 2122; 

‘‘(2) not more than 5 percent of the grant funds, to plan and 

administer the activities of the State under this subpart, including the awarding of the subgrants under subpart 2 and the 

monitoring and enforcement of the requirements for the subgrants, including— 

‘‘(A) developing model teacher and principal evaluation 

systems that local educational agencies could adopt at 

their discretion; 

‘‘(B) implementing the plan for equitable distribution described in section 2112(b)(5); 

‘‘(C) reviewing the teacher and principal evaluation system that meets the requirements of section 2112(b)(1) used 

by each local educational agency in the State, including— 

‘‘(i) providing technical assistance to local educational agencies on the development and implementation of such system; 

‘‘(ii) the role of teachers, school leaders, and other 

school personnel in the development and implementation of such system; 

‘‘(iii) opportunities for teachers and principals to provide feedback on the quality and usefulness of such 

system; and 

‘‘(iv) evaluating the reliability of such systems; and 

‘‘(D) reviewing the assessment of educator support and 

working conditions described in section 2112(b)(3), including— 

‘‘(i) how the assessment was conducted; 

‘‘(ii) how the plan was developed; and 

‘‘(iii) implementation of the associated improvement 

plan described in subparagraph (D) of section 

2112(b)(3); 

‘‘(3) developing, based on the assessment described in section 

2112(b)(3), educator supports to assist with the implementation 

of new college- and career-ready standards, particularly in the 

State’s lowest performing schools; 

‘‘(4) at least 2 percent of the grant funds to— 

‘‘(A) develop, with appropriate stakeholders, a State 

plan, based on an analysis of relevant data (including data 

on projected workforce needs), to— 

‘‘(i) improve the effectiveness principals and, at the 

State’s discretion, other school leaders; and 

‘‘(ii) ensure the equitable distribution of principals 

consistent with section 2112(b)(5); 

‘‘(B) implement activities to carry out the State plan, 

which may include such activities as— 

‘‘(i) developing, periodically reviewing, and revising 

State policies and standards related to principals and, 

at the State’s discretion, other school leaders so that 

those policies and standards— 


tjames on DSK6SPTVN1PROD with REPORTS
131 

‘‘(I) reflect the best practices identified in 

schools with effective principals; 

‘‘(II) focus on raising student achievement in 

subjects that contribute to a well-rounded education, especially in high-need and low-performing 

schools and among the lowest-performing subgroups in the State, and on improving teacher effectiveness; and 

‘‘(III) are designed to improve preparation, certification or licensure, and evaluation for all principals, including those in high-need and low-performing schools; and 

‘‘(C) activities designed to recruit, support, and retain effective and highly effective principals for high-need and 

low-performing schools, such as— 

‘‘(i) strengthening principal preparation programs to 

ensure that they are highly selective include in-depth 

residency for at least one-year or field-based experience in a high-need or low-performing school, and provide induction or other support for at least the first 

year of a principal’s service, including coaching from a 

mentor principal in instructional leadership and organizational management; 

‘‘(ii) provide training in school and personnel management, including management of the organization, 

staff and resources, developing a school climate and 

instructional program, developing effective relationships with community and parents, and using studentlevel and school level-data to inform decision-making; 

‘‘(iii) training on child development, improving instruction and closing achievement gaps; 

‘‘(iv) providing compensation incentives to attract, 

retain, and reward effective principals and other 

school leaders for high-need and low-performing 

schools; 

‘‘(v) developing teacher career ladders with a performance-based selection process that distribute school 

leadership responsibilities and develop a pipeline of individuals who gain the experience necessary to become 

an effective principal; and 

‘‘(vi) activities to improve the effectiveness of school 

superintendents, principal supervisors, human resources directors, and other local educational agency 

managers; and 

‘‘(5) use any remaining funds reserved at the State level to— 

‘‘(A) carry out any other activities designed to help the 

State make progress toward carrying out the purposes of 

this title and showing improvement on the performance 

measures described in subpart 4 and any additional measures described in the State’s application, including activities designed to— 

‘‘(i) align the State’s professional teaching standards, 

teacher and principal certification or licensure requirements, teacher-preparation programs, and professional-development requirements with kindergartenVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00135 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
132 

through-grade-12 academic content and achievement 

standards that build toward college-and-career-readiness; 

‘‘(ii) reform teacher and school leader compensation, 

including by modifying policies and practices and providing technical assistance to local educational agencies, in order to enable those agencies to recruit, reward, and retain effective teachers and school leaders 

in high-need schools, fields, subjects, and areas; 

‘‘(iii) support the training of teachers, principals, 

and other school leaders in meeting the diverse learning needs of their students, including through universal design for learning, as described in section 

5429(b)(21), and multi-tiered system of supports and 

language acquisition instruction; 

‘‘(iv) support the training of teachers, principals, and 

other school leaders in effectively integrating technology (including technology for students with disabilities) into curricula and instruction and in how to use 

technology for on-line communication and for collaboration and data analysis; 

‘‘(v) strengthen human resource systems in local 

educational agencies to recruit, train, hire, and place 

individuals who are or are most likely to be highly effective teachers and principals, provide highly effective 

teachers and principals with support and development 

opportunities focused on increasing student achievement, and retain highly effective teachers and principals over time by creating school environments that 

enable excellent teaching including through strategies 

such as distributed leadership, time for collaboration 

and use of student data for job-embedded professional 

development; 

‘‘(vi) develop and provide professional development, 

including through joint professional development opportunities, for early-childhood educators, teachers, 

principals, specialized instructional support personnel, 

and other school leaders; 

‘‘(vii) develop and implement policies and practices 

that position the State to be a competitive applicant 

for grants under part B of this title; 

‘‘(viii) support the training of teachers, principals, 

and other school leaders on how to accelerate the 

learning of students who are performing below grade 

level; and 

‘‘(ix) provide professional development for teachers, 

principals and other school administrators in early elementary grades that includes specialized knowledge 

about child development and learning, developmentally-appropriate curricula and teaching practices, 

meaningful family engagement and collaboration with 

early care and education programs; 

‘‘(B) provide technical assistance, as necessary, to each 

local educational agency that receives a subgrant under 


tjames on DSK6SPTVN1PROD with REPORTS
133 

subpart 2, in order to help the local educational agency improve performance on the measures described in subpart 4; 

‘‘(C) establish policies and practices to ensure the quality 

of the data reported under this part and the effectiveness 

of the methods used to analyze those data; and 

‘‘(D) develop and disseminate the State report card required under subpart 4, and use the information in the report card to guide efforts under this title. 

‘‘(b) SUPPLEMENT, NOT SUPPLANT.—Funds received under this 

subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized 

under this subpart. 

‘‘Subpart 2—Subgrants to Local Educational 

Agencies 

‘‘SEC. 2121. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES. 

‘‘(a) IN GENERAL.—Each State educational agency that receives 

an allocation under subpart 1 shall allocate to each local educational agency in the State that has an application approved by 

the State under section 2122 the sum of— 

‘‘(1) the amount that bears the same relationship to 20 percent of the amount allocated to the State educational agency 

as the number of individuals age 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears 

to the number of those individuals in the geographic areas 

served by all such local educational agencies in the State, as 

so determined; and 

‘‘(2) the amount that bears the same relationship to 80 percent of the amount allocated to the State educational agency 

as the number of individuals age 5 through 17 from families 

with incomes below the poverty line in the geographic area 

served by the agency, as determined by the Secretary on the 

basis of the most recent satisfactory data, bears to the number 

of those individuals in the geographic areas served by all such 

local educational agencies in the State, as so determined. 

‘‘(b) MINIMUM ALLOTMENTS.— 

‘‘(1) FISCAL YEAR 2014.—For fiscal year 2014, no local educational agency shall receive an allocation under subsection (a) 

that is less than 90 percent of the allocation the local educational agency received under this part for fiscal year 2013, 

as this part was in effect on the day before the date of enactment of the Student Success Act. 

‘‘(2) SUBSEQUENT FISCAL YEARS.—For fiscal year 2015 and 

each succeeding fiscal year, no local educational agency receiving an allotment under subsection (a) shall receive less than 90 

percent of the allotment the local educational agency received 

under this subpart for the preceding fiscal year. 

‘‘(c) RATABLE REDUCTION.—If the funds described in subsection 

(a) are insufficient to pay the full amounts that all local educational agencies are eligible to receive under subsection (b) for any 

fiscal year, the State shall ratably reduce such amounts for such 

fiscal year. 


tjames on DSK6SPTVN1PROD with REPORTS
134 

‘‘SEC. 2122. LOCAL EDUCATIONAL AGENCY NEEDS ASSESSMENT AND 

APPLICATIONS. 

‘‘(a) IN GENERAL.—To receive a subgrant under this subpart a 

local educational agency shall— 

‘‘(1) submit an application to the State educational agency involved at such time, in such manner, and containing such information and assurances as the State educational agency may 

reasonably require; and 

‘‘(2) conduct, in developing its application, and with the involvement of teachers, principals, and other stakeholders, as 

applicable, an assessment of educator support and working 

conditions consistent with section 2112(b)(3), in the areas set 

forth under the performance measures described in subpart 4, 

identified under the school improvement plans under section 

1116, as applicable, and the needs of schools receiving funds 

under title I. 

‘‘(b) CONTENTS.—Each application submitted under this section 

shall include— 

‘‘(1) a description of— 

‘‘(A) the results of the needs assessment conducted under 

subsection (a)(2); 

‘‘(B) the performance measures and activities the local 

education agency will use to address the needs identified 

under the assessment; 

‘‘(C) the local educational agency’s current system for 

evaluating teachers and principals, and whether that system is consistent with the definitions the State has developed in the State’s application under section 2112(b)(1); 

‘‘(D) the local educational agency’s plan for using the 

subgrant under this subpart, and other local, State, and 

Federal funds, to ensure the equitable distribution of 

teachers and principals, within the local educational agency so that low-income and minority students are not 

taught at higher rates than are other students by teachers 

not deemed qualified and who are rated in the lowest 

teacher evaluation rating categories or assigned to schools 

administered by principals who have been rated in the 

lowest principal evaluation rating categories at higher 

rates than other students within the local educational 

agency; 

‘‘(E) the local educational agency’s plan for using the 

subgrant under this subpart to support teachers in meeting the diverse learning needs of all their students, including through universal design for learning, as described in 

section 5429(b)(21), and multi-tiered system of supports 

and language acquisition; and 

‘‘(F) a description of the educator supports the local educational agency will provide to assist with the implementation of new college- and career-ready standards and early 

learning standards, including the local educational agency’s plan for prioritizing the introduction of those supports 

in its lowest performing schools; 

‘‘(G) a description of how the local education agency will, 

as appropriate, involve in the delivery of activities and 

services under this part, external providers that have demVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00138 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
135 

onstrated expertise and experience in using evidence-based 

strategies and programs to deliver evidence-based professional development and to raise the quality of teaching 

and school leadership; and 

‘‘(2) an assurance that, within 5 years of receiving a subgrant 

under this subpart, the local educational agency will— 

‘‘(A) conduct a second needs assessment, with the involvement of teachers, principals, and other stakeholders, 

as applicable, in the areas set forth in subpart 4 and identified in plans under section 1116, as applicable, particularly the needs of schools receiving funds under title I; and 

‘‘(B) submit a revised application to the State, consistent 

with the requirements of this section. 

‘‘SEC. 2123. LOCAL EDUCATIONAL AGENCY USES OF FUNDS. 

‘‘(a) USE OF FUNDS.—Subject to the requirements of the State 

consistent with section 2112(a), a local educational agency that receives a subgrant under this subpart shall, directly, or with other 

local educational agencies or the State educational agency, use the 

subgrant funds for activities designed to increase academic achievement for all students, including English learners and students with 

disabilities, by increasing the number and percentage of its teachers and principals who have been rated by the local educational 

agency’s teacher and principal evaluation system as at least effective, and to ensure the equitable distribution of those teachers and 

principals who have been rated at least effective, through activities 

that— 

‘‘(1) develop and implement, or improve, a teacher and principal evaluation system that, at a minimum, meets the requirements described in section 2112(b)(1); 

‘‘(2) provide meaningful feedback to teachers and principals 

on evaluation results, and use those results in making decisions about professional development and retention; 

‘‘(3) recruit teachers who are qualified and teachers and principals who have been rated, or are likely to be rated, by the 

evaluation system as at least effective, especially teachers and 

principals who are needed for high-need and low-performing 

schools and high-need fields and subjects, including teachers 

and principals who come from underrepresented backgrounds; 

‘‘(4) implement the assessment of educator support and 

working conditions in accordance with section 2112(b)(3); 

‘‘(5) implement the local educational agency’s plan for ensuring the equitable distribution of teachers and principals who 

have been rated by the teacher and principal evaluation system as at least effective; 

‘‘(6) develop and implement an induction program that is designed to increase the effectiveness of new teachers and retain 

effective teachers, especially in high-need and low-performing 

schools, such as a program that provides reduced teaching assignments for new teachers, training for instructional coaches 

or mentors who will participate in induction activities, access 

to on-line support systems, and frequent feedback to promote 

continuous learning and instructional improvement; 

‘‘(7) reduce class size for kindergarten through third grade by 

an amount and to a level consistent with what research has 

found to improve student academic achievement at a minimum 


tjames on DSK6SPTVN1PROD with REPORTS
136 

in the schools in the lowest quartile of poverty in the local educational agency; 

‘‘(8) improve within-school equity in the distribution of teachers who have been rated at least effective so that low-income 

and minority students are not taught at higher rates than are 

other students by teachers rated in one of the two lowest evaluation rating categories; 

‘‘(9) plan and administer activities carried out under this 

subpart, including other activities to improve effectiveness and 

the equity of distribution as required in accordance with the 

local educational agency’s needs assessments under subsection 

(a)(2); 

‘‘(10) develop a plan of action for providing additional academic supports, opportunities, or resources that ensure an appropriate opportunity to learn to any student assigned in any 

subject, for two consecutive years, to teachers rated in the lowest category under the local educational agency’s teacher evaluation system; and 

‘‘(11) develop a plan of action to ensure that no student in 

a school in either the bottom quartile of poverty in the local 

educational agency or a low-performing school is assigned in 

any subject, for two consecutive years, to a teacher rated in the 

lowest category under the local educational agency’s teacher 

evaluation system. 

‘‘(b) SUPPLEMENT, NOT SUPPLANT.—Funds received under this 

subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized 

under this subpart. 

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this subpart shall be 

construed to require a local educational agency to transfer school 

personnel in order to comply with the requirements of this part. 

‘‘Subpart 3—National Leadership Activities 

‘‘SEC. 2131. NATIONAL LEADERSHIP ACTIVITIES. 

‘‘From the funds made available under section 2101 for this subpart for any fiscal year, the Secretary may to reserve up to 3 percent for research, development, technical assistance, outreach, and 

dissemination activities, carried out either directly or through 

grants, contracts, or cooperative agreements. Such activities may 

include— 

‘‘(1) activities to strengthen teacher and principal evaluation, 

including establishing a national center to gather, provide 

benchmarks on, and disseminate best practices and provide 

technical assistance on teacher and principal evaluation so as 

to support States and local educational agencies in developing 

robust and reliable evaluation systems that take student 

growth into account; 

‘‘(2) development and dissemination of model surveys on the 

quality of educator support and working conditions consistent 

with section 2112(b)(3); 

‘‘(3) direct assistance to nonprofit organizations to enhance 

their support for local educational agencies and schools, including to community-based organizations that can support multiple local educational agencies in strengthening their teacher 


tjames on DSK6SPTVN1PROD with REPORTS
137 

and principal pipelines and human-resource practices and provide high-quality, sustained professional development targeted 

to low-performing schools; 

‘‘(4) activities to support development of a leadership academy to train school leaders in effective school management and 

instructional leadership, with a primary focus on turning 

around low-performing schools, including— 

‘‘(A) effective management of the organization, staff, and 

resources; 

‘‘(B) developing a school climate and instructional program and related evidence-based professional development 

aligned to the needs of the students and school; 

‘‘(C) effective relationships with community and parents; 

and 

‘‘(D) using student-level and school level-data to inform 

decision-making; and 

‘‘(5) activities to strengthen evaluation of superintendents including developing model evaluations. 

‘‘Subpart 4—Accountability 

‘‘SEC. 2141. EQUITY ACCOUNTABILITY. 

‘‘(a) STATE REQUIREMENTS.— ‘‘(1) IN GENERAL.—Each State that receives a grant under 

subpart 1 shall— 

‘‘(A) in a case in which the comparisons conducted under 

section 2112(b)(5) of the State plan indicate the inequalities described in paragraph (2) with respect to high-poverty and high-minority local educational agencies— 

‘‘(i) in consultation with the local educational agencies in the State, established 2, 4 and 5 year improvement goals that will substantially reduce or eliminate 

the inequities in the schools of such high-poverty and 

high-minority local educational agencies; and 

‘‘(ii) establish a support plan to assist such high-poverty and high-minority local educational agencies meet 

such improvement goals; and 

‘‘(B) in a case in which a high-poverty and high-minority 

local educational agency has not achieved the 2-year improvement goals established under subparagraph (A)(i), 

use 2.5 percent of the grant funds received under subpart 

2 to carry out the activities described in subparagraph (A). 

‘‘(2) INEQUALITIES.—The inequalities described in this paragraph are as follows: 

‘‘(A) Before the teacher and principal evaluation systems 

that meets the requirements of section 2112(b)(1) is established under this part by the local educational agencies in 

the State, students in high poverty and high minority local 

educational agencies in the State were being taught at 

higher rates by teachers rated in the lowest two quartiles 

based on the combined measure established under section 

2112(b)(5)(C) compared to students in low poverty and low 

minority local educational agencies in the State. 

‘‘(B) Once the evaluation systems are established, students in high poverty and high minority local educational 


tjames on DSK6SPTVN1PROD with REPORTS
138 

agencies are being taught at higher rates by teachers rated 

in one of the two lowest rating categories under such evaluation systems, as compared to students in low poverty 

and low minority local educational agencies. 

‘‘(b) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.— ‘‘(1) IN GENERAL.—Subject to paragraph (3), a high-poverty or 

high-minority local educational agency described in paragraph 

(2) and with respect to which a State established improvement 

goals under subsection (a)(1)(A)(i), shall— 

‘‘(A) in a case in which the local educational agency fails 

to meet its 2 year improvement goals established under 

such subsection, use all funds made available through the 

subgrant to carry out the activities described in section 

2112(b)(5); 

‘‘(B) in a case in which the local educational agency fails 

to meet its 4 year improvement goals established under 

such subsection— 

‘‘(i) receive a subgrant from the State under subpart 

2 equal to not more than 50 percent of the subgrant 

received by the local educational agency in the preceding year under such subpart; and 

‘‘(ii) make non-Federal contributions in an amount 

equal to not less than the Federal funds provided 

under the subgrant; and 

‘‘(C) in a case in which the local educational agency fails 

to meet its 5 year improvement goals established under 

such subsection, the local educational agency shall be prohibited from receiving a subgrant subpart 2. 

‘‘(2) DESCRIPTION OF LOCAL EDUCATIONAL AGENCIES.—A local 

educational agency described in this paragraph is a local educational agency that— 

‘‘(A) before the evaluation system is established under 

this part, students in high poverty and high minority 

schools are being taught at higher rates by teachers rated 

in the lowest two quartiles based on the combined measure 

established under section 2112(b)(5)(C) compared to students in low poverty and low minority schools; and 

‘‘(B) once the evaluation system is established, that students in high poverty and high minority schools are being 

taught at higher rates by teachers rated in one of the two 

lowest rating categories under the local educational agency’s evaluation system comparable to students in low poverty and low minority schools. 

‘‘(3) EXCEPTION.—Paragraph (1) shall not apply to high poverty and high minority schools where students are being 

taught at higher rates by teachers rated in one of the two lowest rating categories under the local educational agency’s evaluations system compared to students in low poverty and low 

minority schools in the local educational agency if the performance of the high poverty or high minority school’s students, including each group of students described in section 

1111(b)(2)(C)(v)(II), on the State’s annual student academic assessments has exceeded the statewide average performance for 

students overall in that subject for at least the previous 2 

years. 


tjames on DSK6SPTVN1PROD with REPORTS
139 

‘‘(4) INAPPLICABILITY.—This section shall not apply to a local 

education agency that does not have more than one building 

for each grade span. 

‘‘(5) TRANSITIONAL COMPLIANCE.—Beginning on the date of 

enactment of the Student Success Act, for no more than 4 full 

school years a local educational agency shall be deemed to be 

in compliance with this section for any school year, if the 

teachers hired to fill vacancies in local education agencies 

served under this part, improve the equity in distribution of 

teachers rated in the highest rating categories between students served by high poverty or high minority schools and students served by low poverty or low minority schools as described in paragraph (2). 

‘‘(6) WAIVER.—A local education agency may apply to the 

Secretary for a temporary waiver of the requirements of this 

section in the case of a natural disaster or unpredictable or significant personnel assignments that occur after the beginning 

of a school year that would affect determination of compliance 

with this section. 

‘‘(7) RULES OF CONSTRUCTION.—Nothing in this section shall 

be construed to require a local education agency to transfer 

school personnel in order to comply with this section. 

‘‘Subpart 5—Public Reporting 

‘‘SEC. 2151. PUBLIC REPORTING. 

‘‘(a) IN GENERAL.— ‘‘(1) STATE REPORT CARD.—Each State that receives a grant 

under subpart 1 shall annually submit to the Secretary, and 

make public, a State report card on program performance and 

results under the grant, in a manner prescribed by the Secretary and containing, analyzing, and updating the information 

required under subsection (b). 

‘‘(2) LOCAL EDUCATIONAL AGENCY REPORT.—Each local educational agency that receives a subgrant under subpart 2 shall 

annually submit to the State, and make public— 

‘‘(A) a report on the local educational agency’s program 

performance and results under the subgrant, in a manner 

prescribed by the State or the Secretary, containing, analyzing, and updating the information required under subsection (c); and 

‘‘(B) the notifications to parents described in subsection 

(d). 

‘‘(3) PRIVACY.—Information required under this subpart shall 

be collected, reported, and disseminated in a manner that protects the privacy of individuals. 

‘‘(b) STATE REPORT CARD REQUIREMENTS.—Each State described 

in subsection (a)(1) shall report the following information in accordance with such subsection: 

‘‘(1) With respect to the State overall and for each local educational agency State, disaggregated by poverty quartile and 

minority quartile— 

‘‘(A) the number and percentage of teachers and principals, for each grant year, who— 

‘‘(i) are classified as qualified; 


tjames on DSK6SPTVN1PROD with REPORTS
140 

‘‘(ii) are rated at each level under a local educational 

agency’s evaluation system consistent with the requirements of section 2112(b)(1); 

‘‘(iii) have taught for less than one full school year; 

and 

‘‘(iv) have demonstrated content knowledge in the 

subject or subjects the teachers are assigned to teach; 

‘‘(B) with respect to middle and high schools, the percentage of core academic courses taught by teachers who 

have met State licensure requirements for that course; 

‘‘(C) information required under equitable distribution 

plans for the State and each local educational agency 

under sections 2112(b)(5) and 2123(a), respectively; 

‘‘(D) staff retention rates differentiated by performance 

levels as rated under the local educational agency’s evaluation system; and 

‘‘(E) any other performance measures the State is using 

to measure the performance of local educational agencies 

that receive a subgrant under subpart 2. 

‘‘(2) Results of the data collection reporting under section 

2112(b)(7). 

‘‘(3) Progress towards meeting the equitable distribution requirements under section 2112(b)(5). 

‘‘(4) Results of the assessment of educator support and working conditions described in section 2112(b)(3). 

‘‘(5) Results of the needs assessment required under subpart 

2 by each school in the State and compared to the rubric which 

was used to conduct the needs assessment. 

‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT CARD REQUIREMENTS.—Each local educational described in subsection (a)(2) shall 

report the following information, for each grant year, in accordance 

with such subsection: 

‘‘(1) With respect to the local educational agency overall and 

for schools in the agency by poverty quartile and minority 

quartile— 

‘‘(A) the number and percentage of teachers and principals, for each grant year, who— 

‘‘(i) are classified as qualified; 

‘‘(ii) are rated at each level under a local educational 

agency’s evaluation system consistent with the requirements of section 2112(b)(1); 

‘‘(iii) have taught for less than one full school year; 

and 

‘‘(iv) have demonstrated content knowledge in the 

subject or subjects the teachers are assigned to teach; 

and 

‘‘(B) with respect to middle school and high school, the 

percentage of core academic courses taught by teachers 

who have met State licensure requirements for that 

course. 

‘‘(d) PARENTS’ RIGHT TO KNOW.—Each local educational agency 

that receives a subgrant under subpart 2 shall ensure that each 

school served by the local educational agency provides, on an annual basis and at the beginning of the school year— 


tjames on DSK6SPTVN1PROD with REPORTS
141 

‘‘(1) written notification to the parent of each student who 

has, for 2 consecutive years, been assigned a teacher rated in 

the lowest rating category on the local educational agency’s 

evaluation system, that such student has been so assigned; and 

‘‘(2) a description of— 

‘‘(A) the supports the school and local educational agency 

will offer the student to compensate for the teacher assignment; 

‘‘(B) the local educational agency’s plan for ensuring this 

assignment pattern does not continue; and 

‘‘(C) the teacher’s qualified status based on the definition 

under section 2002(5), including whether the teacher 

meets the status based on the requirement in subparagraph (A)(v) of such section. 

‘‘PART B—TEACHER AND LEADER INNOVATION 

FUND 

‘‘SEC. 2201. TEACHER AND LEADER INNOVATION FUND. 

‘‘The purpose of this part is to support States and local educational agencies in improving the effectiveness of their teachers 

and school leaders, especially those teachers and school leaders 

working in high-need schools, by creating the conditions needed to 

identify, recruit, prepare, retain, reward, and advance effective 

teachers, principals, and school leadership teams in such schools. 

‘‘SEC. 2202. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—There are authorized to be appropriated 

$950,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years to carry out this 

part. 

‘‘(b) CONTINUATION.—From the funds made available under subsection (a), the Secretary may reserve funds to continue funding 

the Teacher Incentive Fund authorized under the fourth, fifth, and 

sixth provisos of the ‘Innovation and Improvement Account’ under 

title III of Public Law 109–149, in accordance with the terms and 

conditions of such Fund that were in effect on the day before the 

enactment of the Student Success Act. 

‘‘SEC. 2203. GRANTS. 

‘‘(a) IN GENERAL.—From the funds made available under section 

2202 and not reserved under subsection (b) of such section, for each 

fiscal year, the Secretary shall award grants, on a competitive 

basis, to eligible entities to carry out the purpose of this part. 

‘‘(b) ELIGIBLE ENTITY.—In this part, the term ‘eligible entity’ 

means— 

‘‘(1) a State educational agency or a consortium of such agencies; 

‘‘(2) a high-need local educational agency or a consortium of 

such agencies; 

‘‘(3) one or more of the entities described in paragraphs (1) 

and (2) in partnership with one or more institutions of higher 

education, nonprofit organization,; or educational service agencies; or 


tjames on DSK6SPTVN1PROD with REPORTS
142 

‘‘(4) an entity described in paragraph (1) in partnership with 

1or more local educational agencies at least one of which is a 

high-need local educational agency. 

‘‘(c) DURATION.—The Secretary shall award a grant under this 

part to an eligible entity for an initial period of not more than 3 

years, and may renew the grant for up to an additional 2 years if 

the Secretary finds that the eligible entity is achieving the objectives of the grant and has shown improvement against baseline 

measures on performance indicators. 

‘‘SEC. 2204. APPLICATIONS. 

‘‘(a) IN GENERAL.—Each eligible entity that desires a grant under 

this part shall submit an application to the Secretary at such time, 

in such manner, and containing such information and assurances 

as the Secretary may reasonably require. 

‘‘(b) CONTENTS.—Each application submitted under this section 

shall contain— 

‘‘(1) a description of— 

‘‘(A) how the eligible entity will differentiate levels of 

teacher and principal performance by effectiveness, and 

the criteria it will use to determine that differentiation, 

which shall include the use of evidence of student learning 

as a significant factor, as well as other measures; and 

‘‘(B) how that differentiation will be— 

‘‘(i) consistent with the teacher and principal evaluation system that meets the requirements of section 

2112(b)(1); and 

‘‘(ii) used by the local educational agency served by 

the eligible entity to make decisions about professional 

development and retention; 

‘‘(2) a description of the rigorous performance standards that 

the eligible entity has established, or will establish, within 2 

years of the date of enactment of Student Success Act, that will 

be used to evaluate performance; 

‘‘(3) a plan, developed with appropriate stakeholders, setting 

forth the activities to be implemented under the grant and how 

those activities will be aligned with the results of— 

‘‘(A) an analysis of workforce data (including teacher and 

principal surveys) that identifies strengths and weaknesses in the working conditions provided to teachers, 

school leaders, and other school personnel and the current 

and future staffing needs within the State or local educational agency; 

‘‘(B) a public review of any State or local educational 

agency statutes, policies, and practices, including employment policies and practices that pose a barrier to staffing 

schools, particularly high-need schools, with teachers and 

principals who have been rated in the highest rating categories; 

‘‘(C) an analysis of the effectiveness and the cost-effectiveness of applicable State or local educational agency 

policies and practices related to increasing teacher and 

principal effectiveness; 

‘‘(D) an analysis of the alignment of the policies and 

practices reviewed and analyzed under subparagraphs (B) 

and (C) with the goal of ensuring that educators are preVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00146 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
143 

pared to help all students achieve to college-and-careerready standards; and 

‘‘(E) as applicable, an analysis of the extent to which the 

local educational agency’s human capital strategies, including career advancement opportunities, salary schedules 

(including incentives for graduate credit and advanced degrees), and incentives, reward actions, and strategies that 

improve instruction and student learning; and 

‘‘(4) evidence of involvement and support for the proposed 

grant activities from— 

‘‘(A) in the case of an application from an eligible entity 

that includes a local educational agency or a consortium of 

such agencies, a local school board, teachers union (where 

there is a designated exclusive representative for the purpose of collective bargaining), teachers, principals, and 

other stakeholders; and 

‘‘(B) in the case of an application from a State educational agency or consortium of such agencies, the State 

board of education, State agency for higher education, any 

participating local educational agency, and other stakeholders. 

‘‘(c) SELECTION CRITERION.—In making grants under this part, 

the Secretary shall consider the extent to which the eligible entity’s 

activities that are carried out through a grant under part A or 

through State and local funds are aligned with the entity’s plan 

under subsection (b)(3) and the purpose of this part. 

‘‘(d) PRIORITY.—The Secretary shall give priority to applications 

that address particular needs in improving the effectiveness of the 

education workforce in high-need schools or the needs of local educational agencies to fill positions in high-need fields and subjects. 

‘‘SEC. 2205. USE OF FUNDS. 

‘‘(a) IN GENERAL.—A eligible entity under this part— 

‘‘(1) shall use its grant funds for activities to— 

‘‘(A) improve the use of teacher and principal effectiveness information, which shall include, once a local educational agency has adopted an evaluation system as described in section 2112(b)(1), using such evaluation results 

in consequential decisionmaking, including in— 

‘‘(i) paying bonuses and increased salaries, if the eligible entity uses an increasing share of non-Federal 

funds to pay the bonuses and increased salaries each 

year of the grant, to highly effective teachers or principals who work in high-need schools; 

‘‘(ii) activities under sections 2112 and 2122; 

‘‘(iii) reforming the local educational agency’s system 

of compensating teachers and principals; and 

‘‘(iv) developing and implementing a human capital 

system; and 

‘‘(B) improve teacher and school-leader compensation 

and career-development systems, which may include instituting performance pay, career advancement systems (such 

as career ladders or incentives for assuming additional 

roles and responsibilities intended to improve student academic achievement), or market-based compensation for a 

high-need school; and 


tjames on DSK6SPTVN1PROD with REPORTS
144 

‘‘(2) may use its grant funds for activities to— 

‘‘(A) help ensure that high-need and low-performing 

schools are staffed more effectively and efficiently, such as 

through— 

‘‘(i) the implementation or use of earlier hiring 

timelines; 

‘‘(ii) more effective recruitment strategies (including 

strategies for recruiting candidates from underrepresented groups); 

‘‘(iii) more selective screening; and 

‘‘(iv) data systems for tracking attendance, teacher 

and principal evaluation results, tenure decisions, participation in professional development, and the results 

of that participation; 

‘‘(B) recruit, prepare, support, and evaluate principals 

who serve in high-need or low-performing schools; and 

‘‘(C) recruit and retain teachers and leaders in rural and 

remote areas. 

‘‘(b) STATE GRANTEES.—A State educational agency that is a 

grantee under this part shall use its grant funds for activities to— 

‘‘(1) modify State policies and practices, as needed, to enable 

local educational agencies to carry out their activities under 

subsection (a); 

‘‘(2) develop and implement improvements to the State’s certification or licensure requirements, which shall include using 

teacher and principal evaluation results in certification or licensure decisions (such as by making them a significant factor 

in the granting of a full certification or license); and 

‘‘(3) implement a human capital system, including pre-service programs providing teachers and principals to schools within the State, that increases the numbers of highly effective 

teachers and principals, particularly in high-need schools by— 

‘‘(A) identifying, recruiting, training, hiring, and placing 

individuals who are or are most likely to be highly effective teachers and principals; 

‘‘(B) distributing highly effective teachers and principals 

strategically to high need schools; 

‘‘(C) providing highly effective teachers and principals 

with support and development opportunities focused on increasing student achievement; and 

‘‘(D) retaining highly effective teachers and principals 

over time by creating school environments that enable excellent teaching including through strategies such as distributed leadership, time for collaboration and use of student data for internal professional development. 

‘‘PART C—GENERAL PROVISIONS 

‘‘SEC. 2301. PROHIBITION AGAINST INTERFERENCE WITH STATE AND 

LOCAL LAWS AND AGREEMENTS. 

‘‘Nothing in this title 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 as well as requirements that local educational agencies negotiate and or meet and 


tjames on DSK6SPTVN1PROD with REPORTS
145 

confer in good faith) or under the terms of collective bargaining 

agreements, memoranda of understanding, or other agreements between such employers and their employees. 

‘‘SEC. 2302. PROTECTING THE INTEGRITY OF EVALUATION SYSTEMS. 

‘‘No State or local educational agency receiving funding under 

this title shall publicly report personally identifiable information 

included in an individual teacher or principal evaluation, including 

information that can be used to distinguish an individual’s identity 

when combined with other personal or identifying information.’’. 

SEC. 202. HEA CONFORMING AMENDMENTS. 

(a) QUALIFIED TEACHER.—The Higher Education Act of 1965 (20 

U.S.C. 1001 et seq.) is amended— 

(1) in section 200 (20 U.S.C. 1021)— 

(A) by amending paragraph (13) to read as follows: 

‘‘(13) QUALIFIED.—The term ‘qualified’ has the meaning 

given the term ‘qualified teacher’ in section 2002(5), as amended by section 201 of the Student Success Act. 

‘‘(B) in paragraph (17)(B)(ii), by striking ‘highly qualified’ 

and inserting ‘qualified’; and 

‘‘(C) in paragraph (22)(D)(i), by striking ‘highly qualified’ 

and inserting ‘qualified’.’’; 

(2) in section 201(3) (20 U.S.C. 1022(3)), by striking ‘‘highly 

qualified teachers’’ and inserting ‘‘qualified teachers’’; 

(3) in section 202 (20 U.S.C. 1022)— 

(A) in subsection (b)(6)(H), by striking ‘‘highly qualified 

teachers’’ and inserting ‘‘qualified teachers’’; 

(B) in subsection (d)— 

(i) in paragraph (1)— 

(I) in subparagraph (A)(i)(I), by striking ‘‘highly 

qualified’’ and inserting ‘‘qualified’’; and 

(II) in subparagraph (B)(iii), by striking ‘‘highly 

qualified’’ and inserting ‘‘qualified’’; and 

(ii) in paragraph (5), by striking ‘‘highly qualified 

teachers’’ and inserting ‘‘qualified teachers’’; and 

(C) in subsection (e)(2)(C)(iii)(IV), by striking ‘‘highly 

qualified teacher, as defined in section 9101,’’ and inserting ‘‘qualified teacher, as defined in section 2002(5), as 

amended by section 201 of the Student Success Act’’; 

(4) in section 204(a)(4) (20 U.S.C. 1022c) by striking ‘‘highly 

qualified teachers’’ each place it appears and inserting ‘‘qualified teachers’’; 

(5) in section 205(b)(1)(I) (20 U.S.C. 1022d(b)(1)(I)), by striking ‘‘highly qualified teachers’’ and inserting ‘‘qualified teachers’’; 

(6) in section 207(a)(1) (20 U.S.C. 1022f(a)(1)), by striking 

‘‘highly qualified teachers’’ and inserting ‘‘qualified teachers’’; 

(7) in section 208(b) (20 U.S.C. 1022g(b)), by striking ‘‘highly 

qualified’’ each place it appears and inserting ‘‘qualified’’; 

(8) in section 242(b) (20 U.S.C. 1033a), by striking ‘‘highly 

qualified’’ each place it appears and inserting ‘‘qualified’’; 

(9) in section 251(b) (20 U.S.C. 1034(b)), by striking ‘‘highly 

qualified’’ each place it appears and inserting ‘‘qualified’’; and 


tjames on DSK6SPTVN1PROD with REPORTS
146 

(10) in section 258(d)(1) (20 U.S.C. 1036(d)(1)), by striking 

‘‘highly qualified’’ and inserting ‘‘qualified’’.such partner institution. 

(c) DEFINITIONS.—Section 200 of the Higher Education Act of 

1965 (20 U.S.C. 1021) is amended— 

(1) by amending paragraph (6) to read as follows: 

‘‘(6) ELIGIBLE PARTNERSHIP.—Except as otherwise provided in 

section 251, the term ‘eligible partnership’ means an entity 

that— 

‘‘(A) shall include— 

‘‘(i) a high-need local educational agency; 

‘‘(ii)(I) a high-need school or a consortium of highneed schools served by the high-need local educational 

agency; or 

‘‘(II) as applicable, a high-need early childhood education program; or 

‘‘(iii)(I) the following entities— 

‘‘(aa) a partner institution. 

‘‘(bb) a school, department, or program of education within such partner institution, which may 

include an existing teacher professional development program with proven outcomes within a 4- 

year institution of higher education that provides 

intensive and sustained collaboration between faculty and local educational agencies consistent with 

the requirements of this title; and 

‘‘(cc) a school or department of arts and sciences 

within such partner institution; or 

‘‘(II) an entity operating a program that provides alternative routes to State certification of teachers that 

has a teacher preparation program— 

‘‘(aa) whose graduates exhibit strong performance on State-determined qualifying assessments 

for new teachers through demonstrating that 80 

percent or more of the graduates of the program 

who intend to enter the field of teaching have 

passed all of the applicable State qualification assessments for new teachers, which shall include 

an assessment of each prospective teacher’s subject matter knowledge in the content area in 

which the teacher intends to teach; and 

‘‘(bb) that requires each student in the program 

to meet high academic standards or demonstrate 

a record of success, as determined by the institution (including prior to entering and being accepted into a program), and participate in intensive 

clinical experience, and each student in the program is preparing to become a qualified teacher; 

and 

‘‘(B) may include any of the following: 

‘‘(i) The Governor of the State. 

‘‘(ii) The State educational agency. 

‘‘(iii) The State board of education. 

‘‘(iv) The State agency for higher education. 

‘‘(v) A business. 


tjames on DSK6SPTVN1PROD with REPORTS
147 

‘‘(vi) A public or private nonprofit educational organization. 

‘‘(vii) An educational service agency. 

‘‘(viii) A teacher organization. 

‘‘(ix) A high-performing local educational agency, or 

a consortium of such local educational agencies, that 

can serve as a resource to the partnership. 

‘‘(x) A charter school (as defined in section 5210). 

‘‘(xi) A school or department within a partner institution that focuses on psychology and human development. 

‘‘(xii) A school or department within a partner institution with comparable expertise in the disciplines of 

teaching, learning, and child and adolescent development. 

‘‘(xiii) An entity operating a program that provides 

alternative routes to State certification of teachers. 

‘‘(xiv) A school, department, or program of education 

within a partner institution. 

‘‘(xv) A school or department of arts and sciences 

within a partner institution.’’; 

(2) by amending paragraph (10) to read as follows: 

‘‘(10) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

′′high-need local educational agency has the meaning given 

such term in section 2002(4), as amended by section 201 of the 

Student Success Act.’’; 

(3) by amending paragraph (14) to read as follows: 

‘‘(14) INDUCTION PROGRAM.—The term ‘induction program’ 

has the meaning given the term ‘induction’ in section 2002(6), 

as amended by section 201 of the Student Success Act.’’; and 

(4) by amending paragraph (21) to read as follows: 

‘‘(21) TEACHER MENTORING.—The term ‘teacher mentoring’ 

has the meaning given the term ‘mentoring’ in section 2002(7), 

as amended by section 201 of the Student Success Act.’’. 

(d) PURPOSE.—Section 201 of the Higher Education Act of 1965 

(20 U.S.C. 1022) is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (3); 

(2) by striking the period and inserting ‘‘; and’’ at the end of 

paragraph (4); and 

(3) by inserting at the end the following: 

‘‘(5) improve teacher effectiveness.’’. 

(e) PARTNERSHIP GRANTS.—Section 202 of the Higher Education 

Act of 1965 (20 U.S.C. 1022a) is amended— 

(1) in subsection (b)(6)— 

(A) in subparagraph (E)(ii), by striking ‘‘student academic’’ and inserting ‘‘college-and-career ready student 

academic’’; 

(B) in subparagraph (H)— 

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

‘‘or alternative route entity’’ after ‘‘partner institution’’; 

(ii) in clause (i), by striking ‘‘that incorporate’’ and 

all that follows through ‘‘instruction’’ and inserting 

‘‘consistent with part A of title IV of the Elementary 

and Secondary Education Act of 1965’’; 


tjames on DSK6SPTVN1PROD with REPORTS
148 

(iii) in clause (i), insert ‘‘and other educators, including mutli-tiered systems of support and universal design for learning, as described in section 5429(b)(21)’’ 

after ‘‘secondary school teachers’’; 

(iv) in clause (ii), insert ‘‘ and writing instruction’’ 

after ‘‘reading’’; and 

(v) after clause (ii) insert the following: 

‘‘(iii) provide high-quality professional development 

activities to strengthen the instructional and leadership skills of elementary school and secondary school 

principals and district superintendents, if the partner 

institution has a principal preparation program;’’; 

(C) by redesignating subparagraphs (I) through (K) as 

subparagraphs (J) through (L), respectively; and 

(D) by inserting after subparagraph (H), the following: 

‘‘(I) how the partnership will prepare teachers to use 

data to analyze student performance and adjust teaching 

practices to improve student achievement;’’; and 

(2) in subsection (d)(6)(A), by striking ‘‘that incorporate the 

essential components of literacy instruction’’ and inserting 

‘‘aligned with part A of title IV of the Elementary and Secondary Education Act of 1965’’. 

(f) ADMINISTRATIVE PROVISIONS.—Section 203(b)(2)(A) of the 

Higher Education Act of 1965 (20 U.S.C. 1022b(b)(2)(A)) is amended by inserting ‘‘or alternative route entity’’ after ′′institution of 

higher education 

(g) ACCOUNTABILITY AND EVALUATION.—Section 204(a) of the 

Higher Education Act of 1965 (20 U.S.C. 1022c) is amended— 

(1) by redesignating paragraphs (3) and (4) as paragraphs (4) 

and (5), respectively; and 

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

‘‘(3) teachers rated as at least effective by a teacher evaluation system that meets the requirements of section 2112(b)(1), 

as amended by section 201 of the Student Success Act;’’. 

(h) INFORMATION ON PREPARATION PROGRAMS.—Section 205(b)(1) 

of the Higher Education Act of 1965 (20 U.S.C. 1022d(b)) is amended— 

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

‘‘teacher preparation program’’ and inserting ‘‘teacher and 

school leader preparation program’’; and 

(2) by adding at the end the following: 

‘‘(M) Within 3 years of the date of enactment of the Student Success Act, information on the impact of each program’s graduates on the student achievement of the students that such graduates teach, if that information is 

available. 

‘‘(N) The percentage of each program’s graduates who 

teach in a high-need school. 

‘‘(O) The percentage of each program’s graduates who 

are prepared to teach a high-need subject. 

‘‘(P) The percentage of each program’s graduates who become effective and highly effective teachers or principals 

according to such graduates’ ratings by the local educational agency’s teacher evaluation system that meets the 

requirements of section 2112(b)(1) of the Elementary and 


tjames on DSK6SPTVN1PROD with REPORTS
149 

Secondary Education Act of 1965, as amended by section 

201 of the Student Success Act. 

‘‘(Q) The 3-year retention rate of each program’s graduates who become effective and highly effective teachers or 

principals according to such graduates’ ratings by such 

system.’’. 

TITLE III—LANGUAGE INSTRUCTION 

FOR LIMITED ENGLISH PROFICIENT 

AND IMMIGRANT STUDENTS 

SEC. 301. LANGUAGE INSTRUCTION. 

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

(1) in section 3001, by striking ‘‘fiscal year 2002’’ and inserting ‘‘fiscal year 2014’’ each place it appears; 

(2) by striking ‘‘No Child Left Behind Act of 2001’’ and inserting ‘‘Student Success Act’’ each place it appears; 

(3) in section 3244, by striking ‘‘2002 through 2008’’ and inserting ‘‘2014 through 2020’’; 

(4) by striking ‘‘adequate yearly progress’’ and inserting 

‘‘progress’’ each place it appears; 

(5) in sections 3102(8)(B), 3113(b)(5)(B), and 3116(b)(3)(B), by 

striking ‘‘, as described in section 1111(b)(2)(B)’’; 

(6) in section 3122(a)(3)(A)(iii), by striking ‘‘as described in 

section 1111(b)(2)(B)’’; 

(7) by repealing section 3122; 

(8) in section 3111(b)(2)(D), by striking ‘‘annual measurable 

achievement objectives pursuant to section 3122’’ and inserting 

‘‘performance targets described in section 1111(c)’’; 

(9) in sections 3113(b), 3116(b), 3121(d)(3), and 3302(b), by 

striking ‘‘annual measurable achievement objectives described 

in section 3122’’ and inserting ‘‘performance targets described 

in section 1111(c)’’ each place it appears; 

(10) in section 3122, by striking ‘‘annual measurable achievement objectives’’ and inserting ‘‘performance targets’’ each 

place it appears; 

(11) by striking ‘‘section 1111(b)(7)’’ and inserting ‘‘section 

1111(b)(3)(F)’’ each place it appears; and 

(12) by striking ‘‘section 1111(b)(1)’’ and inserting ‘‘section 

1111(b)(4)’’ each place it appears. 

TITLE IV—21ST CENTURY SCHOOLS 

SEC. 401. 21ST CENTURY SCHOOLS. 

Title IV (20 U.S.C. 7101 et seq.) is amended to read as follows: 


tjames on DSK6SPTVN1PROD with REPORTS
150 

‘‘TITLE IV—21ST CENTURY SCHOOLS 

‘‘PART A—21ST CENTURY LEARNING PARTNERSHIPS

‘‘SEC. 4001. PURPOSE. 

‘‘The purpose of this part is to provide opportunities for communities to establish or expand activities through learning partnerships that— 

‘‘(1) provide opportunities for academic enrichment, increased 

academic achievement, and student success in schools by providing students with additional learning time for more expansive, relevant and rigorous learning opportunities, including 

opportunities to catch students up in their coursework, and 

help students accelerate their learning; 

‘‘(2) provide a broad array of additional services, programs 

and activities for a well-rounded education, including youth development activities, art, music, outdoor and recreation programs, technology education programs, and character education programs that are designed to reinforce and compliment 

the regular academic program for participating students; 

‘‘(3) provide teachers and staff in learning partnerships with 

increased opportunities to work collaboratively, and to participate in professional planning and professional development, 

within and across grades and subjects to improve teaching and 

learning; 

‘‘(4) provide students with safe learning environments and 

additional resources to increase student engagement in school; 

and 

‘‘(5) offer families of students served by partnerships opportunities for literacy development and related educational development. 

‘‘SEC. 4002. ALLOTMENT TO STATES. 

‘‘(a) RESERVATION.—From the funds appropriated under section 

4009 for any fiscal year, the Secretary shall reserve not more than 

1 percent for payments to the outlying areas and the Bureau of Indian Affairs, to be allotted in accordance with their respective 

needs for assistance under this part, as determined by the Secretary, to enable the outlying areas and the Bureau to carry out 

the purpose of this part. 

‘‘(b) STATE ALLOTMENTS.— ‘‘(1) DETERMINATION.—From the funds appropriated under 

section 4009 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 subsection. 


tjames on DSK6SPTVN1PROD with REPORTS
151 

‘‘SEC. 4003. STATE ACTIVITIES. 

‘‘(a) IN GENERAL.—A State educational agency may use not more 

than 5 percent of the amount made available to the State under 

section 4002(b) for— 

‘‘(1) the administrative costs of carrying out its responsibilities under this part; and 

‘‘(2) providing technical assistance as described in subsection 

(b) to learning partnerships; 

‘‘(b) TECHNICAL ASSISTANCE.— 

‘‘(1) IN GENERAL.—The technical assistance described in this 

paragraph includes the following: 

‘‘(A) Assisting learning partnerships who are prioritized 

in section 4005(g) including rural and urban schools by— 

‘‘(i) informing those learning partnerships that are 

prioritized in section 4005(g) that they have a priority 

for competing for grants under section 4005; 

‘‘(ii) providing technical assistance to the learning 

partnership for the development of the applications 

described in section 4005(b), including assisting the 

learning partnership in identifying which elementary 

schools and secondary schools to serve; 

‘‘(iii) providing technical assistance to the learning 

partnership if they do not receive a grant under section 4005 so that they may re-compete in following 

competitions; 

‘‘(B) Assisting each learning partnership that receives an 

award under section 4005 to plan and implement additional learning time with such funds, including assisting 

the learning partnership in— 

‘‘(i) determining how to implement additional learning time in the schools the learning partnership intends to serve based on the results of the needs assessment described in section 4005(b)(2)(C)(i); 

‘‘(ii) identifying additional community partners, 

which may include multicounty public entities, and resources that may be utilized to implement the additional learning time; 

‘‘(iii) strengthening the existing partnerships of the 

learning partnership, identifying appropriate roles for 

each of the partners in the implementation of additional learning time in schools served by the learning 

partnership, and ensuring that the partnership is effective in maintaining strong communication, information sharing, and joint planning and implementation; 

‘‘(C) Identifying best practices for professional development for teachers and staff in learning partnerships receiving funding under this part to implement the authorized activities described in section 4006. 

‘‘(D) Identifying best practices for using additional learning time to improve academic enrichment, and student 

academic achievement in schools, and providing technical 

assistance to the learning partnership in using such best 

practices to implement and improve additional learning 

time initiatives. 


tjames on DSK6SPTVN1PROD with REPORTS
152 

‘‘(E) Providing guidance on how to provide programs that 

are age appropriate and address the varying needs of students in elementary (including preschool), middle, and diploma granting schools. 

‘‘(2) SUBGRANTS FOR TECHNICAL ASSISTANCE.—A State educational agency may use a portion of the funds described in 

paragraph (1) to award subgrants to entities including intermediaries, educational service agencies or other public entities 

with demonstrated expertise in additional learning time capacity building, or evaluation to carry out the technical assistance 

described in subparagraph (A). 

‘‘SEC. 4004. STATE APPLICATION. 

‘‘(a) IN GENERAL.—In order to receive an allotment under section 

4002(b) for any fiscal year, a State educational agency shall submit 

to the Secretary, at such time and in such manner 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, 

in making awards under section 4005, will give priority to 

learning partnerships that propose to serve— 

‘‘(A) students attending schools in need of improvement 

and persistently low-achieving schools; 

‘‘(B) schools with a high number or percentage of students that are eligible for free or reduced price lunch 

under the Richard B. Russell School Lunch Act (42 U.S.C. 

1751 et seq.); 

‘‘(4) describes the peer review process as described in section 

4005(e) and the selection criteria the State educational agency 

will use to evaluate applications from, and select, learning 

partnerships to receive awards under section 4005; 

‘‘(5) describes the steps the State educational agency will 

take to ensure that activities and programs carried out by 

learning partnerships using such awards— 

‘‘(A) implement evidence-based strategies; and 

‘‘(B) ensure learning partnerships have the capacity to 

implement high-quality additional learning time activities 

that are different from methods which have been proven 

ineffective during the regular school day; 

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

indicators under section 4007(a)(3) to measure the performance, on an annual basis, of learning partnerships, and 

‘‘(A) use outcomes from multiple indicators and not rely 

on one indicator in isolation; and 

‘‘(B) provide ongoing technical assistance and training 

and dissemination of promising practices; 

‘‘(7) provides an assurance that the State educational agency 

will set up a process to allow learning partnerships who receive an award under section 4005 and who operate a proven 

and effective program based on the measures of performance 


tjames on DSK6SPTVN1PROD with REPORTS
153 

described in paragraph (6) to recompete in their last year of 

funding for an additional 5-year cycle; 

‘‘(8) describes how the State educational agency will, to the 

extent practicable, distribute funds under this part equitably 

among geographic areas within the State, including urban and 

rural areas; 

‘‘(9) includes information identifying the per-pupil funding 

amount range the State educational agency will use to ensure 

that awards made under section 4005 are of sufficient size and 

scope to carry out the purposes of the award, 

‘‘(10) includes an assurance that in determining award 

amounts in accordance with paragraph (9), the State educational agency shall take into consideration— 

‘‘(A) diverse geographical areas; and 

‘‘(B) the quality of activities and programs proposed by 

learning partnerships applying for such awards; 

‘‘(11) provides an assurance that the application will be developed in consultation and coordination with appropriate 

State officials, including the chief State school officer, and 

other State agencies administering additional learning time, 

the heads of the State health and mental health agencies or 

their designees, teachers, parents, students, the business community, and community-based organizations; 

‘‘(12) describes how activities and programs carried out by 

the learning partnerships under this part will be coordinated 

with programs under this Act, and other programs as appropriate; 

‘‘(13) describes how the State educational agency will provide 

a fair and transparent competition for learning partnerships 

that apply for grant funds under section 4005(b); 

‘‘(14) provides an assurance that the State educational agency in determining grant awards to learning partnerships will 

award grants based solely on the quality of the application in 

relationship to the needs identified by the learning partnership 

through the needs assessment described in section 

4005(b)(2)(C)(i); and 

‘‘(15) provides for timely public notice of intent to file an application and an assurance that the application will be available for public review after submission. 

‘‘(b) DEEMED APPROVAL.—An application submitted by a State 

educational agency pursuant to subsection (a) shall be deemed to 

be approved by the Secretary unless the Secretary makes a written 

determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, 

that the application is not in compliance with this part. 

‘‘(c) DISAPPROVAL.—The Secretary shall not finally disapprove the 

application, except after giving the State educational agency notice 

and opportunity for a hearing. 

‘‘(d) NOTIFICATION.—If the Secretary finds that the application is 

not in compliance, in whole or in part, with this part, the Secretary 

shall— 

‘‘(1) give the State educational agency notice and an opportunity for a hearing; and 

‘‘(2) notify the State educational agency of the finding of noncompliance, and, in such notification, shall— 


tjames on DSK6SPTVN1PROD with REPORTS
154 

‘‘(A) cite the specific provisions in the application that 

are not in compliance; and 

‘‘(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. 

‘‘(e) RESPONSE.—If the State educational agency responds to the 

Secretary’s notification described in subsection (d)(2) during the 45- 

day period beginning on the date on which the agency received the 

notification, and resubmits the application with the requested information described in subsection (d)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— 

‘‘(1) the expiration of the 45-day period beginning on the date 

on which the application is resubmitted; or 

‘‘(2) the expiration of the 120-day period described in subsection (b). 

‘‘(f) FAILURE TO RESPOND.—If the State educational agency does 

not respond to the Secretary’s notification described in subsection 

(d)(2) during the 45-day period beginning on the date on which the 

agency received the notification, such application shall be deemed 

to be disapproved. 

‘‘SEC. 4005. LOCAL COMPETITIVE GRANT PROGRAM. 

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

this part shall reserve not less than 95 percent of the amount allotted to such State under section 4002(b), for each fiscal year for 

awards to learning partnerships under this section. 

‘‘(b) APPLICATION.— ‘‘(1) IN GENERAL.—To be eligible to receive an award under 

this part, a learning partnership 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 the following: 

‘‘(A) IMPLEMENTATION PLAN.—A description of the planning activities that will be conducted during the planning 

phase, if applicable, that shall include a budget for the 

planning activities; 

‘‘(B) ROLES AND RESPONSIBILITIES.—A description of the 

learning partnership and the roles and responsibilities of 

each of the partners of the learning partnership. 

‘‘(C) ADDITIONAL LEARNING TIME ACTIVITIES.—A description of— 

‘‘(i) the activities that will be carried out by the 

learning partnership during the additional learning 

time based solely on the learning partnership’s determination of the results of a needs assessment that 

considers— 

‘‘(I) school-wide needs, including planning time 

and instructional time for teachers and staff in 

the learning partnership; 

‘‘(II) individual student learning needs; 

‘‘(III) school and student safety; and 

‘‘(IV) the number of additional hours (during the 

regular school day or outside of the regular school 

day, as applicable) needed for supervised student 


tjames on DSK6SPTVN1PROD with REPORTS
155 

enrichment, determined through school, family, 

and community input; 

‘‘(ii) a description of how the learning partnership 

will align the activities described in this subparagraph 

with— 

‘‘(I) school improvement plans developed and 

implemented pursuant to section 1116, if applicable; 

‘‘(II) academic instruction that occurs during the 

regular school day at the school proposed to be 

served by the learning partnership; and 

‘‘(III) in the case of a learning partnership implementing additional learning time as described 

in section 4008(2)(B), school improvement efforts 

supported by other programs under this Act and 

other relevant State and local programs; 

‘‘(iii) the anticipated number of hours of additional 

learning time the average student will receive and 

how the number of hours are appropriate based on the 

needs assessment described in clause (i) and the requirements of (ii); 

‘‘(iv) the grade or grade spans (including preschool) 

to be served by the learning partnerships using award 

funds; 

‘‘(v) how students participating in the activities will 

travel safely to and from the additional learning time 

center and home, as applicable; and 

‘‘(vi) a description of how the learning partnership 

will ensure that staff employed by the learning partnership will coordinate to develop and implement activities described in this subparagraph using, in part, 

the data described in subparagraph (F). 

‘‘(D) SELECTION OF SCHOOLS.—A description of the process, considerations, and criteria the learning partnership 

will use to select schools to implement additional learning 

time programs and activities that shall take into account 

the priorities described in section 4005(g); 

‘‘(E) FACILITY ASSURANCE.—An assurance that the activities described in subparagraph (C) will take place in a safe 

and easily accessible facility and a description of how the 

learning partnership will disseminate information about 

the facility to the parents and community in a manner 

that is understandable and accessible; 

‘‘(F) DATA SHARING.—An assurance that relevant student 

level data will be shared within the learning partnership 

consistent with the requirements of section 444 of the General Education Provisions Act so that the activities described in subparagraph (C)(i) are aligned according to 

subparagraph (C)(ii). 

‘‘(G) PROFESSIONAL DEVELOPMENT ACTIVITIES.—A description of how the learning partnership will provide professional development to the staff employed by the learning partnership. 

‘‘(H) PUBLIC RESOURCES.—An identification of Federal, 

State, and local programs that will be combined or coordiVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00159 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
156 

nated with the additional learning time program to make 

the most effective use of public resources. 

‘‘(I) SUPPLEMENT, NOT SUPPLANT.—An assurance that 

funds under this section 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; 

‘‘(J) EXPERIENCE.—A description of past performance and 

record of effectiveness of the community based organization within the partnership in providing the activities described in subparagraph (C). 

‘‘(K) CONTINUATION AFTER FEDERAL FUNDING.—A description of a preliminary plan for how the additional 

learning time will continue when funding under this part 

ends. 

‘‘(L) CAPACITY.—An assurance that the learning partnership has the capacity to collect the data relevant to the indicators described under section 4007(a)(3). 

‘‘(M) NOTICE OF INTENT.—An assurance that the community of the learning partnership 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. 

‘‘(N) OTHER INFORMATION AND ASSURANCES.—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 section 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) NON-FEDERAL MATCH.— ‘‘(1) IN GENERAL.—A State educational agency shall require 

a learning partnership to match funds awarded under this 

part, except that such match may not exceed the amount of the 

grant award and may not be derived from other Federal funds. 

‘‘(2) SLIDING SCALE.—The amount of a match under paragraph (1) shall be established based on a sliding fee scale that 

takes into account— 

‘‘(A) the relative poverty of the population to be targeted 

by the learning partnership; and 

‘‘(B) the ability of the learning partnership to obtain 

such matching funds. 

‘‘(3) IN-KIND CONTRIBUTIONS.—Each State educational agency 

shall permit the community-learning partnership to provide all 

or any portion of such match in the form of in-kind contributions. 

‘‘(e) PEER REVIEW.—In reviewing local applications under this 

section, a State educational agency shall use a peer review process 

or other methods of assuring the quality of such applications. 

‘‘(f) DURATION OF AWARDS.—Grants under this section may be 

awarded for a period of 5 years. Learning partnerships that receive 


tjames on DSK6SPTVN1PROD with REPORTS
157 

funding under this section and who operate a proven and effective 

program based on the measures of performance established in section 4004(a)(6) shall be allowed to recompete in their last year of 

funding for an additional 5 year grant. 

‘‘(g) PRIORITY.—In awarding grants under this part, a State educational agency shall give priority to applications proposing to target services to— 

‘‘(1) students (including preschool students) who attend 

schools in need of improvement and persistently low-achieving 

schools; and 

‘‘(2) learning partnerships that propose to serve schools with 

a high percentage or number of students that are eligible for 

free and reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); 

‘‘SEC. 4006. LOCAL ACTIVITIES. 

‘‘(a) AUTHORIZED ACTIVITIES.— 

‘‘(1) IN GENERAL.—Each learning partnership that receives 

an award under section 4005 shall use the award funds to implement additional learning time activities that are consistent 

with section 4005(b)(2). 

‘‘(2) PLANNING PERIOD.—Each learning partnership may use 

funds under this section for a planning period of not longer 

than 6 months to develop an implementation plan described in 

section 4005(b)(2)(A) to carry out the additional learning time 

activities. 

‘‘SEC. 4007. REPORTING. 

‘‘(a) REPORT BY LEARNING PARTNERSHIPS.—Each learning partnership shall, not later than 1 year after the first day of the first 

school year in which the additional learning time is implemented, 

prepare and submit to the State educational agency a report— 

‘‘(1) containing a detailed description of the additional learning time activities that were carried out under this part; 

‘‘(2) with respect to each school served by the partnership— 

‘‘(A) on the actual expenses associated with, carrying out 

the additional learning time programs and activities in the 

first school year; and 

‘‘(B) a description of how the additional learning time 

programs and activities were implemented and whether 

such programs and activities were carried out during nonschool hours or periods when school is not in session or 

added to expand the school day, school week, or school 

year schedule; and 

‘‘(3) containing measures of performance, aggregated and 

disaggregated, on the following indicators— 

‘‘(A) student academic achievement as measured by— 

‘‘(i) high-quality State academic assessments; and 

‘‘(ii) student growth in accordance with student 

growth standards; 

‘‘(B) for diploma granting schools served by the learning 

partnerships, graduation rates; 

‘‘(C) student attendance; 

‘‘(D) performance on a set of comprehensive school performance indicators that may include— 


tjames on DSK6SPTVN1PROD with REPORTS
158 

‘‘(i) as appropriate, rate of earned on-time promotion 

from grade-to-grade; 

‘‘(ii) for high schools served by the learning partnerships, the percentage of students taking a college preparatory curriculum, or student rates of enrollment, 

persistence, and attainment of an associate or baccalaureate degree; 

‘‘(iii) the percentage of student suspensions and expulsions; 

‘‘(iv) indicators of school readiness for entering kindergartners; 

‘‘(v) evidence of increased parent and family engagement and support for children’s learning; 

‘‘(vi) evidence of increased student engagement in 

school, which may include completing of assignments 

and coming to class prepared; 

‘‘(vii) evidence of mastery of non-academic skills 

which may include problem solving, learning to work 

in teams, and social and civic responsibility; 

‘‘(viii) improved personal attitude, which may include initiative, self-confidence, self-esteem and sense 

of self-efficacy; and 

‘‘(ix) development of social skills, which may include 

behavior, communication, relationships with peers and 

adults. 

‘‘(b) REPORT BY STATE EDUCATIONAL AGENCY.—A State Educational Agency that receives funds under this part shall annually 

prepare and submit to the Secretary a report that contains all reports submitted by learning partnerships under the jurisdiction of 

the agency, aggregated and disaggregated, provided under subsection (a). 

‘‘(c) PUBLICATION AND AVAILABILITY OF THE REPORT.—The Secretary shall publish and make widely available to the public, including through a website or other means, a summary of the reports received under subsection (b). 

‘‘SEC. 4008. DEFINITIONS. 

‘‘In this part: 

‘‘(1) LEARNING PARTNERSHIP.—The term ‘learning partnership’ means— 

‘‘(A) a local educational agency, a consortium of local 

educational agencies, or an educational service agency and 

one or more local educational agencies, in a partnership 

with 1 or more community-based organizations or other 

public or private entities; or 

‘‘(B) a community-based organization, or other public or 

private entity, in a partnership with a local educational 

agency, a consortium of local educational agencies, or an 

educational service agency and one or more local educational agencies. 

‘‘(2) ADDITIONAL LEARNING TIME.—The term ‘additional 

learning time’ means— 

‘‘(A) time added during non-school hours or periods when 

school is not in session, such as before or after school or 

during summer recess for activities that— 


tjames on DSK6SPTVN1PROD with REPORTS
159 

‘‘(i) provide opportunities for student academic enrichment, including hands-on, experiential and projectbased learning opportunities for subjects including 

English, reading or language arts, mathematics, 

science, foreign languages, civics and government, economics, arts, history, geography, health education, 

physical education, environmental literacy, and activities such as tutoring and service learning that— 

‘‘(I) assist students in meeting State and local 

academic achievement standards in core academic 

subjects, 

‘‘(II) use evidence-based skill training approaches and active forms of learning to promote 

healthy development, and engage students in 

learning; 

‘‘(III) align and coordinate with the regular 

school day and school year curriculum; 

‘‘(IV) align to school improvement plans developed pursuant to section 1116, as applicable; and 

‘‘(V) align to the learning needs of individual 

students at the school served by the learning partnership; 

‘‘(ii) provide students with opportunities for personal 

and social development; 

‘‘(iii) serve the learning needs and interests of all 

students, including those who already meet or exceed 

student academic achievement standards as measured 

by high-quality State academic assessments, and especially those who may not be achieving at grade level 

in the traditional classroom setting; 

‘‘(iv) are developmentally and age appropriate; and 

‘‘(v) involve a broad group of stakeholders (including 

educators, parents, students, and community partners) 

in carrying out additional learning time programs and 

activities described in this subparagraph; or 

‘‘(B) time added to expand the school day, school week, 

or school year schedule, that— 

‘‘(i) increases the total number of school hours for 

the school year at a school based on evidence supporting the amount of additional learning time needed 

to achieve the objectives described in clause (ii); 

‘‘(ii) is used to redesign the school’s program and 

schedule— 

‘‘(I) to support innovation in teaching, in order 

to improve the academic achievement of students 

aligned to the school improvement plan, if applicable, especially those students who may not be 

achieving at grade level, in reading or language 

arts, mathematics, science, history and civics, and 

other core academic subjects; 

‘‘(II) to improve the performance of all students, 

including those students who are struggling to 

meet college and career ready standards or State 

early learning standards, as appropriate, and 

those students who already meet or exceed college 


tjames on DSK6SPTVN1PROD with REPORTS
160 

and career ready standards as measured by highquality State academic assessments; 

‘‘(III) for additional subjects and enrichment activities that reflect student interest, connect to effective community partners, and contribute to a 

well-rounded education, which may include music 

and the arts, health education, physical education, 

service learning, and experiential and work-based 

learning opportunities (such as community service, learning apprenticeships, internships, and job 

shadowing); 

‘‘(IV) to advance student learning by providing a 

learning environment and supporting learning activities that engage students, develop social skills, 

and cultivate positive personal attitude; and 

‘‘(V) for teachers and staff in learning partnerships to collaborate, and plan, within and across 

grades and subjects; 

‘‘(iii) provides school-wide services that are— 

‘‘(I) aligned to school improvement plans developed pursuant to section 1116, as applicable; and 

‘‘(II) aligned to individual student achievement 

needs as identified by the school-site staff at the 

school served by the community-learning partnership; and 

‘‘(iv) involve a broad group of stakeholders (including educators, parents, students and community partners) in planning and carrying out additional learning 

time programs and activities described in this subparagraph. 

‘‘SEC. 4009. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this part 

$1,200,000,000 for fiscal year 2014 and such sums as may be necessary for each succeeding fiscal year. 

‘‘PART B—GRANTS TO SUPPORT STUDENT SAFETY, HEALTH, AND

SUCCESS

‘‘SEC. 4201. PURPOSE. 

‘‘The purposes of this part are— 

‘‘(1) to support local educational agencies and schools in providing comprehensive systems of learning supports to students 

and their families so that students receive their education in 

safe environments and graduate from school college and career 

ready; 

‘‘(2) to enhance the ability of local educational agencies and 

schools to leverage resources within schools and within communities to improve instruction, strengthen programs, and 

identify gaps in existing programs for students; 

‘‘(3) to ensure the academic, behavioral, emotional, health, 

mental health, and social needs of all students, including students from low income families, students with disabilities, 

English learners, and youth who are involved in or who are 

identified by evidence-based risk assessment methods as being 


tjames on DSK6SPTVN1PROD with REPORTS
161 

at high risk of becoming involved in juvenile delinquency or 

criminal street gangs; 

‘‘(4) to support programs and activities that prevent violence 

in and around schools (including bullying and harassment), 

that prevent the illegal use of alcohol, tobacco, and drugs by 

students, and provide resources to foster a safe and drug-free 

learning environment to support student academic achievement; and 

‘‘(5) to enhance partnerships between schools, parents, and 

communities, and better support family and community engagement in education. 

‘‘SEC. 4202. RESERVATIONS AND ALLOTMENTS. 

‘‘(a) IN GENERAL.—From the amount made available under section 4210 to carry out this part for each fiscal year, the Secretary— 

‘‘(1) shall reserve 1 percent of such amount for grants to 

Guam, American Samoa, the United States Virgin Islands, to 

be allotted in accordance with the Secretary’s determination of 

their respective needs and to carry out programs described in 

this part; and 

‘‘(2) shall reserve 1 percent of such amount for the Secretary 

of the Interior to carry out programs described in this part for 

Indian youth. 

‘‘(b) STATE ALLOTMENTS.—Except as provided in subsection (a), 

the Secretary shall, for each fiscal year, allot among the States— 

‘‘(1) one-half of the remainder not reserved under subsection 

(a) according to the ratio between the school-aged population 

of each State and the school-aged population of all the States; 

and 

‘‘(2) one-half of such remainder according to the ratio between the amount each State received under section 1124A for 

the preceding year and the sum of such amounts received by 

all the States. 

‘‘(c) MINIMUM.—For any fiscal year, no State shall be allotted 

under this subsection an amount that is less than one-half of 1 percent of the total amount allotted to all the States under this subsection. 

‘‘(d) REALLOTMENT OF UNUSED FUNDS.— 

‘‘(1) REALLOTMENT FOR FAILURE TO APPLY.—If any State does 

not apply for an allotment under this part for a fiscal year, the 

Secretary shall reallot the amount of the State’s allotment to 

the remaining States in accordance with this section. 

‘‘(2) REALLOTMENT OF UNUSED FUNDS.—The Secretary may 

reallot any amount of any allotment to a State if the Secretary 

determines that the State will be unable to use such amount 

within 2 years of such allotment. Such reallotments shall be 

made on the same basis as allotments are made under subsection (b). 

‘‘SEC. 4203. STATE APPLICATIONS. 

‘‘(a) APPLICATION.—To receive a grant under this part, a State 

educational agency shall submit to the Secretary an application at 

such time and in such manner as the Secretary may require, and 

containing the information described in subsection (b). 

‘‘(b) CONTENTS.—Each application submitted under subsection (a) 

shall include the following: 


tjames on DSK6SPTVN1PROD with REPORTS
162 

‘‘(1) An assurance that the State educational agency will review existing resources and programs across the State and coordinate any new plans and resources under this part with 

such existing programs and resources. 

‘‘(2) A description of how the State educational agency will 

identify and eliminate State barriers to the coordination and 

integration of programs, initiatives, and funding streams so 

that local educational agencies can provide comprehensive continuums of learning supports. 

‘‘(3) A description of the State educational agency’s comprehensive school safety plan, which shall address bullying and 

harassment, provide for evidence-based and promising practices related to juvenile delinquency and criminal street gang 

activity prevention and intervention, address school-sponsored, 

off-premises, overnight field trips, disaster preparedness, and 

crisis and emergency management; and any other issues determined necessary by the State educational agency (existing 

plans may be used to satisfy the requirements of this section 

if such existing plans include the information required by this 

section, or can be modified to do so, and are submitted to the 

Secretary with such modifications) which— 

‘‘(A) shall be submitted to the Secretary not later than 

1 year after the enactment of the Student Success Act; 

‘‘(B) shall be developed in consultation with public safety 

and community partners, including police, fire, emergency 

medical services, emergency management agencies, parents, and other such organizations; 

‘‘(C) shall be made available to the public in a manner 

that is understandable and accessible; and 

‘‘(D) the State educational agency shall require all local 

educational agencies to adopt the plan within 1 year of approval (existing plans may be used to satisfy the requirements of this section if such existing plans are approved 

by the State educational agency and include the information required by this section, or can be modified to do so). 

‘‘(4) A description of how grant funds will be used to identify 

best practices for professional development for sustainable 

comprehensive program development. 

‘‘(5) A description of how the State educational agency will 

monitor the implementation of activities under this part, and 

provide technical assistance to local eligible entities. 

‘‘(6) A description of how the State educational agency will 

ensure subgrants to eligible entities will facilitate school-community planning and effective service coordination, integration, 

and provision at the local level to achieve high performance 

standards based on the system developed in paragraph (7). 

‘‘(7) A description of how the State educational agency will 

develop a system for reporting and measuring eligible entity 

performance, and assist eligible entities in developing and implementing systems for measuring performance based on the 

indicators in section 4208(a)(3). 

‘‘(8) An assurance that the State educational agency will set 

up a process to allow local eligible entities who receive an 

award under section 4206 and who operate a proven and effective program based on the measures of performance described 


tjames on DSK6SPTVN1PROD with REPORTS
163 

in paragraph (7) to recompete in their last year of funding for 

an additional 5-year cycle. 

‘‘(9) A description of the steps the State educational agency 

will take to ensure that activities and programs carried out by 

local eligible entities will implement evidence based strategies. 

‘‘(10) A description of how the number of youth involved in 

juvenile delinquency and criminal justice systems will not increase as a results of activities funded under this grant. 

‘‘(c) APPROVAL PROCESS.— ‘‘(1) DEEMED APPROVAL.—An application submitted by a 

State pursuant to this section shall undergo peer review by the 

Secretary and shall be deemed to be approved by the Secretary 

unless the Secretary makes a written determination, prior to 

the expiration of the 120-day period beginning on the date on 

which the Secretary received the application, that the application is not in compliance with this subpart. 

‘‘(2) DISAPPROVAL.—The Secretary shall not finally disapprove the application, except after giving the State educational agency and the chief executive officer of the State notice and an opportunity for a hearing. 

‘‘(3) NOTIFICATION.—If the Secretary finds that the application is not in compliance, in whole or in part, with this subpart, the Secretary shall— 

‘‘(A) give the State educational agency and the chief executive officer of the State notice and an opportunity for a 

hearing; and 

‘‘(B) notify the State educational agency and the chief executive officer of the State of the finding of noncompliance, 

and in such notification, shall— 

‘‘(i) cite the specific provisions in the application 

that are not in compliance; and 

‘‘(ii) request additional information, only as to the 

noncompliant provisions, needed to make the application compliant. 

‘‘(4) RESPONSE.—If the State educational agency and the 

chief executive officer of the State respond to the Secretary’s 

notification described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the 

notification, and resubmit the application with the requested 

information described in paragraph (3)(B)(ii), the Secretary 

shall approve or disapprove such application prior to the later 

of— 

‘‘(A) the expiration of the 45-day period beginning on the 

date on which the application is resubmitted; or 

‘‘(B) the expiration of the 120-day period described in 

paragraph (1). 

‘‘(5) FAILURE TO RESPOND.—If the State educational agency 

and the chief executive officer of the State do not respond to 

the Secretary’s notification described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed 

to be disapproved. 

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

construed to prohibit local educational agencies or individual 

schools from incorporating additional elements to the State-develVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00167 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
164 

oped comprehensive school safety plan to improve student and 

school safety reflective of the individual agency or school community. 

‘‘SEC. 4204. STATE USE OF FUNDS. 

‘‘(a) 95 PERCENT OF FUNDS.—Each State educational agency that 

receives a grant under this part shall reserve not less than 95 percent of the grant amount, for each fiscal year to award subgrants 

to local eligible entities in accordance with section 4206. 

‘‘(b) 5 PERCENT OF FUNDS.—A State educational agency shall use 

not more than 5 percent, of which not more than 1 percent may 

be used for administration of a grant received under this subpart 

or may subgrant a portion of such funds to educational service 

agencies, or other public entities with demonstrated expertise to 

carry out the following activities: 

‘‘(1) Identify and eliminate State barriers to the coordination 

and integration of programs, initiatives, and funding streams 

so that local educational agencies can provide comprehensive 

continuums of learning supports. 

‘‘(2) Assist local eligible entities who are prioritized in section 

4205(b) including those eligible entities that plan to serve rural 

and urban schools by— 

‘‘(A) informing those local eligible entities that they have 

a priority for competing for grants; 

‘‘(B) providing technical assistance to the local eligible 

entities for the development of the applications described 

in section 4206; 

‘‘(C) providing technical assistance to the local eligible 

entities if they do not receive a grant under section 4206 

so that they may recompete in following competitions; 

‘‘(3) Identify best practices for professional development and 

capacity building for local educational agencies for the delivery 

of a comprehensive system of learning supports for teachers, 

administrators, and specialized instructional support personnel 

in schools that are served by the eligible entity receiving funding under this part to implement the authorized activities described in section 4207. 

‘‘(4) Reporting and evaluation activities. 

‘‘SEC. 4205. GENERAL SUBGRANT REQUIREMENTS. 

‘‘(a) IN GENERAL.—A State educational agency shall use grant 

funds received under this part to award subgrants to eligible entities. 

‘‘(b) ABSOLUTE PRIORITY.—In awarding subgrants to local eligible 

entities, the State educational agency shall give priority to— 

‘‘(1) local eligible entities that propose to serve a high percentage or number of students that are eligible for free or reduced price lunch under the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1751 et seq.); and 

‘‘(2) local eligible entities proposing to serve students who attend schools in need of improvement and persistently lowachieving schools; 

‘‘(c) COMPETITIVE PRIORITY.—In awarding subgrants to local eligible entities, the State educational agency shall give competitive priority to— 


tjames on DSK6SPTVN1PROD with REPORTS
165 

‘‘(1) in the case of local eligible entities that intend to implement programs described in section 4207(2)(A), local eligible 

entities that serve schools that implement, or have plans to implement disciplinary policies that are research based and focus 

on multi-tiered systems of support; and 

‘‘(2) in the case of eligible entities that intend to implement 

programs described in section 4207(2)((C), eligible entities proposing to serve geographic areas most in need of these services 

and that commit to working with local Promise Coordinating 

Councils. 

‘‘(d) DURATION OF SUBGRANT.—A State educational agency shall 

award under this part subgrants to eligible local entities for 5 

years. 

‘‘(e) RENEWAL.— 

‘‘(1) IN GENERAL.—A State educational agency may renew a 

subgrant awarded under this part for a period of 5 years. 

‘‘(2) RENEWAL APPLICATION.—To renew a subgrant, an eligible entity shall submit an application to the Secretary every 5 

years as long as the eligible entity can demonstrate that they 

operate a proven and effective program based on performance 

on the indicators in section 4208(a)(3). 

‘‘SEC. 4206. LOCAL ELIGIBLE ENTITY APPLICATION. 

‘‘(a) IN GENERAL.—A local eligible entity that seeks a grant under 

this part shall submit an application to the State at such time, in 

such manner, and containing such information as the State may require, including the information described in subsection (b). 

‘‘(b) CONTENTS.—An application submitted under subsection (a) 

shall include the following: 

‘‘(1) The results of a comprehensive needs assessment (which 

shall include incident data, and teacher, parent, or community 

surveys) and assets assessment which shall include a comprehensive analysis of the following— 

‘‘(A) the safety of the schools served by the local eligible 

entity (which shall include a comprehensive analysis of incidents and prevalence of bullying and harassment at 

schools served by the local eligible entity); 

‘‘(B) the incidence and prevalence of drug, alcohol and 

substance abuse at schools served by the local eligible entity; 

‘‘(C) the needs of youth in the community with respect 

to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention, including an assessment of the number of youth who are involved or at-risk of involvement in 

juvenile delinquency and criminal street gang activity and 

the number of chronically truant youth; 

‘‘(D) the number of specialized instructional support personnel employed by schools served by the local eligible entity and the services provided by those personnel; 

‘‘(E) the prevalence of student health (including mental 

health, physical fitness, and nutrition) needs at schools 

served by the local eligible entity; 

‘‘(F) existing programs and services intended to provide 

a comprehensive system of support within schools served 


tjames on DSK6SPTVN1PROD with REPORTS
166 

by local eligible entities, including the support of school 

governance and leadership for the programs and services; 

‘‘(G) resources available in the community, including 

public agencies and nonprofit organizations, that could be 

leveraged by schools served by the local eligible entity to 

create comprehensive systems of support within the 

schools; 

‘‘(H) school discipline data including in-school suspensions, out-of-school suspensions, expulsion, school-based 

arrests, referrals to law enforcement, and referrals to alternative schools; and 

‘‘(I) additional needs identified by the local eligible entity. 

‘‘(2) A description of the methodology used in conducting the 

needs assessment described in (1); 

‘‘(3) A description of the plan to implement grant funds (taking into account the cultural and linguistic needs of the community) which shall include the following components: 

‘‘(A) A description of the services (taking into account 

the cultural and linguistic needs of the community) that 

will be provided by the local eligible entity which shall include prevention, intervention, and systematic efforts to 

address student learning needs as identified and 

prioritized by the needs assessment in paragraph (1). 

‘‘(B) A description of how existing resources, services, 

and programs will be coordinated and integrated with new 

resources, services, and programs to create a comprehensive system of learning supports that is aligned with 

school improvement plans required under section 1116, as 

applicable. 

‘‘(C) A description of the partners within the eligible entity and their roles as they relate to the implementation of 

the comprehensive system of learning supports that will be 

implemented to address the needs outlined in the needs 

and assets assessment described in subsection (b)(1). 

‘‘(D) A description of how the grant will be used to enhance administrator’s, teacher’s, and specialized instructional support personnel’s identification and response to 

student learning needs for providing learning supports 

through professional development, and how school capacity 

will be enhanced to handle problems facing students such 

as those identified in the needs assessment. 

‘‘(E) A description of how the eligible entity will identify 

the financial savings from deferred or eliminated costs, or 

other benefits as a result of the programs or activities implemented by the eligible entities (in the case of an eligible 

entity who implements programs described in section 

4207(2)(C), a comparative analysis of potential savings 

from criminal justice costs, public assistance costs, and 

other costs avoided by such programs). 

‘‘(F) A description of how the local eligible entity will 

measure performance based on the indicators described in 

section 4208(a)(3). 

‘‘(G) A description of the process for periodically reviewing the needs of students and assets within the school and 


tjames on DSK6SPTVN1PROD with REPORTS
167 

community, and involving more community partners as applicable, and how data on performance on the indicators 

described in section 4208(a)(3) will be used to provide feedback on progress, and institutionalize support mechanisms 

to maintain and continually improve activities including 

when grant funds end. 

‘‘(c) SPECIAL RULE.—A local eligible entity may use— 

‘‘(1) an existing needs assessment to satisfy the requirements 

of subsection (b)(1), if the assessment includes the information 

required by such subsection, or can be modified to do so; and 

‘‘(2) an existing plan to satisfy the requirements of subsection (b)(3), if the plan meets the requirements of such subsection and is approved by the State educational agency. 

‘‘SEC. 4207. LOCAL ELIGIBLE ENTITY USE OF FUNDS. 

‘‘A local eligible entity that receives a subgrant under this part 

shall use such funds to carry out the following activities: 

‘‘(1) Implement a comprehensive plan as described in section 

4206(b)(3). 

‘‘(2) Programs and activities that address the needs of the 

schools served by the eligible entity as identified by the needs 

and assets assessment in section 4206(b)(1), which may include— 

‘‘(A) violence prevention programs, including— 

‘‘(i) programs to provide safe passage to and from 

school; 

‘‘(ii) programs to prevent and appropriately respond 

to incidents of bullying and harassment (including professional development for teachers and other school 

personnel); 

‘‘(iii) programs that promote positive school environments for learning and reduce the need for suspensions, expulsions, referral to law enforcement, and 

other practices that remove students from instruction; 

‘‘(iv) conflict resolution and restorative practice and 

mediation programs; 

‘‘(v) activities that involve families, community sectors (which may include appropriately trained seniors) 

and a variety of providers in setting clear expectations 

against violence and appropriate consequences of violence; 

‘‘(vi) professional development and training for, and 

involvement of, school personnel, specialized instructional personnel, parents, and interested community 

members in prevention, education, early identification 

and intervention, mentoring, or rehabilitation referral, 

as related to violence prevention; 

‘‘(vii) reporting criminal offenses committed on 

school property; 

‘‘(viii) emergency intervention services following 

traumatic crisis events, such as shooting, or a major 

accident that has disrupted the learning environment; 

‘‘(ix) establishing and maintaining a school safety 

hotline; 


tjames on DSK6SPTVN1PROD with REPORTS
168 

‘‘(x) programs to train school personnel to identify 

warning signs of youth suicide and to create an action 

plan to help youth at risk of suicide; or 

‘‘(xi) programs that respond to the needs of students 

who are faced with domestic violence or child abuse; 

‘‘(B) drug and alcohol abuse prevention programs, including— 

‘‘(i) age appropriate and developmentally based activities that— 

‘‘(I) address the consequences of violence and illegal use of drugs, as appropriate; 

‘‘(II) promote a sense of individual responsibility 

and teach students that most people do not illegally use drugs; 

‘‘(III) teach students to recognize social and peer 

pressure to use drugs illegally and the skills for 

resisting illegal drug use; and 

‘‘(IV) teach students about the dangers of 

emerging drugs; 

‘‘(ii) activities that involve families, community sectors (which may include appropriately trained seniors) 

and a variety of providers in setting clear expectations 

against illegal use of drugs and appropriate consequences for illegal use of drugs; 

‘‘(iii) dissemination of drug prevention information 

to schools and communities; 

‘‘(iv) professional development and training for, and 

involvement of, school personnel, specialized instructional support personnel, parents, and interested community members in prevention, education, early identification and intervention, mentoring, or rehabilitation referral, as related to drug prevention; or 

‘‘(v) community wide planning and organizing to reduce illegal drug use; 

‘‘(C) evidence-based and promising practices related to 

juvenile delinquency and criminal street gang activity prevention and intervention for youth who are involved in, or 

at risk of involvement in, juvenile delinquency or street 

gang activity (that shall involve multiple community partners within the local eligible entity through coordination 

with a local Promise Coordinating Council); 

‘‘(D) recruiting, hiring, and maintaining specialized instructional support personnel or providing additional specialized instructional support services, including comprehensive career counseling, with priority given to the 

highest need schools to be served by the eligible entity; 

‘‘(E) implementing multi-tiered systems of support including positive behavior supports; 

‘‘(F) support services to address the behavioral, emotional, physical health, mental health and social needs of 

students, including— 

‘‘(i) social and emotional learning programs; 

‘‘(ii) mentoring programs; 

‘‘(iii) physical fitness, health education, and nutrition education programs; and 


tjames on DSK6SPTVN1PROD with REPORTS
169 

‘‘(iv) programs to purchase automated external 

defibrillators and providing training in the use of 

these defibrillators; 

‘‘(G) services and programs to support education of pregnant and parenting teens; 

‘‘(H) programs that enable schools to prepare for, respond to, and recover from disasters, crises and emergencies that threaten safety or disrupt teaching and learning; or 

‘‘(I) other services consistent with this section. 

‘‘SEC. 4208. ACCOUNTABILITY AND TRANSPARENCY. 

‘‘(a) LOCAL ACCOUNTABILITY AND TRANSPARENCY.—On an annual 

basis, each local eligible entity shall report to the public and the 

State such information as the State may reasonably require, including— 

‘‘(1) the number of students, aggregated and disaggregated 

by subgroup as described in section 1111(c)(3)(A) who were 

served by the programs and activities in this part; 

‘‘(2) the programs and services provided under this Act; 

‘‘(3) outcomes resulting from activities and services funded 

under this part, aggregated and disaggregated by subgroup as 

described in section 1111(c)(3)(A) on the following indicators— 

‘‘(A) student academic achievement as measured by 

State academic assessments and student growth over time; 

‘‘(B) for diploma granting schools, graduation rates; 

‘‘(C) student attendance; 

‘‘(D) suspensions and expulsions; 

‘‘(E) performance on a set of other indicators that shall 

be based on the activities and services implemented based 

on the results of the needs assessment described in section 

4206(b)(1) and may include— 

‘‘(i) the frequency, seriousness, and incidence of violence, including bullying and harassment, and drug related offenses resulting in suspensions and expulsions; 

‘‘(ii) the incidence and prevalence, age of onset, perception of health risk, and perception of social disapproval of drug use and violence by youth in schools 

and communities; 

‘‘(iii) the safety of passage to and from school; 

‘‘(iv) as appropriate, rate of earned on-time promotion from grade to grade; 

‘‘(v) for diploma granting schools, the percentage of 

students taking a college preparatory curriculum, or 

student rates of enrollment, persistence, and attainment of an associate or baccalaureate degree; 

‘‘(vi) academic and developmental transitions, including from elementary to middle school and middle 

school to high school; 

‘‘(vii) referrals to school resource personnel; 

‘‘(viii) evidence of increased parent and family engagement and support for children’s learning; 

‘‘(ix) evidence of increased student engagement in 

school, which may include completing of assignments 

and coming to class prepared and on-time; 


tjames on DSK6SPTVN1PROD with REPORTS
170 

‘‘(x) student health, including mental health and the 

amelioration of risk factors; and 

‘‘(F) other outcome areas as determined by the State 

educational agency. 

‘‘(b) STATE ACCOUNTABILITY AND TRANSPARENCY.—On an annual 

basis, each State educational agency that receives funds under this 

part shall annually prepare and submit to the Secretary a report 

that contains all reports submitted by local eligible entities under 

the jurisdiction of the agency provided under (a). 

‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Grant funds provided under 

this part shall be used to supplement, and not supplant, other Federal, State, or local funds that would, in the absence of such grant 

funds, be made available for comprehensive systems of learning 

supports and students participating in programs under this part. 

‘‘(d) PUBLICATION AND AVAILABILITY OF REPORT.—The Secretary 

shall publish and make widely available to the public, including 

through a website or other means, a summary of the reports received under (b). 

‘‘SEC. 4209. DEFINITIONS. 

‘‘(a) For purposes of this part— 

‘‘(1) INCIDENT DATA.—The term ‘incident data’ means data 

from incident reports by school officials including, but not limited to, truancy rates; the frequency, seriousness, and incidence 

of violence and drug-related offenses resulting in suspensions 

and expulsions; the incidence of bullying and harassment, and 

the incidence and prevalence of drug use and violence by students in schools. 

‘‘(2) COMPREHENSIVE SYSTEM OF LEARNING SUPPORTS.—The 

term ‘comprehensive system of learning supports’ means the 

multifaceted, and cohesive resources, strategies, and practices 

that provide class-room based or school-wide interventions to 

address the academic, behavioral, emotional, physical health, 

mental health, and social needs of students and families to improve student learning, teacher instruction and school management. 

‘‘(3) LOCAL ELIGIBLE ENTITY.—The term ‘local eligible entity’ 

means a consortium consisting of community representatives 

that— 

‘‘(A) shall include— 

‘‘(i) a local educational agency; 

‘‘(ii) not less than 1 other community partner organization; and 

‘‘(B) may include a broad array of community partners, 

including a community based organization, a child and 

youth serving organization, an institution of higher education, a foundation, a business, a local government, including a local governmental agency serving children and 

youth such as a child welfare and juvenile justice agency; 

students, and parents; and may include representatives 

from multiple jurisdictions. 

‘‘(4) MULTI-TIERED SYSTEM OF SUPPORT.—For purposes of this 

Act, the term ‘multi-tiered system of support’ means a comprehensive system of differentiated supports that includes evidence-based instruction, universal screening, progress monitoring, formative assessments, research-based interventions 


tjames on DSK6SPTVN1PROD with REPORTS
171 

matched to student needs and educational decisionmaking 

using student outcome data. 

‘‘(5) BULLYING.—The term ‘bullying’— 

‘‘(A) means conduct, including electronic communication, 

that adversely affects the ability of 1 or more students to 

participate in and benefit from the school’s educational 

programs or activities by placing the student (or students) 

in reasonable fear of physical harm; and 

‘‘(B) includes conduct that is based on— 

‘‘(i) a student’s actual or perceived— 

‘‘(I) race; 

‘‘(II) color; 

‘‘(III) national origin; 

‘‘(IV) sex; 

‘‘(V) disability 

‘‘(VI) sexual orientation; 

‘‘(VII) gender identity; or 

‘‘(VIII) religion; 

‘‘(ii) any other distinguishing characteristics that 

may be defined by a State or local educational agency; 

or 

‘‘(iii) association with a person or group with 1 or 

more of the actual or perceived characteristics listed in 

clause (i) or (ii). 

‘‘(6) HARASSMENT.—The term ‘harassment’— 

‘‘(A) means conduct, including electronic communication, 

that adversely affects the ability of 1 or more students to 

participate in and benefit from the school’s educational 

programs or activities because the conduct, as reasonably 

perceived, is so severe, persistent, or persuasive; and 

‘‘(B) includes conduct that is based on— 

‘‘(i) a student’s actual or perceived— 

‘‘(I) race; 

‘‘(II) color; 

‘‘(III) national origin; 

‘‘(IV) sex; 

‘‘(V) disability 

‘‘(VI) sexual orientation; 

‘‘(VII) gender identity; or 

‘‘(VIII) religion; 

‘‘(ii) any other distinguishing characteristics that 

may be defined by a State or local educational agency; 

or 

‘‘(iii) association with a person or group with 1 or 

more of the actual or perceived characteristics listed in 

clause (i) or (ii). 

‘‘(7) JUVENILE DELINQUENCY AND CRIMINAL STREET GANG ACTIVITY PREVENTION AND INTERVENTION.—The term ‘juvenile delinquency and criminal street gang activity prevention and 

intervention’ means the provision of programs and resources to 

children and families who have not yet had substantial contact 

with criminal justice or juvenile justice systems or to youth 

who are involved in, or who are identified by evidence-based 

risk assessment methods as being at high risk of continued inVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00175 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
172 

volvement in, juvenile delinquency or criminal street gangs, 

that— 

‘‘(A) are designed to reduce potential juvenile delinquency and criminal street gang activity risks; and 

‘‘(B) are evidence-based or promising educational, health, 

mental health, school-based, community-based, faithbased, parenting, job training, social opportunities and experiences, or other programs, for youth and their families, 

that have been demonstrated to be effective in reducing juvenile delinquency and criminal street gang activity risks. 

‘‘(8) PROMISE COORDINATING COUNCILS.—The members of a 

PROMISE Coordinating Council shall be representatives of 

public and private sector entities and individuals that— 

‘‘(A) shall include, to the extent possible, at least one 

representative from each of the following: 

‘‘(i) the local chief executive’s office; 

‘‘(ii) a local educational agency; 

‘‘(iii) a local health agency or provider; 

‘‘(iv) a local mental health agency or provider, unless 

the representative under clause (iii)) also meets the requirements of this subparagraph; 

‘‘(v) a local public housing agency; 

‘‘(vi) a local law enforcement agency; 

‘‘(vii) a local child welfare agency; 

‘‘(viii) a local juvenile court; 

‘‘(ix) a local juvenile prosecutor’s office; 

‘‘(x) a private juvenile residential care entity; 

‘‘(xi) a local juvenile public defender’s office; 

‘‘(xii) a State juvenile correctional entity; 

‘‘(xiii) a local business community representative; 

and 

‘‘(xiv) a local faith-based community representative; 

‘‘(B) shall include two representatives from each of the 

following: 

‘‘(i) parents who have minor children, and who have 

an interest in the local juvenile or criminal justice systems; 

‘‘(ii) youth between the ages of 15 and 24 who reside 

in the jurisdiction of the unit or Tribe; and 

‘‘(iii) members from nonprofit community-based organizations that provide effective delinquency prevention and intervention to youth in the jurisdiction of 

the eligible entity; and 

‘‘(C) may include other members, as appropriate. 

‘‘(9) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL.—The 

term ‘specialized instructional support personnel’ means school 

counselors, school social workers, school psychologists, school 

nurses, and other qualified professionals involved in providing 

assessment, diagnosis, counseling, educational, therapeutic, 

medical, and other necessary services (including related services as that term is defined in section 602 of the Individuals 

with Disabilities in Education Act) as part of a comprehensive 

program to meet student needs. 


tjames on DSK6SPTVN1PROD with REPORTS
173 

‘‘SEC. 4210. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this part 

$350,000,000 for fiscal year 2014 and such sums as may be necessary for each succeeding fiscal year.’’. 

TITLE V—WELL-ROUNDED STUDENTS 

AND ENGAGED FAMILIES 

Subtitle A—Public Charter Schools 

SEC. 501. PURPOSE. 

Section 5201 (20 U.S.C. 7221) is amended to read as follows: 

‘‘SEC. 5201. PURPOSE. 

‘‘It is the purpose of this subpart to— 

‘‘(1) provide financial assistance for the planning, program 

design, and initial implementation of charter schools; 

‘‘(2) expand the number of high-quality charter schools available to students across the Nation; 

‘‘(3) evaluate the impact of such schools on student achievement, families, and communities, and share best practices between charter schools and other public schools; 

‘‘(4) encourage States to provide support to charter schools 

for facilities financing in an amount more nearly commensurate to the amount the States have typically provided for traditional public schools; 

‘‘(5) improve student services to increase opportunities for 

students with disabilities, English language learners, and 

other traditionally underserved students to attend charter 

schools and meet challenging State academic achievement 

standards; 

‘‘(6) support efforts to strengthen the charter school authorizing process to improve performance management, including 

transparency, monitoring, and evaluation of such schools; and 

‘‘(7) ensure quality, accountability and transparency in the 

operations and performance of all authorized public chartering 

agencies, including State and local educational agencies, and 

charter schools.’’. 

SEC. 502. PROGRAM AUTHORIZED. 

Section 5202 (20 U.S.C. 7221a) is amended to read as follows: 

‘‘SEC. 5202. PROGRAM AUTHORIZED. 

‘‘(a) IN GENERAL.—This subpart authorizes the Secretary to carry 

out a charter school program that supports charter schools that 

serve elementary school and secondary school students by— 

‘‘(1) supporting the startup, replication, and expansion of 

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) charter school development; 

‘‘(B) the dissemination of best practices of charter 

schools for all schools; and 


tjames on DSK6SPTVN1PROD with REPORTS
174 

‘‘(C) the evaluation of the impact of the program on 

schools participating in the program. 

‘‘(b) FUNDING ALLOTMENT.—From the amount made available 

under section 5211 for a fiscal year, the Secretary shall— 

‘‘(1) reserve 12.5 percent to support charter school facilities 

assistance under section 5204; 

‘‘(2) reserve not more than 2.5 percent to carry out technical 

assistance, best practices, and evaluation under section 

5205(a); 

‘‘(3) reserve not more than 5 percent to carry out grants to 

eligible applicants under section 5205(b); and 

‘‘(4) use the remaining amount after the Secretary reserves 

funds under paragraphs (1) and (2) to carry out section 5203. 

‘‘(c) PRIOR GRANTS AND SUBGRANTS.—The recipient of a grant or 

subgrant under this subpart, as such subpart was in effect on the 

day before the date of enactment of the Student Success Act, shall 

continue to receive funds in accordance with the terms and conditions of such grant or subgrant.’’. 

SEC. 503. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS. 

Section 5203 (20 U.S.C. 7221b) is amended to read as follows: 

‘‘SEC. 5203. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS. 

‘‘(a) IN GENERAL.—From the amount reserved under section 

5202(b)(3), the Secretary shall award grants to State entities having applications approved pursuant to subsection (f) to enable such 

entities to— 

‘‘(1) award subgrants to eligible applicants for— 

‘‘(A) opening new charter schools; 

‘‘(B) replicating high-quality charter school models; or 

‘‘(C) expanding 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. 

‘‘(b) STATE USES OF FUNDS.— 

‘‘(1) IN GENERAL.—A State entity receiving a grant under this 

section shall— 

‘‘(A) use 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the quality charter school program described in the entity’s application approved pursuant to subsection (f), for the purposes described in subparagraphs (A) through (C) of subsection (a)(1); and 

‘‘(B) reserve 10 percent of such funds to carry out the activities described in subsection (a)(2), of which not more 

than 30 percent may be used 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 subparagraphs (A) and (B) of paragraph (1) directly 

or through grants, contracts, or cooperative agreements. 

‘‘(c) PROGRAM PERIODS; PEER REVIEW; DIVERSITY OF PROJECTS.— 

‘‘(1) PROGRAM PERIODS.— 


tjames on DSK6SPTVN1PROD with REPORTS
175 

‘‘(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 receiving a grant under this section, shall use a peer review process to review applications for assistance under this section. 

‘‘(3) DIVERSITY OF PROJECTS.—Each State entity receiving a 

grant under this section shall award subgrants under this section in a manner that, to the extent possible, 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. 

‘‘(d) LIMITATIONS.— 

‘‘(1) GRANTS.—A State entity may not receive more than 1 

grant under this section for a 5-year period. 

‘‘(2) SUBGRANTS.—An eligible applicant may not receive more 

than 1 subgrant under this section per charter school for a 5- 

year period. 

‘‘(e) 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 entity’s 

objectives in opening and initially operating a quality charter 

school program under this section and how the objectives of the 

program will be carried out, including a description— 

‘‘(A) of how the entity will— 

‘‘(i) support both new charter school startup and the 

expansion and replication of high-quality charter 

school models; 

‘‘(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 

applicants access all Federal funds that they are eligible to receive, and help the charter schools supported 

by the applicants and the students attending the charter schools— 

‘‘(I) participate in the Federal programs in 

which the schools and students are eligible to participate; and 

‘‘(II) receive the commensurate share of Federal 

funds the schools and students are eligible to receive under such programs; 

‘‘(iv) in the case in which the entity is not a State 

educational agency— 

‘‘(I) work with the State educational agency and 

the charter schools in the State to maximize charVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00179 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
176 

ter school participation in Federal and State programs for charter schools; and 

‘‘(II) work with the State educational agency to 

adequately operate the entity’s program under 

this section, where applicable; 

‘‘(v) ensure eligible applicants that receive a 

subgrant under the entity’s program are prepared to 

continue to operate the charter schools receiving the 

subgrant funds once the funds have expired; 

‘‘(vi) support charter schools participating in the entity’s program and that are in local educational agencies with large numbers of schools that must comply 

with the requirements of section 1116(b); 

‘‘(vii) work with charter schools to promote inclusion 

of all students and support all students once they are 

enrolled to promote retention; 

‘‘(viii) work with charter schools on recruitment 

practices, including efforts to engage groups that may 

otherwise have limited opportunities to participate in 

charter schools; 

‘‘(ix) share best and promising practices between 

charter schools and other public schools; 

‘‘(x) ensure the charter schools they support can 

meet the educational needs of their students, including students with disabilities and English language 

learners; and 

‘‘(xi) support efforts to increase quality initiatives, 

including meeting the quality authorizing elements described in paragraph (2)(E); 

‘‘(B) of the extent to which the entity— 

‘‘(i) is able to meet and carry out the priorities listed 

in subsection (f)(2); and 

‘‘(ii) is working to develop or strengthen a cohesive 

statewide system to support the opening of new charter schools a replica of high-quality charter school 

models, and expanding high-quality charter schools; 

‘‘(C) how the entity will carry out the subgrant competition, including— 

‘‘(i) a description of the application each eligible applicant desiring to receive a subgrant will submit, including— 

‘‘(I) a description of the roles and responsibilities of eligible applicants, partner organizations, 

and management organizations, including the administrative and contractual roles and responsibilities; 

‘‘(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, and how a 

school’s performance on the State’s academic accountability system will be a primary factor for renewal; 

‘‘(III) a description of how the eligible applicant 

will solicit and consider input from parents and 


tjames on DSK6SPTVN1PROD with REPORTS
177 

other members of the community on the planning, 

implementation, and operation of each charter 

school receiving funds under the entity’s program; 

and 

‘‘(IV) for each year of the grant, planned activities and expenditures for use of funds received 

under this section for the purposes of opening and 

initially operating a new charter school, replicating a high-quality charter school model and initially operating such school, or expansion of a 

high-quality charter school and initially operating 

such school while ensuring financial sustainability 

of the school following the grant period; and 

‘‘(ii) a description of how the entity will review applications; and 

‘‘(D) in the case of an entity that partners with an outside organization to carry out the entity’s quality charter 

school program, in whole or in part, of the roles and responsibilities of this partner. 

‘‘(2) ASSURANCES.—Assurances, including a description of 

how the assurances will be met, that— 

‘‘(A) each charter school receiving funds under the entity’s program will have a high degree of autonomy over 

budget and operations; 

‘‘(B) the entity will support charter schools in meeting 

the educational needs of their students as described in 

paragraph (1)(A)(x); 

‘‘(C) the entity will ensure that the authorized public 

chartering agency of any charter school that receives funds 

under the entity’s program— 

‘‘(i) ensures that the charter school is meeting the 

obligations under this Act, part B of the Individuals 

with Disabilities Education Act, title VI of the Civil 

Rights Act of 1964, section 504 of the Rehabilitation 

Act of 1973, the Age Discrimination Act of 1975, the 

Americans with Disabilities Act of 1990, section 444 of 

the General Education Provisions Act (commonly 

known as the ‘Family Educational Rights and Privacy 

Act of 1974’), and title IX of the Education Amendments of 1972; and 

‘‘(ii) adequately monitors and helps ensure each 

charter school, with respect to recruitment and enrollment is meeting the needs of all students, including 

students with disabilities and English language learners; 

‘‘(D) the entity will provide adequate technical assistance 

to eligible applicants to— 

‘‘(i) meet the objectives described in clauses (vii) and 

(viii) of paragraph (1)(A) and paragraph (2)(B); and 

‘‘(ii) recruit and enroll traditionally underserved students, including students with disabilities and English 

language learners, to promote an inclusive education 

environment; 

‘‘(E) the entity will promote quality authorizing, such as 

through providing technical assistance, to support all auVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00181 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
178 

thorized public chartering agencies in the State to improve 

the monitoring of their charter schools in compliance with 

quality charter authorizing standards described in section 

1111(d)(1)(I); 

‘‘(F) the entity will work to ensure that charter schools 

are included with the traditional public school system in 

decision-making about the public school system in the 

State; and 

‘‘(G) the entity will ensure that each charter school in 

the State make publicly available, consistent with the dissemination requirements of the annual State report card, 

the information parents need to make informed decisions 

about the educational options available to their children, 

including information on the educational program, student 

support services, and annual performance and enrollment. 

‘‘(3) REQUESTS FOR WAIVERS.—A request and justification for 

waivers of any Federal statutory or regulatory provisions that 

the entity believes are necessary for the successful operation of 

the charter schools that will receive funds under the entity’s 

program under this section, and a description of any State or 

local rules, generally applicable to public schools, that will be 

waived, or otherwise not apply to such schools. 

‘‘(f) 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 (e), after taking 

into consideration— 

‘‘(A) the degree of flexibility afforded by the State’s public charter school law and how the entity will work to 

maximize the flexibility provided to charter schools under 

the law; 

‘‘(B) the ambitiousness of the entity’s objectives for the 

quality charter school program carried out under this section; 

‘‘(C) the quality of the strategy for assessing achievement of those objectives; 

‘‘(D) the likelihood that the eligible applicants receiving 

subgrants under the program will meet those objectives 

and improve educational results for students; 

‘‘(E) the proposed number of new charter schools to be 

opened, and the number of high-quality charter schools to 

be replicated or expanded under the program; 

‘‘(F) the entity’s plan to— 

‘‘(i) adequately monitor the eligible applicants receiving subgrants under the 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; 

‘‘(iii) provide adequate technical assistance, as described in the entity’s application under subsection (e), 

for the eligible applicants receiving subgrants under 

the entity’s program under this section; and 


tjames on DSK6SPTVN1PROD with REPORTS
179 

‘‘(iv) support quality authorizing efforts in the State, 

consistent with quality charter school authorizing 

standards described in section 1111(d)(1)(H). 

‘‘(2) PRIORITY.—In awarding grants under this section, the 

Secretary shall give priority to State entities to the extent that 

they meet the following criteria: 

‘‘(A) The State entity is located in a State that allows appeals of authorized public chartering agency, including 

State and local educational agency, decisions pertaining to 

granting, renewal, or revocation of charter agreements. 

‘‘(B) The State entity is located in a State that does not 

impose any limitation on the number or percentage of 

charter schools that may exist or the number or percentage of students that may attend charter schools in the 

State. 

‘‘(C) 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. 

‘‘(D) The State entity is located in a State that uses 

charter schools and best practices from charter schools to 

help improve struggling schools and local educational 

agencies. 

‘‘(E) The State entity partners with an organization that 

has a demonstrated record of success in developing management organizations to support the development of charter schools in the State. 

‘‘(F) The State entity demonstrates quality policies and 

practices to support and monitor charter schools through 

factors, including— 

‘‘(i) the proportion of high-quality charter schools in 

the State; and 

‘‘(ii) the proportion of charter schools enrolling, at a 

rate similar to traditional public schools, traditionally 

underserved students, including students with disabilities and English language learners. 

‘‘(G) The entity has taken steps to ensure that all authorized public chartering agencies implement best practices for quality charter school authorizing as described in 

section 1111(d)(1)(I). 

‘‘(g) LOCAL USES OF FUNDS.—An eligible applicant receiving a 

subgrant under this section shall use such funds to carry out activities to open and initially operate new charter schools, replicate 

high-quality charter school models and initially operate such 

schools, or expand existing high-quality charter schools and initially operate such schools to ensure strong school starts, as submitted annually by the eligible applicant according to subparagraph (e)(1)(C)(IV).. 

‘‘(h) 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 and at the end of such 

grant period, a report on— 

‘‘(1) the number of students served and, if applicable, how 

many new students were served during each year of the grant 

period; 


tjames on DSK6SPTVN1PROD with REPORTS
180 

‘‘(2) the number of subgrants awarded under this section to 

carry out each of the following— 

‘‘(A) the opening of new charter schools; 

‘‘(B) the replication of high-quality charter school models; and 

‘‘(C) the expansion of high-quality charter schools; 

‘‘(3) the progress the entity made toward meeting the priorities described in subsection (f)(2), as applicable; 

‘‘(4) how the entity met the objectives of the quality charter 

school program described in the entity’s application under subsection (e); 

‘‘(5) how the entity complied with, and ensured that eligible 

applicants complied with, the assurances described in the entity’s application; and 

‘‘(6) how the entity worked with authorized public chartering 

agencies, including how the agencies worked with the management company or leadership of the schools in which the subgrants were awarded. 

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

term ‘State entity’ means— 

‘‘(1) a State educational agency; or 

‘‘(2) a State charter school board.’’. 

SEC. 504. FACILITIES FINANCING ASSISTANCE. 

Section 5204 (20 U.S.C. 7221c) is amended to read as follows: 

‘‘SEC. 5204. FACILITIES FINANCING ASSISTANCE. 

‘‘(a) GRANTS TO ELIGIBLE ENTITIES.— 

‘‘(1) IN GENERAL.—From the amount reserved under section 

5202(b)(1), the Secretary shall award not less than 3 grants to 

eligible entities that have applications approved under subsection (d) to demonstrate innovative methods of assisting 

charter schools to address the cost of acquiring, constructing, 

and renovating facilities by enhancing the availability of loans 

or bond financing. 

‘‘(2) ELIGIBLE ENTITY DEFINED.—For purposes of this section, 

the term ‘eligible entity’ means— 

‘‘(A) a public entity, such as a State or local governmental entity; 

‘‘(B) a private nonprofit entity; or 

‘‘(C) a consortium of entities described in subparagraphs 

(A) and (B). 

‘‘(b) GRANTEE SELECTION.— 

‘‘(1) EVALUATION OF APPLICATION.—The Secretary shall 

evaluate each application submitted under subsection (d), and 

shall determine whether the application is sufficient to merit 

approval. 

‘‘(2) DISTRIBUTION OF GRANTS.—The Secretary shall award at 

least one grant to an eligible entity described in subsection 

(a)(2)(A), at least one grant to an eligible entity described in 

subsection (a)(2)(B), and at least one grant to an eligible entity 

described in subsection (a)(2)(C), if applications are submitted 

that permit the Secretary to do so without approving an application that is not of sufficient quality to merit approval. 

‘‘(c) GRANT CHARACTERISTICS.—Grants under subsection (a) shall 

be of a sufficient size, scope, and quality so as to ensure an effecVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00184 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
181 

tive demonstration of an innovative means of enhancing credit for 

the financing of charter school acquisition, construction, or renovation. 

‘‘(d) APPLICATIONS.— ‘‘(1) IN GENERAL.—To receive a grant under subsection (a), 

an eligible entity shall submit to the Secretary an application 

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 proposed to be 

undertaken with funds received under subsection (a), including how the eligible entity will determine which charter schools will receive assistance, and how much and 

what types of assistance charter schools will receive; 

‘‘(B) a description of the involvement of charter schools 

in the application’s development and the design of the proposed activities; 

‘‘(C) a description of the eligible entity’s expertise in capital market financing; 

‘‘(D) a description of how the proposed activities will leverage the maximum amount of private-sector financing 

capital relative to the amount of government funding used 

and otherwise enhance credit available to charter schools, 

including how the entity will offer a combination of rates 

and terms more favorable than the rates and terms that 

a charter school could receive without assistance from the 

entity under this section; 

‘‘(E) a description of how the eligible entity possesses 

sufficient expertise in education to evaluate the likelihood 

of success of a charter school program for which facilities 

financing is sought; 

‘‘(F) a description of how the eligible entity will encourage energy-efficient school building practices; 

‘‘(G) in the case of an application submitted by a State 

governmental entity, a description of the actions that the 

entity has taken, or will take, to ensure that charter 

schools within the State receive the funding the charter 

schools need to have adequate facilities; and 

‘‘(H) such other information as the Secretary may reasonably require. 

‘‘(e) CHARTER SCHOOL OBJECTIVES.—An eligible entity receiving 

a grant under this section shall use the funds deposited in the reserve account established under subsection (f) to assist one or more 

charter schools to access private sector capital to accomplish one or 

both of the following objectives: 

‘‘(1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party 

for the benefit of a charter school) in improved or unimproved 

real property that is necessary to commence or continue the 

operation of a charter school. 

‘‘(2) The construction of new facilities, including 

predevelopment costs, or the renovation, repair, or alteration of 

existing facilities, necessary to commence or continue the operation of a charter school. 

‘‘(f) RESERVE ACCOUNT.— 


tjames on DSK6SPTVN1PROD with REPORTS
182 

‘‘(1) USE OF FUNDS.—To assist charter schools to accomplish 

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 this section and deposited in the reserve account established under paragraph (1) 

shall be invested in obligations issued or guaranteed by the 

United States or a State, or in other similarly low-risk securities. 

‘‘(3) REINVESTMENT OF EARNINGS.—Any earnings on funds received under subsection (a) shall be deposited in the reserve 

account established under paragraph (1) and used in accordance with such subsection. 

‘‘(g) LIMITATION ON ADMINISTRATIVE COSTS.—An eligible entity 

may use not more than 2.5 percent of the funds received under 

subsection (a) for the administrative costs of carrying out its responsibilities under this section (excluding subsection (k)). 

‘‘(h) AUDITS AND REPORTS.— 

‘‘(1) FINANCIAL RECORD MAINTENANCE AND AUDIT.—The financial records of each eligible entity receiving a grant under 

subsection (a) shall be maintained in accordance with generally 

accepted accounting principles and shall be subject to an annual audit by an independent public accountant. 

‘‘(2) REPORTS.— 

‘‘(A) GRANTEE ANNUAL REPORTS.—Each eligible entity receiving a grant under subsection (a) annually shall submit 

to the Secretary a report of its operations and activities 

under this section. 

‘‘(B) CONTENTS.—Each annual report submitted under 

subparagraph (A) shall include— 

‘‘(i) a copy of the most recent financial statements, 

and any accompanying opinion on such statements, 


tjames on DSK6SPTVN1PROD with REPORTS
183 

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 undertaken by the eligible entity under this 

section (excluding subsection (k)) during the reporting 

period. 

‘‘(C) SECRETARIAL REPORT.—The Secretary shall review 

the reports submitted under subparagraph (A) and shall 

provide a comprehensive annual report to Congress on the 

activities conducted under this section (excluding subsection (k)). 

‘‘(i) NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATION.—No 

financial obligation of an eligible entity entered into pursuant to 

this section (such as an obligation under a guarantee, bond, note, 

evidence of debt, or loan) shall be an obligation of, or guaranteed 

in any respect by, the United States. The full faith and credit of 

the United States is not pledged to the payment of funds which 

may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section. 

‘‘(j) RECOVERY OF FUNDS.— 

‘‘(1) IN GENERAL.—The Secretary, in accordance with chapter 

37 of title 31, United States Code, shall collect— 

‘‘(A) all of the funds in a reserve account established by 

an eligible entity under subsection (f)(1) if the Secretary 

determines, not earlier than 2 years after the date on 

which the eligible entity first received funds under this 

section (excluding subsection (k)), that the eligible entity 

has failed to make substantial progress in carrying out the 

purposes described in subsection (f)(1); or 

‘‘(B) all or a portion of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the 

Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such 

account to accomplish any purpose described in subsection 

(f)(1). 

‘‘(2) EXERCISE OF AUTHORITY.—The Secretary shall not exercise the authority provided in paragraph (1) to collect from any 

eligible entity any funds that are being properly used to 


tjames on DSK6SPTVN1PROD with REPORTS
184 

achieve one or more of the purposes described in subsection 

(f)(1). 

‘‘(3) PROCEDURES.—The provisions of sections 451, 452, and 

458 of the General Education Provisions Act shall apply to the 

recovery of funds under paragraph (1). 

‘‘(4) CONSTRUCTION.—This subsection shall not be construed 

to impair or affect the authority of the Secretary to recover 

funds under part D of the General Education Provisions Act. 

‘‘(k) PER-PUPIL FACILITIES AID PROGRAM.— ‘‘(1) DEFINITION OF PER-PUPIL FACILITIES AID PROGRAM.—In 

this subsection, the term ‘per-pupil facilities aid program’ 

means a program in which a State makes payments, on a perpupil basis, to charter schools to provide the schools with financing— 

‘‘(A) that is dedicated solely for funding charter school 

facilities; or 

‘‘(B) a portion of which is dedicated for funding charter 

school facilities. 

‘‘(2) GRANTS.— 

‘‘(A) IN GENERAL.—From the amount reserved under section 5202(b)(1) 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 in the second such year; 

‘‘(iii) 60 percent in the third such year; 

‘‘(iv) 40 percent in the fourth such year; and 

‘‘(v) 20 percent in the fifth such year. 

‘‘(D) STATE SHARE.—A State receiving a grant under this 

subsection may partner with 1 or more organizations to 

provide up to 50 percent of the State share of the cost of 

establishing or enhancing, and administering the per-pupil 

facilities aid program. 

‘‘(E) MULTIPLE GRANTS.—A State may receive more than 

1 grant under this subsection, so long as the amount of 

such funds provided to charter schools increases with each 

successive grant. 

‘‘(3) USE OF FUNDS.— 

‘‘(A) IN GENERAL.—A State that receives a grant under 

this subsection shall use the funds made available through 

the grant to establish or enhance, and administer, a perpupil facilities aid program for charter schools in the State 

of the applicant. 

‘‘(B) EVALUATIONS; TECHNICAL ASSISTANCE; DISSEMINATION.—From the amount made available to a State 

through a grant under this subsection for a fiscal year, the 


tjames on DSK6SPTVN1PROD with REPORTS
185 

State may reserve not more than 5 percent to carry out 

evaluations, to provide technical assistance, and to disseminate information. 

‘‘(C) SUPPLEMENT, NOT SUPPLANT.—Funds made available under this subsection shall be used to supplement, 

and not supplant, State, and local public funds expended 

to provide per pupil facilities aid programs, operations financing programs, or other programs, for charter schools. 

‘‘(4) REQUIREMENTS.— 

‘‘(A) VOLUNTARY PARTICIPATION.—No State may be required to participate in a program carried out under this 

subsection. 

‘‘(B) STATE LAW.— 

‘‘(i) IN GENERAL.—To be eligible to receive a grant 

under this subsection, a State shall establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that— 

‘‘(I) is specified in State law; and 

‘‘(II) provides annual financing, on a per-pupil 

basis, for charter school facilities. 

‘‘(ii) SPECIAL RULE.—A State that is required under 

State law to provide its charter schools with access to 

adequate facility space may be eligible to receive a 

grant under this subsection if the State agrees to use 

the funds to develop a per-pupil facilities aid program 

consistent with the requirements of this subsection. 

‘‘(5) APPLICATIONS.—To be eligible to receive a grant under 

this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.’’. 

SEC. 505. NATIONAL ACTIVITIES. 

Section 5205 (20 U.S.C. 7221d) is amended to read as follows: 

‘‘SEC. 5205. NATIONAL ACTIVITIES. 

‘‘(a) TECHNICAL ASSISTANCE, BEST PRACTICES, AND EVALUATION.—From the amount reserved under section 5202(b)(2), the 

Secretary shall— 

‘‘(1) disseminate technical assistance to State entities in 

awarding subgrants under section 5203, and eligible entities 

and States receiving grants under section 5204; 

‘‘(2) disseminate best practices; and 

‘‘(3) in partnership with the Institute for Education Sciences, 

as appropriate— 

‘‘(A) develop relevant program performance metrics, including student outcome data, for State entities, eligible 

entities, and schools that receive funds under section 5203 

and eligible applicants and charter schools that receive 

funds under section 5205(b); 

‘‘(B) assist such State entities, eligible applicants, and 

charter schools in collecting and submitting data on such 

performance metrics to the Secretary; 

‘‘(C) evaluate the program performance of and conduct 

related research to— 

‘‘(i) determine which policies and practices implemented using funds received under section 5203 and 


tjames on DSK6SPTVN1PROD with REPORTS
186 

5205(b) have the greatest impact on student achievement 

‘‘(ii) determine which charter school models funded 

under this title lead to measurably improved student 

outcomes on statewide assessments; 

‘‘(iii) examine the transfer of best and promising 

practices between charter schools funded under this 

title and other public schools; 

‘‘(iv) ensure the inclusion of all student subgroups as 

described in section 1111(c)(3) in charter schools funded under this title; and 

‘‘(v) drive continuous improvement; and 

‘‘(D) disseminate the findings of the research, evaluation 

and data collection described in this section. 

‘‘(b) GRANTS TO ELIGIBLE APPLICANTS.— 

‘‘(1) IN GENERAL.—The Secretary shall make grants, on a 

competitive basis, to eligible applicants for the purpose of carrying out the activities described in section 5202(a)(1), subparagraphs (A) through (C) of section 5203(a)(1), and section 

5203(g). 

‘‘(2) TERMS AND CONDITIONS.—Except as otherwise provided 

in this subsection, grants awarded under this subsection shall 

have the same terms and conditions as grants awarded to 

State entities under section 5203. 

‘‘(3) ELIGIBLE APPLICANT DEFINED.—For purposes of this subsection, the term ‘eligible applicant’ means an eligible applicant that desires to open a charter school in— 

‘‘(A) a State that did not apply for a grant under section 

5203; 

‘‘(B) a State that did not receive a grant under section 

5203; or 

‘‘(C) a State that received a grant under section 5203 

and is in the 4th or 5th year of the grant period for such 

grant. 

‘‘(c) CONTRACTS AND GRANTS.—The Secretary may carry out any 

of the activities described in this section directly or through grants, 

contracts, or cooperative agreements.’’. 

SEC. 506. RECORDS TRANSFER. 

Section 5208 (20 U.S.C. 7221g) is amended— 

(1) by inserting ‘‘as quickly as possible and’’ before ‘‘to the extent practicable’’; and 

(2) by striking ‘‘section 602’’ and inserting ‘‘section 602(14)’’. 

SEC. 507. DEFINITIONS. 

Section 5210 (20 U.S.C. 7221i) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘and’’ at the end of subparagraph (K); 

(B) by striking the period at the end of subparagraph (L) 

and inserting ‘‘; and’’; and 

(C) by adding at the end, the following: 

‘‘(M) may serve prekindergarten or post secondary students.’’; 

(2) in paragraph (3)(B), by striking ‘‘under section 

5203(d)(3)’’; and 

(3) by inserting at the end the following: 


tjames on DSK6SPTVN1PROD with REPORTS
187 

‘‘(5) EXPANSION OF A HIGH-QUALITY CHARTER SCHOOL.—The 

term ‘expansion of a high-quality charter school’ means significantly increasing the enrollment of or adding more grades to 

a high-quality charter school. 

‘‘(6) HIGH-QUALITY CHARTER SCHOOL.—The term ‘high-quality 

charter school’ means a charter school that— 

‘‘(A) shows evidence of increasing academic achievement 

for all students and student subgroups as described in section 1111(c)(3), including— 

‘‘(i) the percentage of students in on-target and advanced levels of achievement on the State academic 

assessments required under section 1111(b)(3) compared to demographically similar schools in the State; 

‘‘(ii) an average student academic, longitudinal 

growth from one school year to the next school year, 

if available and as determined by the State, on the 

State academic assessments required under section 

1111(b)(3) that exceeds such growth in demographically similar schools in the State; 

‘‘(iii) in the case of a charter school that is a secondary school— 

‘‘(I) a graduation rate that is above the graduation rate for demographically similar schools in 

the State; and 

‘‘(II) attendance, retention, and postsecondary 

enrollment rates that are above such rates for demographically similar schools in the State; and 

‘‘(iv) closing achievement gaps among student subgroups as described in section 1111(c)(3) and all students served by the charter school; and 

‘‘(B) has no significant issues in the areas of student 

safety, school discipline, including high rates of suspensions and expulsions, financial management, or statutory 

or regulatory compliance, including quality charter school 

authorizing standards described in section 1111(d)(1)(I). 

‘‘(7) HIGH-QUALITY CHARTER SCHOOL MODEL.—The term 

‘high-quality charter school model’ means a high-quality charter school that possesses the capability, including sustainable 

financing, to open another school campus under an existing 

charter agreement.’’. 

SEC. 508. AUTHORIZATION OF APPROPRIATIONS. 

Section 5211 (20 U.S.C. 7221j) is amended to read as follows: 

‘‘SEC. 5211. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this subpart $300,000,000 for fiscal year 2014 and each of the 5 succeeding 

fiscal years.’’. 

SEC. 509. CONFORMING AMENDMENTS. 

(a) REPEAL.—Subpart 2 of part B of title V (20 U.S.C. 7223 et 

seq.) is repealed. 

(b) TABLE OF CONTENTS.—The table of contents in section 2 is 

amended— 

(1) by striking the item relating to section 5203 and inserting 

the following: 

‘‘Sec. 5203. Grants to support high-quality charter schools.’’; 


tjames on DSK6SPTVN1PROD with REPORTS
188 

(2) by striking the item relating to section 5204 and inserting 

the following: 

‘‘Sec. 5204. Facilities Financing Assistance.’’; and 

(3) by striking subpart 2 of part B of title V. 

Subtitle B—Fund for the Improvement of 

Education 

SEC. 511. FUND FOR THE IMPROVEMENT OF EDUCATION. 

(a) IN GENERAL.—Part D of title V (20 U.S.C. 7241 et seq.) is 

amended to read as follows: 

‘‘PART D—A WELL-ROUNDED EDUCATION

‘‘SUBPART 1—GRANTS TO SUPPORT STEM EDUCATION

‘‘SEC. 5401. PURPOSE. 

‘‘The purpose of this subpart is to improve student academic 

achievement in STEM subjects by— 

‘‘(1) improving instruction in such subjects from preschool 

through grade 12; 

‘‘(2) improving student engagement in, and increasing student access to, courses in such subjects; 

‘‘(3) improving the quality and effectiveness of classroom instruction by recruiting, training, and supporting effective 

teachers and providing robust tools and supports for students 

and teachers in such subjects; 

‘‘(4) implementing and integrating college and career ready 

standards, described in section 1111(b)(2), in STEM subjects 

and assessments aligned with those standards; 

‘‘(5) closing student achievement gaps, and preparing more 

students for postsecondary education and careers, in such subjects; and 

‘‘(6) Recognizing that STEM subjects are diverse and that 

STEM education programs must expose students to content 

and skills in a host of constantly changing and evolving content areas. 

‘‘SEC. 5402. GRANTS; ALLOTMENTS. 

‘‘(a) RESERVATIONS.— 

‘‘(1) IN GENERAL.—From the amounts appropriated under 

section 5410 for a fiscal year, the Secretary shall reserve— 

‘‘(A) $35,000,000 for a STEM Master Teachers Corps 

program under section 5405; 

‘‘(B) 3 percent to carry out activities described in section 

5405 and technical assistance to States, including technical assistance with implementation of programs consistent with the purpose of this part; and 

‘‘(C) if funds are not awarded by formula, as described 

in subsection (c)(1), 5 percent for State capacity-building 

grants in accordance with paragraph (2). 

‘‘(2) CAPACITY-BUILDING GRANTS.— 

‘‘(A) IN GENERAL.—In any year for which funding is distributed competitively, as described in subsection (b)(1), 

the Secretary may award 1 capacity-building grant to each 


tjames on DSK6SPTVN1PROD with REPORTS
189 

eligible entity that does not receive a grant under subsection (b), on a competitive basis, to enable such States to 

become more competitive in future years. 

‘‘(B) DURATION.—Grants awarded under subparagraph 

(A) shall be for a period of 1 year. 

‘‘(b) COMPETITIVE GRANTS.— ‘‘(1) IN GENERAL.—For each fiscal year for which the amount appropriated to carry out this Act is less than $250,000,000, 

the Secretary shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out the 

activities described in this Act. 

‘‘(2) DURATION.—Grants awarded under this subsection shall 

be for a period of not more than 3 years. 

‘‘(3) RENEWAL.— ‘‘(A) IN GENERAL.—If an eligible entity demonstrates 

progress, as measured by the metrics reported in section 

5406(a)(5), the Secretary may renew a grant for an additional 2-year period. 

‘‘(B) REDUCED FUNDING.—Grant funds awarded under 

subparagraph (A) shall be awarded at a reduced amount. 

‘‘(c) FORMULA GRANTS.— ‘‘(1) IN GENERAL.—For each fiscal year for which the amount 

appropriated to carry out this Act is equal to or more than 

$250,000,000, the Secretary shall award grants to States, 

based on the formula described in paragraph (2). 

‘‘(2) DISTRIBUTION OF FUNDS.—The Secretary shall allot to 

each State— 

‘‘(A) an amount that bears the same relationship to 35 

percent of the excess amount as the number of individuals 

ages 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, 

bears to the number of those individuals in all such States, 

as so determined; and 

‘‘(B) an amount that bears the same relationship to 65 

percent of the excess amount as the number of individuals 

ages 5 through 17 from families with incomes below the 

poverty line, in the State, as determined by the Secretary 

on the basis of the most recent satisfactory data, bears to 

the number of those individuals in all such States, as so 

determined. 

‘‘(3) FUNDING MINIMUM.—No State receiving an allotment 

under this subsection may receive less than one-half of 1 percent of the total amount allotted under paragraph (1) for a fiscal year. 

‘‘(4) REALLOTMENT OF UNUSED FUNDS.—If a State does not 

successfully apply for or receive an allotment under this subsection for a fiscal year, the Secretary shall reallot the amount 

of the State’s allotment to the remaining States in accordance 

with this subsection. 

‘‘SEC. 5403. APPLICATIONS. 

‘‘(a) IN GENERAL.—Each eligible entity desiring a grant under 

this Act, whether through a competitive grant under section 

5402(b) or through an allotment under section 5402(c), shall submit 

an application to the Secretary at such time, in such manner, and 

accompanied by such information as the Secretary may require. 


tjames on DSK6SPTVN1PROD with REPORTS
190 

‘‘(b) CONTENTS.—At a minimum, an application submitted under 

subsection (a) shall include the following: 

‘‘(1) A description of how grant funds will be used by the eligible entity. 

‘‘(2) A description of how the eligible entity has involved a 

variety of stakeholders in the development of the application 

and a description of how the State or eligible entity will continue to involve stakeholders in any education reform efforts 

related to STEM subject instruction. 

‘‘(3) A description of the steps the eligible entity will take to 

ensure that programs implemented by the subgrantees use evidence-based strategies, ensure high-quality curricula, and provide high-quality professional development. 

‘‘(4) An assurance that the eligible entity, in making awards 

under section 5404(c), will give priority to subgrantees that— 

‘‘(A) propose to serve students in schools in need of improvement and persistently low achieving schools; or 

‘‘(B) propose to serve schools with a high percentage or 

number of students that are eligible for free or reduced 

price lunch under the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1751 et seq.). 

‘‘(5) A description of how the eligible entity’s activities and 

subgrants will be coordinated with other Federal, State, and 

local programs and activities, including career and technical 

education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et 

seq.). 

‘‘(6) A review of the industry and business workforce needs 

in the State in jobs that require knowledge or training in 

STEM subject areas and a description of how that review will 

inform efforts to improve education in STEM subjects. 

‘‘(7) A description of how the eligible entity will allocate 

funds in a manner that will provide services to both elementary schools and secondary schools. 

‘‘(8) A description of the technical assistance that the eligible 

entity will provide to subgrantees to support the activities undertaken by the subgrantees, including— 

‘‘(A) activities to employ multi-tiered systems of support 

to provide early intervening services and to increase student achievement in STEM subjects; 

‘‘(B) activities to ensure increased access for students 

who are traditionally underrepresented in STEM subject 

fields (including female students, minority students, students who are limited English proficient, students who are 

children with disabilities, and students from low-income 

families) to high-quality courses and other learning experiences; 

‘‘(C) implementing evidence-based programs of instruction based on college and career ready standards and highquality assessments in the identified subjects; and 

‘‘(D) developing curricula consistent with the principles 

of universal design for learning as defined in section 103 

of the Higher Education Act of 1965. 


tjames on DSK6SPTVN1PROD with REPORTS
191 

‘‘(9) A description of the key data metrics that will be used 

and reported annually under section 5406(a)(5), that shall include— 

‘‘(A) student academic achievement on mathematics and 

science State academic assessments and student growth; 

and 

‘‘(B) for diploma granting schools, graduation rates. 

‘‘(10) Assurances that the eligible entity will monitor implementation of approved subgrantee plans. 

‘‘SEC. 5404. AUTHORIZED ACTIVITIES. 

‘‘(a) REQUIRED ACTIVITIES.—Each eligible entity that receives a 

grant under this Act shall use not more than 5 percent of the grant 

funds to carry out each of the following activities: 

‘‘(1) Providing technical assistance to subgrantees as described in section 5403(b)(7) and technical assistance to subgrantees that are prioritized in section 5404(d), including subgrantees that serve low-capacity rural and urban areas by— 

‘‘(A) informing those subgrantees that they have a priority for competing for grants under section 5404(b); and 

‘‘(B) providing subgrantees who do not receive a grant 

under section 5404(c) technical assistance so that they 

may re-compete in following competitions. 

‘‘(2) Identifying and supporting high-quality professional development and other comprehensive systems of support for 

teachers and school leaders to promote high-quality instruction 

and instructional leadership in the identified subjects, aligned 

to college and career ready standards where applicable. 

‘‘(3) Disseminating information, including making publicly 

available on the websites of the State educational agency, on 

promising practices to improve student achievement in STEM 

subject areas. 

‘‘(b) PERMISSIBLE ACTIVITIES.—Each eligible entity that receives 

a grant under this Act may use the grant funds to carry out 1 or 

more of the following activities: 

‘‘(1) Recruiting qualified teachers and instructional leaders 

who are trained in identified subjects, including teachers who 

have transitioned into the teaching profession from a career in 

a STEM field. 

‘‘(2) Providing induction and mentoring services to new 

teachers in identified subjects. 

‘‘(3) Developing instructional supports, such as curricula and 

assessments, which shall be evidence-based and aligned with 

State academic standards and may include online education. 

‘‘(4) Training personnel of subgrantees to use data systems 

to continuously improve student achievement in STEM subjects and use the data to better target curriculum and instruction to meet the needs of each student. 

‘‘(c) SUBGRANTS.— 

‘‘(1) IN GENERAL.—Each eligible entity that receives a grant 

under this Act shall award subgrants, on a competitive basis, 

to eligible subgrantees. 

‘‘(2) MINIMUM SUBGRANT.—An eligible entity shall award 

subgrants under this subsection that are of sufficient size and 

scope to support high-quality, evidence-based, effective programs that are consistent with the purpose of this Act. 


tjames on DSK6SPTVN1PROD with REPORTS
192 

‘‘(3) SUBGRANTEE APPLICATION.—Each subgrantee desiring a 

subgrant under this subsection shall submit an application to 

the eligible entity at such time, in such manner, and accompanied by such information as the eligible entity may require, 

including, at a minimum: 

‘‘(A) A description of the needs identified by the subgrantee, based on a needs assessment which shall include— 

‘‘(i) data for elementary school and secondary school 

grades, as applicable and to the extent that such data 

are available, on— 

‘‘(I) student achievement in science and mathematics, including such data collected in accordance with the State academic assessments; 

‘‘(II) science and mathematics teacher evaluation results or ratings; 

‘‘(III) student access to mathematics and science 

courses needed to enroll in credit-bearing 

coursework at institutions of higher education in 

the State; 

‘‘(IV) access to science and mathematics courses 

for student prekindergarten through grade 12 attending schools prioritized under section 5404(d); 

‘‘(V) the percentage of students successfully— 

‘‘(aa) completing Advanced Placement (AP) 

or International Baccalaureate (IB) courses in 

science and mathematics subjects; or 

‘‘(bb) completing rigorous postsecondary 

education courses in science and mathematics 

subjects; 

‘‘(VI) rates of college remediation in mathematics; and 

‘‘(VII) teacher shortages and teacher distribution among the local educational agencies and 

schools served by the subgrantee in science and 

mathematics subjects; and 

‘‘(ii) an analysis of the implementation of any multitiered systems of support that have been employed by 

the local educational agency served by the subgrantee 

to address the learning needs of students in any 

STEM subjects. 

‘‘(B) A description of the activities that the subgrantee 

will carry out based on the findings of the needs assessment described in subparagraph (A), and how such activities will improve teaching and student academic achievement in the identified subjects, in a manner consistent 

with evidence-based research. 

‘‘(C) A description of how the subgrantee will use funds 

provided under this subsection to serve students and 

teachers in schools prioritized under section 5404(d). 

‘‘(D) A description of how funds provided under this subsection will be coordinated with other Federal, State, and 

local programs and activities, including career and technical education programs authorized under the Carl D. 


tjames on DSK6SPTVN1PROD with REPORTS
193 

Perkins Career and Technical Education Act of 2006 (20 

U.S.C. 2301 et seq.). 

‘‘(E) If the subgrantee is working with outside partners, 

a description of how such outside partners will be involved 

in improving instruction and increasing access to highquality learning experiences in the identified subjects. 

‘‘(4) SUBGRANTEE USE OF FUNDS.— ‘‘(A) REQUIRED USE OF FUNDS.—Each subgrantee that receives a subgrant under this subsection shall use the 

subgrant funds to carry out activities for students from 

preschool through grade 12, consistent with the analysis 

and the activities described in the subgrantee’s application, which shall include— 

‘‘(i) high-quality teacher and instructional leader recruitment, support, evaluation, and professional development in the identified subjects; 

‘‘(ii) professional development, which may include 

development and support for instructional coaches, to 

enable teachers and instructional leaders to increase 

student achievement in identified subjects, through— 

‘‘(I) implementation of classroom assessments; 

and 

‘‘(II) differentiation of instruction in identified 

subjects for all students, including for students 

with disabilities and students who are English 

learners; 

‘‘(iii) activities to— 

‘‘(I) improve the content knowledge of teachers; 

and 

‘‘(II) facilitate professional collaboration, which 

may include providing time for such collaborations; 

‘‘(iv) training to principals and teachers in implementing STEM subject initiatives, particularly in the 

areas of— 

‘‘(I) utilizing data; 

‘‘(II) assessing the quality of STEM subject instruction; and 

‘‘(III) providing time and support for teachers to 

plan STEM subject instruction; 

‘‘(v) the development, adoption, and improvement of 

high-quality curricula, assessments, materials, and instructional supports that— 

‘‘(I) are aligned with State academic standards; 

and 

‘‘(II) the subgrantee will use to improve student 

academic achievement in identified subjects; and 

‘‘(vi) the development or improvement, and implementation, of multi-tiered systems of support to provide early intervening services and to increase student 

achievement in 1 or more of the identified subjects. 

‘‘(B) PERMISSIBLE USE OF FUNDS.—In addition to the required activities described in subparagraph (A), each subgrantee that receives a subgrant under this subsection, 

may also use the subgrant funds to— 


tjames on DSK6SPTVN1PROD with REPORTS
194 

‘‘(i) support the participation of low-income students 

in nonprofit competitions and out-of-school activities 

related to STEM (such as robotics, science research, 

invention, mathematics, and technology competitions), 

including— 

‘‘(I) the purchase of parts and supplies needed to 

participate in such competitions; 

‘‘(II) incentives and stipends for teachers and instructional leaders who are involved in assisting 

students and preparing students for such competitions, if such activities fall outside the regular duties and responsibilities of such teachers and instructional leaders; and 

‘‘(III) paying expenses associated with the participation of low-income students in such local, regional, or national competitions; 

‘‘(ii) improve the laboratories of schools served by 

the subgrantee and provide instrumentation as part of 

a comprehensive program to enhance the quality of 

STEM instruction, including— 

‘‘(I) purchase, rental, or leasing of equipment, 

instrumentation, and other scientific educational 

materials; 

‘‘(II) maintenance, renovation, and improvement 

of laboratory facilities; 

‘‘(III) professional development and training for 

teachers; 

‘‘(IV) development of instructional programs designed to integrate the laboratory experience with 

classroom instruction and to be consistent with 

college and career ready content standards in 

STEM subjects; 

‘‘(V) training in laboratory safety for school personnel; 

‘‘(VI) design and implementation of hands-on 

laboratory experiences to encourage the interest of 

students, especially students who are traditionally 

underrepresented in STEM subject fields (including female students, minority students, students 

who are limited English proficient, students who 

are children with disabilities, and students from 

low-income families) in STEM subjects and help 

prepare such students to pursue postsecondary 

studies in these fields; and 

‘‘(VII) assessment of the activities funded under 

this subparagraph; 

‘‘(iii) broaden secondary school students’ access to, 

and interest in, careers that require academic preparation in 1 or more identified subjects; 

‘‘(iv) integrate instruction in the identified subjects 

with instruction in reading, English language arts, or 

other core and noncore academic subjects; 

‘‘(v) develop and implement a STEAM curriculum, 

which means the integration of instruction in the idenVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00198 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
195 

tified subjects with instruction in the arts and design; 

or 

‘‘(vi) establish or access online or distance learning 

programs for STEM subject teachers using evidencebased curricula. 

‘‘(C) LIMITATION.—Each subgrantee that receives a 

subgrant under this subsection shall not expend more than 

15 percent of the subgrant funds on the activities described in subparagraph (B). 

‘‘(D) MATCHING FUNDS.— 

‘‘(i) IN GENERAL.—A State or eligible entity may require an eligible subgrantee receiving a subgrant 

under this subsection to demonstrate that such subgrantee has obtained a commitment from 1 or more 

outside partners to match, using non-Federal funds, a 

portion of the amount of subgrant funds, in an amount 

determined by the State or eligible entity. 

‘‘(ii) REQUIRED MINIMUM.—Notwithstanding clause 

(i), if an eligible subgrantee partners with an outside 

partner that is a for-profit entity, such subgrantee 

shall obtain matching funds from the outside partner 

in an amount equal to not less than 15 percent of the 

amount of the subgrant. 

‘‘(d) PRIORITY.—In awarding grants under this part, an eligible 

entity shall give priority to subgrantees proposing to target services 

to— 

‘‘(1) students in schools in need of improvement and persistently low-achieving schools; or 

‘‘(2) schools with a high percentage of students that are eligible for free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). 

‘‘SEC. 5405. NATIONAL COORDINATION. 

‘‘From the amount reserved under section 5402(a)(1)(B), the Secretary shall consult with the Director of the National Science Foundation and other Federal agencies conducting STEM education programs to enhance such programs and to improve coordination 

across agencies, such as— 

‘‘(1) clarifying the appropriate roles for the Department of 

Education and the National Science Foundation in the execution of summer workshops, institutes, or partnerships to improve STEM education in elementary and secondary schools; or 

‘‘(2) integrating afterschool, out-of-school, and informal education efforts conducted across Federal agencies into strategies 

for enhancing and improving STEM education. 

‘‘SEC. 5406. STEM MASTER TEACHER CORPS PROGRAM. 

‘‘(a) GRANTS AUTHORIZED.—From the funds reserved under section 5402(a)(1)(A), the Secretary shall award 1 or more grants, on 

a competitive basis, to entities described in subsection (b)(1) to enable such entities to establish and operate a one-time STEM master teacher corps program. 

‘‘(b) STEM MASTER TEACHER CORPS.—The term ‘STEM master 

teacher corps’ (referred to in this section as the ‘corps’) means a 

one-time program— 


tjames on DSK6SPTVN1PROD with REPORTS
196 

‘‘(1) that establishes the viability of creating a long-term national-level master teacher corps as a means to recognize and 

reward accomplished STEM educators; 

‘‘(2) operated by 1 or more State educational agencies, or a 

consortium of local educational agencies, acting in partnership 

with 1 or more outside partners that have a demonstrated 

record of success in improving the effectiveness of STEM teachers or increasing the retention of such teachers; 

‘‘(3) that selects a group of highly rated teachers (through a 

process, and for a duration, determined by the entity described 

in paragraph (1)), as members of the corps, that constitutes not 

less than 5 percent and not more than 10 percent of elementary school, middle school, and high school teachers who teach 

STEM subjects and who— 

‘‘(A) teach in a participating high-need school in the region served by the entity described in paragraph (1); or 

‘‘(B) agree to teach in a participating high-need school in 

the region served by the entity described in paragraph (1) 

if accepted as a member of the corps; and 

‘‘(4) that aims to attract, improve, and retain teachers who 

teach STEM subjects and to increase student achievement in 

such subjects, including by— 

‘‘(A) providing instructional leadership responsibilities 

for corps members in their schools, local educational agencies, or States, such as mentoring beginning STEM teachers and leading professional development activities for 

teachers not participating in the corps; 

‘‘(B) providing corps members with research-based professional development on instructional leadership and effective teaching methods for STEM subjects, including coordinating with out-of-school-time and afterschool programs to provide engaging STEM programs; 

‘‘(C) providing each teacher who is a corps member with a salary supplement of not less than $10,000 per year, in 

recognition of such teacher’s teaching accomplishments, 

leadership, and increased responsibilities, for each year 

such teacher serves as a member of the corps; and 

‘‘(D) building a community of practice among corps members to enable such members to network, collaborate, and 

to share best practices and resources with each other. 

‘‘(c) DURATION.—Grants awarded under this section shall be for 

a period of not more than 3 years, after which the program under 

this subsection shall end. 

‘‘(d) APPLICATION.—Each entity described in subsection (b)(1) desiring a grant under this section shall submit an application to the 

Secretary at such time, in such manner, and accompanied by such 

information as the Secretary may require. 

‘‘(e) MATCHING FUNDS.—The Secretary may require a grantee 

under this section to provide non-Federal matching funds in an 

amount equal to the amount of grant funds awarded under this 

section. 

‘‘SEC. 5407. REPORTING REQUIREMENTS. 

‘‘(a) ELIGIBLE ENTITY REPORTS.—Each State educational agency 

receiving an award under section 5403 shall report annually to the 

Secretary regarding the State educational agency’s progress in adVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00200 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
197 

dressing the purposes of this Act. Such report shall include, at a 

minimum, a description of— 

‘‘(1) the professional development activities provided under 

the award, including types of activities and entities involved in 

providing professional development to classroom teachers and 

other program staff; 

‘‘(2) the types of programs and, for children from preschool 

to kindergarten entry, program settings, funded under the 

award; 

‘‘(3) the ages and demographic information that is not individually identifiable of children served by the programs funded 

under the award; 

‘‘(4) student performance on data metrics identified under 

section 5403(b)(8) used for STEM initiatives; and 

‘‘(5) the outcomes of programs and activities provided under 

the award. 

‘‘(b) ELIGIBLE SUBGRANTEE REPORTS.—Each eligible entity receiving a subgrant under section 5404(c) shall report annually to the 

State educational agency regarding the eligible entity’s progress in 

addressing the purposes of this Act. Such report shall include, at 

a minimum, a description of— 

‘‘(1) how the subgrant funds were used; and 

‘‘(2) student performance on relevant program metrics, as 

identified in the State education agency’s implementation plan 

under section 5403(b)(8). 

‘‘SEC. 5408. SUPPLEMENT NOT SUPPLANT. 

‘‘Funds received under this Act shall be used to supplement, and 

not supplant, funds that would otherwise be used for activities authorized under this Act. 

‘‘SEC. 5409. MAINTENANCE OF EFFORT. 

‘‘A State that receives funds under this Act for a fiscal year shall 

maintain the fiscal effort provided by the State for the subjects 

supported by the funds under this Act at a level equal to or greater 

than the level of such fiscal effort for the preceding fiscal year. 

‘‘SEC. 5410. DEFINITIONS. 

‘‘In this Act: 

‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a 

State educational agency in partnership with— 

‘‘(A) another State educational agency; 

‘‘(B) a consortium of State educational agencies; or 

‘‘(C) the State agencies that oversee childcare programs, 

state-funded prekindergarten, and part C of Individuals 

with Disabilities Education Act. 

‘‘(2) ELIGIBLE SUBGRANTEE.—The term ‘eligible subgrantee’ 

means— 

‘‘(A) a local educational agency; 

‘‘(B) 1 or more local educational agencies providing early 

learning programs, or 1 or more public or private early 

learning programs, serving children from preschool 

through kindergarten entry, such as a Head Start agency, 

a child care program, or a State-funded pre-kindergarten 

program, as appropriate; 

‘‘(C) an educational service agency serving more than 1 

local educational agency; 


tjames on DSK6SPTVN1PROD with REPORTS
198 

‘‘(D) a consortium of local educational agencies; or 

‘‘(E) any of the entities described in subparagraphs (A) 

through (D) working in partnership with an outside partner. 

‘‘(3) MULTI-TIERED SYSTEM OF SUPPORT.—For purposes of this 

Act, the term ‘multi-tiered system of support’ means a comprehensive system of differentiated supports that includes evidence-based instruction, universal screening, progress monitoring, formative assessments, research-based interventions 

matched to student needs and educational decisionmaking 

using student outcome data. 

‘‘(4) OUTSIDE PARTNER.—The term ‘outside partner’ means an 

entity that has expertise and a demonstrated record of success 

in improving student learning and engagement in the STEM 

subjects, including any of the following: 

‘‘(A) A nonprofit or community-based organization, such 

as an Indian tribe. 

‘‘(B) A business. 

‘‘(C) A nonprofit cultural organization, such as a museum or learning center. 

‘‘(D) An institution of higher education. 

‘‘(E) An educational service agency. 

‘‘(F) Another appropriate entity. 

‘‘(5) STEM SUBJECTS.—The term ‘STEM Subjects’ means the 

subjects of science, technology, engineering, and mathematics, 

including other academic subjects that build on or are integrated with these subjects, such as statistics, computer science, 

and environmental literacy, the arts and design, or other subjects a State identifies as important to the workforce of the 

State. 

‘‘SEC. 5411. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this subpart $500,000,000 for fiscal year 2014 and such sums as may be 

necessary for subsequent fiscal years. 

‘‘SUBPART 2—GRANTS TO SUPPORT COMPREHENSIVE LITERACY

EDUCATION

‘‘SEC. 5421. PURPOSES. 

‘‘The purposes of this part are— 

‘‘(1) to improve student literacy and academic achievement, 

including the ability to problem solve, communicate effectively, 

and acquire new knowledge and skills; 

‘‘(2) to assist State educational agencies and local educational agencies in the development, coordination, and implementation of comprehensive literacy plans that promote highquality evidence based instruction in alignment with State 

early learning and college- and career-ready standards from 

preschool through grade 12; 

‘‘(3) to identify and support students reading and writing significantly below grade level by providing evidence-based, intensive interventions to help the students acquire the language 

and literacy skills the students need to stay on track for graduation; 


tjames on DSK6SPTVN1PROD with REPORTS
199 

‘‘(4) to support State educational agencies and local educational agencies in improving reading, writing, and literacybased academic achievement for children and students, especially children and students who are low-income, are English 

learners, are migratory, are children with disabilities, are Indian or Alaskan Native, are neglected or delinquent, are homeless, are in the custody of the child welfare system, or have 

dropped out of school; 

‘‘(5) to provide assistance to local educational agencies in 

order to provide educators with ongoing, job-embedded professional development and other support focusing on imparting 

and employing— 

‘‘(A) the characteristics of effective language and literacy 

instruction; 

‘‘(B) the special knowledge and skills necessary to teach 

and support literacy development effectively across the developmental span and age span; 

‘‘(C) the essential components of reading instruction; and 

‘‘(D) the essential components of writing instruction; 

‘‘(6) to evaluate whether the professional development activities and approaches are effective in building knowledge and 

skills of educators and their use of appropriate and effective 

practices. 

‘‘(7) to support State educational agencies and local educational agencies in using age appropriate and developmentally 

appropriate instructional materials and strategies that assist 

teachers as the teachers work with students to develop reading 

and writing competencies appropriate to the students’ grade 

and skill levels; 

‘‘(8) to support efforts to link and align college and careerready standards and evidence-based teaching practices and instruction in early childhood education programs serving children from preschool through kindergarten entry; 

‘‘(9) strengthening coordination among schools, early literacy 

programs, family literacy programs, juvenile justice programs, 

public libraries, and outside-of-school programs that provide 

children and youth with strategies, curricula, interventions, 

and assessments designed to advance early and continuing language and literacy development in ways appropriate for each 

context; and 

‘‘(10) to engage the participation of parents in supporting 

their child’s communication and literacy development. 

‘‘SEC. 5422. PROGRAM AUTHORIZED. 

‘‘(a) IN GENERAL.—The Secretary is authorized— 

‘‘(1) to award State planning grants in accordance with section 5423; and 

‘‘(2) to award State implementation grants in accordance 

with section 5424 to enable the State educational agency to— 

‘‘(A) carry out the State activities described in section 

5425; 

‘‘(B) award subgrants to eligible entities in accordance 

with section 5426; and 

‘‘(C) award subgrants to eligible entities in accordance 

with section 5427. 

‘‘(b) AWARDS TO STATE EDUCATIONAL AGENCIES.— 


tjames on DSK6SPTVN1PROD with REPORTS
200 

‘‘(1) AMOUNTS LESS THAN $250,000,000.—If the amount appropriated under section 5430 for a fiscal year is less than 

$250,000,000, then the Secretary shall— 

‘‘(A) reserve not more than 5 percent to award planning 

grants, on a competitive basis, to State educational agencies, in accordance with section 5423; and 

‘‘(B) use the amount not reserved under subparagraphs 

(A) to make awards, on a competitive basis, to State educational agencies serving States that have applications approved under section 5424(b) to enable the State educational agencies to carry out sections 5424 and 5425. 

‘‘(2) AMOUNTS EQUAL TO OR EXCEEDING $250,000,000.— 

‘‘(A) IN GENERAL.—If the amount appropriated under 

section 5430 for a fiscal year equals or exceeds 

$250,000,000, then the Secretary shall— 

‘‘(i) reserve a total of 1 percent of such amount for— 

‘‘(I) allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among such outlying areas on the basis of 

their relative need, as determined by the Secretary in accordance with the purposes of this Act; 

and 

‘‘(II) the Secretary of the Interior for programs 

under sections 5423, 5424, 5425, 5426, and 5427 

in schools operated or funded by the Bureau of Indian Education; 

‘‘(ii) reserve not more than 5 percent to award planning grants, to State educational agencies serving 

States, in accordance with section 5423; 

‘‘(iii) reserve not more than 3 percent for national 

activities, such as evaluations, training, and technical 

assistance, to the Department of Education to support 

comprehensive literacy reform at the State level; and 

‘‘(iv) use the amount not reserved under clauses (i), 

and (ii) to make awards, from allotments under subparagraph (C), to State educational agencies serving 

States that have applications approved under section 

5424 and that are not receiving an allotment under 

clause (i)(I), to enable the State educational agencies 

to carry out sections 5424 and 5425. 

‘‘(B) SPECIAL RULES.— 

‘‘(i) PROPORTIONAL DIVISION.—In each fiscal year, 

the amount reserved under subparagraph (A)(i) shall 

be divided between the uses described in subclauses 

(I) and (II) of subparagraph (A)(i) in the same proportion as the amount reserved under section 1121(a) of 

the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 6331(a)) is divided between the uses described in paragraphs (1) and (2) of such section 

1121(a) for such fiscal year. 

‘‘(ii) CONSULTATION.—A State educational agency 

that receives an allotment under this paragraph shall 

engage in timely and meaningful consultation with 

representatives of Indian tribes located in the State in 


tjames on DSK6SPTVN1PROD with REPORTS
201 

order to improve the coordination and quality of activities designed to develop effective approaches to 

achieve the purposes of this Act consistent with the 

cultural, language, and educational needs of Indian 

students. 

‘‘(C) STATE ALLOTMENT FORMULA.—The Secretary shall 

allot the amount made available under subparagraph 

(A)(iv) for a fiscal year among the States not receiving an 

allotment from the reservation under subparagraph 

(A)(i)(I) in proportion to the number of children, from preschool through age 17, who reside within the State and are 

from families with incomes below the poverty line for the 

most recent fiscal year for which satisfactory data are 

available, compared to the number of such children who 

reside in all such States for that fiscal year. 

‘‘(3) MINIMUM AWARD AMOUNT.—Notwithstanding paragraphs 

(1) and (2), no State educational agency receiving an award 

under this section for a fiscal year may receive less than onefourth of 1 percent of the total amount appropriated under section 5430 for the fiscal year, except as provided under paragraph (2)(A)(i). 

‘‘(c) PEER REVIEW.—The Secretary shall convene a peer review 

panel to evaluate the application for each grant awarded to a State 

educational agency under sections 5423 and 5424 and shall make 

a copy of the peer review comments available to the public. 

‘‘(d) SUPPLEMENT NOT SUPPLANT.—Award funds provided under 

this Act shall supplement, and not supplant, other Federal, State, 

or local funds that would, in the absence of such award funds, be 

made available for literacy instruction and support of children and 

students participating in programs assisted under this Act. 

‘‘(e) MAINTENANCE OF EFFORT.—Each State educational agency 

that receives an award under sections 5423 and 5424, and each eligible entity that receives a subgrant under section 5426 or 5427, 

shall maintain for the fiscal year for which the grant or subgrant 

is received and for each subsequent fiscal year the expenditures of 

the State educational agency or eligible entity, respectively, for literacy instruction at a level not less than the level of such expenditures maintained by the State educational agency or eligible entity, 

respectively, for the fiscal year preceding such fiscal year for which 

the grant or subgrant is received. 

‘‘SEC. 5423. STATE PLANNING GRANTS. 

‘‘(a) PLANNING GRANTS AUTHORIZED.— 

‘‘(1) IN GENERAL.—From any amounts made available under 

paragraph (1)(A) or (2)(A)(ii) of section 5422(b), the Secretary 

may award planning grants to State educational agencies to 

enable the State educational agencies to develop or improve a 

comprehensive planning to carry out activities that improve literacy for children and students from preschool through grade 

12. 

‘‘(2) GRANT PERIOD.—A planning grant awarded under this 

section shall be for a period of not more than 1 year. 

‘‘(3) NONRENEWABILITY.—The Secretary shall not award a 

State educational agency more than 1 planning grant under 

this section. 


tjames on DSK6SPTVN1PROD with REPORTS
202 

‘‘(4) LIMITATION.—A State educational agency may not receive a planning grant under this section at the same time it 

is receiving an implementation grant under section 5424. 

‘‘(b) APPLICATION.— ‘‘(1) IN GENERAL.—Each State educational agency desiring a 

planning grant under this section shall submit an application 

to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. 

‘‘(2) EXISTING PLAN.—An existing federally funded State literacy plan can be used to meet the requirements of this subsection. 

‘‘(c) REQUIRED ACTIVITIES.—A State educational agency receiving 

planning grant funds under this section shall carry out each of the 

following activities: 

‘‘(1) Reviewing reading, writing, or other literacy resources 

and programs, such as school library programs, high-quality 

distance learning programs, and data across the State to identify any literacy needs and gaps in the State. 

‘‘(2) Forming or designating a State literacy leadership team 

which shall execute the following functions: 

‘‘(A) Creating a comprehensive State literacy plan that— 

‘‘(i) is designed to improve language, reading, writing, and academic achievement for children and students, especially those reading below grade level; 

‘‘(ii) includes a needs assessment and an implementation plan, including an analysis of child and student 

literacy data to identify baseline and benchmark levels 

of literacy and early literacy skills in order to monitor 

progress and improvement, and a plan to improve literacy levels among all children and students; 

‘‘(iii) ensures high quality strategies and instruction 

in early literacy development (which includes communication, reading, and writing) in early childhood education programs serving children from preschool 

through kindergarten entry and in kindergarten 

through grade 12 programs; 

‘‘(iv) provides for activities designed to improve literacy achievement for students who— 

‘‘(I) read or write below grade level; 

‘‘(II) attend schools in need of improvement and 

persistently low-achieving schools; and 

‘‘(III) attend schools with a high percentage or 

number of students that are eligible for free or reduced price lunch under the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1751 et 

seq.); and 

‘‘(v) is submitted to the Secretary. 

‘‘(B) Providing recommendations to guide the State educational agency in the State educational agency’s process 

of strengthening State literacy standards and embedding 

State literacy standards with the State’s college and career 

ready standards, academic achievement standards, and 

early learning standards. 

‘‘(C) Providing recommendations to guide the State educational agency in the State educational agency’s process 


tjames on DSK6SPTVN1PROD with REPORTS
203 

of measuring, assessing, and monitoring progress in literacy at the school, local educational agency, and State 

levels. 

‘‘(D) Identifying criteria for high quality professional development providers, which providers may include qualified teachers within the State, for the State educational 

agency and local educational agencies. 

‘‘(E) Advising the State educational agency on how to 

help ensure that local educational agencies and schools 

provide timely and appropriate data to teachers to inform 

and improve instruction. 

‘‘(F) Providing recommendations to guide the State educational agency in the State educational agency’s planning 

process of building educators’ capacity to provide highquality literacy instruction. 

‘‘(3) REPORTING REQUIREMENT.—Not later than 1 year after 

a State educational agency receives a planning grant under 

this section, the State educational agency shall submit a report 

to the Secretary on the State educational agency’s performance 

of the activities described in this subsection. 

‘‘SEC. 5424. STATE IMPLEMENTATION GRANTS. 

‘‘(a) IMPLEMENTATION GRANTS AUTHORIZED.— ‘‘(1) IN GENERAL.—From awards made available under paragraph (1)(B) or (2)(A)(iv) of section 5422(b), the Secretary shall, 

on a competitive basis or through allotments, respectively, 

award implementation grants to State educational agencies to 

enable the State educational agencies— 

‘‘(A) to implement a comprehensive literacy plan that 

meets the criteria in section 5423(c)(2)(A) for programs 

serving children from preschool through kindergarten 

entry through grade 12 programs; 

‘‘(B) to carry out State activities under section 5425; and 

‘‘(C) to award subgrants under sections 5426 and 5427. 

‘‘(2) LIMITATION.—The Secretary shall not award a implementation grant under this section to a State for any year for 

which the State has received a planning grant under section 

5423. 

‘‘(3) DURATION OF GRANTS.—An implementation grant under 

this section shall be awarded for a period of not more than 5 

years. 

‘‘(4) RENEWALS.— 

‘‘(A) IN GENERAL.—Implementation grants under this 

section may be renewed. 

‘‘(B) CONDITIONS.—In order to be eligible to have an implementation grant renewed under this paragraph, the 

State educational agency shall demonstrate to the satisfaction of the Secretary that— 

‘‘(i) the State educational agency has complied with 

the terms of the grant, including using the funds to— 

‘‘(I) increase access to high-quality professional 

development; 

‘‘(II) use developmentally appropriate curricula 

and teaching materials; and 

‘‘(III) use developmentally appropriate classroom-based instructional assessments and develVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00207 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
204 

opmentally appropriate screening and diagnostic 

assessments; and 

‘‘(ii) with respect to students in kindergarten 

through grade 12, during the period of the grant there 

has been significant progress in student achievement, 

as measured by the metrics described in section 

5424(b)(2)(C). 

‘‘(b) STATE APPLICATIONS.— 

‘‘(1) IN GENERAL.—A State educational agency that desires to 

receive an implementation grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The State educational agency shall collaborate with all 

State agencies 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 learning portion of the grant application under this subsection. 

‘‘(2) CONTENTS.—An application described in paragraph (1) 

shall include the following: 

‘‘(A) A description of the members of the State literacy 

leadership team and a description of how the State educational agency has developed a comprehensive State literacy plan, as described in section 5423(c)(2)(A). 

‘‘(B) An implementation plan that includes a description 

of how the State educational agency will— 

‘‘(i) carry out the State activities described in section 

5425; 

‘‘(ii) assist eligible entities with— 

‘‘(I) providing strategic and intensive literacy instruction based on scientifically valid research for 

students who are reading and writing below grade 

level, including through the use of multi-tiered 

systems of support, including addressing the literacy needs of children and youth with disabilities 

or developmental delays and English learners in 

early childhood education programs serving children from preschool through kindergarten entry 

and programs serving students from preschool 

through grade 12; 

‘‘(II) providing training to parents, as appropriate, so that the parents can participate in the 

literacy related activities described in sections 

5426 and 5427 to assist in the language and literacy development of their children; 

‘‘(III) selecting and using reading and writing 

assessments; 

‘‘(IV) providing classroom-based instruction that 

is supported by one-to-one and small group work; 

‘‘(V) using curricular materials and instructional 

tools, which may include technology, to improve 

instruction and literacy achievement; 

‘‘(VI) providing for high-quality professional development; and 


tjames on DSK6SPTVN1PROD with REPORTS
205 

‘‘(VII) using the principles of universal design 

for learning, as described in section 5429(b)(21); 

‘‘(iii) ensure that local educational agencies in the 

State have leveraged and are effectively leveraging the 

resources needed to implement effective literacy instruction, and have the capacity to implement literacy 

initiatives effectively; 

‘‘(iv) continually coordinate and align the activities 

assisted under this section and sections 5426 and 5427 

with reading, writing, and other literacy resources and 

programs across the State and locally that serve children and students and their families and promote literacy instruction and learning, including strengthening partnerships among schools, libraries, local 

youth-serving agencies, and programs, in order to improve literacy for all children and youth; and 

‘‘(v) ensure that funds provided under this section 

are awarded in a manner that will provide services to 

all grade levels, including proportionally to middle 

schools and high schools. 

‘‘(C) A description of the key data metrics that will be 

used and reported annually under section 5428(b)(1)(E), 

that shall include— 

‘‘(i) student academic achievement on the English 

language arts State academic assessments and student growth over time; 

‘‘(ii) for diploma granting schools, graduation rates; 

‘‘(D) An assurance that the State educational agency will 

use implementation grant funds under this section for literacy programs as follows: 

‘‘(i) Not less than 10 percent of such grant funds 

shall be used for State and local programs and activities pertaining to learners from preschool through kindergarten entry. 

‘‘(ii) Not less than 40 percent of such implementation 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 implementation grant funds shall be used for State and local programs and activities, allocated equitably among grades 

6 through 12. 

‘‘(iv) Not more than 10 percent of such implementation grant funds shall be used for the State activities 

described in section 5425. 

‘‘(E) An assurance that the State educational agency 

shall give priority to awarding a subgrant to an eligible entity— 

‘‘(i) under section 5426 based on the number or percentage of children younger than the age of kindergarten entry and the number of students from kindergarten through 17 who are— 

‘‘(I) served by the eligible entity; and 

‘‘(II) from families with income below the poverty line, based on the most recent satisfactory 


tjames on DSK6SPTVN1PROD with REPORTS
206 

data provided to the Secretary by the Bureau of 

the Census for determining eligibility under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6333(c)(1)(A)); and 

‘‘(ii) under section 5427, that proposes to serve— 

‘‘(I) a high number or percentage of students 

served by the eligible entity that are reading and 

writing below grade level according to State assessments; 

‘‘(II) students that attend schools in need of improvement and persistently low-achieving schools; 

and 

‘‘(III) students that attend schools with a high 

percentage or number of students that are eligible 

for free or reduced price lunch under the Richard 

B. Russell National School Lunch Act (42 U.S.C. 

1751 et seq.). 

‘‘(c) APPROVAL OF APPLICATIONS.— 

‘‘(1) IN GENERAL.—The Secretary, in consultation with the 

peer review panel established under paragraph (2), shall evaluate State educational agency applications under subsection (b) 

based on the responsiveness of the applications to the application requirements under such subsection. 

‘‘(2) PEER REVIEW.—The Secretary shall convene a peer review panel in accordance with section 5422(c) to evaluate applications for each implementation grant awarded to a State 

educational agency under this section. 

‘‘(3) EARLY LEARNING.—In order for a State educational agency’s application under this section to be approved by the Secretary, the application shall contain an assurance that the 

State agencies responsible for administering early childhood 

education programs and services, including the State agency 

responsible for administering child care programs and the 

State Advisory Council on Early Childhood Education and 

Care established under section 642B(b) of the Head Start Act 

(42 U.S.C. 9837b(b)), approves of, and will be extensively consulted in the implementation of related activities and services 

consistent with section 5426 with respect to, the early learning 

portion of the application. 

‘‘SEC. 5425. STATE ACTIVITIES. 

‘‘(a) REQUIRED ACTIVITIES.—A State educational agency shall use 

funds made available under section 5422(a)(2)(A) and described in 

section 5424(b)(2)(D)(iv) to carry out the activities proposed in a 

State’s plan consistent with section 5424(b)(2), including the following activities: 

‘‘(1) Carrying out the assurances and activities provided in 

the State application under section 5424(b)(2). 

‘‘(2) In consultation with the State literacy leadership team, 

providing technical assistance or engaging qualified providers 

to provide technical assistance to eligible entities to enable the 

eligible entities to design and implement a literacy program 

under sections 5426 and 5427. 


tjames on DSK6SPTVN1PROD with REPORTS
207 

‘‘(3) Providing technical assistance to eligible entities that 

are prioritized in section 5424(b)(2)(E), including eligible entities that serve low-capacity rural and urban areas by— 

‘‘(A) informing those eligible entities that they have a 

priority for competing for grants under section 5426 and 

5427; and 

‘‘(B) providing eligible entities who do not receive a grant 

under section 5426 and 5427 technical assistance so that 

they may re-compete in following competitions. 

‘‘(4) Continuing to consult with the State literacy leadership 

team and continuing to coordinate with institutions of higher 

education in the State— 

‘‘(A) in order to provide recommendations to strengthen 

and enhance preservice courses for students preparing, at 

institutions of higher education in the State, to teach children from preschool through grade 12 in explicit, systematic, and intensive instruction in evidence-based literacy 

methods; and 

‘‘(B) by following up reviews completed by the State literacy leadership team with recommendations to ensure 

that such institutions offer courses that meet the highest 

standards. 

‘‘(5) Reviewing and updating, in collaboration with teachers, 

statewide educational and professional organizations representing teachers, and statewide educational and professional 

organizations representing institutions of higher education, 

State licensure and certification standards in the area of literacy instruction in early childhood education through grade 

12. 

‘‘(6) Making publicly available, including on the State educational agency’s website, information on promising instructional practices to improve student literacy achievement. 

‘‘(b) PERMISSIVE ACTIVITIES.—After carrying out activities described in subsection (a), a State educational agency may use remaining funds made available under section 5422(a)(2)(A) and described in section 5424(b)(2)(D)(iv) to carry out 1 or more of the following activities: 

‘‘(1) Training the personnel of eligible entities to use data 

systems that track student literacy achievement. 

‘‘(2) Developing literacy coach training programs and training literacy coaches. 

‘‘(3) Building public support among local educational agency 

personnel, early childhood education programs, and the community for comprehensive literacy instruction for children and 

students from preschool through grade 12. 

‘‘SEC. 5426. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF PRESCHOOL THROUGH KINDERGARTEN ENTRY LITERACY. 

‘‘(a) SUBGRANTS.— 

‘‘(1) IN GENERAL.—A State educational agency, 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 the State Advisory Council on Early Childhood Education 

and Care established under section 642B(b) of the Head Start 

Act (42 U.S.C. 9837b(b)), shall use implementation grant funds 


tjames on DSK6SPTVN1PROD with REPORTS
208 

provided under section 5422(a)(2)(B) 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 preschool through kindergarten entry. 

‘‘(2) DURATION.—The term of subgrant under this section 

shall be for 5 years. 

‘‘(b) 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 preschool through kindergarten entry. 

‘‘(c) 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 aspects of school readiness of children, from 

preschool through kindergarten entry, in early childhood education programs, including an analysis of the data used to 

identify how funds will be used to improve language and literacy; 

‘‘(2) the programs assisted under the subgrant, including demographic and socioeconomic information on the children enrolled in the programs; 

‘‘(3) a budget for the eligible entity that projects the cost of 

developing and implementing literacy initiatives to carry out 

the activities described in subsection (e); 

‘‘(4) how, if the eligible entity is requesting a planning period, the eligible entity will use that planning period to prepare 

for successful implementation of a plan to support the development of learning and literacy consistent with the purposes of 

this Act; 

‘‘(5) the literacy initiatives, if any, in place and how these 

initiatives will be coordinated and integrated with activities 

supported under this section; 

‘‘(6) how the subgrant funds will be used to prepare and provide ongoing assistance to staff in the programs, through highquality professional development; 

‘‘(7) how the subgrant funds will be used to provide services, 

incorporate activities, and select and use literacy instructional 

materials that meet the diverse developmental and linguistic 

needs of children, including English learners and children with 

disabilities and developmental delays, and that are based on 

scientifically valid research on child development and learning 

for children from preschool through kindergarten entry; 

‘‘(8) how the subgrant funds will be used to provide screening 

assessments, diagnostic assessments, classroom-based instructional assessments, and assessments of developmental 

progress; 

‘‘(9) how families and caregivers will be involved, as appropriate, in supporting their children’s literacy development, instruction, and assessment; 

‘‘(10) how the subgrant funds will be used to help children, 

particularly children experiencing difficulty with oral and writVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00212 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
209 

ten language, to make the transition from early childhood education to formal classroom instruction; 

‘‘(11) how the activities assisted under the subgrant will be 

coordinated with literacy instruction at the kindergarten 

through grade 5 level; 

‘‘(12) how the subgrant funds will be used— 

‘‘(A) to evaluate the success of the activities assisted 

under the subgrant in enhancing the early language and 

literacy development of children from preschool through 

kindergarten entry; and 

‘‘(B) to evaluate data for program improvement; and 

‘‘(13) such other information as the State educational agency 

may require. 

‘‘(d) APPROVAL OF LOCAL APPLICATIONS.—The State educational 

agency, in consultation with the State agencies responsible for administering early childhood education programs, including the 

State agency responsible for administering child care programs and 

the State Advisory Council on Early Childhood Education and Care 

established under section 642B(b) of the Head Start Act (42 U.S.C. 

9837b(b)), shall— 

‘‘(1) select applications for funding under this section based 

on the quality of the applications submitted, including the relationship between literacy activities proposed and the research 

base or data supporting such activities, as appropriate, and the 

recommendations of— 

‘‘(A) the State literacy leadership team; and 

‘‘(B) other experts in the area of early literacy; and 

‘‘(2) place priority for funding programs based on the criteria 

in section 5424(b)(2)(E)(i). 

‘‘(e) LOCAL USES OF FUNDS.— 

‘‘(1) IN GENERAL.—An eligible entity that receives a subgrant 

under this section shall use the subgrant funds consistent with 

the application proposed in subsection (c) to carry out the following activities: 

‘‘(A) Enhancing and improving early childhood education 

programs to ensure that children in such programs are 

provided with high-quality oral language and literatureand print-rich environments in which to develop early literacy skills. 

‘‘(B) Providing high-quality professional development. 

‘‘(C) Acquiring, providing training for, and implementing 

screening assessments, diagnostic assessments, and classroom-based instructional assessments. 

‘‘(D) Selecting, developing, and implementing a multitiered system of support. 

‘‘(E) Integrating evidence-based instructional materials, 

activities, tools, and measures into the programs offered by 

the eligible entity to improve development of early learning language and literacy skills. 

‘‘(F) Training providers and personnel to support, develop, and administer high-quality early learning literacy 

initiatives that— 

‘‘(i) utilize data— 

‘‘(I) to inform instructional design; and 

‘‘(II) to assess literacy needs; and 


tjames on DSK6SPTVN1PROD with REPORTS
210 

‘‘(ii) provide time and support for personnel to meet 

to plan literacy instruction. 

‘‘(G) Providing for family literacy services, as appropriate, and partnering with families to support their 

child’s learning. 

‘‘(H) Annually collecting, summarizing, and reporting to 

the State educational agency data— 

‘‘(i) to document and monitor, for the purpose of improving or increasing early literacy and language 

skills development pursuant to activities carried out 

under this section; 

‘‘(ii) to stimulate and accelerate improvement by 

identifying the programs served by the eligible entity 

that produce significant gains in skills development; 

and 

‘‘(iii) for all subgroups of students and categories of 

students that— 

‘‘(I) utilizes a variety of data; and 

‘‘(II) is consistent across the State. 

‘‘(2) LIMITATION.—An eligible entity that receives a subgrant 

under this section shall not use more than 10 percent of the 

subgrant funds to purchase curricula and assessment materials. 

‘‘(f) PROHIBITION.—The use of assessment items and data on any 

assessment authorized under this section to provide rewards or 

sanctions for individual children, early childhood educators, teachers, program directors, or principals is prohibited. 

‘‘SEC. 5427. CONSEQUENCES OF INSUFFICIENT PROGRESS, REPORTING REQUIREMENTS, AND CONFLICTS OF INTEREST. 

‘‘(a) CONSEQUENCES OF INSUFFICIENT PROGRESS.— ‘‘(1) CONSEQUENCES FOR GRANT RECIPIENTS.—If the Secretary 

determines that a State educational agency receiving an award 

under section 5422(b) or an eligible entity receiving a subgrant 

under section 5426 or 5427 is not making significant progress 

in meeting the purposes of this Act and the key metrics identified by the State educational agency under section 

5424(b)(2)(C) after the submission of a report described in subsection (b), then the Secretary may withhold, in whole or in 

part, further payments under this Act in accordance with section 455 of the General Education Provisions Act (20 U.S.C. 

1234d) or take such other action authorized by law as the Secretary determines necessary, including providing technical assistance upon request of the State educational agency or eligible entity, respectively. 

‘‘(2) CONSEQUENCES FOR SUBGRANT RECIPIENTS.— 

‘‘(A) IN GENERAL.—A State educational agency receiving 

an award under section 5422(b) may refuse to award 

subgrant funds to an eligible entity under section 5426 or 

5427 if the State educational agency finds that the eligible 

entity is not making significant progress in meeting the 

purposes of this Act, after— 

‘‘(i) affording the eligible entity notice, a period for 

correction, and an opportunity for a hearing; and 

‘‘(ii) providing technical assistance to the eligible entity. 


tjames on DSK6SPTVN1PROD with REPORTS
211 

‘‘(B) FUNDS AVAILABLE.—Subgrant funds not awarded 

under subparagraph (A) shall be redirected to an eligible 

entity serving similar children and students in the same 

area or region as the eligible entity not awarded the 

subgrant funds, to the greatest extent practicable. 

‘‘(b) REPORTING REQUIREMENTS.— 

‘‘(1) STATE EDUCATIONAL AGENCY REPORTS.—Each State educational agency receiving an award under section 5422(b) shall 

report annually to the Secretary regarding the State educational agency’s progress in addressing the purposes of this 

Act. Such report shall include, at a minimum, a description 

of— 

‘‘(A) the professional development activities provided 

under the award, including types of activities and entities 

involved in providing professional development to classroom teachers and other program staff, such as school librarians; 

‘‘(B) the instruction, strategies, activities, curricula, materials, and assessments used in the programs funded 

under the award; 

‘‘(C)(i) the types of programs and, for children from preschool to kindergarten entry, program settings, funded 

under the award; and 

‘‘(ii) the ages and demographic information that is not 

individually identifiable of children served by the programs funded under the award; 

‘‘(D) the experience and qualifications of the program 

staff who provide literacy instruction under the programs 

funded under the award, including the experience and 

qualifications of those staff working with children with disabilities or developmental delays and with English learners and children from preschool to kindergarten entry; 

‘‘(E) key data metrics identified under section 

5424(b)(2)(C) used for literacy initiatives; 

‘‘(F) student performance on relevant program metrics, 

as identified in the State education agency’s implementation plan under section 5424(b)(2)(C); and 

‘‘(G) the outcomes of programs and activities provided 

under the award. 

‘‘(2) ELIGIBLE ENTITY REPORTS.—Each eligible entity receiving a subgrant under section 5426 or 5427 shall report annually to the State educational agency regarding the eligible entity’s progress in addressing the purposes of this Act. Such report shall include, at a minimum, a description of— 

‘‘(A) how the subgrant funds were used; and 

‘‘(B) student performance on relevant program metrics, 

as identified in the State education agency’s implementation plan under section 5424(b)(2)(C). 

‘‘(c) CONFLICTS OF INTEREST.—The Secretary shall ensure that 

each member of the peer review panel described in section 5422(c) 

and each member of a State literacy leadership team participating 

in a program or activity assisted under this Act does not stand to 

benefit financially from a grant or subgrant awarded under this 

Act. 


tjames on DSK6SPTVN1PROD with REPORTS
212 

‘‘SEC. 5428. DEFINITIONS. 

‘‘(a) IN GENERAL.—Unless otherwise specified, the terms used in 

this Act have the meanings given the terms in section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). 

‘‘(b) OTHER TERMS.—In this Act: 

‘‘(1) CHARACTERISTICS OF EFFECTIVE LITERACY STRATEGIES

AND INSTRUCTION.—The term ‘characteristics of effective literacy strategies and instruction’ means— 

‘‘(A) for children from preschool through kindergarten 

entry— 

‘‘(i) providing high quality professional development 

opportunities for early childhood educators, teachers, 

and school leaders in— 

‘‘(I) literacy development; 

‘‘(II) language development; 

‘‘(III) English language acquisition (as appropriate); and 

‘‘(IV) effective language and literacy instruction 

and teaching strategies aligned to State standards; 

‘‘(ii) reading aloud to children, engaging children in 

shared reading experiences, discussing reading with 

children, and modeling age and developmentally appropriate reading strategies; 

‘‘(iii) encouraging children’s early attempts at communication, reading, writing, and drawing, and talking about the meaning of the reading, writing, and 

drawing with others; 

‘‘(iv) creating conversation rich classrooms and using 

oral modeling techniques to build oral language skills; 

‘‘(v) multiplying opportunities for children to use 

language with peers and adults; 

‘‘(vi) providing strategic and explicit instruction in 

the identification of speech sounds, letters, and lettersound correspondence; 

‘‘(vii) integrating oral and written language; 

‘‘(viii) stimulating vocabulary development; 

‘‘(ix) using differentiated instructional approaches or 

teaching strategies, including— 

‘‘(I) individual and small group instruction or 

interactions; and 

‘‘(II) professional development, curriculum development, and classroom instruction; 

‘‘(x) applying the principles of universal design for 

learning, as described in section 5429(b)(21); 

‘‘(xi) using age-appropriate screening assessments, 

diagnostic assessments, formative assessments, and 

summative assessments to identify individual learning 

needs, to inform instruction, and to monitor— 

‘‘(I) student progress and the effects of instruction over time; and 

‘‘(II) for children between the ages of preschool 

and kindergarten entry, progress and development 

within established norms; 


tjames on DSK6SPTVN1PROD with REPORTS
213 

‘‘(xii) coordinating the involvement of families, early 

childhood education program staff, principals, other 

school leaders, and teachers in the reading and writing achievement of children served under this Act; 

‘‘(xiii) using a variety of age and developmentally 

appropriate, high quality materials for language development, reading, and writing; 

‘‘(xiv) encouraging family literacy experiences and 

practices, and educating teachers, public librarians, 

and parents and other caregivers about literacy development and child literacy development; and 

‘‘(xv) using strategies to enhance children’s— 

‘‘(I) motivation to communicate, read, and write; 

and 

‘‘(II) engagement in self-directed learning; 

‘‘(B) for students in kindergarten through grade 3— 

‘‘(i) providing high quality professional development 

opportunities, for teachers, literacy coaches, literacy 

specialists, English as a second language specialists 

(as appropriate), school librarians, and principals, on 

literacy development, language development, English 

language acquisition, and effective literacy instruction 

that— 

‘‘(I) aligns to State standards as well as local 

curricula and instructional assessments; and 

‘‘(II) addresses literacy development opportunities across the curricula; 

‘‘(ii) providing age appropriate direct and explicit instruction; 

‘‘(iii) providing strategic, systematic, and explicit instruction in phonological awareness, phonic decoding, 

vocabulary, reading fluency, and reading comprehension; 

‘‘(iv) making available and using diverse texts at the 

reading, development, and interest level of students; 

‘‘(v) providing multiple opportunities for students to 

write individually and collaboratively with instruction 

and feedback; 

‘‘(vi) using differentiated instructional approaches, 

including individual, small group, and classroom-based 

instruction and discussion; 

‘‘(vii) using oral modeling techniques and opportunities for students to use language with the students’ 

peers and adults to build student language skills; 

‘‘(viii) providing time and opportunities for systematic and intensive instruction, intervention, and practice to supplement regular instruction, which can be 

provided inside and outside the classroom as well as 

during and outside regular school hours; 

‘‘(ix) providing instruction in uses of print materials 

and technological resources for research and for generating and presenting content and ideas; 

‘‘(x) using screening assessments, diagnostic assessments, formative assessments, and summative assessments to identify student learning needs, to inform inVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00217 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
214 

struction, and to monitor student progress and the effects of instruction over time; 

‘‘(xi) coordinating the involvement of families, caregivers, teachers, principals, other school leaders, and 

teacher literacy teams in the reading and writing 

achievement of children served under this Act; 

‘‘(xii) encouraging family literacy experiences and 

practices; and 

‘‘(xiii) using strategies to enhance students’— 

‘‘(I) motivation to read and write; and 

‘‘(II) engagement in self-directed learning; and 

‘‘(C) for students in grades 4 through 12— 

‘‘(i) providing high quality professional development 

opportunities for teachers, literacy coaches, literacy 

specialists, English as a second language specialists 

(as appropriate), school librarians, and principals, including professional development on literacy development, language development, and effective literacy instruction embedded in schools and aligned to State 

standards; 

‘‘(ii) providing direct and explicit comprehension instruction; 

‘‘(iii) providing direct and explicit instruction that 

builds academic vocabulary and strategies and knowledge of text structure for reading different kinds of 

texts within and across core academic subjects; 

‘‘(iv) making available and using diverse texts at the 

reading, development, and interest level of the students; 

‘‘(v) providing multiple opportunities for students to 

write with clear purposes and critical reasoning appropriate to the topic and purpose and with specific instruction and feedback from teachers and peers; 

‘‘(vi) using differentiated instructional approaches; 

‘‘(vii) using strategies to enhance students’— 

‘‘(I) motivation to read and write; and 

‘‘(II) engagement in self-directed learning; 

‘‘(viii) providing for text-based learning across content areas; 

‘‘(ix) providing systematic, strategic, and individual 

and small group instruction, including intensive supplemental intervention for students reading significantly below grade level, which may be provided inside 

and outside the classroom as well as during and outside regular school hours; 

‘‘(x) providing instruction in the uses of technology 

and multimedia resources for classroom research and 

for generating and presenting content and ideas; 

‘‘(xi) using screening assessments, diagnostic assessments, formative assessments, and summative assessments to identify learning needs, inform instruction, 

and monitor student progress and the effects of instruction; 

‘‘(xii) coordinating the involvement of families and 

caregivers, to the extent feasible and appropriate as 


tjames on DSK6SPTVN1PROD with REPORTS
215 

determined by the Secretary, to improve reading, writing, and academic achievement; and 

‘‘(xiii) coordinating the involvement of school librarians, teachers, principals, other school leaders, teacher 

literacy teams, and English as a second language specialists (as appropriate), that analyze student work 

and plan or deliver instruction over time. 

‘‘(2) CLASSROOM-BASED INSTRUCTIONAL ASSESSMENT.—The 

term ‘classroom-based instructional assessment’ means an assessment, for children between preschool through grade 3, 

that— 

‘‘(A) is valid and reliable for the age and population of 

children being assessed; 

‘‘(B) is used to evaluate children’s developmental 

progress and learning, including systematic observations 

by teachers of children performing tasks, including academic and literacy tasks, that are part of their daily classroom experience; and 

‘‘(C) is used to improve classroom instruction. 

‘‘(3) COMPREHENSIVE LITERACY INSTRUCTION.—The term 

‘comprehensive literacy instruction’ means instruction that— 

‘‘(A) involves the characteristics of effective literacy instruction; and 

‘‘(B) is designed to support the essential components of 

reading instruction and the essential components of writing instruction. 

‘‘(4) DEVELOPMENTAL DELAY.—The term ‘developmental 

delay’ has the meaning given the term in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432). 

‘‘(5) DIAGNOSTIC ASSESSMENT.—The term ‘diagnostic assessment’ means an assessment that— 

‘‘(A) is valid, reliable, and based on scientifically valid 

research on language, literacy, and English language acquisition; 

‘‘(B) is used for the purposes of— 

‘‘(i) identifying a student’s specific areas of strengths 

and weaknesses in oral language and literacy; 

‘‘(ii) determining any difficulties that the student 

may have in oral language and literacy and the potential cause of such difficulties; and 

‘‘(iii) helping to determine possible literacy intervention strategies and related special needs of the student; and 

‘‘(C) in the case of young children, is conducted after a 

screening assessment that identifies potential risks or a 

lack of school preparedness, including oral language and 

literacy development, or delayed development. 

‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— 

‘‘(A) when used with respect to children from preschool 

through kindergarten entry— 

‘‘(i) 1 or more local educational agencies providing 

early childhood education programs, or 1 or more public or private early childhood education programs, 

serving children from preschool through kindergarten 

entry (such as a Head Start program, a child care proVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00219 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
216 

gram, a State-funded prekindergarten program, a public library program, or a family literacy program), that 

has a demonstrated record of providing effective literacy instruction for the age group such agency or program proposes to serve under section 5426; or 

‘‘(ii) 1 or more entities described in clause (i) acting 

in partnership with 1 or more public agencies or private nonprofit organizations that have a demonstrated 

record of effectiveness— 

‘‘(I) in improving the early literacy development 

of children from preschool through kindergarten 

entry; and 

‘‘(II) in providing professional development 

aligned with the activities described in section 

5426(e)(1); or 

‘‘(B) when used with respect to students in kindergarten 

through grade 12— 

‘‘(i) that is— 

‘‘(I) a local educational agency; 

‘‘(II) a consortium of local educational agencies; 

or 

‘‘(III) or a local educational agency or consortium of local educational agencies that may act in 

partnership with 1 or more public agencies or private nonprofit organizations, which agencies or organizations shall have a demonstrated record of 

effectiveness, consistent with the purposes of their 

participation, in improving literacy achievement of 

students from kindergarten through grade 12 and 

in providing professional development described in 

section 5427(a)(3)(B); 

‘‘(ii) that— 

‘‘(I) is among, or consists of, the local educational agencies in the State with the highest 

numbers or percentages of students reading or 

writing below grade level, based on the most currently available State academic assessment data; 

‘‘(II) has jurisdiction over a significant number 

or percentage of schools that are identified for 

school improvement under section 1116; or 

‘‘(iii) has the highest numbers or percentages of children who are counted under section 1124(c) of the Elementary and Secondary Education Act (20 U.S.C. 

6333(c)), in comparison to other local educational 

agencies in the State. 

‘‘(7) ENGLISH LANGUAGE ACQUISITION.— 

‘‘(A) IN GENERAL.—The term ‘English language acquisition’ means the process by which a non-native English 

speaker acquires proficiency in speaking, listening, reading, and writing the English language. 

‘‘(B) INCLUSIONS FOR ENGLISH LEARNERS IN SCHOOL.—For 

an English language learner in school, such term includes 

not only the social language proficiency needed to participate in the school environment, but also the academic lanVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00220 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
217 

guage proficiency needed to acquire literacy and academic 

content and demonstrate the student’s learning. 

‘‘(8) ESSENTIAL COMPONENTS OF READING INSTRUCTION.—The 

term ‘essential components of reading instruction’ means developmentally appropriate, contextually explicit, systematic instruction, and frequent practice, in reading across content 

areas. 

‘‘(9) ESSENTIAL COMPONENTS OF WRITING INSTRUCTION.—The 

term ‘essential components of writing instruction’ means developmentally appropriate and contextually explicit instruction, 

and frequent practice, in writing across content areas. 

‘‘(10) FAMILY LITERACY SERVICES.—The term ‘family literacy 

services’ means literacy services provided on a voluntary basis 

that are of sufficient intensity in terms of hours and duration 

and that integrate all of the following activities: 

‘‘(A) Interactive literacy activities between or among parents and their children, including parent literacy training. 

‘‘(B) Training for parents regarding how to be the primary teacher for their children and full partners in the 

education of their children. 

‘‘(C) Parent literacy training that leads to economic selfsufficiency. 

‘‘(D) An age-appropriate education to prepare children 

for success in school and life experiences. 

‘‘(11) FORMATIVE ASSESSMENT.—The term ‘formative assessment’ means a process that— 

‘‘(A) is teacher-generated or selected by teachers and students during instructional learning; 

‘‘(B) is embedded within the learning activity and linked 

directly to the current unit of instruction; and 

‘‘(C) provides feedback to adjust ongoing teaching and 

learning to improve students’ achievement of intended instructional outcomes. 

‘‘(12) HIGH-QUALITY PROFESSIONAL DEVELOPMENT.—The term 

‘high-quality professional development’ means professional development that— 

‘‘(A) is job-embedded, ongoing, and based on scientifically 

valid research; 

‘‘(B) is sustained, intensive, and classroom-focused; 

‘‘(C) is designed to increase the knowledge and expertise 

of teachers, early childhood educators and administrators, 

principals, other school leaders, and other program staff in 

applying— 

‘‘(i) the characteristics of effective literacy instruction; 

‘‘(ii) the essential components of reading instruction; 

‘‘(iii) the essential components of writing instruction; 

and 

‘‘(iv) instructional strategies and practices that are 

appropriate to the age, development, and needs of children and improve student learning, including strategies and practices consistent with the principles of 

universal design for learning, as described in section 

5429(b)(21); 


tjames on DSK6SPTVN1PROD with REPORTS
218 

‘‘(D) includes and supports teachers in effectively administering age appropriate and developmentally appropriate 

assessments, and analyzing the results of such assessments for the purposes of planning, monitoring, adapting, 

and improving effective classroom instruction or teaching 

strategies to improve student literacy; 

‘‘(E) for educators working with students in kindergarten 

through grade 12— 

‘‘(i) supports the characteristics of effective literacy 

instruction through core academic subjects, and 

through career and technical education subjects where 

such career and technical education subjects provide 

for the integration of core academic subjects; and 

‘‘(ii) includes explicit instruction in discipline-specific 

thinking and how to read and interpret discipline-specific text structures and features; 

‘‘(F) includes instructional strategies utilizing one-to-one, 

small group, and classroom-based instructional materials 

and approaches based on scientifically valid research on 

literacy; 

‘‘(G) provides ongoing instructional literacy coaching— 

‘‘(i) to ensure high-quality implementation of effective practices of literacy instruction that are contentcentered, integrated across the curricula, collaborative, 

and embedded in the school, classroom, or other setting; and 

‘‘(ii) that uses student data to improve instruction; 

‘‘(H) includes and supports teachers in setting high reading and writing achievement goals for all students and 

provides the teachers with the instructional tools and 

skills to help students reach such goals; and 

‘‘(I) is differentiated for educators working with children 

from preschool through kindergarten entry, students in 

kindergarten through grade 5, and students in grades 6 

through 12, and, as appropriate, by student grade or student need. 

‘‘(13) LITERACY COACH.—The term ‘literacy coach’ means a 

professional— 

‘‘(A) who— 

‘‘(i) has previous teaching experience and— 

‘‘(I) a master’s degree with a concentration in 

reading and writing education; 

‘‘(II) demonstrated proficiency in teaching reading or writing in a core academic subject consistent with the characteristics of effective literacy 

instruction; or 

‘‘(III) in the case of a literacy coach for children 

from preschool through kindergarten entry, a concentration, credential, or significant experience in 

child development and early literacy development; 

and 

‘‘(ii) is able to demonstrate the ability to help teachers— 

‘‘(I) apply research on how students become successful readers, writers, and communicators; 


tjames on DSK6SPTVN1PROD with REPORTS
219 

‘‘(II) apply multiple forms of assessment to 

guide instructional decisionmaking and use data 

to improve literacy instruction; 

‘‘(III) improve student writing and reading in 

and across content areas such as mathematics, 

science, social studies, and language arts; 

‘‘(IV) develop and implement differentiated instruction and teaching approaches to serve the 

needs of the full range of learners, including 

English learners and children with disabilities; 

‘‘(V) apply principles of universal design for 

learning, as described in section 5429(b)(21); 

‘‘(VI) employ best practices in engaging principals, early childhood educators and administrators, teachers, and other professionals supporting 

literacy instruction to change school cultures to 

better encourage and support literacy development and achievement; and 

‘‘(VII)(aa) for children from preschool through 

kindergarten entry, set developmentally appropriate expectations for language; and 

‘‘(bb) for all children, set literacy development 

and high reading and writing achievement goals 

and select, acquire, and use instructional tools 

and skills to help the children reach such goals; 

and 

‘‘(B) whose role with teachers and professionals supporting literacy instruction is— 

‘‘(i) to provide high-quality professional development; 

‘‘(ii) to work cooperatively and collaboratively with 

principals, teachers, and other professionals in employing strategies to help teachers identify and support student language and literacy needs and teach literacy across content areas and developmental domains; and 

‘‘(iii) to work cooperatively and collaboratively with 

other professionals in employing strategies to help 

teachers teach literacy across content areas so that the 

teachers can meet the needs of all students, including 

children with disabilities, English learners, and students who are reading at or above grade level. 

‘‘(14) MULTI-TIERED SYSTEM OF SUPPORT.—The term ‘multitiered system of support’ means a comprehensive system of differentiated supports that includes evidence-based instruction, 

universal screening, progress monitoring, formative assessments, evidence-based interventions matched to student needs 

and educational decisionmaking using student outcome data. 

‘‘(15) READING.—The term ‘reading’ means a complex system 

of deriving meaning from print that requires, in ways that are 

developmentally, content, and contextually appropriate, all of 

the following: 

‘‘(A) PHONEMES.—The skills and knowledge to understand how phonemes, or speech sounds, are connected to 

print. 


tjames on DSK6SPTVN1PROD with REPORTS
220 

‘‘(B) ACCURACY, FLUENCY, AND UNDERSTANDING.—The 

ability to read accurately, fluently, and with understanding. 

‘‘(C) READING COMPREHENSION.—The use of background 

knowledge and vocabulary to make meaning from a text. 

‘‘(D) ACTIVE STRATEGIES.—The development and use of 

appropriate active strategies to interpret and construct 

meaning from print. 

‘‘(16) SCIENTIFICALLY VALID RESEARCH.—The term ‘scientifically valid research’ has the meaning given the term in section 

200 of the Higher Education Act of 1965 (20 U.S.C. 1021). 

‘‘(17) SCREENING ASSESSMENT.—The term ‘screening assessment’ means an assessment that— 

‘‘(A) is valid, reliable, and based on scientifically valid 

research on literacy and English language acquisition; and 

‘‘(B) is a procedure designed as a first step in identifying 

children who may be at high risk for delayed development 

or academic failure and in need of further diagnosis of the 

children’s need for special services or additional literacy 

instruction. 

‘‘(18) STATE.—The term ‘State’ has the meaning given the 

term in section 103 of the Higher Education Act of 1965 (20 

U.S.C. 1003). 

‘‘(19) STATE LITERACY LEADERSHIP TEAM.— ‘‘(A) IN GENERAL.—The term ‘State literacy leadership 

team’ means a team that— 

‘‘(i) is appointed and coordinated by the State educational agency; 

‘‘(ii) assumes the responsibility to guide the development and implementation of a statewide, comprehensive literacy plan; 

‘‘(iii) is composed of not less than 11 individuals; and 

‘‘(iv) shall include— 

‘‘(I) not less than 3 individuals who have literacy expertise in one of each of the areas of— 

‘‘(aa) preschool through school entry, such 

as the State Head Start collaboration director; 

‘‘(bb) kindergarten entry through grade 5; 

and 

‘‘(cc) grades 6 through 12; 

‘‘(II) a school principal; 

‘‘(III) teachers and administrators with expertise in literacy and special education; 

‘‘(IV) teachers and administrators with expertise 

in teaching the English language to English learners; 

‘‘(V) a representative from the State educational 

agency who oversees literacy initiatives; and 

‘‘(VI) a representative from higher education 

who is actively involved in research, development, 

or teacher preparation in literacy instruction and 

intervention based on scientifically valid research. 

‘‘(B) INCLUSION OF A PREEXISTING PARTNERSHIP.—If, before the date of enactment of the Student Success Act, a 

State educational agency established a consortium, partVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00224 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
221 

nership, or any other similar body that was considered a 

literacy partnership for purposes of subpart 1 or 2 of part 

B of title I of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 6361 et seq., 6371 et seq.) and that includes the individuals required under subparagraph 

(A)(iv), such consortium, partnership, or body may be considered a State literacy leadership team for purposes of 

subparagraph (A). 

‘‘(20) SUMMATIVE ASSESSMENT.—The term ‘summative assessment’ means an assessment that— 

‘‘(A) is valid, reliable, and based on scientifically valid 

research on literacy and English language acquisition; and 

‘‘(B) measures— 

‘‘(i) for children from preschool through kindergarten 

entry, how the children have progressed over time relative to developmental norms; and 

‘‘(ii) for students in kindergarten through grade 12, 

what the students have learned over time, relative to 

academic content standards. 

‘‘(21) 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). 

‘‘(22) WRITING.—The term ‘writing’ means— 

‘‘(A) composing meaning in print or through other media, 

including technologies, to communicate and to create new 

knowledge in ways appropriate to the context of the writing and the literacy development stage of the writer; 

‘‘(B) composing ideas individually and collaboratively in 

ways that are appropriate for a variety of purposes, audiences, and occasions; 

‘‘(C) choosing vocabulary, tone, genre, and conventions, 

such as spelling and punctuation, suitable to the purpose, 

audience, and occasion; and 

‘‘(D) revising compositions for clarity of ideas, coherence, 

logical development, and precision of language use. 

‘‘SEC. 5429. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this subpart $500,000,000 for fiscal year 2014 and such sums as may be 

necessary for subsequent fiscal years. 

‘‘SUBPART 3—A WELL-ROUNDED EDUCATION

‘‘SEC. 5431. PROGRAM AUTHORIZED. 

‘‘From the amount appropriated each fiscal year to carry out this 

subpart, the Secretary— 

‘‘(1) shall— 

‘‘(A) reserve not less than 5 percent for national activities under section 5438; and 

‘‘(B) of the funds remaining after the Secretary reserves 

funds under subparagraph (A)— 

‘‘(i) use at least 30 percent to award grants to eligible entities under this subpart to carry out proven 

practices, strategies, or programs in American history, 

civic education, and geography; 


tjames on DSK6SPTVN1PROD with REPORTS
222 

‘‘(ii) use at least 10 percent to award grants to eligible entities under this subpart to carry out proven 

practices, strategies, or programs in economic and financial literacy education and entrepreneurship education; 

‘‘(iii) use at least 20 percent to award grants to eligible entities under this subpart to carry out proven 

practices, strategies, or programs in foreign language 

education; 

‘‘(iv) use at least 20 percent to award grants to eligible entities under this subpart to carry out proven 

practices, strategies, or programs in arts education; 

and 

‘‘(v) use at least 10 percent to award grants to eligible entities under this subpart to carry out proven 

practices, strategies, or programs in Javits gifted and 

talented education; and 

‘‘(2) may use the funds remaining after the Secretary reserves and uses funds under paragraph (1) to award grants to 

eligible entities under this subpart to carry out any of the 

proven practices, strategies, or programs described in clauses 

(i) through (v) of paragraph (1)(B). 

‘‘SEC. 5432. ELIGIBLE ENTITY DEFINED. 

‘‘In this subpart, an eligible entity means a State educational 

agency, local educational agency, or an educational service agency 

with a local educational agency that is in partnership with one or 

more of the following: 

‘‘(1) An institution of higher education. 

‘‘(2) A nonprofit organization with demonstrated expertise in 

the content areas described in section 5431(1)(B). 

‘‘(3) A library or museum. 

‘‘SEC. 5433. GRANT PRIORITY, DURATION, AND SIZE AND SCOPE REQUIREMENTS. 

‘‘(a) PRIORITY.—In awarding grants under this subpart, the Secretary shall give priority to— 

‘‘(1) eligible entities proposing to serve schools in need of improvement or persistently low achieving schools; and 

‘‘(2) eligible entities proposing to serve a high percentage and 

number of children from families with incomes below the poverty line according to the most recent census data approved by 

the Secretary. 

‘‘(b) DURATION.—The Secretary shall award grants under this 

subpart for a period of 5 years. 

‘‘(c) SUFFICIENT SIZE AND SCOPE.—In awarding grants under this 

subpart, the Secretary shall ensure that grants are of sufficient 

size and scope. 

‘‘SEC. 5434. SUPPLEMENT, NOT SUPPLANT. 

‘‘Funds received under this subpart shall be used to supplement, 

not supplant, Federal and non-Federal funds available to support 

child and youth services. 

‘‘SEC. 5435. APPLICATION REQUIREMENTS. 

‘‘(a) IN GENERAL.—To receive a grant under one or more of the 

grant programs described in clauses (i) through (v) of section 

5431(1)(B), an eligible entity shall submit an application to the SecVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00226 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
223 

retary at such time, in such manner, and containing the information that the Secretary may require, including the information described in subsection (c). 

‘‘(b) MULTIPLE APPLICATIONS.—An eligible entity may apply for 

one or more grant programs under this subpart, and may use a 

consolidated application to apply for more than one grant program 

under this subpart . 

‘‘(c) APPLICATION REQUIREMENTS.— An application submitted 

under subsection (a) shall contain the following: 

‘‘(1) A description of the promising or proven practice, strategy, or program that the applicant proposes to implement in a 

content area listed in clauses (i) through (v) of section 

5431(1)(B). 

‘‘(2) A description of how the proposed practice, strategy, or 

program is evidence-based and will improve teaching practices 

as well as student achievement or student academic growth especially with high-need student populations. 

‘‘(3) A description of how the proposed practice, strategy, or 

program fits into the State or local educational agency’s overall 

strategy that students have access to a well-rounded education. 

‘‘(4) A description of how the proposed practice, strategy, or 

program will be aligned with school improvement plans. 

‘‘(5) A description of how the activities will adequately address the needs of students with disabilities and English learners. 

‘‘(6) A description of the applicant’s plan for data collection, 

analysis, and dissemination of results and outcomes, including 

an assurance that the applicant will make this information 

publicly available and accessible to educators, researchers, and 

other experts. 

‘‘(7) A description of how the applicant will provide for the 

completion of an independent evaluation of the project (including through the use of formative and summative evaluation 

methodologies) during the grant period to assess its impact on 

student achievement, student academic growth, student engagement, and other program goals, including its potential for 

replication and expansion. 

‘‘(8) If the applicant proposes to expand an existing practice, 

strategy, or program with at least moderate evidence, a description of how the applicant proposes to reach additional participants in such practice, strategy, or program. 

‘‘(d) PEER REVIEW.—The Secretary shall establish a peer-review 

process to assist in review of applications submitted under this section. 

‘‘SEC. 5436. USES OF FUNDS. 

‘‘(a) IN GENERAL.—Each eligible entity that receives a grant 

under this subpart shall carry out one or more of the following: 

‘‘(1) Plan, develop, expand, or improve practices, strategies, 

and programs in the applicable content area. 

‘‘(2) Develop and implement instructional materials, assessments (including performance-based assessments), and curriculum, aligned with State standards in a content area listed 

in clauses (i) through (v) of section 5431(1)(B), which embed 

principles of universal design for learning, as described in section 5429(b)(21), to support students with diverse learning 


tjames on DSK6SPTVN1PROD with REPORTS
224 

needs including English learners and students with disabilities. 

‘‘(3) Develop and implement professional development for 

teachers in the applicable content area in order to improve 

classroom practices. 

‘‘(4) Align practices, strategies, and programs with postsecondary programs for the continuation of instruction in the academic subject for which the program strategy or practice proposes to increase student achievement or student growth. 

‘‘(5) Supporting the use of open educational resources or 

other innovative uses of technology that are designed to serve 

students at all levels of achievement. 

‘‘(6) Support efforts to expand access to advanced 

coursework, especially for high-need students. 

‘‘(7) In the case of an eligible entity that is a State educational agency, the eligible entity may also provide technical 

assistance to local programs within the State. 

‘‘(b) PROGRAM SPECIFIC REQUIREMENTS FOR GEOGRAPHY

GRANTS.—In addition to meeting the requirements of subsection 

(a), an eligible entity receiving a grant described in section 

5431(1)(B)(i) may use the grant to— 

‘‘(1) carry out local, field-based activities for teachers and 

students to improve their knowledge of the concepts and tools 

of geography while enhancing understanding of their home region; and 

‘‘(2) apply geographic information systems and technology to 

the teaching of geography; and 

‘‘(3) using internet or distance-learning technology. 

‘‘(c) PROGRAM SPECIFIC REQUIREMENTS FOR ECONOMIC, FINANCIAL LITERACY, AND ENTREPRENEURSHIP EDUCATION GRANTS.—In 

addition to meeting the requirements of subsection (a), an eligible 

entity receiving a grant described in section 5431(1)(B)(ii)— 

‘‘(1) may use the grant to— 

‘‘(A) carry out programs to teach personal financial management skills; 

‘‘(B) carry out programs to teach the basic principles involved with earning, spending, saving, investing, credit, 

and insurance; and 

‘‘(C) implement financial and economic literacy activities 

and sequences of study within, or coordinated with, core 

academic subjects; and 

‘‘(2) is strongly encouraged to— 

‘‘(A) include interactions with the local business community to the fullest extent possible to reinforce the connection between economic and financial literacy; and 

‘‘(B) work with private businesses to obtain matching 

contributions for Federal funds and assist recipients in 

working toward self-sufficiency. 

‘‘(d) PROGRAM SPECIFIC REQUIREMENTS FOR FOREIGN LANGUAGE

GRANTS.—In addition to meeting the requirements of subsection 

(a), an eligible entity receiving a grant described in section 

5431(1)(B)(iii) may use the grant to carry out the following activities: 

‘‘(1) Developing and implementing intensive summer foreign 

language programs for professional development. 


tjames on DSK6SPTVN1PROD with REPORTS
225 

‘‘(2) Linking nonnative English speakers in the community 

with the schools in order to promote two-way language learning. 

‘‘(3) Promoting the sequential study of a foreign language for 

students, beginning in elementary schools. 

‘‘(4) Making effective use of technology, such as computer-assisted instruction, language laboratories, or distance learning, 

to promote foreign language study. 

‘‘(5) Developing and implementing, high quality dual language programs. 

‘‘(6) Promoting innovative activities, such as foreign language 

immersion, partial foreign language immersion, or contentbased instruction. 

‘‘(7) Providing opportunities for maximum foreign language 

exposure for students domestically, such as the creation of immersion environments in the classroom and school, on weekend 

or summer experiences, and special tutoring and academic support. 

‘‘(8) providing for the possibility for multiple entry points for 

studying the foreign language. 

‘‘(9) Creating partnerships with elementary and secondary 

schools in other countries to facilitate language and cultural 

learning and exchange. 

‘‘(10) Providing support for a language supervisor to oversee 

and coordinate the progress of the articulated foreign language 

program across grade levels in the local education agency funded under this subpart. 

‘‘(e) PROGRAM SPECIFIC REQUIREMENTS FOR JAVITS GIFTED AND

TALENTED GRANTS.—In addition to meeting the requirements of 

subsection (a), an eligible entity receiving a grant described in section 5431(1)(B)(v) may use the grant to carry out the following activities: 

‘‘(1) Providing funds for challenging, high-level course work, 

disseminated through technologies (including distance learning), for individual students or groups of students in schools 

and local educational agencies that would not otherwise have 

the resources to provide such course work. 

‘‘(2) Ensuring that assessments provide diagnostic information that informs instruction for high-achieving students. 

‘‘(3) Carrying out training and professional development for 

school personnel involved in the teaching of high-achieving, 

educationally disadvantaged students, such as instructional 

staff, principals, counselors, and psychologists. 

‘‘(4) Conducting education and training for parents of highachieving, educationally disadvantaged students to support 

educational excellence for such students. 

‘‘SEC. 5437. EVALUATION. 

‘‘Each eligible entity receiving a grant under this subpart shall 

conduct an independent program-level evaluation and submit preliminary results to the Secretary at such a time and in such manner as the Secretary may require in order to determine the eligible 

entity’s eligibility to continue to receive funding under this subpart. 


tjames on DSK6SPTVN1PROD with REPORTS
226 

‘‘SEC. 5438. NATIONAL ACTIVITIES. 

‘‘(a) IN GENERAL.—From the amounts reserved under section 

5431(1)(A), the Secretary shall carry out the national activities described in subsection (b) directly or by entering into contracts with 

an eligible educational entity. 

‘‘(b) NATIONAL ACTIVITIES.—The national activities that shall be 

carried out under this section are as follows: 

‘‘(1) Technical assistance. 

‘‘(2) Development of curricula. 

‘‘(3) Production, development, and dissemination of highquality educational content (including digital content) in academic content areas under this subpart. 

‘‘(4) Research and collecting information on, and identifying, 

effective programs and best practices and disseminating that 

information to States, local educational agencies, institutions of 

higher education, and other stakeholders. 

‘‘SEC. 5439. PROFESSIONAL DEVELOPMENT ACTIVITIES. 

‘‘(a) ELIGIBLE EDUCATIONAL ENTITY DEFINED.—In this section, 

the term ‘eligible educational entity’ means a national nonprofit 

educational entity with a proven track record and demonstrated expertise in one or more of the following areas as related to the activities described in subsection (b): 

‘‘(1) High-quality professional development programs, including writing programs for teachers across disciplines and at all 

grade levels. 

‘‘(2) History education programs. 

‘‘(3) Civics and government education programs. 

‘‘(4) Economic and financial literacy education programs. 

‘‘(5) Geography education programs. 

‘‘(6) Foreign Language education programs. 

‘‘(7) Arts education programs. 

‘‘(8) Gifted and talented programs. 

‘‘(9) Reading and book distribution programs (including pediatric early literacy programs). 

‘‘(10) Educational and instructional video programming (including early literacy programming) for a public telecommunications entity. 

‘‘(b) PRIORITY.—In awarding a contract to an eligible educational 

entity under this section, the Secretary shall give priority to an entity that provides support to the eligible entities receiving a grant 

under this subpart or eligible entities receiving a grant under the 

subpart 1 or 2 to develop instructional systems that provide— 

‘‘(1) a systematic and coherent combination of instructional 

materials; 

‘‘(2) embedded formative and interim assessments; 

‘‘(3) professional development; 

‘‘(4) information on student learning; and 

‘‘(5) academic interventions based on cognitive science and 

content-area knowledge and are aligned with college- and career-ready standards. 

‘‘SEC. 5440. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this sub- part $150,000,000 for fiscal year 2014 and such sums as may be 

necessary for each succeeding fiscal year. 


tjames on DSK6SPTVN1PROD with REPORTS
227 

‘‘SUBPART 4—TRANSFORMING EDUCATION THROUGH TECHNOLOGY

GRANTS

‘‘SEC. 5441. PURPOSES. 

‘‘The purposes of this subpart are to— 

‘‘(1) improve the achievement, academic growth, and collegeand-career readiness of students who have developed the ability to think critically, apply knowledge to solve complex problems, work collaboratively, communicate effectively, be self-directed, and be responsible digital citizens; 

‘‘(2) ensure all students have access to individualized, rigorous, and engaging digital learning experiences; 

‘‘(3) ensure that educators have the knowledge and skills to 

develop and implement digital learning curriculum, use technology effectively in order to personalize and strengthen instruction, and effectively create, deliver, and utilize assessments to measure student outcomes and support student success; 

‘‘(4) ensure that administrators have the leadership, management, knowledge, and skills to design, develop, and implement 

a school or local educational agency-wide digital age learning 

environment; and 

‘‘(5) improve the efficiency and productivity of education 

through technology. 

‘‘SEC. 5442. E-RATE RESTRICTION. 

‘‘Funds awarded under this subpart may be used to address the 

networking needs of a recipient of such funds for which the recipient is eligible to receive support under the E-rate program, except 

that such funds may not be duplicative of support received by the 

recipient under the E-rate program. 

‘‘SEC. 5443. RULE OF CONSTRUCTION REGARDING PURCHASING. 

‘‘Nothing in this subpart shall be construed to permit a recipient 

of funds under this subpart to purchase goods or services using 

such funds without ensuring that the purchase is free of any conflict of interest between such recipient, or any partner of such recipient, and the person or entity receiving such funds. 

‘‘SEC. 5444. DEFINITIONS. 

‘‘In this subpart: 

‘‘(1) DIGITAL LEARNING.—The term ‘digital learning’ means 

any instructional practice that effectively uses technology to 

strengthen a student’s learning experience and encompasses a 

wide spectrum of tools and practices, including— 

‘‘(A) interactive learning resources that engage students 

in academic content; 

‘‘(B) access to online databases and other primary source 

documents; 

‘‘(C) the use of data to personalize learning and provide 

targeted supplementary instruction; 

‘‘(D) student collaboration with content experts and 

peers; 

‘‘(E) online and computer-based assessments; 

‘‘(F) digital content, adaptive, and simulation software or 

courseware, 


tjames on DSK6SPTVN1PROD with REPORTS
228 

‘‘(G) online courses, online instruction, or digital learning 

platforms; 

‘‘(H) mobile and wireless technologies for learning in 

school and at home; 

‘‘(I) learning environments that allow for rich collaboration and communication; 

‘‘(J) authentic audiences for learning in a relevant, real 

world experience; 

‘‘(K) teacher participation in virtual professional communities of practice; and 

‘‘(L) 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. 

‘‘(2) ELIGIBLE TECHNOLOGY.—The term ‘eligible technology’ 

means modern information, computer, and communication 

technology hardware, software, services, or tools, including 

computer or mobile hardware devices and other computer and 

communications hardware, software applications, systems and 

platforms, and digital and online content, courseware, and online instruction and other online services and supports, including technology that is interoperable and is in accordance with 

principles of universal design for learning, as described in section 5429(b)(21). 

‘‘(3) STUDENTS WITH DISABILITIES.—The term ‘students with 

disabilities’ means students with disabilities as defined under 

the Individuals with Disabilities Education Act and section 504 

of the Rehabilitation Act of 1973. 

‘‘(4) STUDENT TECHNOLOGY LITERACY.—The term ‘student 

technology literacy’ means student knowledge and skills in 

using contemporary information, communication, and learning 

technologies in a manner necessary for successful employment, 

lifelong learning, and citizenship in the knowledge-based, digital, and global 21st century, including, at a minimum, the 

ability to— 

‘‘(A) effectively communicate and collaborate; 

‘‘(B) analyze and solve problems; 

‘‘(C) access, evaluate, manage, and create information 

and otherwise gain information literacy; 

‘‘(D) demonstrate creative thinking, construct knowledge, 

and develop innovative products and processes; and 

‘‘(E) carry out the activities described in subparagraphs 

(A) through (D) in a safe and ethical manner. 

‘‘(5) TECHNOLOGY READINESS SURVEY.—The term ‘technology 

readiness survey’ means a survey completed by a local educational agency that provides standardized information comparable to the information collected through the technology 

readiness survey administered under the Race to the Top Assessment program under section 14006 of division A of the 

American Recovery and Reinvestment Act of 2009 (Public Law 

111–5) on the quantity and types of technology infrastructure 

and access available to the students served by the local educational agency, including computer devices, Internet 


tjames on DSK6SPTVN1PROD with REPORTS
229 

connectivity, operating systems, related network infrastructure, data systems, and— 

‘‘(A) requiring— 

‘‘(i) an internal review of the degree to which instruction, additional student support, and professional 

development is delivered in digital formats, media, 

and platforms and is available to students and educators at any time; 

‘‘(ii) an internal review of the ability of educators to 

use assessments and other student data to personalize 

and strengthen instruction and identify professional 

development needs and priorities; and 

‘‘(iii) any other information required by the State 

educational agency serving the local educational agency; and 

‘‘(B) may include an assessment of local community 

needs to ensure students have adequate on-line access and 

access to devices for school-related work during out-ofschool time. 

‘‘SEC. 5445. TECHNOLOGY GRANTS PROGRAM AUTHORIZED. 

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

5451, the Secretary shall award State Grants for Technology Readiness and Access (in this title referred to as ‘grants’) to State educational agencies to strengthen State and local technological infrastructure and professional development that supports digital learning through State activities under section 5447(c) and local activities under section 5448(c). 

‘‘(b) GRANTS TO STATE EDUCATIONAL AGENCIES.— ‘‘(1) RESERVATIONS.—From the amounts appropriated under 

section 5451 for any fiscal year, the Secretary shall reserve— 

‘‘(A) three-fourths of 1 percent for the Secretary of Interior to provide assistance under this title for schools operated or funded by the Bureau of Indian Education; and 

‘‘(B) 1 percent to provide assistance under this title to 

the outlying areas. 

‘‘(2) GRANTS.—From the amounts appropriated under section 

106 for any fiscal year and remaining after the Secretary 

makes reservations under paragraph (1), the Secretary shall 

make a grant for the fiscal year to each State educational 

agency with an approved application under section 5446 in an 

amount that bears the same relationship to such remainder as 

the amount the State educational agency received under part 

A of title I of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6311 et seq.) for such year bears to the amount 

all State educational agencies with an approved application 

under section 102 received under such part (20 U.S.C. 6311 et 

seq.) for such year. 

‘‘(c) MINIMUM.—The amount of a grant to a State educational 

agency under subsection (b)(2) for a fiscal year may not be less 

than one-half of 1 percent of the total amount made available for 

grants to all State educational agencies under such subsection for 

such year. 

‘‘(d) REALLOTMENT OF UNUSED FUNDS.—If any State educational 

agency does not apply for a grant under subsection (b)(2) for a fiscal year, or does not use its entire grant under subsection (b)(2) for 


tjames on DSK6SPTVN1PROD with REPORTS
230 

such year, the Secretary shall reallot the amount of the State educational agency’s grant, or the unused portion of the grant, to the 

remaining State educational agencies that use their entire grant 

amounts under subsection (b)(2) for such year. 

‘‘(e) MATCHING FUNDS.— ‘‘(1) IN GENERAL.—A State educational agency that receives 

a grant under subsection (b)(2) shall provide matching funds, 

from non-Federal sources, in an amount equal to 20 percent of 

the amount of grant funds provided to the State educational 

agency to carry out the activities supported by the grant. Such 

matching funds may be provided in cash or in-kind, except that 

any such in-kind contributions shall be provided for the purpose of supporting the State educational agency’s activities 

under section 104(c). 

‘‘(2) WAIVER.—The Secretary may waive the matching requirement under paragraph (1) for a State educational agency 

that demonstrates that such requirement imposes an undue financial hardship on the State educational agency. 

‘‘SEC. 5446. STATE APPLICATIONS. 

‘‘(a) APPLICATION.—To receive a grant under section 5445(b)(2), a 

State educational agency shall submit to the Secretary an application at such time and in such manner as the Secretary may require 

and containing the information described in subsection (b). 

‘‘(b) CONTENTS.—Each application submitted under subsection (a) 

shall include the following: 

‘‘(1) A description of how the State educational agency will 

meet the following goals: 

‘‘(A) Use technology to ensure all students achieve college-and-career readiness and technology literacy, including by providing high-quality education opportunities to 

economically or geographically isolated student populations. 

‘‘(B) Provide educators with the tools, devices, content, 

and resources to— 

‘‘(i) significantly improve teaching and learning, including support to increase personalization for and engagement of students in pursuit of college-and-career 

readiness and technology literacy; and 

‘‘(ii) develop and use assessments to improve instruction, including instruction consistent with the 

principles of universal design for learning, as described in section 5429(b)(21), and instruction for students with disabilities and English-language learners. 

‘‘(C) Ensure administrators and school leaders have the 

flexibility and capacity to develop and manage systems to 

carry out activities described in subparagraphs (A) and 

(B), and support administrators and school leaders in utilizing technology to promote equity and increase efficiency 

and productivity. 

‘‘(D) Enable local educational agencies to build the technological capacity and infrastructure (including through 

local purchasing of eligible technology), necessary for the 

full implementation of on-line assessments for all students, 

(including students with disabilities and English-language 

learners) and to— 


tjames on DSK6SPTVN1PROD with REPORTS
231 

‘‘(i) ensure the interoperability of data systems and 

eligible technology; and 

‘‘(ii) carry out subparagraphs (A) through (C). 

‘‘(2) A description of the results of the technology readiness 

in the State as determined by local educational agency responses to the technology readiness survey, including— 

‘‘(A) the status of the ability of each local educational 

agency served by the State educational agency to meet the 

goals described in section 104(b)(1); 

‘‘(B) an assurance that not less 90 percent of the local 

educational agencies served by the State educational agency have completed and submitted the technology readiness 

survey to the State educational agency; and 

‘‘(C) an assurance that the results of the technology 

readiness survey for each such local educational agency 

are made available to the Secretary and the public through 

the Website of the local educational agency. 

‘‘(3) A description of the plan for the State educational agency to support each local educational agency served by the State 

educational agency in meeting the goals described in section 

104(b)(1) not later than 3 years after the local educational 

agency completes the technology readiness survey by addressing the readiness gaps identified in such survey. 

‘‘(4) A description of the State’s process for the adoption, acquisition, distribution, and use of content, how the State will 

ensure integrity of such processes, and how such processes 

support the goals under paragraph (1) or how a State will 

change such processes to support such goals, and how the 

State will ensure content quality. 

‘‘(5) A description of how the State educational agency will 

ensure its data systems and eligible technology are interoperable. 

‘‘(6) An assurance that the State educational agency will consider making content widely available through open educational resources when making purchasing decisions with 

funds received under this title. 

‘‘(7) A description of the State’s student technology literacy 

standards and the technology standards for teachers and administrators, and an assurance that the State’s student technology literacy standards meet the requirements of section 

7(8). 

‘‘(8) An assurance that subgrant awards under section 104 

will be carried out by the local educational agency staff with 

responsibility for leadership, coordination, and implementation 

of instructional and other classroom technologies. 

‘‘(9) A description of how the State educational agency will 

award subgrants to local educational agencies under section 

104. 

‘‘(10) A description of the process, activities, and performance 

measures, that the State educational agency will use to evaluate the impact and effectiveness of the grant and subgrants 

funds awarded under this part across the State and in each 

local educational agency. 

‘‘(11) A description of how the State educational agency will, 

in providing technical and other assistance to local educational 


tjames on DSK6SPTVN1PROD with REPORTS
232 

agencies, give priority to the local educational agencies proposing to target services to— 

‘‘(A) students in schools in need of improvement and persistently low-achieving schools; and 

‘‘(B) schools with a high percentage of students that are 

eligible for free or reduced price lunch under the Richard 

B. Russell National School Lunch Act (42 U.S.C. 1751 et 

seq.). 

‘‘(12) A description of how the State educational agency consulted with local educational agencies in the development of 

the State educational agency’s application under this subsection. 

‘‘(13) An assurance that the State educational agency will 

provide matching funds as required under section 101(e). 

‘‘(14) A description of how the State educational agency will 

ensure that funds received under this title is not duplicative of 

support received under the E-rate program. 

‘‘(15) An assurance that the State educational agency, in 

making awards under section 5448, will give priority to local 

educational agencies that— 

‘‘(A) propose to serve students in schools in need of improvement and persistently low-achieving schools; or 

‘‘(B) propose to serve schools with a high percentage or 

number of students that are eligible for free or reduced 

price lunch under the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1751 et seq.). 

‘‘(16) An assurance that the State educational agency will 

protect the privacy and safety of students and teachers, consistent with requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as 

the ‘Family Educational Rights and Privacy Act of 1974’) and 

section 2441(a) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6777(a)). 

‘‘SEC. 5447. STATE USE OF GRANT FUNDS. 

‘‘(a) RESERVATION FOR SUBGRANTS TO SUPPORT TECHNOLOGY IN- FRASTRUCTURE.—Each State educational agency that receives a 

grant under section 101(b)(2) shall expend not less 90 percent of 

the grant amount for each fiscal year to award subgrants to local 

educational agencies in accordance with section 5448. 

‘‘(b) RESERVATION FOR STATE ACTIVITIES.— ‘‘(1) IN GENERAL.—A State educational agency shall reserve 

not more than 10 percent of the grant received under section 

101(b)(2) for the State activities described in subsection (c). 

‘‘(2) GRANT ADMINISTRATION.—Of the amount reserved by a 

State educational agency under paragraph (1), the State educational agency may reserve not more than 1 percent or 3 percent, in the case of a State educational agency awarding subgrants under section 104(a)(2), for the administration of the 

grant under this title, except that a State educational agency 

that forms a State purchasing consortium under subsection 

(d)— 

‘‘(A) may reserve an additional 1 percent to carry out the 

activities described in subsection (d)(1); and 

‘‘(B) shall receive direct approval from the local educational agencies receiving subgrants under section 104(a) 


tjames on DSK6SPTVN1PROD with REPORTS
233 

from the State educational agency prior to reserving more 

than the additional percentage authorized under subparagraph (A) to carry out the activities described in subsection 

(d)(1). 

‘‘(c) PRIORITY.—In awarding subgrants under this part, the State 

educational agency shall give priority to local educational agencies 

proposing to target services to— 

‘‘(1) students in schools in need of improvement or persistently low-achieving schools; and 

‘‘(2) schools with a high percentage or number of students 

that are eligible for free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et 

seq.). 

‘‘(c) STATE ACTIVITIES.—A State educational agency shall use 

funds described in subsection (b) to carry out each of the following: 

‘‘(1) Except for the awarding of subgrants in accordance with 

section 104, activities described in the State educational agency’s application under section 102(b). 

‘‘(2) Providing technical assistance to local educational agencies to— 

‘‘(A) identify and address technology readiness needs; 

‘‘(B) redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment; 

‘‘(C) use technology, consistent with the principles of universal design for learning, as described in section 

5429(b)(21), to support the learning needs of all students 

including students with disabilities and English-language 

learners; 

‘‘(D) support principals to have the expertise to evaluate 

teachers’ proficiency in implementing digital tools for 

teaching and learning; and 

‘‘(E) build capacity of individual school and local educational agency leaders. 

‘‘(3) Developing or utilizing research-based or innovative 

strategies for the delivery of specialized or rigorous academic 

courses and curricula through the use of technology, including 

digital learning technologies and assistive technology. 

‘‘(4) Integrating and coordinating activities under this title 

with other educational resources and programs across the 

State. 

‘‘(5) Disseminating information, including making publicly 

available on the Websites of the State educational agency 

promising practices to improve technology instruction, and acquiring and implementing technology tools and applications. 

‘‘(6) Ensuring that teachers, paraprofessionals, library and 

media personnel, specialized instructional support personnel, 

and administrators possess the knowledge and skills to use 

technology— 

‘‘(A) for curriculum redesign to change teaching and 

learning and improve student achievement; 

‘‘(B) for formative and summative assessment administration, data analysis, and to personalize learning; 

‘‘(C) to improve student technology literacy; 


tjames on DSK6SPTVN1PROD with REPORTS
234 

‘‘(D) to expand the range of supports and accommodations available to English-language learners and students 

with disabilities; and 

‘‘(E) for their own ongoing professional development and 

for access to teaching resources and tools. 

‘‘(7) Coordinating with teacher and school leader preparation 

programs to— 

‘‘(A) align digital learning teaching standards; and 

‘‘(B) provide ongoing professional development for teachers and school leaders that is aligned to State student 

technology standards and activities promoting college-andcareer readiness. 

‘‘(d) PURCHASING CONSORTIA.— ‘‘(1) IN GENERAL.—A State educational agency receiving a 

grant under section 101(b)(2) may— 

‘‘(A) form a State purchasing consortium with 1 or more 

State educational agencies receiving such a grant to carry 

out the State activities described in clause, including purchasing eligible technology; 

‘‘(B) encourage local educational agencies to form local 

purchasing consortia under section 104(c)(4); and 

‘‘(C) promote pricing opportunities to local educational 

agencies for the purchase of eligible technology that are— 

‘‘(i) negotiated by the State educational agency or 

the State purchasing consortium of the State educational agency; and 

‘‘(ii) available to such local educational agencies. 

‘‘(2) RESTRICTIONS.—A State educational agency receiving a 

grant under section 101(b)(2) may not— 

‘‘(A) except for promoting the pricing opportunities described in paragraph (1)(C), make recommendations to 

local educational agencies for or require use of any specific 

commercial products and services by local educational 

agencies; 

‘‘(B) require local educational agencies to participate in 

a State purchasing consortia or local purchasing consortia; 

or 

‘‘(C) use more than the reservation amount authorized 

for the administration of the grant under subsection (b) to 

carry out the activities described in paragraph (1), unless 

the State educational agency receives approval in accordance with subsection (b)(2)(B). 

‘‘SEC. 5448. LOCAL SUBGRANTS. 

‘‘(a) SUBGRANTS.— 

‘‘(1) GRANTS TO LOCAL EDUCATIONAL AGENCIES.—From the 

grant funds provided under section 101(b)(2) to a State educational agency that are remaining after the State educational 

agency makes reservations under section 104(b) for any fiscal 

year and subject to paragraph (2), the State educational agency 

shall award subgrants for the fiscal year to local educational 

agencies served by the State educational agency and with an 

approved application under subsection (b) by allotting to each 

such local educational agency an amount that bears the same 

relationship to the remainder as the amount received by the 

local educational agency under part A of title I of the ElemenVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00238 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
235 

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

seq.) for such year bears to the amount received by all such 

local educational agencies under such part for such year, except that no local educational agency may receive less than 

$5,000. 

‘‘(2) COMPETITIVE GRANTS TO LOCAL EDUCATIONAL AGEN- CIES.—If the amount of funds appropriated under section 106 is less than $500,000,000 for any fiscal year, a State educational agency— 

‘‘(A) shall not award subgrants under paragraph (1); and 

‘‘(B) shall— 

‘‘(i) award subgrants, on a competitive basis, to local 

educational agencies based on the quality of applications submitted under (b), including— 

‘‘(I) the level of technology readiness as determined by the technology readiness surveys completed by local educational agencies submitting 

such applications; and 

‘‘(II) the technology plans described in subsection (b)(3) and how the local educational agencies with such plans will carry out the alignment 

and coordination described in such subsection; and 

‘‘(ii) ensure that such subgrants are of sufficient size 

and scope to carry out the local activities described in 

subsection (c). 

‘‘(3) DEFINITION OF LOCAL EDUCATIONAL AGENCY FOR CERTAIN

FISCAL YEARS.—For purposes of awarding subgrants under 

paragraph (2), the term ‘local educational agency’ means— 

‘‘(A) a local educational agency; 

‘‘(B) an educational service agency; or 

‘‘(C) a local educational agency and an educational service agency. 

‘‘(b) APPLICATION.—A local educational agency that desires to receive a subgrant under subsection (a) shall submit an application 

to the State at such time, in such manner, and accompanied by 

such information as the State educational agency may require, including— 

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

‘‘(A) carry out the goals described in subparagraphs (A) 

through (C) of section 101(b)(1); and 

‘‘(B) enable schools served by the agency to build the 

technological capacity and infrastructure (including 

through local purchasing of eligible technology), necessary 

for the full implementation of on-line assessments for all 

students (including students with disabilities and Englishlanguage learners) and to— 

‘‘(i) ensure the interoperability of data systems and 

eligible technology; and 

‘‘(ii) carry out the goals described in subparagraphs 

(A) through (C) of section 101(b)(1); and 

‘‘(C) align activities funded under this part with school 

improvement plans, when applicable, described under section 1116(b)(3); 

‘‘(2) a description of the results of the technology readiness 

survey completed by the local educational agency and a deVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00239 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
236 

scription of the plan for the local educational agency to meet 

the goals described in paragraph (1) within 3 years of completing the survey; 

‘‘(3) a description of the local educational agency’s technology 

plan to carry out paragraphs (1) and (3) and how the agency 

will align and coordinate the activities under this section with 

other activities across the local educational agency; 

‘‘(4) a description of the team of educators that will coordinate and carry out the activities under this section, including 

individuals with responsibility and expertise in instructional 

technology, teachers that specialize in supporting students 

with disabilities and English-language learners, school leaders, 

technology officers, and staff responsible for assessments and 

data analysis; 

‘‘(5) a description of how the local educational agency will 

evaluate teachers’ proficiency and progress in implementing 

technology for teaching and learning; 

‘‘(6) a description of how the local educational agency will ensure that principals have the expertise to evaluate teachers’ 

proficiency and progress in implementing technology for teaching and learning and the interoperability of data systems and 

eligible technology; 

‘‘(7) a description of the local educational agency’s procurement process and process for the creation, acquisition, distribution, and use of content, how the local educational agency will 

ensure integrity of such processes, and how such processes 

support the goals described in paragraph (1) or how a local 

educational agency will change such processes to support such 

goals, and how the local educational agency will ensure content 

quality; 

‘‘(8) a description of how the local educational agency will 

carry out activities under subsection (c); 

‘‘(9) a description of how the subgrant funds received under 

subsection (a) will be coordinated with and supported by other 

Federal, State, and local funds to support activities under this 

title; 

‘‘(10) a description of how the local educational agency will 

ensure that the subgrant received under subsection (a) is not 

duplicative of support received under the E-rate program; and 

‘‘(11) an assurance that the local educational agency will protect the privacy and safety of students and teachers, consistent 

with requirements section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the ‘Family 

Educational Rights and Privacy Act of 1974’) and section 

2441(a) of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6777(a)). 

‘‘(c) USE OF FUNDS.— 

‘‘(1) TECHNOLOGY INFRASTRUCTURE.—Subject to paragraph 

(3), a local educational agency receiving a subgrant under subsection (a) shall use not less than 40 percent of such funds to 

support activities for the acquisition of eligible technology 

needed to— 

‘‘(A) except for the activities described in paragraph (2), 

carry out activities described in the application submitted 

under subsection (b), including purchasing devices, equipVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00240 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
237 

ment, and software applications, and improving 

connectivity to and within schools; and 

‘‘(B) address readiness shortfalls identified under the 

technology readiness survey completed by the local educational agency. 

‘‘(2) PROFESSIONAL DEVELOPMENT FOR DIGITAL LEARNING.— 

Subject to paragraph (3), a local educational agency receiving 

a subgrant under subsection (a)— 

‘‘(A) shall use not less than 35 percent of such funds to 

carry out— 

‘‘(i) digital age professional development opportunities for teachers, paraprofessionals, library and media 

personnel, specialized instructional support personnel, 

technology coordinators, and administrators in the effective use of modern information and communication 

technology tools and digital resources to deliver instruction, curriculum and school classroom management, including for classroom teachers to assess, support, and provide engaging student learning opportunities, including professional development that— 

‘‘(I) is ongoing, sustainable, and scalable; 

‘‘(II) is participatory; 

‘‘(III) includes communication and regular interactions with instructors, facilitators, and peers 

and is directly related to up-to-date teaching 

methods in content areas; 

‘‘(IV) includes strategies and tools for improving 

communication with parents and family engagement; 

‘‘(V) may be built around active professional 

learning communities or online communities of 

practice or other tools that increase collaboration 

among teachers across schools, local educational 

agencies, or States; and 

‘‘(VI) may contain on-demand components, such 

as instructional videos, training documents, or 

learning modules; 

‘‘(ii) ongoing professional development in strategies, 

pedagogy, and assessment in the core academic subjects that involve the use of technology and curriculum 

redesign as key components of supporting effective, innovative teaching and learning, and improving student 

achievement; 

‘‘(iii) ongoing professional development in the use of 

educational technologies to ensure every educator 

achieves and maintains technology literacy, including 

possessing and maintaining the knowledge and skills 

to use technology— 

‘‘(I) across the curriculum for student learning; 

‘‘(II) for real-time data analysis and online or 

digital assessment to enable individualized instruction; and 

‘‘(III) to develop and maintain student technology literacy; 


tjames on DSK6SPTVN1PROD with REPORTS
238 

‘‘(iv) ongoing professional development for school 

leaders to provide and promote leadership in the use 

of— 

‘‘(I) educational technology to ensure a digitalage learning environment, including the capacity 

to lead the reform or redesign of curriculum, instruction, assessment; and 

‘‘(II) data through the use of technology in order 

to increase student learning opportunity, student 

technology literacy, student access to technology, 

and student engagement in learning; and 

‘‘(v) a review of the effectiveness of the professional 

development and regular intervals of learner feedback 

and data; and 

‘‘(B) may use such funds for— 

‘‘(i) the use of technology coaches to work directly 

with teachers, including through the preparation of 

teachers as technology leaders or master teachers— 

‘‘(I) who are provided with the means to serve 

as experts and to create professional development 

opportunities for other teachers in the effective 

use of technology; and 

‘‘(II) who may leverage technologies, such as distance learning and online virtual educator-to-educator peer communities, as a means to support ongoing, participatory professional growth around 

the integration of effective educational technologies; 

‘‘(ii) innovative approaches to ongoing professional 

development such as non-standard achievement recognition strategies, including digital badging, 

gamification elements, use of learner-created learning 

objects, integration of social and professional networking tools, rating and commenting on learning artifacts, and personalization of professional development; and 

‘‘(iii) any other activities required to carry out the 

local educational agency’s technology plan described in 

subsection (b)(4). 

‘‘(3) MODIFICATION OF FUNDING ALLOCATIONS.—A State educational agency may authorize a local educational agency to 

modify the percentage of the local educational agency’s 

subgrant funds required to carry out the activities described in 

paragraphs (1) or (2) if the local educational agency demonstrates that such modification will assist the local educational agency in more effectively carrying out such activities. 

‘‘(4) PURCHASING CONSORTIA.—Local educational agencies receiving subgrants under subsection (a) may— 

‘‘(A) form a local purchasing consortia with other such 

local educational agencies to carry out the activities described in this subsection, including purchasing eligible 

technology; and 

‘‘(B) use such funds for purchasing eligible technology 

through a State purchasing consortia under section 103(d). 


tjames on DSK6SPTVN1PROD with REPORTS
239 

‘‘SEC. 5449. REPORTING. 

‘‘(a) LOCAL EDUCATIONAL AGENCIES.—Each local educational 

agency receiving a subgrant under section 104 shall submit to the 

State educational agency that awarded such subgrant an annual 

report the meets the requirements of subsection (c). 

‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State educational 

agency receiving a grant under section 101(b)(2) shall submit to the 

Secretary an annual report that meets the requirements of subsection (c). 

‘‘(c) REPORT REQUIREMENTS.—A report submitted under subsection (a) or (b) shall include, at a minimum, a description of— 

‘‘(1) the status of the State education agency’s plan described 

in section 102(b)(3) or local education agency’s technology plan 

under section 104(b)(4), as applicable; 

‘‘(2) the categories of eligible technology acquired and types 

of programs funded under this title and how such technology 

is being used; 

‘‘(3) the professional development activities funded under 

this title, including types of activities and entities involved in 

providing such professional development; and 

‘‘(4) information on the impact of the grant on students and 

student outcomes, such as— 

‘‘(A) the number of and demographic information about 

students who are served under this part; 

‘‘(B) student achievement, student growth, and graduation rates of such students; 

‘‘(C) college-and-career readiness data about such students, such as rates of credit accumulation, course taking 

and completion, and college enrollment and persistence; 

‘‘(D) student attendance and participation rates; 

‘‘(E) student engagement and discipline; 

‘‘(F) school climate and teacher working conditions; 

‘‘(G) increases in inclusion of students with disabilities 

and English-language learners; and 

‘‘(H) such other information the Secretary may require 

or other information State educational agencies or local 

educational agencies served under this part propose to include, as approved by the Secretary. 

‘‘SEC. 5450 ESTABLISHMENT OF THE ADVANCED RESEARCH PROJECT 

AGENCY-EDUCATION. 

‘‘(a) PROGRAM ESTABLISHED.—From the amounts appropriated 

under section 5451, the Secretary of Education may reserve up to 

5 percent to— 

‘‘(1) establish and carry out the Advanced Research Projects 

Agency-Education (in this Act referred to as ‘ARPA–ED’) to— 

‘‘(A) identify and promote advances in learning, fundamental and applied sciences, and engineering that may be 

translated into new learning technologies; 

‘‘(B) develop, test, and evaluate new learning technologies and related processes; and 

‘‘(C) accelerate transformational technological advances 

in education; 

‘‘(2) convene an advisory panel under subsection (d); and 

‘‘(3) carry out the evaluation and dissemination requirements 

under subsection (e). 


tjames on DSK6SPTVN1PROD with REPORTS
240 

‘‘(b) APPOINTMENTS.— ‘‘(1) DIRECTOR.—ARPA–ED shall be under the direction of 

the Director of ARPA–ED, who shall be appointed by the Secretary. 

‘‘(2) QUALIFIED INDIVIDUALS.—The Secretary shall appoint, 

for a term of not more than 4 years, qualified individuals who 

represent scientific, engineering, professional, and other personnel with expertise in carrying out the activities described in 

this section to positions in ARPA–ED, at rates of compensation 

determined by the Secretary, without regard to the provisions 

of title 5, United States Code, except that such rates of compensation shall not to exceed the rate for level I of the Executive Schedule under section 5312 of such title. 

‘‘(c) FUNCTIONS OF ARPA–ED.—Upon consultation with the advisory panel convened under subsection (d), the Secretary shall select 

public and private entities to carry out the activities described in 

subsection (a)(1) by— 

‘‘(1) awarding such entities grants, contracts, cooperative 

agreements, or cash prizes; or 

‘‘(2) entering into such other transactions with such entities 

as the Secretary may prescribe in regulations. 

‘‘(d) ADVISORY PANEL.— ‘‘(1) IN GENERAL.—The Secretary shall convene an advisory 

panel to advise and consult with the Secretary, Director, and 

the qualified individuals appointed under subsection (b)(2) 

on— 

‘‘(A) ensuring that the awards made and transaction entered into under subsection (c) are consistent with the purposes described in subsection (a)(1); and 

‘‘(B) ensuring the relevance, accessibility, and utility of 

such awards and transactions to education practitioners. 

‘‘(2) APPOINTMENT OF MEMBERS.—The Secretary shall appoint the following qualified individuals to serve on the advisory panel: 

‘‘(A) Education practitioners. 

‘‘(B) Experts in technology. 

‘‘(C) Specialists in rapid gains in student achievement 

and school turnaround. 

‘‘(D) Specialists in personalized learning. 

‘‘(E) Researchers, including at least one representative 

from a comprehensive center established under 203 of the 

Educational Technical Assistance Act of 2002 (20 U.S.C. 

9602) or the regional laboratories system established 

under section 174 of the Education Sciences Reform Act 

(20 U.S.C. 9564). 

‘‘(F) Other individuals with expertise who will contribute 

to the overall rigor and quality of ARPA–ED. 

‘‘(3) APPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the panel convened under this subsection and any appointee to such panel 

shall not be considered an ‘employee’ under section 2105 of 

title 5, United States Code. 

‘‘(e) EVALUATION AND DISSEMINATION.— 

‘‘(1) EVALUATION.—The Secretary shall obtain independent, 

periodic, and rigorous evaluation of— 


tjames on DSK6SPTVN1PROD with REPORTS
241 

‘‘(A) the effectiveness of the processes ARPA–Ed is using 

to achieve the purposes described in subsection (a)(1); 

‘‘(B) the relevance, accessibility, and utility of the 

awards made and transactions entered into under subsection (c) to education practitioners; and 

‘‘(C) the effectiveness of the projects carried out through 

such awards and transactions, using evidence standards 

developed in consultation with the Institute of Education 

Sciences, and the suitability of such projects for further investment or increased scale. 

‘‘(2) DISSEMINATION AND USE.—The Secretary shall disseminate information to education practitioners, including teachers, 

principals, and local and State superintendents, on effective 

practices and technologies developed under ARPA–ED, as appropriate, through— 

‘‘(A) the comprehensive centers established under 203 of 

the Educational Technical Assistance Act of 2002 (20 

U.S.C. 9602); 

‘‘(B) the regional laboratories system established under 

section 174 of the Education Sciences Reform Act (20 

U.S.C. 9564); and 

‘‘(C) such other means as the Secretary determines to be 

appropriate. 

‘‘(f) ADMINISTRATIVE REQUIREMENTS.—Notwithstanding section 

437(d) of the General Education Provisions Act (20 U.S.C. 1232(d)), 

the Secretary shall establish such processes as may be necessary 

for the Secretary to manage and administer ARPA–ED, which are 

not constrained by other Department of Education-wide administrative requirements that may prevent ARPA–ED from carrying 

out the purposes described in subsection (a)(1). 

‘‘SEC. 5451. AUTHORIZATION. 

‘‘There are authorized to be appropriated to carry out this subpart $500,000,000 for fiscal year 2014 and such sums as may be 

necessary for each of the 4 succeeding fiscal years.’’. 

(b) REPEAL.—Part B of title I (20 U.S.C. 6361 et seq.) is repealed. 

Subtitle C—Family Engagement in 

Education Programs 

SEC. 521. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS. 

Title V of the Act (20 U.S.C. 5101 et seq.) is a amended by adding at the end the following new part: 

‘‘PART E—FAMILY ENGAGEMENT IN 

EDUCATION PROGRAMS 

‘‘SEC. 5701. PURPOSES. 

‘‘The purposes of this part are the following: 

‘‘(1) To provide financial support to organizations to provide 

technical assistance and training to State and local educational 

agencies in the implementation and enhancement of systemic 

and effective family engagement policies, programs, and activiVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00245 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
242 

ties 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 1118 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. 5702. GRANTS AUTHORIZED. 

‘‘(a) STATEWIDE FAMILY ENGAGEMENT CENTERS.—From the 

amount appropriated under section 4306, the Secretary is authorized to award grants for each fiscal year to statewide organizations 

(and consortia of such organizations and State educational agencies), to establish Statewide Family Engagement Centers that 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 parent education and family engagement in 

education 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. 

‘‘SEC. 5703. APPLICATIONS. 

‘‘(a) SUBMISSIONS.—Each statewide organization, or a consortium 

of such an organization and a State educational agency, that desires a grant under this part shall submit an application to the 

Secretary at such time, in such manner, and including 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 the support that the Statewide Family 

Engagement Center that will be operated by the applicant will 

have from the applicant, including a letter from the applicant 

outlining the commitment to work with the center. 

‘‘(3) A description of the applicant’s plan for building a statewide infrastructure for family engagement in education, that 

includes— 

‘‘(A) management and governance; 


tjames on DSK6SPTVN1PROD with REPORTS
243 

‘‘(B) statewide leadership; and 

‘‘(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, English learners, 

minorities, parents of students with disabilities, parents of 

homeless students, foster parents and students, and parents of 

migratory students, including evaluation results, reporting, or 

other data exhibiting such demonstrated experience. 

‘‘(5) An assurance that the applicant will— 

‘‘(A) establish a special advisory committee, the membership of which includes— 

‘‘(i) parents, who shall constitute a majority of the 

members of the special advisory committee; 

‘‘(ii) representatives of education professionals with 

expertise in improving services for disadvantaged children; 

‘‘(iii) representatives of local elementary schools and 

secondary schools, including students; 

‘‘(iv) representatives of the business community; and 

‘‘(v) representatives of State educational agencies 

and local educational agencies; 

‘‘(B) use not less than 65 percent of the funds received 

under this part in each fiscal year to serve local educational agencies, schools, and community-based organizations that serve high concentrations of disadvantaged students, including English learners, minorities, parents of 

students with disabilities, parents of homeless students, 

foster parents and students, and parents of migratory 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 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; 

‘‘(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; 


tjames on DSK6SPTVN1PROD with REPORTS
244 

‘‘(H) provide assistance to State educational agencies 

and 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; and 

‘‘(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. 

‘‘SEC. 5704. USES OF FUNDS. 

‘‘(a) IN GENERAL.—Grantees shall use grant funds received under 

this part, based on the needs determined under section 

4303(b)(5)(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 college and career ready standards, such as assisting parents— 

‘‘(A) to engage in activities that will improve student 

academic achievement, including understanding how they 

can support learning in the classroom with activities at 

home and in afterschool 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) to help the parents learn and use 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, implement, and assess parental involvement 

policies under sections 1112 and 1118. 

‘‘(b) MATCHING FUNDS FOR GRANT RENEWAL.—For each fiscal 

year after the first fiscal year for which an organization or consortium receives assistance under this section, the organization or consortium shall demonstrate in the application that a portion of the 

services provided by the organization or consortium is supported 

through non-Federal contributions, which may be in cash or inkind. 

‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall reserve not 

more than 2 percent of the funds appropriated under section 4306 


tjames on DSK6SPTVN1PROD with REPORTS
245 

to carry out this part to provide technical assistance, by grant or 

contract, for the establishment, development, and coordination of 

Statewide Family Engagement Centers. 

‘‘(d) 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. 

‘‘(e) PARENTAL RIGHTS.—Notwithstanding any other provision of 

this section— 

‘‘(1) no person (including a parent who educates a child at 

home, a public school parent, or a private school parent) shall 

be required to participate in any program of parent education 

or developmental screening under this section; and 

‘‘(2) no program or center assisted under this section shall 

take any action that infringes in any manner on the right of 

a parent to direct the education of their children. 

‘‘SEC. 5705. 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 Indian or Indian-serving nonprofit parent organizations to establish and operate Family Engagement 

Centers. 

‘‘SEC. 5706. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this part 

$30,000,000 for fiscal year 2014 and such sums as may be necessary for subsequent fiscal years.’’. 

TITLE VI—FLEXIBILITY AND 

ACCOUNTABILITY 

SEC. 601. FLEXIBILITY AND ACCOUNTABILITY. 

Title VI (20 U.S.C. 7301 et seq.) is amended in sections 6113(a) 

and 6234 by striking ‘‘fiscal year 2002’’ and inserting ‘‘fiscal year 

2014’’ each place it appears. 

TITLE VII—INDIAN, NATIVE HAWAIIAN, 

AND ALASKA NATIVE EDUCATION 

SEC. 701. IN GENERAL. 

Title VII (20 U.S.C. 7401 et seq.) is amended— 

(1) by striking ‘‘Bureau of Indian Affairs’’ each place it appears and inserting ‘‘Bureau of Indian Education’’; 

(2) by striking ‘‘No Child Left Behind Act of 2001’’ each place 

it appears and insert ‘‘Student Success Act’’; and 

(3) in sections 7152, 7205(c), and 7304(d)(1), by striking ‘‘fiscal year 2002’’ each place it appears and inserting ‘‘fiscal year 

2014’’. 


tjames on DSK6SPTVN1PROD with REPORTS
246 

Subtitle A—Indian Education 

SEC. 711. PURPOSE. 

Section 7102 (20 U.S.C. 7402) is amended to read as follows: 

‘‘SEC. 7102. PURPOSE. 

‘‘It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary 

institutions, and other entities— 

‘‘(1) to ensure the academic achievement of American Indian 

and Alaska Native students by meeting their unique cultural, 

language, and educational needs, consistent with section 

1111(c); 

‘‘(2) to ensure that Indian and Alaska Native students gain 

knowledge and understanding of Native communities, languages, tribal histories, traditions, and cultures; and 

‘‘(3) to ensure that principals, teachers, and other staff who 

serve Indian and Alaska Native students have the ability to 

provide culturally appropriate and effective instruction to such 

students.’’. 

PART 1—FORMULA GRANTS TO LOCAL 

EDUCATIONAL AGENCIES 

SEC. 721. FORMULA GRANT PURPOSE. 

Section 7111 (20 U.S.C. 7421) is amended to read as follows: 

‘‘SEC. 7111. PURPOSE. 

‘‘(a) PURPOSE.—It is the purpose of this subpart to support the 

efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities to improve the 

academic achievement of American Indian and Alaska Native students by meeting their unique cultural, language, and educational 

needs. 

‘‘(b) PROGRAMS.—This subpart carries out the purpose described 

in subsection (a) by authorizing programs of direct assistance for— 

‘‘(1) meeting the unique educational and culturally related 

academic needs of Indians and Alaska Natives; 

‘‘(2) strengthening American Indian, Native Hawaiian, and 

Alaska Native students’ knowledge of their languages, history, 

traditions, and cultures; 

‘‘(3) the education of Indian children and adults; 

‘‘(4) the training of Indian persons as educators and counselors, and in other professions serving Indian people; and 

‘‘(5) research, evaluation, data collection, and technical assistance.’’. 

SEC. 722. GRANTS TO LOCAL EDUCATIONAL AGENCIES, TRIBES, AND 

INDIAN ORGANIZATIONS. 

Section 7112 (20 U.S.C. 7422) is amended— 

(1) in subsection (a), by striking ‘‘and Indian tribes’’ and inserting ‘‘, Indian tribes, and Indian organizations’’; 

(2) in subsection (b)(2), by striking ‘‘a reservation’’ and inserting ‘‘an Indian reservation’’; and 

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

‘‘(c) INDIAN TRIBES AND INDIAN ORGANIZATIONS.— 


tjames on DSK6SPTVN1PROD with REPORTS
247 

‘‘(1) IN GENERAL.—If a local educational agency that is otherwise eligible for a grant under this subpart does not establish 

a committee under section 7114(c)(5) for such grant, an Indian 

tribe, an Indian organization, or a consortium of such entities, 

that represents more than one-half of the eligible Indian children who are served by such local educational agency may 

apply for such grant. 

‘‘(2) UNAFFILIATED INDIAN TRIBES.—An Indian tribe that operates a school and is not affiliated with either the local educational agency or the Bureau of Indian Education shall be eligible to apply for a grant under this subpart. 

‘‘(3) SPECIAL RULE.— 

‘‘(A) IN GENERAL.—The Secretary shall treat each Indian 

tribe, Indian organization, or consortium of such entities 

applying for a grant pursuant to paragraph (1) or (2) as if 

such tribe, Indian organization, or consortium were a local 

educational agency for purposes of this subpart. 

‘‘(B) EXCEPTIONS.—Notwithstanding subparagraph (A), 

such Indian tribe, Indian organization, or consortium shall 

not be subject to the requirements of subsections (b)(7) or 

(c)(5) of section 7114 or section 7118(c) or 7119. 

‘‘(4) ASSURANCE TO SERVE ALL INDIAN CHILDREN.—An Indian 

tribe, Indian organization, or consortium of such entities that 

is eligible to apply for a grant under paragraph (1) shall include, in the application required under section 7114, an assurance that the entity will use the grant funds to provide services to all Indian students served by the local educational 

agency. 

‘‘(d) INDIAN COMMUNITY-BASED ORGANIZATION.— 

‘‘(1) IN GENERAL.—If no local educational agency pursuant to 

subsection (b), and no Indian tribe, Indian organization, or consortium pursuant to subsection (c), applies for a grant under 

this subpart, an Indian community-based organization serving 

the community of the local educational agency may apply for 

such grant. 

‘‘(2) APPLICABILITY OF SPECIAL RULE.—The Secretary shall 

apply the special rule in subsection (c)(3) to a community-based 

organization applying or receiving a grant under paragraph (1) 

in the same manner as such rule applies to an Indian tribe, 

Indian organization, or consortium. 

‘‘(3) DEFINITION OF INDIAN COMMUNITY-BASED ORGANIZATION.—In this subsection, the term ‘Indian community-based 

organization’ means any organization that— 

‘‘(A) is composed primarily of Indian parents and community members, tribal government education officials, 

and tribal members from a specific community; 

‘‘(B) assists in the social, cultural, and educational development of Indians in such community; 

‘‘(C) meets the unique cultural, language, and academic 

needs of Indian students; and 

‘‘(D) demonstrates organizational capacity to manage the 

grant. 

‘‘(e) CONSORTIA.— 

‘‘(1) IN GENERAL.—A local educational agency, Indian tribe, 

or Indian organization that meets the eligibility requirements 


tjames on DSK6SPTVN1PROD with REPORTS
248 

under this section may form a consortium with other eligible 

local educational agencies, Indian tribes, or Indian organizations for the purpose of obtaining grants and operating programs under this subpart. 

‘‘(2) REQUIREMENTS FOR LOCAL EDUCATIONAL AGENCIES IN

CONSORTIA.—In any case where 2 or more local educational 

agencies that are eligible under subsection (b) form or participate in a consortium to obtain a grant, or operate a program, 

under this subpart, each local educational agency participating 

in such a consortium shall— 

‘‘(A) provide, in the application submitted under section 

7114, an assurance that the eligible Indian children served 

by such local educational agency will receive the services 

of the programs funded under this subpart; and 

‘‘(B) agree to be subject to all requirements, assurances, 

and obligations applicable to a local educational agency receiving a grant under this subpart.’’. 

SEC. 723. AMOUNT OF GRANTS. 

Section 7113(b) (20 U.S.C. 7423(b)) is amended— 

(1) in paragraph (1), by striking ‘‘$3,000’’ and inserting 

‘‘$10,000’’; 

(2) by striking paragraph (2) and redesignating paragraph 

(3) as paragraph (2); and 

(3) in paragraph (2), as so redesignated, by striking ‘‘$4,000’’ 

and inserting ‘‘$15,000’’. 

SEC. 724. APPLICATIONS. 

(a) IN GENERAL.—Section 7114 (20 U.S.C. 7424) is amended— 

(1) in subsection (b)— 

(A) in paragraph (2)— 

(i) in subparagraph (A)— 

(I) by striking ‘‘is consistent with’’ and inserting 

‘‘supports’’; and 

(II) by inserting ‘‘, tribal,’’ after ‘‘State’’; and 

(ii) in subparagraph (B), by striking ‘‘such goals’’ 

and all that follows through the semicolon at the end 

and inserting ‘‘such goals, to ensure such students 

meet the same college and career ready State academic achievement standards under section 1111(b) 

for all children;’’; 

(B) in paragraph (5)— 

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

semicolon; and 

(ii) by adding at the end the following: 

‘‘(C) the parents of Indian children, and representatives 

of Indian tribes, on the committee described in subsection 

(c)(5) will participate in the planning of the professional 

development materials;’’; 

(C) in paragraph (6)— 

(i) in subparagraph (B)— 

(I) by adding at the end the following: 

‘‘(iii) the Indian tribes whose children are served by 

the local educational agency; and’’; and 

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

the end and inserting ‘‘; and’’; and 


tjames on DSK6SPTVN1PROD with REPORTS
249 

(D) by adding at the end the following: 

‘‘(7) describes— 

‘‘(A) the formal process the local educational agency used 

to collaborate with Indian tribes located in the community 

in the development of the comprehensive programs; and 

‘‘(B) the actions taken as a result of the collaboration.’’; 

(2) in subsection (c)— 

(A) in paragraph (2), by adding at the end the following: 

‘‘(A) determine the extent to which such activities address the unique cultural, language, and educational needs 

of Indian students;’’; 

(B) in paragraph (3)(C), by inserting ‘‘representatives of 

Indian tribes with reservations located within 50 miles of 

any of the schools that have Indian children in any such 

school,’’ after ‘‘Indian children and teachers’’; 

(C) in paragraph (4)(A)— 

(i) by redesignating clauses (ii) and (iii) as clauses 

(iii) and (iv), respectively; and 

(ii) by inserting the following after clause (i): 

‘‘(ii) representatives of Indian tribes with reservations located within 50 miles of any of the schools that 

have children in any such school;’’. 

(D) in subparagraph (4)(B), by adding ‘‘or representatives of Indian tribes described in subparagraph (A)(ii)’’ 

after ‘‘children’’; and 

(E) in subparagraph (4)(D)— 

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

(ii) by adding at the end the following: 

‘‘(iii) determined that the program will directly enhance the educational experience of Indian and Alaska 

Native students; and’’; and 

(3) by adding at the end the following: 

‘‘(d) OUTREACH.—The Secretary shall monitor the applications for 

grants under this subpart to identify eligible local educational 

agencies and schools operated by the Bureau of Indian Education 

that have not applied for such grants, and shall undertake appropriate outreach activities to encourage and assist eligible entities 

to submit applications for such grants.’’. 

SEC. 725. AUTHORIZED SERVICES AND ACTIVITIES. 

Section 7115 (20 U.S.C. 7425) is amended— 

(1) in subsection (b)— 

(A) by inserting before paragraph (2) the following: 

‘‘(1) activities that support Native American language immersion programs and Native American language restoration 

programs,’’; 

(B) in paragraph (3), by striking ‘‘challenging State academic content and student academic achievement standards’’ and inserting ‘‘college and career ready State academic content and student academic achievement standards under section 1111(b)’’; 

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

‘‘(4) integrated educational services in combination with 

other programs to meet the unique needs of Indian children 

and their families, including programs that promote parental 

involvement— 


tjames on DSK6SPTVN1PROD with REPORTS
250 

‘‘(A) in school activities; and 

‘‘(B) to increase student achievement;’’; 

(D) in paragraph (11) by striking everything after ‘‘children’’; and 

(2) in subsection (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 the Indian students that would not be 

achieved if the funds were not used in a schoolwide program.’’. 

SEC. 726. STUDENT ELIGIBILITY FORMS. 

Section 7117(e) (20 U.S.C. 7427(e)) is amended to read as follows: 

‘‘(e) 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 7113, the membership of the child, or any parent or grandparent of the child, in 

a tribe or band of Indians (as so defined) may be established 

by proof other than an enrollment number, notwithstanding 

the availability of an enrollment number for a member of such 

tribe or band. Nothing in subsection (b) shall be construed to 

require the furnishing of an enrollment number. 

‘‘(2) NO NEW OR DUPLICATE DETERMINATIONS.—Once a child 

is determined to be an Indian eligible to be counted for such 

grant award, the local educational agency shall maintain a 

record of such determination and shall not require a new or 

duplicate determination to be made for such child for a subsequent application for a grant under this subpart. 

‘‘(3) PREVIOUSLY FILED FORMS.—An Indian student eligibility 

form that was on file as required by this section on the day before the date of enactment of the Student Success Act and that 

met the requirements of this section, as this section was in effect on the day before the date of enactment of such Act, shall 

remain valid for such Indian student.’’. 

SEC. 727. TECHNICAL ASSISTANCE. 

Subpart 1 of part A of title VII is amended by adding at the end 

the following new section: 

‘‘SEC. 7120. TECHNICAL ASSISTANCE. 

‘‘The Secretary shall, directly or through contract, provide technical assistance to a local educational agency upon request, in addition to any technical assistance available under section 1116 or 

available through the Institute of Education Sciences, to support 

the services and activities described under this section, including 

for the— 

‘‘(1) development of applications under this section; 

‘‘(2) improvement in the quality of implementation, content 

of activities, and evaluation of activities supported under this 

subpart; 

‘‘(3) integration of activities under this title with other educational activities established by the local educational agency; 

and 

‘‘(4) coordination of activities under this title with programs 

administered by each Federal agency providing grants for the 

provision of educational and related services.’’. 


tjames on DSK6SPTVN1PROD with REPORTS
251 

PART 2—SPECIAL PROGRAMS AND PROJECTS 

TO IMPROVE EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN 

SEC. 731. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION PROFESSIONALS. 

Section 7122 (20 U.S.C. 7442) is amended— 

(1) in subsection (a), by striking paragraphs (1) and (2) and 

inserting the following: 

‘‘(1) to increase the number of qualified and effective Indian 

teachers and administrators serving Indian students; 

‘‘(2) to provide training to qualified Indian individuals to become teachers, administrators, social workers, and other educators; and’’; 

(2) 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, in such manner, and accompanied by such information, as the 

Secretary may reasonably require. At a minimum, an application 

under this section shall describe how the eligible entity will— 

‘‘(1) recruit qualified Indian individuals, such as students 

who may not be of traditional college age, to become teachers 

or principals; 

‘‘(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).’’; and 

(4) 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 not more than an additional 2 years if the 

Secretary finds that the grantee is achieving the objectives of the 

grant.’’. 

PART 3—NATIONAL ACTIVITIES 

SEC. 741. NATIONAL ACTIVITIES. 

Section 7131(c)(2) (20 U.S.C. 7451(c)(2)) is amended by striking 

‘‘Office of Indian Education Programs’’ and inserting ‘‘Bureau of Indian Education’’. 

SEC. 742. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS 

THROUGH NATIVE AMERICAN LANGUAGE. 

Subpart 3 of part A of title VII (20 U.S.C. 7451 et seq.) is amended by striking sections 7132 through 7136 and inserting the following: 

‘‘SEC. 7132. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS 

THROUGH NATIVE AMERICAN LANGUAGE. 

‘‘(a) PURPOSE.—It is the purpose of this section to improve educational opportunities and academic achievement of Indian and 

Alaska Native students through Native American language programs and to foster the acquisition of Native American language. 


tjames on DSK6SPTVN1PROD with REPORTS
252 

‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term 

‘eligible entity’ means a State educational agency, local educational 

agency, Indian tribe, Indian organization, federally supported elementary school or secondary school for Indian students, Indian institution (including an Indian institution of higher education), or a 

consortium of such entities. 

‘‘(c) GRANTS AUTHORIZED.—The Secretary shall award grants to 

eligible entities to enable such entities to carry out the following 

activities: 

‘‘(1) Native American language programs that— 

‘‘(A) provide instruction through the use of a Native 

American language for not less than 10 children for an average of not less than 500 hours per year per student; 

‘‘(B) provide for the involvement of parents, caregivers, 

and families of students enrolled in the program; 

‘‘(C) utilize, and may include the development of, instructional courses and materials for learning Native 

American languages and for instruction through the use of 

Native American languages; 

‘‘(D) provide support for professional development activities; and 

‘‘(E) include a goal of all students achieving— 

‘‘(i) fluency in a Native American language; and 

‘‘(ii) academic proficiency in mathematics, English, 

reading or language arts, and science. 

‘‘(2) Native American language restoration programs that— 

‘‘(A) provide instruction in not less than 1 Native American language; 

‘‘(B) provide support for professional development activities for teachers of Native American languages; 

‘‘(C) develop instructional materials for the programs; 

and 

‘‘(D) include the goal of increasing proficiency and fluency in not less than 1 Native American language. 

‘‘(d) APPLICATION.— ‘‘(1) IN GENERAL.—An eligible entity that desires to receive a 

grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such 

information as the Secretary may require. 

‘‘(2) CERTIFICATION.—An eligible entity that submits an application for a grant to carry out the activity specified in subsection (c)(1), shall include in such application a certification 

that assures that such entity has experience and a demonstrated record of effectiveness in operating and administering a Native American language program or any other 

educational program in which instruction is conducted in a Native American language. 

‘‘(e) GRANT DURATION.—The Secretary shall award grants under 

this section 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 finds that the grantee is achieving the objectives of the 

grant. 

‘‘(f) DEFINITION.—In this section, the term ‘average’ means the 

aggregate number of hours of instruction through the use of a Native American language to all students enrolled in a Native AmerVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00256 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
253 

ican language program during a school year divided by the total 

number of students enrolled in the program. 

‘‘(g) ADMINISTRATIVE COSTS.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 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. 

‘‘(2) EXCEPTION.—An elementary school or secondary school 

for Indian students that receives funds from a recipient of a 

grant under subsection (c) for any fiscal year may use not more 

than 10 percent of the funds for administrative purposes. 

‘‘SEC. 7133. IMPROVING STATE AND TRIBAL EDUCATION AGENCY COLLABORATION. 

‘‘The Secretary, in consultation with the Director of the Bureau 

of Indian Education, shall conduct a study of the relationship 

among State educational agencies, local educational agencies, and 

other relevant State and local agencies, and tribes or tribal representatives to— 

‘‘(1) identify examples of best practices in collaboration 

among those entities that result in the provision of better services to Indian students; and 

‘‘(2) provide recommendations on— 

‘‘(A) State educational agency functions that tribal educational agencies could perform; 

‘‘(B) areas and agency functions in which greater State 

educational agency and tribal education agency collaboration is needed; and 

‘‘(C) other steps to reducing barriers to serving Indian 

students, especially such students who are at risk of academic failure.’’. 

Subtitle B—Native Hawaiian Education; 

Alaska Native Education 

SEC. 751. NATIVE HAWAIIAN EDUCATION AND ALASKA NATIVE EDUCATION. 

Title VII (20 U.S.C. 7401 et seq.) is amended— 

(1) in the heading of part B, by inserting ‘‘; ALASKA NATIVE EDUCATION’’ after ‘‘NATIVE HAWAIIAN EDUCATION’’; and 

(2) by inserting before section 7201 the following: 

‘‘Subpart 1—Native Hawaiian Education’’. 

SEC. 752. FINDINGS. 

Section 7202 (20 U.S.C. 7512) is amended to read as follows: 

‘‘SEC. 7202. FINDINGS. 

‘‘Congress finds the following: 

‘‘(1) Native Hawaiians are a distinct and unique indigenous 

people with a historical continuity to the original inhabitants 

of the Hawaiian archipelago, whose society was organized as a 

nation and internationally recognized as a nation by the 

United States, and many other countries. 


tjames on DSK6SPTVN1PROD with REPORTS
254 

‘‘(2) Native Hawaiians have a cultural, historic, and landbased link to the indigenous people who exercised sovereignty 

over the Hawaiian Islands. 

‘‘(3) The political status of Native Hawaiians is comparable 

to that of American Indians and Alaska Natives. 

‘‘(4) The political relationship between the United States and 

the Native Hawaiian people has been recognized and reaffirmed by the United States, as evidenced by the inclusion of 

Native Hawaiians in many Federal statutes, including— 

‘‘(A) the Native American Programs Act of 1974 (42 

U.S.C. 2991 et seq.); 

‘‘(B) Public Law 95–341 (commonly known as the ‘American Indian Religious Freedom Act’ (42 U.S.C. 1996)); 

‘‘(C) the National Museum of the American Indian Act 

(20 U.S.C. 80q et seq.); 

‘‘(D) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); 

‘‘(E) the National Historic Preservation Act (16 U.S.C. 

470 et seq.); 

‘‘(F) the Native American Languages Act (25 U.S.C. 2901 

et seq.); 

‘‘(G) the American Indian, Alaska Native, and Native 

Hawaiian Culture and Art Development Act (20 U.S.C. 

4401 et seq.); 

‘‘(H) the Workforce Investment Act of 1998 (29 U.S.C. 

2801 et seq.); and 

‘‘(I) the Older Americans Act of 1965 (42 U.S.C. 3001 et 

seq.). 

‘‘(5) Many Native Hawaiian students lag behind other students in terms of— 

‘‘(A) school readiness factors; 

‘‘(B) scoring below national norms on education achievement tests at all grade levels; 

‘‘(C) underrepresentation in the uppermost achievement 

levels and in gifted and talented programs; 

‘‘(D) overrepresentation among students qualifying for 

special education programs; 

‘‘(E) underrepresentation in institutions of higher education and among adults who have completed 4 or more 

years of college. 

‘‘(6) The percentage of Native Hawaiian students served by 

the State of Hawaii Department of Education rose 30 percent 

from 1980 to 2008, and there are and will continue to be geographically rural, isolated areas with a high Native Hawaiian 

population density. 

‘‘(7) The Native Hawaiian people are determined to preserve, 

develop, and transmit to future generations their ancestral territory and their cultural identity in accordance with their own 

spiritual and traditional beliefs, customs, practices, language, 

and social institutions.’’. 

SEC. 753. PURPOSES. 

Section 7203 (20 U.S.C. 7513) is amended to read as follows: 

‘‘SEC. 7203. PURPOSES. 

‘‘The purposes of this part are— 


tjames on DSK6SPTVN1PROD with REPORTS
255 

‘‘(1) to develop, implement, assess, and evaluate innovative 

educational programs to improve the academic achievement of 

Native Hawaiian students by meeting their unique cultural 

and language needs in order to help such students meet State 

academic content and achievement standards as described in 

section 1111(b); 

‘‘(2) to provide guidance to appropriate Federal, State, and 

local agencies to more effectively and efficiently focus resources, including resources made available under this part, on 

the development and implementation of— 

‘‘(A) innovative educational programs for Native Hawaiians; 

‘‘(B) rigorous and substantive Native Hawaiian language 

programs; and 

‘‘(C) Native Hawaiian culture-based educational programs; and 

‘‘(3) to create a system by which information from programs 

funded under this part will be collected, analyzed, evaluated, 

reported, and used in decisionmaking activities regarding the 

types of grants awarded under this part.’’. 

SEC. 754. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT. 

Section 7204 (20 U.S.C. 7514) is amended to read as follows: 

‘‘SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT. 

‘‘(a) GRANT AUTHORIZED.—In order to carry out the purposes of 

this part the Secretary shall award a grant to an education council, 

as 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 chairperson of the Queen Liliuokalani 

Trust (or a designee); 

‘‘(H) 1 shall be a member, selected by the other members 

of the Education Council, who represents a private grantmaking entity; 

‘‘(I) 1 shall be the Mayor of the County of Hawaii (or a 

designee); 

‘‘(J) 1 shall be the Mayor of Maui County (or a designee 

from the Island of Maui); 


tjames on DSK6SPTVN1PROD with REPORTS
256 

‘‘(K) 1 shall be the Mayor of the County of Kauai (or a 

designee); 

‘‘(L) 1 shall be appointed by the Mayor of Maui County 

from the Island of either Molokai or Lanai; 

‘‘(M) 1 shall be the Mayor of the City and County of 

Honolulu (or a designee); 

‘‘(N) 1 shall be the chairperson of the Hawaiian Homes 

Commission (or a designee); and 

‘‘(O) 1 shall be the chairperson of the Hawaii Workforce 

Development Council (or a designee representing the private sector). 

‘‘(3) REQUIREMENTS.—Any designee serving on the Education 

Council shall demonstrate, as determined by the individual 

who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a 

consumer or provider of Native Hawaiian education or cultural 

activities, with traditional cultural experience given due consideration. 

‘‘(4) LIMITATION.—A member (including a designee), while 

serving on the Education Council, shall not be a recipient 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 

Chair and a Vice Chair from among the members of the 

Education Council. 

‘‘(B) TERM LIMITS.—The Chair and Vice Chair 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 

Chair 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.—The Education Council shall use funds 

made available through the grant to carry out each of the following 

activities: 

‘‘(1) Providing advice about the coordination of, and serving 

as a clearinghouse for, the educational services and programs 

for Native Hawaiians. 

‘‘(2) Providing direction and guidance, such as through the 

issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve 

the use of resources relating to Native Hawaiian education. 

‘‘(3) provide technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this part; 

‘‘(4) assessing and evaluating the individual and aggregate 

impact of grants and activities funded under this part and how 

well they meet the needs of Native Hawaiians, including information and data about— 


tjames on DSK6SPTVN1PROD with REPORTS
257 

‘‘(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 section 7205(c) that are 

related to the specific goals and purposes of each grantee’s 

grant project, using metrics related to these priorities; 

‘‘(5) assess and define the educational needs of Native Hawaiians; and 

‘‘(6) may use funds to hire an executive director to enable the 

Council to carry out the activities described in this subsection. 

‘‘(e) USE OF FUNDS FOR COMMUNITY CONSULTATIONS.—The Education Council shall use funds made available though the grant 

under subsection (a) to hold not less than 1 community consultation each year on each of the islands of Hawaii, Maui, Molokai, 

Lanai, Oahu, and Kauai, at which— 

‘‘(1) not less than 3 members of the Education Council shall 

be in attendance; 

‘‘(2) the Education Council shall gather community input regarding— 

‘‘(A) current grantees under this part, as of the date of 

the consultation; 

‘‘(B) priorities and needs of Native Hawaiians; and 

‘‘(C) other Native Hawaiian education issues; and 

‘‘(3) the Education Council shall report to the community on 

the outcomes of the activities supported by grants awarded 

under this part. 

‘‘(f) REPORTS.— 

‘‘(1) ANNUAL EDUCATION COUNCIL REPORT.—The Education 

Council shall use funds made available through the grant 

under this section to prepare and submit to the Secretary, before the end of each calendar year, annual reports that contain— 

‘‘(A) a description of the activities of the Education 

Council during the preceding calendar year; 

‘‘(B) recommendations of the Education Council, if any, 

regarding priorities to be established under section 

7205(b); 

‘‘(C) significant barriers to achieving the goals under this 

subpart; 

‘‘(D) a summary of each community consultation session, 

as described in subsection (d); and 

‘‘(E) recommendations to establish funding priorities 

based on an assessment of— 

‘‘(i) the educational needs of Native Hawaiians; 

‘‘(ii) programs and services currently available to address such needs, including the effectiveness of such 

programs in improving educational performance of Native Hawaiians; and 

‘‘(iii) priorities for funding in specific geographic 

communities. 

‘‘(2) REPORT BY THE SECRETARY.—Not later than 2 years after 

the date of enactment of the Student Success Act, the Secretary shall prepare and submit to the Committee on Indian 


tjames on DSK6SPTVN1PROD with REPORTS
258 

Affairs of the Senate and the authorizing committees a report 

that— 

‘‘(A) summarizes the annual reports of the Education 

Council; 

‘‘(B) describes the allocation and use of funds under this 

subpart and the information gathered since the first annual report submitted by the Education Council to the Secretary under this section; and 

‘‘(C) contains recommendations for changes in Federal, 

State, and local policy to advance the purposes of this subpart. 

‘‘(g) FUNDING.—For each fiscal year, the Secretary shall use the 

amount described in section 7206(d)(2), to make a payment under 

the grant. Funds made available through the grant shall remain 

available until expended.’’. 

SEC. 755. GRANT PROGRAM AUTHORIZED. 

Section 7205 (20 U.S.C. 7515 et seq.) is amended to read as follows: 

‘‘SEC. 7205. GRANT PROGRAM AUTHORIZED. 

‘‘(a) GRANTS AND CONTRACTS.—In order to carry out programs 

that meet the purposes of this part, the Secretary is authorized to 

award grants to, or enter into contracts with— 

‘‘(1) Native Hawaiian educational organizations; 

‘‘(2) Native Hawaiian community-based organizations; 

‘‘(3) public and private nonprofit organizations, agencies, and 

institutions with experience in developing or operating Native 

Hawaiian education and workforce development programs or 

programs of instruction in the Native Hawaiian language; 

‘‘(4) charter schools; or 

‘‘(5) consortia of the organizations, agencies, and institutions 

described in paragraphs (1) through (4). 

‘‘(b) PRIORITY.—In awarding grants and entering into contracts 

under this part, the Secretary shall give priority to— 

‘‘(1) programs that meet the educational priority recommendations of the Education Council, as described under 

section 7204(d)(6)(E); 

‘‘(2) programs designed to improve the academic achievement 

of Native Hawaiian students by meeting their unique cultural 

and language needs in order to help such students meet State 

academic content and achievement standards as described in 

Section 1111(b) including the use of Native Hawaiian language 

and preservation or reclamation of Native Hawaiian culturebased educational practices; and 

‘‘(3) programs in which a local educational agency, institution 

of higher education, or a State educational agency apply for a 

grant or contract as part of a partnership or consortium with 

a nonprofit entity serving underserved communities within the 

Native Hawaiian population. 

‘‘(c) AUTHORIZED ACTIVITIES.—Activities provided through programs carried out under this part may include— 

‘‘(1) the development and maintenance of a statewide Native 

Hawaiian early education system to provide a continuum of 

high-quality early learning services for Native Hawaiian children; 


tjames on DSK6SPTVN1PROD with REPORTS
259 

‘‘(2) the operation of family-based education centers that provide such services as— 

‘‘(A) programs for Native Hawaiian parents and students; 

‘‘(B) early education programs for Native Hawaiians; and 

‘‘(C) research on, and development and assessment of, 

family-based, early childhood, and preschool programs for 

Native Hawaiians; 

‘‘(3) activities that enhance beginning reading and literacy in 

either the Hawaiian or the English language among Native 

Hawaiian students; 

‘‘(4) activities to meet the special needs of Native Hawaiian 

students with disabilities, including— 

‘‘(A) the identification of such students and their needs; 

‘‘(B) the provision of support services to the families of 

such students; and 

‘‘(C) other activities consistent with the requirements of 

the Individuals with Disabilities Education Act; 

‘‘(5) activities that address the special needs of Native Hawaiian students who are gifted and talented, including— 

‘‘(A) educational, psychological, and developmental activities designed to assist in the educational progress of 

such students; and 

‘‘(B) activities that involve the parents of such students 

in a manner designed to assist in the educational progress 

of such students; 

‘‘(6) the development of academic and vocational curricula to 

address the needs of Native Hawaiian students, including curricular materials in the Hawaiian language and mathematics 

and science curricula that incorporate Native Hawaiian tradition and culture; 

‘‘(7) professional development activities for educators, including— 

‘‘(A) the development of programs to prepare prospective 

teachers to address the unique needs of Native Hawaiian 

students within the context of Native Hawaiian culture, 

language, and traditions; 

‘‘(B) in-service programs to improve the ability of teachers who teach in schools with high concentrations of Native Hawaiian students to meet the unique needs of such 

students; and 

‘‘(C) the recruitment and preparation of Native Hawaiians, and other individuals who live in communities with 

a high concentration of Native Hawaiians, to become 

teachers; 

‘‘(8) the operation of community-based learning centers that 

address the needs of Native Hawaiian students, parents, families, and communities through the coordination of public and 

private programs and services, including— 

‘‘(A) early education programs; 

‘‘(B) before, after, and Summer school programs, expanded learning time, or weekend academies; 

‘‘(C) career and technical education programs; and 

‘‘(D) programs that recognize and support the unique 

cultural and educational needs of Native Hawaiian chilVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00263 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
260 

dren, and incorporate appropriately qualified Native Hawaiian elders and seniors; 

‘‘(9) activities, including program co-location, that ensure Native Hawaiian students graduate college and career ready including— 

‘‘(A) family literacy services; 

‘‘(B) counseling, guidance, and support services for students; and 

‘‘(C) professional development activities designed to help 

educators improve the college and career readiness of Native Hawaiian students; 

‘‘(10) research and data collection activities to determine the 

educational status and needs of Native Hawaiian children and 

adults; 

‘‘(11) other research and evaluation activities related to programs carried out under this part; and 

‘‘(12) other activities, consistent with the purposes of this 

part, to meet the educational needs of Native Hawaiian children and adults. 

‘‘(d) ADDITIONAL ACTIVITIES.—Notwithstanding any other provision of this part, funds made available to carry out this section as 

of the day before the date of enactment of the Student Success Act 

shall remain available until expended. The Secretary may use such 

funds to support the following: 

‘‘(1) The repair and renovation of public schools that serve 

high concentrations of Native Hawaiian students. 

‘‘(2) The perpetuation of, and expansion of access to, Hawaiian culture and history, such as through digital archives. 

‘‘(3) Informal education programs that promote traditional 

Hawaiian knowledge, science, astronomy, and the environment 

through State museums or learning centers. 

‘‘(4) Public charter schools serving high concentrations of Native Hawaiian students. 

‘‘(e) ADMINISTRATIVE COSTS.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), not 

more than 5 percent of funds provided to a recipient of a grant 

or contract under this section for any fiscal year may be used 

for administrative purposes. 

‘‘(2) EXCEPTION.—The Secretary may waive the requirement 

of paragraph (1) for a nonprofit entity that receives funding 

under this section and allow not more than 10 percent of funds 

provided to such nonprofit entity under this section for any fiscal year to be used for administrative purposes.’’. 

SEC. 756. ADMINISTRATIVE PROVISIONS; AUTHORIZATION OF APPROPRIATIONS. 

Section 7206 (20 U.S.C. 7516) is amended to read as follows: 

‘‘SEC. 7206. ADMINISTRATIVE PROVISIONS. 

‘‘(a) APPLICATION REQUIRED.—No grant may be made under this 

part, and no contract may be entered into under this part, unless 

the entity seeking the grant or contract submits an application to 

the Secretary at such time, in such manner, and containing such 

information as the Secretary may determine to be necessary to 

carry out the provisions of this part. 


tjames on DSK6SPTVN1PROD with REPORTS
261 

‘‘(b) DIRECT GRANT APPLICATIONS.—The Secretary shall provide a 

copy of all direct grant applications to the Education Council. 

‘‘(c) SUPPLEMENT NOT SUPPLANT.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), funds 

made available under this part shall be used to supplement, 

and not supplant, any State or local funds used to achieve the 

purposes of this part. 

‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to any nonprofit entity or Native Hawaiian community-based organization that receives a grant or other funds under this part. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There are authorized to be appropriated to 

carry out this section, and sections 7204 and 7205, such sums 

as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. 

‘‘(2) RESERVATION.—Of the funds appropriated under this 

subsection, the Secretary shall reserve, for each fiscal year 

after the date of enactment of the Student Success Act not less 

than $500,000 for the grant to the Education Council under 

section 7204. 

‘‘(3) AVAILABILITY.—Funds appropriated under this subsection shall remain available until expended.’’. 

SEC. 757. DEFINITIONS. 

Section 7207 (20 U.S.C. 7517) 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.’’. 

TITLE VIII—IMPACT AID 

SEC. 801. PURPOSE. 

Section 8001 (20 U.S.C. 7701) is amended by striking ‘‘challenging State standards’’ and inserting ‘‘State academic standards’’. 

SEC. 802. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL 

PROPERTY. 

Section 8002 (20 U.S.C. 7702) is amended— 

(1) in subsection (b)(1)(B), by striking ‘‘section 8014(a)’’ and 

inserting ‘‘section 3(d)(1)’’; and 

(2) by amending subsection (f) to read as follows: 

‘‘(f) SPECIAL RULE.—Beginning with fiscal year 2014, a local educational agency shall be deemed to meet the requirements of subsection (a)(1)(C) if records to determine eligibility under such subsection were destroyed prior to fiscal year 2000 and the agency received funds under subsection (b) in the previous year.’’; 

(3) by amending subsection (g) to read as follows: 

‘‘(g) FORMER DISTRICTS.— 

‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 and each succeeding fiscal year, if a local educational agency described in 


tjames on DSK6SPTVN1PROD with REPORTS
262 

paragraph (2) is formed at any time after 1938 by the consolidation of two or more former school districts, the local educational agency may elect to have the Secretary determine its 

eligibility and any amount for which the local educational 

agency is eligible under this section for such fiscal year on the 

basis of one or more of those former districts, as designated by 

the local educational agency. 

‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational agency described in this paragraph is— 

‘‘(A) any local educational agency that, for fiscal year 

1994 or any preceding fiscal year, applied for, 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 formed by the consolidation of 2 or more school districts, at least one of which was 

eligible for assistance under this section for the fiscal year 

preceding the year of the consolidation, if— 

‘‘(i) for fiscal years 2006 through 2013, the local educational agency notifies the Secretary not later than 

30 days after the date of enactment of the Student 

Success Act of the designation described in paragraph 

(1); and 

‘‘(ii) for fiscal year 2014, and each subsequent fiscal 

year, the local educational agency includes the designation in its application under section 8005 or any 

timely amendment to such application. 

‘‘(3) 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 fiscal 

year 2005, the Secretary may obligate funds remaining after 

final payments have been made for any of such fiscal years to 

carry out this subsection.’’; 

(4) in subsection (h)— 

(A) in paragraph (2)— 

(i) in subparagraph (C)(ii), by striking ‘‘section 

8014(a)’’ and inserting ‘‘section 3(d)(1)’’; and 

(ii) in subparagraph (D), by striking ‘‘section 

8014(a)’’ and inserting ‘‘section 3(d)(1)’’; and 

(B) in paragraph (4), by striking ‘‘Impact Aid Improvement Act of 2012’’ and inserting ‘‘Student Success Act’’; 

(5) by repealing subsection (k); 

(6) by redesignating subsection (l) as subsection (k); 

(7) by amending subsection (k) (as so redesignated) by striking ‘‘(h)(4)(B)’’ and inserting ‘‘(h)(2)’’; 

(8) by repealing subsection (m); and 

(9) by redesignating subsection (n) as subsection (j). 

SEC. 803. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN. 

(a) COMPUTATION OF PAYMENT.—Section 8003(a) (20 U.S.C. 

7703(a)) is amended— 

(1) in the matter preceding subparagraph (A) of paragraph 

(1), by inserting after ‘‘schools of such agency’’ the following: 

‘‘(including those children enrolled in such agency as a result 

of the open enrollment policy of the State in which the agency 


tjames on DSK6SPTVN1PROD with REPORTS
263 

is located, but not including children who are enrolled in a distance education program at such agency and who are not residing within the geographic boundaries of such agency)’’; and 

(2) in paragraph (5)(A), by striking ‘‘1984’’ and all that follows through ‘‘situated’’ and inserting ‘‘1984, or under lease of 

off-base property under subchapter IV of chapter 169 of title 

10, United States Code, to be children described under paragraph (1)(B) if the property described is within the fenced security perimeter of the military facility or attached to and under 

any type of force protection agreement with the military installation upon which such housing is situated.’’ 

(b) BASIC SUPPORT PAYMENTS FOR HEAVILY IMPACTED LOCAL

EDUCATIONAL AGENCIES.—Section 8003(b) (20 U.S.C. 7703(b)) is 

amended— 

(1) by striking ‘‘section 8014(b)’’ each place it appears and inserting ‘‘section 3(d)(2)’’; 

(2) in paragraph (1), by repealing subparagraph (E); 

(3) in paragraph (2)— 

(A) in subparagraph (A), by inserting at the end the following: 

‘‘(iii) The Secretary shall— 

‘‘(I) deem each local educational agency that received a basic support payment under this paragraph for fiscal year 2009 as eligible to receive a 

basic support payment under this paragraph for 

each of fiscal years 2012, 2013, and 2014; and 

‘‘(II) make a payment to each such local educational agency under this paragraph for each of 

fiscal years 2012, 2013, and 2014.’’; and 

(B) in subparagraph (B)— 

(i) by striking ‘‘CONTINUING’’ in the heading; 

(ii) by amending clause (i) to read as follows: 

‘‘(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 perVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00267 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
264 

pupil expenditure of the State in which 

the agency is located; or 

‘‘(BB) for any agency that has a total 

student enrollment less than 500, 150 

percent of the average per-pupil expenditure of the State in which the agency is 

located or the average per-pupil expenditure of 3 or more comparable local educational agencies in the State in which 

the agency is located; and 

‘‘(cc) is an agency that— 

‘‘(AA) has a tax rate for general fund 

purposes that is not less than 95 percent 

of the average tax rate for general fund 

purposes of comparable local educational 

agencies in the State; or 

‘‘(BB) was eligible to receive a payment 

under this subsection for fiscal year 2013 

and is located in a State that by State 

law has eliminated ad valorem tax as a 

revenue for local educational agencies; 

‘‘(III) is a local educational agency that— 

‘‘(aa) has an enrollment of children described in subsection (a)(1) that constitutes a 

percentage of the total student enrollment of 

the agency that is not less than 20 percent; 

‘‘(bb) for the 3 fiscal years preceding the fiscal year for which the determination is made, 

the average enrollment of children who are 

not described in subsection (a)(1) and who are 

eligible for a free or reduced price lunch under 

the Richard B. Russell National School Lunch 

Act constitutes a percentage of the total student enrollment of the agency that is not less 

than 65 percent; and 

‘‘(cc) has a tax rate for general fund purposes which is not less than 125 percent of 

the average tax rate for general fund purposes for comparable local educational agencies in the State; 

‘‘(IV) is a local educational agency that has a 

total student enrollment of not less than 25,000 

students, of which— 

‘‘(aa) not less than 50 percent are children 

described in subsection (a)(1); and 

‘‘(bb) not less than 5,500 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 perVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00268 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
265 

cent of the total student enrollment of the 

agency; and 

‘‘(bb) was eligible to receive assistance 

under subparagraph (A) for fiscal year 2001.’’; 

and 

(iii) in clause (ii)— 

(I) by striking ‘‘A heavily’’ and inserting the following: 

‘‘(I) IN GENERAL.—Subject to subclause (II), a 

heavily’’; and 

(II) by adding at the end the following: 

‘‘(II) LOSS OF ELIGIBILITY DUE TO FALLING BELOW

95 PERCENT OF THE AVERAGE TAX RATE FOR GENERAL FUND PURPOSES.—In a case of a heavily impacted local educational agency that fails to meet 

the requirements of clause (i) for a fiscal year by 

reason of having 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, subclause 

(I) shall be applied as if ‘and the subsequent fiscal 

year’ were inserted before the period at the end.’’; 

(C) by striking subparagraph (C); 

(D) by redesignating subparagraphs (D) through (H) as 

subparagraphs (C) through (G), respectively; 

(E) in subparagraph (C) (as so redesignated)— 

(i) in the heading, by striking ‘‘REGULAR’’; 

(ii) by striking ‘‘Except as provided in subparagraph 

(E)’’ and inserting ‘‘Except as provided in subparagraph (D)’’; 

(iii) by amending subclause (I) of clause (ii) to read 

as follows: 

‘‘(ii)(I)(aa) For a local educational agency with respect to 

which 35 percent or more of the total student enrollment 

of the schools of the agency are children described in subparagraph (D) or (E) (or a combination thereof) of subsection (a)(1), and that has an enrollment of children described in subparagraphs (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) Notwithstanding subitem (aa), a local educational 

agency that received a payment under this paragraph for 

fiscal year 2012 shall not be required to have an enrollment of children described in subparagraphs (A), (B), or 

(C) of subsection (a)(1) equal to at least 10 percent of the 

agency’s total enrollment.’’; and 

(iv) by amending subclause (III) of clause (ii) by 

striking ‘‘(B)(i)(II)(aa)’’ and inserting ‘‘subparagraph 

(B)(i)(I)’’; 

(F) in subparagraph (D)(i)(II) (as so redesignated), by 

striking ‘‘6,000’’ and inserting ‘‘5,500’’; 

(G) in subparagraph (E) (as so redesignated)— 


tjames on DSK6SPTVN1PROD with REPORTS
266 

(i) by striking ‘‘Secretary’’ and all that follows 

through ‘‘shall use’’ and inserting ‘‘Secretary shall 

use’’; 

(ii) by striking ‘‘; and’’ and inserting a period; and 

(iii) by striking clause (ii); 

(H) in subparagraph (F) (as so redesignated), by striking 

‘‘subparagraph (C)(i)(II)(bb)’’ and inserting ‘‘subparagraph 

(B)(i)(II)(bb)(BB)’’; and 

(I) in subparagraph (G) (as so redesignated)— 

(i) in clause (i)— 

(I) by striking ‘‘subparagraph (B), (C), (D), or 

(E)’’ and inserting ‘‘subparagraph (B), (C), or (D)’’; 

(II) by striking ‘‘by reason of’’ and inserting ‘‘due 

to’’; 

(III) by inserting after ‘‘clause (iii)’’ the following 

‘‘, 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’’; and 

(IV) by inserting before the period, the following: ‘‘or during such time as activities associated with base closure and realignment, 

modularization, force structure change, or force 

relocation are ongoing’’; and 

(ii) in clause (ii), by striking ‘‘(D) or (E)’’ each place 

it appears and inserting ‘‘(C) or (D)’’; 

(4) in paragraph (3)— 

(A) in subparagraph (B)— 

(i) by amending clause (iii) to read as follows: 

‘‘(iii) In the case of a local educational agency providing 

a free public education to students enrolled in kindergarten through grade 12, but which enrolls students described in subparagraphs (A), (B), and (D) of subsection 

(a)(1) only in grades 9 through 12, and which received a 

final payment in fiscal year 2009 calculated under this 

paragraph (as this paragraph was in effect on the day before the date of enactment of the Student Success 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).’’; and 

(ii) by adding at the end the following: 

‘‘(v) In the case of a local educational agency that is providing a program of distance education to children not residing within the geographic boundaries of the agency, the 

Secretary shall— 

‘‘(I) for purposes of the calculation under clause 

(i)(I), disregard such children from the total number of 

children in average daily attendance at the schools 

served by such agency; and 


tjames on DSK6SPTVN1PROD with REPORTS
267 

‘‘(II) for purposes of the calculation under clause 

(i)(II), disregard any funds received for such children 

from the total current expenditures for such agency.’’; 

(B) in subparagraph (C), by striking ‘‘subparagraph (D) 

or (E) of paragraph (2), as the case may be’’ and inserting 

‘‘paragraph (2)(D)’’; and 

(C) by amending subparagraph (D) to read as follows: 

‘‘(D) RATABLE DISTRIBUTION.—For any fiscal year 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 paragraph (1) or (2) (as the case may be) by 

multiplying— 

‘‘(i) a percentage, the denominator of which is the 

difference between the full amount computed under 

paragraph (1) or (2) (as the case may be) for all local 

educational agencies and the amount of the threshold 

payment (as calculated under subparagraphs (B) and 

(C)) of all local educational agencies, and the numerator of which is the aggregate of the excess sums, by; 

‘‘(ii) the difference between the full amount computed under paragraph (1) or (2) (as the case may be) 

for the agency and the amount of the threshold payment as calculated under subparagraphs (B) and (C) of 

the agency.’’; and 

(D) by inserting at the end the following new subparagraphs: 

‘‘(E) INSUFFICIENT PAYMENTS.—For each fiscal year described in subparagraph (A) for which the sums appropriated under section 3(d)(2) are insufficient to pay each 

local educational agency all of the local educational agency’s threshold payment described in subparagraph (D), the 

Secretary shall ratably reduce the payment to each local 

educational agency under this paragraph. 

‘‘(F) INCREASES.—If the sums appropriated under section 

3(d)(2) are sufficient to increase the threshold payment 

above the 100 percent threshold payment described in subparagraph (D), then the Secretary shall increase payments 

on the same basis as such payments were reduced, except 

no local educational agency may receive a payment 

amount greater than 100 percent of the maximum payment calculated under this subsection.’’; and 

(5) in paragraph (4)— 

(A) in subparagraph (A), by striking ‘‘through (D)’’ and 

inserting ‘‘and (C)’’; and 

(B) in subparagraph (B), by striking ‘‘subparagraph (D) 

or (E)’’ and inserting ‘‘subparagraph (C) or (D)’’. 

(c) PRIOR YEAR DATA.—Paragraph (2) of section 8003(c) (20 

U.S.C. 7703(c)) is amended to read as follows: 

‘‘(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— 


tjames on DSK6SPTVN1PROD with REPORTS
268 

‘‘(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) of not less than 10 percent, or 100 students, of 

children described in— 

‘‘(I) subparagraph (A), (B), (C), or (D) of subsection (a)(1); or 

‘‘(II) subparagraph (F) and (G) of subsection 

(a)(1), but only to the extent such children are civilian dependents of employees of the Department 

of Defense or the Department of the Interior; and 

‘‘(ii) that is the direct result of closure or realignment of military installations under the base closure 

process or the relocation of members of the Armed 

Forces and civilian employees of the Department of 

Defense as part of the force structure changes or 

movements of units or personnel between military installations or because of actions initiated by the Secretary of the Interior or the head of another Federal 

agency; or 

‘‘(C) was eligible to receive a payment under this section 

for the previous fiscal year and has had an increase in enrollment (as determined by the Secretary)— 

‘‘(i) of not less than 10 percent of children described 

in subsection (a)(1) or not less than 100 of such children; and 

‘‘(ii) that is the direct result of the closure of a local 

educational agency that received a payment under 

subsection (b)(1) or (b)(2) in the previous fiscal year.’’. 

(d) CHILDREN WITH DISABILITIES.—Section 8003(d)(1) (20 U.S.C. 

7703(d)) is amended by striking ‘‘section 8014(c)’’ and inserting 

‘‘section 3(d)(3)’’. 

(e) HOLD-HARMLESS.—Section 8003(e) (20 U.S.C. 7703(e)) is 

amended— 

(1) by amending paragraph (1) to read as follows: 

‘‘(1) IN GENERAL.—Subject to paragraph (2), the total amount 

the Secretary shall pay a local educational agency under subsection (b)— 

‘‘(A) for fiscal year 2014, shall not be less than 90 percent of the total amount that the local educational agency 

received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for 

fiscal year 2013; 

‘‘(B) for fiscal year 2015, shall not be less than 85 percent of the total amount that the local educational agency 

received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for 

fiscal year 2013; and 

‘‘(C) for fiscal year 2016, shall not be less than 80 percent of the total amount that the local educational agency 

received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for 

fiscal year 2013.’’; and 

(2) by amending paragraph (2) to read as follows: 


tjames on DSK6SPTVN1PROD with REPORTS
269 

‘‘(2) MAXIMUM AMOUNT.—The total amount provided to a 

local educational agency under subparagraph (A), (B), or C of 

paragraph (1) for a fiscal year shall not exceed the maximum 

basic support payment amount for such agency determined 

under paragraph (1) or (2) of subsection (b), as the case may 

be, for such fiscal year.’’. 

(f) MAINTENANCE OF EFFORT.—Section 8003 (20 U.S.C. 7703) is 

amended by striking subsection (g). 

SEC. 804. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON INDIAN LANDS. 

Section 8004(e)(9) is amended by striking ‘‘Bureau of Indian Affairs’’ and inserting ‘‘Bureau of Indian Education’’. 

SEC. 805. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 

8003. 

Section 8005(b) (20 U.S.C. 7705(b)) is amended in the matter preceding paragraph (1) by striking ‘‘and shall contain such information,’’. 

SEC. 806. CONSTRUCTION. 

Section 8007 (20 U.S.C. 7707) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘section 8014(e)’’ and 

inserting ‘‘section 3(d)(4)’’; 

(B) in paragraph (2), by adding at the end the following: 

‘‘(C) The agency is eligible under section 4003(b)(2) or is 

receiving basic support payments under circumstances described in section 4003(b)(2)(B)(ii).’’; and 

(C) in paragraph (3), by striking ‘‘section 8014(e)’’ each 

place it appears and inserting ‘‘section 3(d)(4)’’; and 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘section 8014(e)’’ and 

inserting ‘‘section 3(d)(4)’’; 

(B) in paragraph (3)— 

(i) in subparagraph (C)(i)(I), by adding at the end 

the following: 

‘‘(cc) At least 10 percent of the property in the 

agency is exempt from State and local taxation 

under Federal law.’’; and 

(ii) by adding at the end the following: 

‘‘(F) LIMITATIONS ON ELIGIBILITY REQUIREMENTS.—The 

Secretary shall not limit eligibility— 

‘‘(i) under subparagraph (C)(i)(I)(aa), to those local 

educational agencies in which the number of children 

determined under section 8003(a)(1)(C) for each such 

agency for the preceding school year constituted more 

than 40 percent of the total student enrollment in the 

schools of each such agency during the preceding 

school year; and 

‘‘(ii) under subparagraph (C)(i)(I)(cc), to those local 

educational agencies in which more than 10 percent of 

the property in each such agency is exempt from State 

and local taxation under Federal law.’’; 

(C) in paragraph (6)— 


tjames on DSK6SPTVN1PROD with REPORTS
270 

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

striking ‘‘in such manner, and accompanied by such 

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

(ii) by striking subparagraph (F); and 

(D) by striking paragraph (7). 

SEC. 807. FACILITIES. 

Section 8008 (20 U.S.C. 7708) is amended in subsection (a), by 

striking ‘‘section 8014(f)’’ and inserting ‘‘section 3(d)(5)’’. 

SEC. 808. STATE CONSIDERATION OF PAYMENTS PROVIDING STATE 

AID. 

Section 8009 (20 U.S.C. 7709) is amended— 

(1) in subsection (c)(1)(B), by striking ‘‘and contain the information’’; and 

(2) in subsection (d)(2)— 

(A) by striking ‘‘A State’’ and inserting the following: 

‘‘(A) IN GENERAL.—A State’’; and 

(B) by adding at the end of the following: 

‘‘(B) STATES THAT ARE NOT EQUALIZED STATES.—A State 

that has not been approved as an equalized State under 

subsection (b) shall not consider funds received under section 8002 or section 8003 of this title in any State formula 

or place a limit or direct the use of such funds.’’. 

SEC. 809. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW. 

Section 8011(a) (20 U.S.C. 7711(a)) is amended by striking ‘‘or 

under the Act’’ and all the follows through ‘‘1994)’’. 

SEC. 810. DEFINITIONS. 

Section 8013 (20 U.S.C. 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)(iii)— 

(A) in subclause (II), by striking ‘‘Stewart B. McKinney 

Homeless Assistance Act’’ and inserting ‘‘McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 11411)’’; and 

(B) in subclause (III), by inserting before the semicolon, 

‘‘(25 U.S.C. 4101 et seq.)’’; 

(4) in paragraph (8)(A), by striking ‘‘and verified by’’ and inserting ‘‘, and verified by,’’; and 

(5) in paragraph (9)(B), by inserting a comma before ‘‘on a 

case-by-case basis’’. 

SEC. 811. AUTHORIZATION OF APPROPRIATIONS. 

Section 8014 (20 U.S.C. 7801) is amended— 

(1) by striking ‘‘2000’’ each place it appears and inserting 

‘‘2014’’; 

(2) by striking ‘‘2001’’ and inserting ‘‘2015’’; and 

(3) by striking ‘‘2002’’ and inserting ‘‘2016’’. 

SEC. 812. CONFORMING AMENDMENTS. 

Subsection (c) of the Impact Aid Improvement Act of 2012 (20 

U.S.C. 6301 note; Public Law 112-239; 126 Stat. 1748) is amended— 

(1) (1) by striking paragraphs (1) and (4); and 

(2) (2) by redesignating paragraphs (2) and (3), as paragraphs (1) and (2), respectively. 


tjames on DSK6SPTVN1PROD with REPORTS
271 

TITLE IX—GENERAL PROVISIONS 

SEC. 900. GENERAL AMENDMENTS. 

(a) GENERAL PROHIBITION.—Section 9527(a) (20 U.S.C. 7907(a)) 

is amended by inserting ‘‘specific instructional content, academic 

standards or assessments,’’ after ‘‘school’s curriculum,’’. 

(b) RULE OF CONSTRUCTION.—Section 9534 (20 U.S.C. 7914) is 

amended by adding at the end the following: 

‘‘(c) RULE OF CONSTRUCTION.—Any public or private entity that 

receives funds allocated under this Act including from a State educational agency or local educational agency shall be considered a 

program under subsection (a) and be subject to the requirements 

of subsection (a) in carrying out programs or activities funded 

under this Act.’’. 

Subtitle A—Protecting Students From 

Sexual and Violent Predators 

SEC. 901. BACKGROUND CHECKS. 

Subpart 2 of part E of title IX of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: 

‘‘SEC. 9537. BACKGROUND CHECKS. 

‘‘(a) BACKGROUND CHECKS.—To ensure a safe learning environment, each State educational agency that receives funds under this 

Act shall have in effect policies and procedures that— 

‘‘(1) require that criminal background checks be conducted 

for each school employee that include— 

‘‘(A) a search of the State criminal registry or repository 

in the State in which the school employee resides and each 

State in which the school employee previously resided; 

‘‘(B) a search of State-based child abuse and neglect registries and databases in the State in which the school employee resides and each State in which the school employee 

previously resided; 

‘‘(C) a Federal Bureau of Investigation fingerprint check 

using the Integrated Automated Fingerprint Identification 

System; and 

‘‘(D) a search of the National Sex Offender Registry established under section 19 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919); 

‘‘(2) prohibit the employment of an individual as a school employee if such individual— 

‘‘(A) refuses to consent to a criminal background check 

under paragraph (1); 

‘‘(B) makes a false statement in connection with such 

criminal background check; 

‘‘(C) has been convicted of a felony consisting of— 

‘‘(i) homicide; 

‘‘(ii) child abuse or neglect; 

‘‘(iii) a crime against children, including child pornography; 

‘‘(iv) spousal abuse; 


tjames on DSK6SPTVN1PROD with REPORTS
272 

‘‘(v) a crime involving rape or sexual assault; 

‘‘(vi) kidnapping; 

‘‘(vii) arson; or 

‘‘(viii) physical assault, battery, or a drug-related offense, committed within 5 years of the completion of 

such individual’s criminal background check under 

paragraph (1); or 

‘‘(D) has been convicted of any other crime that is a violent or sexual crime against a minor; 

‘‘(3) require that a local educational agency or State educational agency that receives information from a criminal background check conducted paragraph (1) that an individual who 

has applied for employment as a school employee with such 

agency is a sexual predator, report to local law enforcement 

that such individual has so applied; 

‘‘(4) require that criminal background checks conducted 

under paragraph (1) be periodically repeated or updated in accordance with State law or local educational policy, but not less 

than once every 5 years; 

‘‘(5) require that each school employee who has had a criminal background check under paragraph (1) be provided with a 

copy of the background check; and 

‘‘(6) provide for a timely process by which a school employee 

may appeal, but which does not permit the school employee to 

be employed as a school employee during such appeal, the results of a criminal background check conducted under paragraph (1) to— 

‘‘(A) challenge the accuracy or completeness of the information produced by such background check; and 

‘‘(B) seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced by such background check. 

‘‘(b) INVENTORY AUTHORIZED.—A State educational agency may 

maintain an inventory of all the information from criminal background checks conducted under subsection (a)(1) on school employees in the State. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) SCHOOL EMPLOYEE.—The term ‘school employee’ 

means— 

‘‘(A) an employee of, or a person seeking employment 

with, a local educational agency or State educational agency, and who has a job duty that results in access to students; or 

‘‘(B) an employee of, or a person seeking employment 

with, a for-profit or nonprofit entity, or local public agency, 

that has a contract or agreement to provide services with 

a school, local educational agency, or State educational 

agency, and whose job duty— 

‘‘(i) is to provide such services; and 

‘‘(ii) results in access to students. 

‘‘(2) SEXUAL PREDATOR.—The term ‘sexual predator’ means a 

person 18 years of age or older who has been convicted of, or 

pled guilty to, a sexual offense against a minor.’’. 


tjames on DSK6SPTVN1PROD with REPORTS
273 

SEC. 902. CONFORMING AMENDMENT. 

Section 2 of the Elementary and Secondary Education Act of 

1965 is amended by adding after the item relating to section 9536 

the following: 

‘‘Sec. 9537. Background checks.’’. 

Subtitle B—Evaluation Authority 

SEC. 911. EVALUATION AUTHORITY. 

Title IX (20 U.S.C. 7801 et seq.) is further amended by amending 

part F to read as follows: 

‘‘PART F—EVALUATION AUTHORITY 

‘‘SEC. 9911. EVALUATION AUTHORITY. 

‘‘(a) RESERVATION OF FUNDS.—The Secretary shall reserve not 

less than 1 percent but not more than 3 percent of the amount appropriated to carry out each categorical program and demonstration project authorized under this Act. The reserved amounts shall 

be used by the Secretary, acting through the Director of the Institute of Education Sciences, to— 

‘‘(1) conduct— 

‘‘(A) comprehensive, high-quality evaluations of the program or project that— 

‘‘(i) provide information to inform policy-making and 

to support continuous program improvement; and 

‘‘(ii) use methods appropriate for the questions being 

asked; and 

‘‘(B) impact evaluations that, where practical and appropriate, use rigorous methodologies, such as experimental 

or quasi-experimental designs or randomized control trials, 

that permit the strongest possible causal inferences; 

‘‘(2) provide technical assistance to grant recipients on— 

‘‘(A) the conduct of the evaluation activities that the 

grantees carry out under this Act; and 

‘‘(B) the collection and reporting of performance data relating to the program or project and using that data to determine program effectiveness and make any required improvements; 

‘‘(3) evaluate the aggregate short-term and long-term effects 

and cost efficiencies across Federal programs assisted or authorized under this Act and related Federal preschool, elementary, and secondary programs under any other Federal law; 

‘‘(4) increase the usefulness of evaluations of grant recipients 

in order to ensure the continuous progress of the program or 

project by improving the quality, timeliness, efficiency, dissemination, and use of information relating to performance 

under the program or project and building the evidence base 

for what projects effectively meet the goals of the program in 

question; and 

‘‘(5) identify and disseminate research and best practices related to the programs and projects authorized under this Act 

to build the evidence base for the programs and projects that 

most effectively meet the goals of this Act. 


tjames on DSK6SPTVN1PROD with REPORTS
274 

‘‘(b) EVALUATION PLAN.—The Secretary shall annually develop 

and submit to Congress a plan that— 

‘‘(1) describes the specific evaluation activities and their 

timelines that the Secretary intends to carry out under this 

part for that year; and 

‘‘(2) results from evaluation activities carried out under this 

part. 

‘‘(c) OTHER EVALUATION ACTIVITIES.—If, under any other provision of this Act, funds are authorized to be reserved or used for 

evaluation activities with respect to a program or demonstration 

project, the Secretary may reserve additional funds under this part, 

if the amount reserved is less than 1 percent of program funding. 

In that case, the Secretary may reserve not less than 1 percent but 

not more than 3 percent of funding for program evaluation. 

‘‘(d) SPECIAL RULE REGARDING ALLOCATION FOR IMPACT EVALUATIONS.—The Secretary shall use not less than 30 percent of the 

funds reserved under this section for each of the fiscal years 2014 

through 2019, in the aggregate for each year, for impact evaluations that meet the requirements of subsection (a)(1).’’. 

Subtitle C—Keeping All Students Safe 

SEC. 911. KEEPING ALL STUDENTS SAFE. 

Title IX (20 U.S.C. 7801 et seq.) is further amended by adding 

at the end the following: 

‘‘PART G—KEEPING ALL STUDENTS SAFE 

‘‘SEC. 9701. DEFINITIONS. 

‘‘In this part: 

‘‘(1) CHEMICAL RESTRAINT.—The term ‘chemical restraint’ 

means a drug or medication used on a student to control behavior or restrict freedom of movement that is not— 

‘‘(A) prescribed by a licensed physician, or other qualified 

health professional acting under the scope of the professional’s authority under State law, for the standard treatment of a student’s medical or psychiatric condition; and 

‘‘(B) administered as prescribed by the licensed physician or other qualified health professional acting under the 

scope of the professional’s authority under State law. 

‘‘(2) MECHANICAL RESTRAINT.—The term ‘mechanical restraint’ has the meaning given the term in section 595(d)(1) of 

the Public Health Service Act (42 U.S.C. 290jj(d)(1)), except 

that the meaning shall be applied by substituting ‘student’s’ for 

‘resident’s’. 

‘‘(3) PHYSICAL ESCORT.—The term ‘physical escort’ has the 

meaning given the term in section 595(d)(2) of the Public 

Health Service Act (42 U.S.C. 290jj(d)(2)), except that the 

meaning shall be applied by substituting ‘student’ for ‘resident’. 

‘‘(4) PHYSICAL RESTRAINT.—The term ‘physical restraint’ has 

the meaning given the term in section 595(d)(3) of the Public 

Health Service Act (42 U.S.C. 290jj(d)(3)). 


tjames on DSK6SPTVN1PROD with REPORTS
275 

‘‘(5) POSITIVE BEHAVIOR SUPPORTS.—The term ‘positive behavior supports’ means a systematic approach to embed evidence-based practices and data-driven decisionmaking to improve school climate and culture, including a range of systemic 

and individualized strategies to reinforce desired behaviors and 

diminish reoccurrence of problem behaviors, in order to achieve 

improved academic and social outcomes and increase learning 

for all students, including students with the most complex and 

intensive behavioral needs. 

‘‘(6) PROTECTION AND ADVOCACY SYSTEM.—The term ‘protection and advocacy system’ means a protection and advocacy 

system established under section 143 of the Developmental 

Disabilities Assistance and Bill of Rights Act of 2000 (42 

U.S.C. 15043). 

‘‘(7) SCHOOL.—The term ‘school’ means an entity— 

‘‘(A) that— 

‘‘(i) is a public or private— 

‘‘(I) day or residential elementary school or secondary school; or 

‘‘(II) early childhood, elementary school, or secondary school program that is under the jurisdiction of a school, local educational agency, educational service agency, or other educational institution or program; and 

‘‘(ii) receives, or serves students who receive, support in any form from any program supported, in 

whole or in part, with funds appropriated under the 

Student Success Act; or 

‘‘(B) that is a school funded or operated by the Department of the Interior. 

‘‘(8) SCHOOL PERSONNEL.—The term ‘school personnel’ has 

the meaning— 

‘‘(A) given the term in section 4151(10); and 

‘‘(B) given the term ‘school resource officer’ in section 

4151(11). 

‘‘(9) SECLUSION.—The term ‘seclusion’ has the meaning given 

the term in section 595(d)(4) of the Public Health Service Act 

(42 U.S.C. 290jj(d)(4)). 

‘‘(10) STATE-APPROVED CRISIS INTERVENTION TRAINING PROGRAM.—The term ‘State-approved crisis intervention training 

program’ means a training program approved by a State and 

the Secretary that, at a minimum, provides— 

‘‘(A) training in evidence-based techniques shown to be 

effective in the prevention of physical restraint and seclusion; 

‘‘(B) training in evidence-based techniques shown to be 

effective in keeping both school personnel and students 

safe when imposing physical restraint or seclusion; 

‘‘(C) evidence-based skills training related to positive behavior supports, safe physical escort, conflict prevention, 

understanding antecedents, de-escalation, and conflict 

management; 

‘‘(D) training in first aid and cardiopulmonary resuscitation; 


tjames on DSK6SPTVN1PROD with REPORTS
276 

‘‘(E) information describing State policies and procedures 

that meet the minimum standards established by regulations promulgated pursuant to section 9702(a); and 

‘‘(F) certification for school personnel in the techniques 

and skills described in subparagraphs (A) through (D), 

which shall be required to be renewed on a periodic basis. 

‘‘(11) STUDENT.—The term ‘student’ means a student enrolled 

in a school defined in paragraph (7), except that in the case of 

a student enrolled in a private school or private program, such 

term means a student who receives support in any form from 

any program supported, in whole or in part, with funds appropriated under the Student Success Act. 

‘‘(12) TIME OUT.—The term ‘time out’ has the meaning given 

the term in section 595(d)(5) of the Public Health Service Act 

(42 U.S.C. 290jj(d)(5)), except that the meaning shall be applied by substituting ‘student’ for ‘resident’. 

‘‘SEC. 9702. MINIMUM STANDARDS; RULE OF CONSTRUCTION. 

‘‘(a) MINIMUM STANDARDS.—Not later than 180 days after the 

date of the enactment of the Student Success Act, to ensure a safe 

learning environment and protect each student from physical or 

mental abuse, aversive behavioral interventions that compromise 

student health and safety, or any physical restraint or seclusion 

imposed solely for purposes of discipline or convenience or in a 

manner otherwise inconsistent with this part, the Secretary shall 

promulgate regulations establishing the following minimum standards: 

‘‘(1) School personnel shall be prohibited from imposing on 

any student the following: 

‘‘(A) Mechanical restraints. 

‘‘(B) Chemical restraints. 

‘‘(C) Physical restraint or physical escort that restricts 

breathing. 

‘‘(D) Aversive behavioral interventions that compromise 

health and safety. 

‘‘(2) School personnel shall be prohibited from imposing physical restraint or seclusion on a student unless— 

‘‘(A) the student’s behavior poses an imminent danger of 

physical injury to the student, school personnel, or others; 

‘‘(B) less restrictive interventions would be ineffective in 

stopping such imminent danger of physical injury; 

‘‘(C) such physical restraint or seclusion is imposed by 

school personnel who— 

‘‘(i) continuously monitor the student face-to-face; or 

‘‘(ii) if school personnel safety is significantly compromised by such face-to-face monitoring, are in continuous direct visual contact with the student; 

‘‘(D) such physical restraint or seclusion is imposed by— 

‘‘(i) school personnel trained and certified by a Stateapproved crisis intervention training program (as defined in section 9701(16)); or 

‘‘(ii) other school personnel in the case of a rare and 

clearly unavoidable emergency circumstance when 

school personnel trained and certified as described in 

clause (i) are not immediately available due to the unforeseeable nature of the emergency circumstance; and 


tjames on DSK6SPTVN1PROD with REPORTS
277 

‘‘(E) such physical restraint or seclusion ends immediately upon the cessation of the conditions described in 

subparagraphs (A) and (B). 

‘‘(3) States, in consultation with local educational agencies 

and private school officials, shall ensure that a sufficient number of personnel are trained and certified by a State-approved 

crisis intervention training program (as defined in section 

9701(16)) to meet the needs of the specific student population 

in each school. 

‘‘(4) The use of physical restraint or seclusion as a planned 

intervention shall not be written into a student’s education 

plan, individual safety plan, behavioral plan, or individualized 

education program (as defined in section 602 of the Individuals 

with Disabilities Education Act (20 U.S.C. 1401)). Local educational agencies or schools may establish policies and procedures for use of physical restraint or seclusion in school safety 

or crisis plans, provided that such school plans are not specific 

to any individual student. 

‘‘(5) Schools shall establish procedures to be followed after 

each incident involving the imposition of physical restraint or 

seclusion upon a student, including— 

‘‘(A) procedures to provide to the parent of the student, 

with respect to each such incident— 

‘‘(i) an immediate verbal or electronic communication on the same day as the incident; and 

‘‘(ii) written notification within 24 hours of the incident; and 

‘‘(B) any other procedures the Secretary determines appropriate. 

‘‘(b) SECRETARY OF THE INTERIOR.—The Secretary of the Interior 

shall ensure that schools operated or funded by the Department of 

the Interior comply with the regulations promulgated by the Secretary under subsection (a). 

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

construed to authorize the Secretary to promulgate regulations prohibiting the use of— 

‘‘(1) time out (as defined in section 9701(20)); 

‘‘(2) devices implemented by trained school personnel, or utilized by a student, for the specific and approved therapeutic or 

safety purposes for which such devices were designed and, if 

applicable, prescribed, including— 

‘‘(A) restraints for medical immobilization; 

‘‘(B) adaptive devices or mechanical supports used to 

achieve proper body position, balance, or alignment to 

allow greater freedom of mobility than would be possible 

without the use of such devices or mechanical supports; or 

‘‘(C) vehicle safety restraints when used as intended during the transport of a student in a moving vehicle; or 

‘‘(3) handcuffs by school resource officers (as such term is defined in section 4151(11) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7161(11)))— 

‘‘(A) in the— 

‘‘(i) case when a student’s behavior poses an imminent danger of physical injury to the student, school 

personnel, or others; or 


tjames on DSK6SPTVN1PROD with REPORTS
278 

‘‘(ii) lawful exercise of law enforcement duties; and 

‘‘(B) less restrictive interventions would be ineffective. 

‘‘SEC. 9703. STATE PLAN AND REPORT REQUIREMENTS AND ENFORCEMENT. 

‘‘(a) STATE PLAN.—Not later than 2 years after the Secretary promulgates regulations pursuant to section 9702(a), and each year 

thereafter, each State educational agency shall submit to the Secretary a State plan that provides— 

‘‘(1) assurances to the Secretary that the State has in effect— 

‘‘(A) State policies and procedures that meet the minimum standards, including the standards with respect to 

State-approved crisis intervention training programs, established by regulations promulgated pursuant to section 

9702(a); and 

‘‘(B) a State mechanism to effectively monitor and enforce the minimum standards; 

‘‘(2) a description of the State policies and procedures, including a description of the State-approved crisis intervention 

training programs in such State; and 

‘‘(3) a description of the State plans to ensure school personnel and parents, including private school personnel and 

parents, are aware of the State policies and procedures. 

‘‘(b) REPORTING.— 

‘‘(1) REPORTING REQUIREMENTS.—Not later than 2 years after 

the date the Secretary promulgates regulations pursuant to 

section 9702(a), and each year thereafter, each State educational agency shall (in compliance with the requirements of 

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)) prepare and submit to the Secretary, 

and make available to the public, a report that includes the information described in paragraph (2), with respect to each local 

educational agency, and each school not under the jurisdiction 

of a local educational agency, located in the same State as such 

State educational agency. 

‘‘(2) INFORMATION REQUIREMENTS.— 

‘‘(A) GENERAL INFORMATION REQUIREMENTS.—The report 

described in paragraph (1) shall include information on— 

‘‘(i) the total number of incidents in the preceding 

full-academic year in which physical restraint was imposed upon a student; and 

‘‘(ii) the total number of incidents in the preceding 

full-academic year in which seclusion was imposed 

upon a student. 

‘‘(B) DISAGGREGATION.— 

‘‘(i) GENERAL DISAGGREGATION REQUIREMENTS.—The 

information described in subparagraph (A) shall be 

disaggregated by— 

‘‘(I) the total number of incidents in which physical restraint or seclusion was imposed upon a 

student— 

‘‘(aa) that resulted in injury; 

‘‘(bb) that resulted in death; and 


tjames on DSK6SPTVN1PROD with REPORTS
279 

‘‘(cc) in which the school personnel imposing 

physical restraint or seclusion were not 

trained and certified as described in section 

9702(a)(2)(D)(i); and 

‘‘(II) the demographic characteristics of all students upon whom physical restraint or seclusion 

was imposed, including— 

‘‘(aa) the categories identified in section 

1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6311(h)(1)(C)(i)); 

‘‘(bb) age; and 

‘‘(cc) disability status (which has the meaning given the term ‘individual with a disability’ in section 7(20) of the Rehabilitation 

Act of 1973 (29 U.S.C. 705(20))). 

‘‘(ii) UNDUPLICATED COUNT; EXCEPTION.—The 

disaggregation required under clause (i) shall— 

‘‘(I) be carried out in a manner to ensure an 

unduplicated count of the— 

‘‘(aa) total number of incidents in the preceding full-academic year in which physical 

restraint was imposed upon a student; and 

‘‘(bb) total number of incidents in the preceding full-academic year in which seclusion 

was imposed upon a student; and 

‘‘(II) not be required in a case in which the number of students in a category would reveal personally identifiable information about an individual 

student. 

‘‘(c) ENFORCEMENT.— ‘‘(1) IN GENERAL.— 

‘‘(A) USE OF REMEDIES.—If a State educational agency 

fails to comply with subsection (a) or (b), the Secretary 

shall— 

‘‘(i) withhold, in whole or in part, further payments 

under an applicable program (as such term is defined 

in section 400(c) of the General Education Provisions 

Act (20 U.S.C. 1221)) in accordance with section 455 

of such Act (20 U.S.C. 1234d); 

‘‘(ii) require a State educational agency to submit, 

and implement, within 1 year of such failure to comply, a corrective plan of action, which may include redirection of funds received under an applicable program; or 

‘‘(iii) issue a complaint to compel compliance of the 

State educational agency through a cease and desist 

order, in the same manner the Secretary is authorized 

to take such action under section 456 of the General 

Education Provisions Act (20 U.S.C. 1234e). 

‘‘(B) CESSATION OF WITHHOLDING OF FUNDS.—Whenever 

the Secretary determines (whether by certification or other 

appropriate evidence) that a State educational agency who 

is subject to the withholding of payments under subparagraph (A)(i) has cured the failure providing the basis for 


tjames on DSK6SPTVN1PROD with REPORTS
280 

the withholding of payments, the Secretary shall cease the 

withholding of payments with respect to the State educational agency under such subparagraph. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to limit the Secretary’s authority under the 

General Education Provisions Act (20 U.S.C. 1221 et seq.). 

‘‘SEC. 9704. GRANT AUTHORITY. 

‘‘(a) IN GENERAL.—From the amount appropriated under section 

922, the Secretary may award grants to State educational agencies 

to assist the agencies in— 

‘‘(1) establishing, implementing, and enforcing the policies 

and procedures to meet the minimum standards established by 

regulations promulgated by the Secretary pursuant to section 

9702(a); 

‘‘(2) improving State and local capacity to collect and analyze 

data related to physical restraint and seclusion; and 

‘‘(3) improving school climate and culture by implementing 

school-wide positive behavior support approaches. 

‘‘(b) DURATION OF GRANT.—A grant under this section shall be 

awarded to a State educational agency for a 3-year period. 

‘‘(c) APPLICATION.—Each State educational agency desiring a 

grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including information on 

how the State educational agency will target resources to schools 

and local educational agencies in need of assistance related to preventing and reducing physical restraint and seclusion. 

‘‘(d) AUTHORITY TO MAKE SUBGRANTS.— 

‘‘(1) IN GENERAL.—A State educational agency receiving a 

grant under this section may use such grant funds to award 

subgrants, on a competitive basis, to local educational agencies. 

‘‘(2) APPLICATION.—A local educational agency desiring to receive a subgrant under this section shall submit an application 

to the applicable State educational agency at such time, in 

such manner, and containing such information as the State 

educational agency may require. 

‘‘(e) PRIVATE SCHOOL PARTICIPATION.— 

‘‘(1) IN GENERAL.—A local educational agency receiving 

subgrant funds under this section shall, after timely and meaningful consultation with appropriate private school officials, ensure that private school personnel can participate, on an equitable basis, in activities supported by grant or subgrant funds. 

‘‘(2) PUBLIC CONTROL OF FUNDS.—The control of funds provided under this section, and title to materials, equipment, and 

property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, 

equipment, and property. 

‘‘(f) REQUIRED ACTIVITIES.—A State educational agency receiving 

a grant, or a local educational agency receiving a subgrant, under 

this section shall use such grant or subgrant funds to carry out the 

following: 

‘‘(1) Researching, developing, implementing, and evaluating 

strategies, policies, and procedures to prevent and reduce physical restraint and seclusion in schools, consistent with the minVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00284 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
281 

imum standards established by regulations promulgated by the 

Secretary pursuant to section 9702(a). 

‘‘(2) Providing professional development, training, and certification for school personnel to meet such standards. 

‘‘(3) Carrying out the reporting requirements under section 

9703(b) and analyzing the information included in a report prepared under such section to identify student, school personnel, 

and school needs related to use of physical restraint and seclusion. 

‘‘(g) ADDITIONAL AUTHORIZED ACTIVITIES.—In addition to the required activities described in subsection (f), a State educational 

agency receiving a grant, or a local educational agency receiving a 

subgrant, under this section may use such grant or subgrant funds 

for one or more of the following: 

‘‘(1) Developing and implementing high-quality professional 

development and training programs to implement evidencebased systematic approaches to school-wide positive behavior 

supports, including improving coaching, facilitation, and training capacity for administrators, teachers, specialized instructional support personnel, and other staff. 

‘‘(2) Providing technical assistance to develop and implement 

evidence-based systematic approaches to school-wide positive 

behavior supports, including technical assistance for data-driven decisionmaking related to behavioral supports and interventions in the classroom. 

‘‘(3) Researching, evaluating, and disseminating high-quality 

evidence-based programs and activities that implement schoolwide positive behavior supports with fidelity. 

‘‘(4) Supporting other local positive behavior support implementation activities consistent with this subsection. 

‘‘(h) EVALUATION AND REPORT.—Each State educational agency 

receiving a grant under this section shall, at the end of the 3-year 

grant period for such grant— 

‘‘(1) evaluate the State’s progress toward the prevention and 

reduction of physical restraint and seclusion in the schools located in the State, consistent with the minimum standards established by regulations promulgated by the Secretary pursuant to section 9702(a); and 

‘‘(2) submit to the Secretary a report on such progress. 

‘‘(i) DEPARTMENT OF THE INTERIOR.—From the amount appropriated under section 9708, the Secretary may allocate funds to the 

Secretary of the Interior for activities under this section with respect to schools operated or funded by the Department of the Interior, under such terms as the Secretary of Education may prescribe. 

‘‘SEC. 9705. NATIONAL ASSESSMENT. 

‘‘(a) NATIONAL ASSESSMENT.—The Secretary shall carry out a national assessment to determine the effectiveness of this part, which 

shall include— 

‘‘(1) analyzing data related to physical restraint and seclusion incidents; 

‘‘(2) analyzing the effectiveness of Federal, State, and local 

efforts to prevent and reduce the number of physical restraint 

and seclusion incidents in schools; 


tjames on DSK6SPTVN1PROD with REPORTS
282 

‘‘(3) identifying the types of programs and services that have 

demonstrated the greatest effectiveness in preventing and reducing the number of physical restraint and seclusion incidents 

in schools; and 

‘‘(4) identifying evidence-based personnel training models 

with demonstrated success in preventing and reducing the 

number of physical restraint and seclusion incidents in schools, 

including models that emphasize positive behavior supports 

and de-escalation techniques over physical intervention. 

‘‘(b) REPORT.—The Secretary shall submit to the Committee on 

Education and the Workforce of the House of Representatives and 

the Committee on Health, Education, Labor, and Pensions of the 

Senate— 

‘‘(1) not later than 3 years after the date of enactment of the 

Student Success Act, an interim report that summarizes the 

preliminary findings of the assessment described in subsection 

(a); and 

‘‘(2) not later than 5 years after the date of the enactment 

of the Student Success Act, a final report of the findings of the 

assessment. 

‘‘SEC. 9706. PROTECTION AND ADVOCACY SYSTEMS. 

‘‘Protection and Advocacy Systems shall have the authority provided under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043) to investigate, 

monitor, and enforce protections provided for students under this 

part. 

‘‘SEC. 9707. LIMITATION OF AUTHORITY. 

‘‘(a) IN GENERAL.—Nothing in this part shall be construed to restrict or limit, or allow the Secretary to restrict or limit, any other 

rights or remedies otherwise available to students or parents under 

Federal or State law or regulation. 

‘‘(b) APPLICABILITY.— 

‘‘(1) PRIVATE SCHOOLS.—Nothing in this part shall be construed to affect any private school that does not receive, or 

does not serve students who receive, support in any form from 

any program supported, in whole or in part, with funds appropriated to the Department of Education. 

‘‘(2) HOME SCHOOLS.—Nothing in this part shall be construed 

to— 

‘‘(A) affect a home school, whether or not a home school 

is treated as a private school or home school under State 

law; or 

‘‘(B) consider parents who are schooling a child at home 

as school personnel. 

‘‘SEC. 9708. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated such sums as may be 

necessary to carry out this part for fiscal year 2014 and each of the 

4 succeeding fiscal years. 

‘‘SEC. 9709. PRESUMPTION OF CONGRESS RELATING TO COMPETITIVE 

PROCEDURES. 

‘‘(a) PRESUMPTION.—It is the presumption of Congress that 

grants awarded under this part will be awarded using competitive 

procedures based on merit. 


tjames on DSK6SPTVN1PROD with REPORTS
283 

‘‘(b) REPORT TO CONGRESS.—If grants are awarded under this 

part using procedures other than competitive procedures, the Secretary shall submit to Congress a report explaining why competitive procedures were not used.’’. 

Subtitle D—Protecting Student Athletes 

From Concussions 

SEC. 931. PROTECTING STUDENT ATHLETES FROM CONCUSSIONS. 

Title IX (20 U.S.C. 7801 et seq.) is further amended by adding 

at the end the following: 

‘‘PART H—PROTECTING STUDENT ATHLETES 

FROM CONCUSSIONS 

‘‘SEC. 9801. MINIMUM STATE REQUIREMENTS. 

‘‘Beginning with fiscal year 2014, in order to be eligible to receive 

funds for such year or a subsequent fiscal year under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) 

each State educational agency shall issue regulations establishing 

the following minimum requirements in order to protect student 

academic achievement from the impact of concussions: 

‘‘(1) LOCAL EDUCATIONAL AGENCY CONCUSSION SAFETY AND

MANAGEMENT PLAN.—Each local educational agency in the 

State, in consultation with members of the community in 

which such agency is located, shall develop and implement a 

standard plan for concussion safety and management that includes— 

‘‘(A) the education of students, parents, and school personnel about concussions, such as— 

‘‘(i) the training and certification of school personnel, 

including coaches, athletic trainers, and school nurses, 

on concussion safety and management; and 

‘‘(ii) using and maintaining standardized release 

forms, treatment plans, observation, monitoring and 

reporting forms, recordkeeping forms, and post-injury 

fact sheets; 

‘‘(B) supports for students recovering from a concussion, 

such as— 

‘‘(i) guiding such student in resuming participation 

in athletic activity and academic activities with the 

help of a multi-disciplinary team, which may include— 

‘‘(I) a health care professional, the parents of 

such student, a school nurse, or other relevant 

school personnel; and 

‘‘(II) an individual who is assigned by a public 

school to oversee and manage the recovery of such 

student; 

‘‘(ii) providing appropriate academic accommodations; and 

‘‘(iii) referring students whose symptoms of concussion reemerge or persist upon the reintroduction of 

cognitive and physical demands for evaluation of the 


tjames on DSK6SPTVN1PROD with REPORTS
284 

eligibility of such students for services under the Individual with Disabilities Education Act (20 U.S.C. 1400 

et seq.) and the Rehabilitation Act of 1973 (29 U.S.C. 

701 note et seq.); and 

‘‘(C) best practices designed to ensure, with respect to 

concussions, the uniformity of safety standards, treatment, 

and management, such as— 

‘‘(i) disseminating information on concussion management safety and management to the public; and 

‘‘(ii) applying uniform standards for concussion safety and management to all students enrolled in public 

schools. 

‘‘(2) POSTING OF INFORMATION ON CONCUSSIONS.—Each public 

elementary school and each secondary school shall post on 

school grounds, in a manner that is visible to students and 

school personnel, and make publicly available on the school 

website, information on concussions that— 

‘‘(A) is based on peer-reviewed scientific evidence (such 

as information made available by the Centers for Disease 

Control and Prevention); 

‘‘(B) shall include— 

‘‘(i) the risks posed by sustaining a concussion; 

‘‘(ii) the actions a student should take in response to 

sustaining a concussion, including the notification of 

school personnel; and 

‘‘(iii) the signs and symptoms of a concussion; and 

‘‘(C) may include— 

‘‘(i) the definition of a concussion; 

‘‘(ii) the means available to the student to reduce the 

incidence or recurrence of a concussion; and 

‘‘(iii) the effects of a concussion on academic learning 

and performance. 

‘‘(3) RESPONSE TO CONCUSSION.—If any school personnel, including coaches and athletic trainers, of a public school suspects that a student has sustained a concussion during a 

school-sponsored athletic activity— 

‘‘(A) the student shall be— 

‘‘(i) immediately removed from participation in such 

activity; and 

‘‘(ii) prohibited from returning to participate in 

school-sponsored athletic activities— 

‘‘(I) on the day such student sustained a concussion; and 

‘‘(II) until such student submits a written release from a health care professional stating that 

the student is capable of resuming participation in 

school-sponsored athletic activities; and 

‘‘(B) such personnel shall report to the parent or guardian of such student— 

‘‘(i) the date, time, and extent of the injury suffered 

by such student; and 

‘‘(ii) any actions taken to treat such student. 

‘‘(4) RETURN TO ATHLETICS AND ACADEMICS.—Before a student who has sustained a concussion in a school-sponsored athletic activity resumes participation in school-sponsored athletic 


tjames on DSK6SPTVN1PROD with REPORTS
285 

activities or academic activities, the school shall receive a written release from a health care professional, that— 

‘‘(A) states that the student is capable of resuming participation in such activities; and 

‘‘(B) may require the student to follow a plan designed 

to aid the student in recovering and resuming participation in such activities in a manner that— 

‘‘(i) is coordinated, as appropriate, with periods of 

cognitive and physical rest while symptoms of a concussion persist; and 

‘‘(ii) reintroduces cognitive and physical demands on 

such student on a progressive basis only as such increases in exertion do not cause the reemergence or 

worsening of symptoms of a concussion. 

‘‘SEC. 9802. REPORT TO SECRETARY OF EDUCATION. 

‘‘Not later than 6 months after promulgating regulations pursuant to section 9801 in order to be eligible to receive funds under 

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

6301 et seq.), each State educational agency shall submit to the 

Secretary of Education a report that contains— 

‘‘(1) a description of the State regulations promulgated pursuant to section 9801; and 

‘‘(2) an assurance that the State has implemented such regulations. 

‘‘SEC. 9803. RULE OF CONSTRUCTION. 

‘‘Nothing in this subtitle shall be construed to alter or supersede 

State law with respect to education standards or procedures or civil 

liability. 

‘‘SEC. 9804. DEFINITIONS. 

‘‘In this subtitle: 

‘‘(1) CONCUSSION.—The term ‘concussion’ means a type of 

traumatic brain injury that— 

‘‘(A) is caused by a blow, jolt, or motion to the head or 

body that causes the brain to move rapidly in the skull; 

‘‘(B) disrupts normal brain functioning and alters the 

mental state of the individual, causing the individual to 

experience— 

‘‘(i) any period of observed or self-reported — 

‘‘(I) transient confusion, disorientation, or impaired consciousness; 

‘‘(II) dysfunction of memory around the time of 

injury; and 

‘‘(III) loss of consciousness lasting less than 30 

minutes; 

‘‘(ii) any one of four types of symptoms of a headache, including— 

‘‘(I) physical symptoms, such as headache, fatigue, or dizziness; 

‘‘(II) cognitive symptoms, such as memory disturbance or slowed thinking; 

‘‘(III) emotional symptoms, such as irritability 

or sadness; and 

‘‘(IV) difficulty sleeping; and 

‘‘(C) can occur— 


tjames on DSK6SPTVN1PROD with REPORTS
286 

‘‘(i) with or without the loss of consciousness; and 

‘‘(ii) during participation in any organized sport or 

recreational activity. 

‘‘(2) HEALTH CARE PROFESSIONAL.—The term ‘health care professional’ means a physician, nurse, certified athletic trainer, 

physical therapist, neuropsychologist or other qualified individual who— 

‘‘(A) is a registered, licensed, certified, or otherwise 

statutorily recognized by the State to provide medical 

treatment; 

‘‘(B) is experienced in the diagnosis and management of 

traumatic brain injury among a pediatric population; and 

‘‘(C) may be a volunteer. 

‘‘(3) LOCAL EDUCATIONAL AGENCY; STATE EDUCATIONAL AGENCY.—The terms ‘local educational agency’ and ‘State educational agency’ have the meanings given such terms in section 

9101 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7801). 

‘‘(4) SCHOOL PERSONNEL.—The term ‘school personnel’ has 

the meaning given such term in section 4151 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7161). 

‘‘(5) SCHOOL-SPONSORED ATHLETIC ACTIVITY.—The term 

‘school-sponsored athletic activity’ means— 

‘‘(A) any physical education class or program of a school; 

‘‘(B) any athletic activity authorized during the school 

day on school grounds that is not an instructional activity; 

and 

‘‘(C) any extracurricular sports team, club, or league organized by a school on or off school grounds.’’. 

TITLE X—EDUCATION FOR HOMELESS 

CHILDREN AND YOUTHS 

SEC. 1001. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS. 

Subtitle B of title VII of the McKinney-Vento Homeless Assistance Ac (42 U.S.C. 11421 et seq.) is amended to read as follows: 

‘‘Subtitle B—Education for Homeless 

Children and Youths 

‘‘SEC. 721. STATEMENT OF POLICY. 

‘‘The following is the policy of Congress: 

‘‘(1) Each State educational agency shall ensure that each 

homeless child and youth has access to the same free, appropriate public education, including a public preschool education, 

as provided to other children and youth. 

‘‘(2) In any State where compulsory residency requirements 

or other requirements of laws, regulations, practices, or policies 

may act as a barrier to the identification, enrollment, attendance, or success in school of homeless children and youth, the 

State shall review and revise such laws, regulations, practices, 

or policies to ensure that homeless children and youth are afVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00290 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
287 

forded the same free appropriate public education as is provided to other children and youth. 

‘‘(3) Homelessness is not a sufficient reason to separate students from the mainstream school environment. 

‘‘(4) Homeless children and youth shall have access to the 

education and other services that such children and youth need 

to ensure that such children and youth have an opportunity to 

meet the same college and career ready State student academic 

achievement standards to which all students are held. 

‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTHS. 

‘‘(a) GENERAL AUTHORITY.—The Secretary is authorized to make 

grants to States from allotments made under subsection (c) and in 

accordance with this section to enable such States to carry out the 

activities described in subsections (d) through (g). 

‘‘(b) APPLICATION.—In order for a State to be eligible to receive 

a grant under this section, the State educational agency, in consultation with other relevant State agencies, shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may 

reasonably require. 

‘‘(c) ALLOCATION AND RESERVATIONS.— ‘‘(1) ALLOCATION.— ‘‘(A) IN GENERAL.—Subject to subparagraph (C), the Secretary is authorized to allot to each State an amount that 

bears the same ratio to the amount appropriated for such 

year under section 727 that remains after the Secretary reserves funds under paragraph (2) and uses funds to carry 

out section 724(d) and (h), as the amount allocated under 

section 1122 of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6332) to the State for that year 

bears to the total amount allocated under section 1122 of 

such Act to all States for that year, except as provided in 

subparagraph (B)— 

‘‘(B) MINIMUM ALLOTMENTS.—No State shall receive for 

a fiscal year less under this paragraph than the greater 

of— 

‘‘(i) $300,000; or 

‘‘(ii) an amount that bears the same ratio to the 

amount appropriated for such year under section 727 

that remains after the Secretary reserves funds under 

paragraph (2) and uses funds to carry out section 724 

(d) and (h), as the amount the State received under 

this paragraph for the preceding fiscal year bears to 

the total amount received by all States under this 

paragraph for the preceding fiscal year. 

‘‘(C) REDUCTION FOR INSUFFICIENT FUNDS.—If there are 

insufficient funds in a fiscal year to allot to each State the 

minimum amount under subparagraph (B), the Secretary 

shall ratably reduce the allotments to all States based on 

the proportionate share that each State received under 

this subsection for the preceding fiscal year. 

‘‘(2) RESERVATIONS.— 

‘‘(A) STUDENTS IN TERRITORIES.—The Secretary is authorized to reserve 0.1 percent of the amount appropriated 


tjames on DSK6SPTVN1PROD with REPORTS
288 

for each fiscal year under section 727 to be allocated by the 

Secretary among the United States Virgin Islands, Guam, 

American Samoa, and the Commonwealth of the Northern 

Mariana Islands, according to their respective need for assistance under this title, as determined by the Secretary. 

Funds allocated under this subparagraph shall be used for 

programs that are consistent with the purposes of the programs described in this subtitle. 

‘‘(B) INDIAN STUDENTS.— ‘‘(i) TRANSFER.—The Secretary shall transfer 1 percent of the amount appropriated for each fiscal year 

under section 727 to the Department of the Interior 

for programs that are for Indian students served by 

schools funded by the Secretary of the Interior, as determined under the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450 et seq.), and 

that are consistent with the purposes of the programs 

described in this title. 

‘‘(ii) AGREEMENT.—The Secretary of Education and 

the Secretary of the Interior shall enter into an agreement, consistent with the requirements of this title, 

for the distribution and use of the funds described in 

clause (i) under terms that the Secretary of Education 

determines best meet the purposes of the programs described in this title. Such agreement shall set forth the 

plans of the Secretary of the Interior for the use of the 

funds transferred, including appropriate goals, objectives, and milestones for that use. 

‘‘(d) STATE ACTIVITIES.—Grant funds from a grant made to a 

State under this section shall be used for the following: 

‘‘(1) To provide activities for and services to improve the 

identification of homeless children and youth and enable such 

children and youth to enroll in, attend, and succeed in school, 

including in early childhood education programs. 

‘‘(2) To establish or designate an Office of the Coordinator for 

Education of Homeless Children and Youth in the State educational agency in accordance with subsection (f) that has sufficient knowledge, authority, and time to carry out the duties described in this title. 

‘‘(3) To prepare and carry out the State plan described in 

subsection (g). 

‘‘(4) To develop and implement professional development activities for liaisons designated under subsection (g)(1)(J)(ii), 

other local educational agency school personnel, and community agencies to improve their— 

‘‘(A) identification of homeless children and youth; and 

‘‘(B) awareness of, and capacity to respond to, specific 

needs in the education of homeless children and youth. 

‘‘(e) STATE AND LOCAL SUBGRANTS.— ‘‘(1) MINIMUM DISBURSEMENTS BY STATES.—From the grant 

funds made available each year to a State under subsection (a) 

to carry out this title, the State educational agency shall distribute not less than 75 percent by making subgrants under 

section 723 to local educational agencies for the purposes of 

carrying out section 723. 


tjames on DSK6SPTVN1PROD with REPORTS
289 

‘‘(2) USE BY STATE EDUCATIONAL AGENCY.—A State educational agency may use any grant funds remaining after making subgrants under section 723 to conduct activities under 

subsection (f) directly or through making grants or entering 

into contracts. 

‘‘(3) PROHIBITION ON SEGREGATING HOMELESS STUDENTS.—In 

providing a free public education to a homeless child or youth, 

no State receiving funds under this title shall segregate such 

child or youth in a separate school, or in a separate program 

within a school, based on such child’s or youth’s status as 

homeless. 

‘‘(A) EXCEPTION.—Notwithstanding paragraph (3), paragraphs (1)(J)(i) and (3) of subsection (g), section 723(a)(2), 

and any other provision of this title relating to the placement of homeless children or youths in schools, a State 

that has a separate school for homeless children or youths 

that was operated and in receipt of funds under this title 

in fiscal year 2013 in a covered county shall be eligible to 

receive funds under this title for programs carried out in 

such school. 

‘‘(B) DEFINITION.—For purposes of this paragraph, the 

term ‘covered county’ means San Diego County, California. 

‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.—The Coordinator for Education of Homeless Children and Youth established in 

each State shall— 

‘‘(1) gather and make publicly available reliable, valid, and 

comprehensive information on 

‘‘(A) the nature and extent of the problems homeless 

children and youth have in gaining access to public preschool programs, and to public elementary schools and secondary schools; 

‘‘(B) the difficulties in identifying the special needs and 

barriers to participation and achievement of such children 

and youth; 

‘‘(C) any progress made by the State educational agency 

and local educational agencies in the State in addressing 

such problems and difficulties; and 

‘‘(D) the success of the programs under this title in identifying homeless children and youth and allowing homeless 

children and youth to enroll in, attend, and succeed in 

school; and 

‘‘(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 require, reports 

containing such information as the Secretary determines is 

necessary to assess the educational needs of homeless children 

and youth within the State including data requested pursuant 

to section 724(h); 

‘‘(4) improve the provision of comprehensive education and 

related support services to homeless children and youth and 

their families, and to minimize educational disruption, through 

coordination of activities and collaboration with— 


tjames on DSK6SPTVN1PROD with REPORTS
290 

‘‘(A) educators, including teachers, administrators, specialized instructional support personnel, and child development and preschool program personnel; 

‘‘(B) providers of services to homeless children and youth 

and homeless families, public and private child welfare 

and social service 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 youth, and their families, including public housing agencies, shelter operators, 

operators of transitional housing facilities, and providers of 

transitional living programs for homeless youth; 

‘‘(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 youth and their families; and 

‘‘(5) provide professional development and 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 paragraphs 

(3) through (8) of subsection (g), and subsection (e)(3); and 

‘‘(g) STATE PLAN.— 

‘‘(1) IN GENERAL.—Each State shall submit to the Secretary 

and implement a plan to provide for the education of homeless 

children and youth within the State. Such plan shall include 

the following: 

‘‘(A) A description of how such children and youth are (or 

will be) given the opportunity 

‘‘(i) to meet the same challenging State academic 

achievement standards all students are expected to 

meet; and 

‘‘(ii) to become college and career ready. 

‘‘(B) A description of the procedures the State educational agency will use, in coordination with local educational agencies, 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 arising under this title, which shall— 

‘‘(i) be developed in coordination and collaboration 

with the liaisons designated under subparagraph 

(J)(ii); 

‘‘(ii) be readily available and provided in a written 

format and, to the extent practicable, in a manner and 

form understandable to the parents and guardians of 

homeless children and youth; 

‘‘(iii) take into account the educational best interest 

of the homeless child or youth, or unaccompanied 

youth, involved; and 


tjames on DSK6SPTVN1PROD with REPORTS
291 

‘‘(iv) ensure that parents and guardians of homeless 

children and youth, and unaccompanied youth, who 

have exhausted the procedures available under this 

paragraph are able to appeal to the State educational 

agency, and are enrolled in school pursuant to paragraph (4)(C) and receive transportation pursuant to 

subparagraph (J)(iii) pending final resolution of the 

dispute. 

‘‘(D) A description of programs for school personnel (including the liaisons, principals, attendance officers, teachers, enrollment personnel, and specialized instructional 

support personnel) to increase the awareness of such personnel of the specific needs of homeless adolescents, including runaway and homeless youth. 

‘‘(E) A description of procedures that ensure that homeless children and youth 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, including 

through the policies and practices required under 

paragraph (3); 

‘‘(ii) homeless youths and youth separated from the 

public schools, are identified and accorded equal access to appropriate and available secondary education 

and support services, including receiving appropriate 

credit for full or partial coursework satisfactorily completed while attending a prior school, and for work 

completed after their enrollment in a new school, consistent with State graduation requirements and accreditation standards; and 

‘‘(iii) homeless children and youth who meet the relevant eligibility criteria are able to participate in Federal, State, or local educational programs, such as 

‘‘(I) innovative school models, including charter 

schools, magnet schools, and blended learning 

schools; 

‘‘(II) expanded learning time and out-of-school 

time programs, including before- and after-school 

programs and summer schools; 

‘‘(III) middle and secondary school enrichment 

programs, including career and technical education, advanced placement, international baccalaureate, and dual enrollment courses; 

‘‘(IV) online learning opportunities, including 

virtual schools; and 

‘‘(V) relevant workforce investment programs. 

‘‘(G) Strategies to address problems identified in the reports provided to the Secretary under subsection (f)(3). 

‘‘(H) Strategies to address other problems with respect to 

the education of homeless children and youth, including 

enrollment problems related to— 

‘‘(i) immunization and other required health records 

and screenings; 


tjames on DSK6SPTVN1PROD with REPORTS
292 

‘‘(ii) residency requirements; 

‘‘(iii) lack of birth certificates, school records, or 

other documentation; 

‘‘(iv) guardianship issues; or 

‘‘(v) uniform or dress code requirements. 

‘‘(I) A demonstration that the State educational agency 

and local educational agencies and schools in the State 

have developed, and shall review and revise, their policies 

and practices to remove barriers to the identification, enrollment, attendance, retention, and success of homeless 

children and youth in schools, including early childhood 

education programs, in the State. 

‘‘(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 youth 

are not stigmatized or segregated on the basis of their 

status as homeless; 

‘‘(ii) local educational agencies will designate an appropriate staff person as the local educational agency 

liaison for homeless children and youth, who shall 

have sufficient training and time to carry out the duties described in paragraph (7)(A), and who may also 

be a coordinator for other Federal programs. 

‘‘(iii) the State and 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 involved (or in the case of an unaccompanied youth, the liaison), to and from the school of origin for as long as the student has the right to attend 

the school of origin as determined in paragraph (4)(A), 

in accordance with the following, where applicable: 

‘‘(I) If the child or youth continues to live in the 

area served by the local educational agency for the 

school of origin, the child’s or youth’s transportation to and from the school of origin shall be 

provided or arranged by the local educational 

agency for the school of origin. 

‘‘(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 for the area in which the child or youth is 

living shall agree upon a method to apportion the 

responsibility and cost for providing 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 between 

the agencies. 

‘‘(iv) The State educational agency and local educational agencies will adopt policies and practices to 


tjames on DSK6SPTVN1PROD with REPORTS
293 

promote school success for homeless children and 

youth, including access to full participation in academic and extracurricular activities that are made 

available to non-homeless students. 

‘‘(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 (8). 

‘‘(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 title 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 the child or youth becomes a homeless child or youth between academic years or during an academic year; or 

‘‘(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) BEST INTEREST.—In determining the best interest of 

the child or youth under subparagraph (A), the local educational agency shall— 

‘‘(i) presume that keeping a homeless 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 wishes of the child’s or youth’s parent or guardian; 

‘‘(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 wishes of the homeless 

child’s or youth’s parent or guardian or the unaccompanied youth involved; 

‘‘(iii) if, after conducting the best interest determination described 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 or origin or the 

school requested by the parent, guardian, or unaccompanied youth, provide, in coordination with the local 

education agency liaison, the homeless child’s or 

youth’s parent or guardian or the unaccompanied 

youth, with a written explanation in a manner or form 

understandable to such parent, guardian, or youth, to 


tjames on DSK6SPTVN1PROD with REPORTS
294 

the extent practicable, including a statement regarding the right to appeal under subparagraph (E); 

‘‘(iv) in the case of an unaccompanied youth, ensure 

that the homeless 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); and 

‘‘(v) provide transportation pursuant to paragraphs 

(1)(J)(iii) and (5). 

‘‘(C) ENROLLMENT.— 

‘‘(i) ENROLLMENT.—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 traditionally required for enrollment, including previous academic records, health records, proof of residency 

or guardianship, or other documentation; 

‘‘(II) has unpaid fines or fees from prior schools 

or is unable to pay fees in the school selected; or 

‘‘(III) has missed application or enrollment 

deadlines during any period of homelessness. 

‘‘(ii) CONTACTING SCHOOL LAST ATTENDED.—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 

enroll the child or youth and immediately refer the 

parent or guardian of the child or youth, or the unaccompanied youth, to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall 

assist in obtaining necessary immunizations or 

screenings or other required health records, in accordance with subparagraph (D). 

‘‘(iv) NO LIABILITY.—Whenever the school selected 

enrolls an unaccompanied youth in accordance with 

this paragraph, no liability shall be imposed upon the 

school by reason of enrolling the youth without parent 

or guardian consent. 

‘‘(D) RECORDS.—Any record ordinarily kept by the school, 

including immunization or medical 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 when 

a child or youth enters a new school or school district, 

even if the child or youth owes fees or fines or did not 

withdraw from the previous school in conformance 

with local withdrawal procedures; and 

‘‘(ii) in a manner consistent with section 444 of the 

General Education Provisions Act (20 U.S.C. 1232g). 


tjames on DSK6SPTVN1PROD with REPORTS
295 

‘‘(E) DISPUTES.—If a dispute arises over eligibility, enrollment, school selection or service in a public school or 

public preschool, or any other issue relating to services 

under this title— 

‘‘(i) in the case of a dispute relating to eligibility for 

enrollment or school selection, 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 

shall be provided with a written explanation of the 

school’s decision regarding eligibility for enrollment, 

school selection, or services, made by the school or the 

local educational agency, which shall include information about the right to appeal the decision; 

‘‘(iii) the child, youth, parent, or guardian 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 such 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 involved lives with the homeless parents or has been 

temporarily placed elsewhere. 

‘‘(G) SCHOOL OF ORIGIN DEFINED.— 

‘‘(i) IN GENERAL.—In this paragraph, the term 

‘school of origin’ means the school that the child or 

youth attended when permanently housed or the 

school in which the child or youth was last enrolled. 

‘‘(ii) RECEIVING SCHOOL.—When a 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 the feeder school that the child 

or youth attended. 

‘‘(H) CONTACT INFORMATION.—Nothing in this title shall 

prohibit a local educational agency from requiring a parent 

or guardian of a homeless child to submit contact information. 

‘‘(I) PRIVACY.—Information about a homeless child’s or 

youth’s living situation shall be treated as a student education record under section 444 of the General Education 

Provisions Act (20 U.S.C. 1232g) and shall not be released 

to housing providers, employers, law enforcement personnel, or other persons or agencies not authorized to have 

such information under section 99.31 of title 34, Code of 

Federal Regulations, paying particular attention to preventing disruption of the living situation of the child or 

youth and to supporting the safety of such children and 


tjames on DSK6SPTVN1PROD with REPORTS
296 

youth who are survivors of domestic violence and unaccompanied youth. 

‘‘(J) ACADEMIC ACHIEVEMENT.—The school selected in accordance with this paragraph shall ensure that homeless 

children and youth have opportunities to meet the same 

college and career ready State student academic achievement standards to which other students are held, including implementing the policies and practices required by 

paragraph (1)(J)(iv). 

‘‘(4) COMPARABLE SERVICES.—In addition to receiving services 

provided for homeless children and youth under this title or 

other Federal, State, or local laws, regulations, policies, or 

practices, each homeless child or youth to be assisted under 

this title shall be provided services comparable to services offered to other students in the school selected under paragraph 

(4), 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.), similar State or local 

programs, charter schools, magnet schools, educational 

programs for children with disabilities, and educational 

programs for students with limited English proficiency. 

‘‘(C) Programs in vocational and technical education. 

‘‘(D) Programs for gifted and talented students. 

‘‘(E) School nutrition programs. 

‘‘(F) Health and counseling services, as appropriate. 

‘‘(5) COORDINATION.— 

‘‘(A) IN GENERAL.—Each local educational agency shall 

coordinate— 

‘‘(i) the provision of services under this title with the 

services of local social services agencies and other 

agencies or entities providing services to homeless 

children and youth 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.—Each State educational 

agency and local educational agency that receives assistance under this title shall coordinate, if applicable, 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 youth 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 youth are 

identified within a reasonable time frame; 


tjames on DSK6SPTVN1PROD with REPORTS
297 

‘‘(ii) ensure that all homeless children and youth 

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 DISABIL- ITIES.—For children and youth who are to be assisted both 

under this title, 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 title with the provision of programs for 

children with disabilities served by such 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 youth, designated under paragraph 

(1)(J)(ii), shall ensure that— 

‘‘(i) all homeless children and youths are identified 

by school personnel and through coordination activities with other entities and agencies; 

‘‘(ii) homeless children and youth are enrolled in, 

and have a full and equal opportunity to succeed in, 

schools of that local educational agency; 

‘‘(iii) homeless families, children, and youth have access to educational services for which such families, 

children, and youth are eligible, including services 

through Head Start, Early Head Start, early intervention, and Even Start programs, and preschool programs; 

‘‘(iv) homeless families, and homeless children and 

youth, receive referrals to health care services, dental 

services, mental health and substance abuse services, 

housing services, and other appropriate services; 

‘‘(v) homeless children and youth are certified as eligible for free meals offered under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et 

seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 

1771 et seq.), without further application; 

‘‘(vi) the parents or guardians of homeless children 

and youth are informed of the educational and related 

opportunities available to their children, including 

early learning opportunities, and are provided with 

meaningful opportunities to participate in the education of their children; 

‘‘(vii) public notice of the educational rights of homeless children and youth is incorporated into documents 

related to residency requirements or enrollment, provided upon school enrollment and withdrawal, posted 

on the local educational agency’s website, and disseminated in locations frequented by parents and guardians of homeless children and youth and unaccompanied youth, including schools, shelters, public librarVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00301 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
298 

ies, and soup kitchens in a manner and form understandable to parents and guardians of homeless children and youth and unaccompanied youth; 

‘‘(viii) disputes are resolved in accordance with paragraph (3)(E); 

‘‘(ix) the parent or guardian of a homeless child or 

youth, or 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 (4)(A). 

‘‘(x) school personnel are adequately prepared to implement this title and receive professional development, resource materials, technical assistance, and 

other support; and 

‘‘(xi) unaccompanied youth— 

‘‘(I) are enrolled in school; 

‘‘(II) have opportunities to meet the same college 

and career ready State student academic achievement standards to which other students are held, 

including through implementation of the policies 

and practices required by subparagraphs (F)(ii) 

and (J)(iv) of paragraph (1); 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), including through school counselors that have received 

professional development about unaccompanied 

youth, and 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 appointed under subsection (d)(2) and local educational agencies shall inform 

school personnel, service providers, and advocates working 

with homeless families and homeless children and youth of 

the contact information and duties of the local educational 

agency liaisons, including publishing an annually updated 

list of the liaisons working in the State on the State educational agency’s website. 

‘‘(C) LOCAL AND STATE COORDINATION.—the local educational agency liaisons shall, as a part of their duties, coordinate and collaborate with State coordinators and community and school personnel responsible for the provision 

of education and related support services to homeless children and youth. 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) PROFESSIONAL DEVELOPMENT.—The local educational agency liaisons shall participate in the professional development and other technical assistance activities provided by the State Coordinator pursuant to subsection (f)(5). 

‘‘(h) EMERGENCY DISASTER GRANTS.— 


tjames on DSK6SPTVN1PROD with REPORTS
299 

‘‘(1) IN GENERAL.—The Secretary shall make emergency disaster grants to eligible local educational agencies and eligible 

States described in paragraph (2), in order to increase the capacity for such local educational agencies and States to respond to major disasters. 

‘‘(2) ELIGIBILITY; APPLICATION.— ‘‘(A) ELIGIBILITY.— ‘‘(i) LOCAL EDUCATIONAL AGENCY ELIGIBILITY.—A 

local educational agency shall be eligible to receive an 

emergency disaster grant under this subsection, based 

on demonstrated need, if such local educational agency’s enrollment of homeless children and youth has increased as a result of a hurricane, flood, or other natural disaster for which the President declared a major 

disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5170 et seq.). 

‘‘(ii) STATE ELIGIBILITY.—A State, through the Office 

of the Coordinator for Education of Homeless Children 

and Youths in the State educational agency, shall be 

eligible to receive an emergency disaster grant under 

this subsection if there are 1 or more eligible local 

educational agencies, as described in clause (i), located 

within the State. 

‘‘(B) APPLICATION.—In order for an eligible State or an 

eligible local educational agency to receive a grant under 

this subsection, the State educational agency, in consultation with other relevant State agencies, or local educational agency shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. 

‘‘(3) DISTRIBUTION OF GRANTS.—The Secretary shall distribute emergency disaster grant funds— 

‘‘(A) based on demonstrated need, to State educational 

agencies or local educational agencies for local educational 

agencies whose enrollment of homeless children and 

youths has increased as a result of a hurricane, flood, or 

other natural disaster for which the President has declared a major disaster under title IV of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5170 et seq.); 

‘‘(B) expeditiously, and in no case later than 75 days 

after such funds are appropriated to the Secretary; and 

‘‘(C) in a manner that enables local educational agencies 

to use such funds for the immediate needs of disaster response and ongoing disaster recovery. 

‘‘(4) AMOUNT OF GRANTS.—The Secretary shall distribute 

grants under this subsection in amounts determined by the 

Secretary and related to the increase in enrollment of homeless 

children and youths as a result of such major disaster. 

‘‘(5) USES OF FUNDS.—A local educational agency or State 

educational agency that receives an emergency disaster grant 

under this subsection shall use the grant funds to carry out the 

activities described in section 723(d). 


tjames on DSK6SPTVN1PROD with REPORTS
300 

‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTH. 

‘‘(a) GENERAL AUTHORITY.— 

‘‘(1) IN GENERAL.—The State educational agency shall, in accordance with section 722(e), and from amounts made available 

to such agency under section 727, make subgrants to local educational agencies for the purpose of facilitating the identification, enrollment, attendance, and success in school of homeless 

children and youth. 

‘‘(2) SERVICES.— 

‘‘(A) IN GENERAL.—Services under paragraph (1)— 

‘‘(i) may be provided through programs on school 

grounds or at other facilities; and 

‘‘(ii) shall, to the maximum extent practicable, be 

provided through existing programs and mechanisms 

that integrate homeless children and youth with nonhomeless children and youth. 

‘‘(B) SERVICES ON SCHOOL GROUNDS.—If services under 

paragraph (1) are provided to homeless children and youth 

on school grounds, the schools involved may use funds 

under this subtitle to provide the same services to other 

children and youth who are determined by the local educational agency serving the school to be at risk of failing 

in, or dropping out of, school. 

‘‘(3) REQUIREMENT.—Services provided under this section 

shall not replace the regular academic program and shall be 

designed to expand upon or improve services provided as part 

of the school’s regular academic program. 

‘‘(4) DURATION OF GRANTS.—Subgrants under this section 

shall be for terms not to exceed 3 years. 

‘‘(b) APPLICATION.—A local educational agency that desires to receive a subgrant under this section shall submit an application to 

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

containing or accompanied by such information as the State educational agency may reasonably require. Such application shall include the following: 

‘‘(1) An assessment of the educational and related needs of 

homeless children and youth in the area served by such agency 

(which may be undertaken as part of a needs assessment for 

other disadvantaged group). 

‘‘(2) A description of the services and programs for which assistance is sought to address the needs identified in paragraph 

(1). 

‘‘(3) An assurance that the local educational agency’s combined fiscal effort per student, or the aggregate expenditures of 

that agency and the State with respect to the provision of free 

public education by such agency for the fiscal year preceding 

the fiscal year for which the subgrant determination is made, 

was not less than 90 percent of such combined fiscal effort or 

aggregate expenditures for the second fiscal year preceding the 

fiscal year for which the determination is made. 

‘‘(4) An assurance that the applicant complies with, or will 

use requested funds to comply with, paragraphs (3) through (7) 

of section 722(g). 


tjames on DSK6SPTVN1PROD with REPORTS
301 

‘‘(5) A description of policies and procedures that the agency 

will implement to ensure that activities carried out by the 

agency will not isolate or stigmatize homeless children and 

youth. 

‘‘(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 has removed the policies and practices that have created barriers to 

the identification, enrollment, attendance, retention, and success in school of all homeless children and youth. 

‘‘(c) AWARDS.— 

‘‘(1) IN GENERAL.—The State educational agency shall, in accordance with the requirements of this subtitle and from 

amounts made available to it under section 722(a), make subgrants on a competitive basis to local educational agencies that 

submit applications under subsection (b). Such subgrants shall 

be awarded on the basis of the need of such agencies under 

this subtitle and the quality of the applications submitted. 

‘‘(2) NEED.— 

‘‘(A) IN GENERAL.—In determining need under paragraph 

(1), the State educational agency may consider the number 

of homeless children and youth enrolled in preschool, elementary schools, and secondary schools within the area 

served by the local educational agency, and shall consider 

the needs of such children and youth and the ability of the 

local educational agency to meet such needs. 

‘‘(B) OTHER CONSIDERATIONS.—The State educational 

agency may also consider the following: 

‘‘(i) The extent to which the proposed use of funds 

will facilitate the identification, enrollment, retention, 

and educational success of homeless children and 

youth. 

‘‘(ii) The extent to which the application reflects coordination with other local and State agencies that 

serve homeless children and youth. 

‘‘(ii) The extent to which the application reflects coordination with other local and State agencies that 

serve homeless children and youth. 

‘‘(iii) The extent to which the applicant exhibits in 

the application and in current practice (as of the date 

of submission of the application) a commitment to education for all homeless children and youth. 

‘‘(iv) Such other criteria as the State agency determines to be appropriate. 

‘‘(3) QUALITY.—In determining the quality of applications 

under paragraph (1), the State educational agency shall consider the following: 

‘‘(A) The applicant’s needs assessment under subsection 

(b)(1) and the likelihood that the program presented in the 

application will meet such needs. 

‘‘(B) The types, intensity, and coordination of the services to be provided under the program. 


tjames on DSK6SPTVN1PROD with REPORTS
302 

‘‘(C) The extent to which the applicant will promote 

meaningful involvement of parents or guardians of homeless children or youth in the education of their children. 

‘‘(D) The extent to which homeless children and youths 

will be integrated into the regular education program involved. 

‘‘(E) The quality of the applicant’s evaluation plan for 

the program. 

‘‘(F) The extent to which services provided under this 

subtitle will be coordinated with other services available to 

homeless children and youth and their families, including 

housing and social services and services provided under 

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

1400 et seq.), title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), and similar 

State and local programs. 

‘‘(G) The extent to which the local educational agency 

will use the subgrant to leverage resources, including by 

maximizing funding for the position of the liaison described in section 722(g)(1)(J)(ii) and the provision of 

transportation. 

‘‘(H) The local educational agency’s use of funds to serve 

homeless children and youth under section 1113(c)(3) of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6313(c)(3)). 

‘‘(I) The extent to which the applicant’s program meets 

such other measures as the State educational agency considers to be indicative of a high-quality program, including 

the extent to which the local educational agency will provide services to unaccompanied youth and preschool-aged 

children. 

‘‘(J) The extent to which the application describes how 

the applicant will meet the requirements of section 

722(g)(4). 

‘‘(d) AUTHORIZED ACTIVITIES.—A local educational agency may 

use funds awarded under this section for activities that carry out 

the purpose of this subtitle, including the following: 

‘‘(1) The provision of tutoring, supplemental instruction, and 

enriched educational services that are linked to the achievement of the same college and career ready State academic content standards and college and career ready State student academic achievement standards the State establishes for other 

children and youths. 

‘‘(2) The provision of expedited evaluations of the strengths, 

needs, and eligibility of homeless children and youth, including 

needs and eligibility for programs and services (including educational programs for gifted and talented students, children 

with disabilities, and students with limited English proficiency, 

charter school programs, magnet school programs, programs in 

career and technical education, and school nutrition programs). 

‘‘(3) Professional development and other activities for educators and specialized instructional support personnel that are 

designed to heighten the understanding and sensitivity of such 

educators and personnel to the needs of homeless children and 

youth, the rights of such children and youth under this subVerDate Mar 15 2010 06:06 Jul 18, 2013 Jkt 081951 PO 00000 Frm 00306 Fmt 6659 Sfmt 6602 E:\HR\OC\HR158.XXX HR158

tjames on DSK6SPTVN1PROD with REPORTS
303 

title, and the specific educational needs of runaway and homeless youth. 

‘‘(4) The provision of referral services to homeless children 

and youths for medical, dental, mental, and other health services. 

‘‘(5) The provision of assistance to defray the excess cost of 

transportation under paragraphs (1)(J)(iii) and (5)(A) of section 

722(g) not otherwise provided through Federal, State, or local 

funding. 

‘‘(6) The provision of developmentally appropriate early childhood education programs, not otherwise provided through Federal, State, or local funding. 

‘‘(7) The provision of services and assistance to attract, engage, and retain homeless children and youth, particularly 

homeless children and youth who are not enrolled in school, in 

public school programs and services provided to nonhomeless 

children and youths. 

‘‘(8) The provision for homeless children and youths of 

before- and after-school, mentoring, and summer programs in 

which a teacher or other qualified individual provides tutoring, 

homework assistance, and supervision of educational activities. 

‘‘(9) If necessary, the payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to facilitate the appropriate placement of homeless children and youths in school, including birth certificates, immunization or medical records, academic records, guardianship 

records, and evaluations for special programs or services. 

‘‘(10) The provision of education and training to the parents 

of homeless children and youths about the rights of, and resources available to, such children and youth, and other activities designed to increase the meaningful involvement of families of homeless children or youth in the education of their children. 

‘‘(11) The development of coordination of activities between 

schools and agencies providing services to homeless children 

and youths, as described in section 722(g)(6). 

‘‘(12) The provision of pupil services (including counseling) 

and referrals for such services. 

‘‘(13) Activities to address the particular needs of homeless 

children and youth that may arise from domestic violence and 

parental mental health or substance abuse problems. 

‘‘(14) The adaptation of space and purchase of supplies for 

any nonschool facilities made available under subsection (a)(2) 

to provide services under this subsection. 

‘‘(15) The provision of school supplies, including those supplies to be distributed at shelters or temporary housing facilities, or other appropriate locations. 

‘‘(16) The provision of assistance to defray the cost of the position of liaison designated pursuant to section 722(g)(1)(J)(ii), 

not otherwise provided through Federal, State, or local funding. 

‘‘(17) The provision of other extraordinary or emergency assistance needed to enable homeless children and youth to enroll, attend, and succeed in school, including in early childhood 

education programs. 


tjames on DSK6SPTVN1PROD with REPORTS
304 

‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES. 

‘‘(a) REVIEW OF STATE PLANS.—In reviewing the State plan submitted by a State educational agency under section 722(g), the Secretary shall use a peer review process and shall evaluate whether 

State laws, policies, and practices described in such plan adequately address the problems of all homeless children and youth 

relating to access to education and placement as described in such 

plan. 

‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall— 

‘‘(1) provide support and technical assistance to a State educational agencies to assist such agencies in carrying out their 

responsibilities under this subtitle; and 

‘‘(2) establish or designate a Federal Office of the Coordinator for Education of Homeless Children and Youths that has 

sufficient capacity, resources, and support to carry out the responsibilities described in this subtitle. 

‘‘(c) NOTICE.— 

‘‘(1) IN GENERAL.—The Secretary shall, before the next school 

year that begins after the date of enactment of the Student 

Success Act, develop and disseminate a public notice of the 

educational rights of homeless children and youth. The notice 

shall include information regarding the definition of homeless 

children and youth in section 726. 

‘‘(2) DISSEMINATION.—The Secretary shall disseminate the 

notice nationally. The Secretary also shall disseminate such 

notice to heads of other Department of Education offices, including those responsible for special education programs, higher education, and programs under parts A, B, C, D, G, and H 

of title I, title III, title IV, and part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et 

seq., 6361 et seq., 6391 et seq., 6421 et seq., 6531 et seq., 6551 

et seq., 6801 et seq., 7102 et seq., and 7221 et seq.). The Secretary shall also disseminate such notice to heads of other Federal agencies, and grant recipients and other entities carrying 

out federally funded programs, including Head Start programs, 

grant recipients under the Health Care for the Homeless program of the Health Resources and Services Administration of 

the Department of Health and Human Services, grant recipients under the Emergency Food and Shelter National Board 

Program of the Federal Emergency Management Agency, grant 

recipients under the Runaway and Homeless Youth Act (42 

U.S.C. 5701 et seq.), grant recipients under the John H. Chafee 

Foster Care Independence program, grant recipients under 

homeless assistance programs administered by the Department 

of Housing and Urban Development, and recipients of Federal 

funding for programs carried out by the Administration on 

Children, Youth and Families of the Department of Health and 

Human Services. 

‘‘(d) EVALUATION AND DISSEMINATION.—The Secretary shall conduct evaluation, dissemination, and technical assistance activities 

of programs designed to meet the educational needs of homeless 

preschool, elementary school, and secondary school students, and 

may use funds appropriated under section 727 to conduct such activities. 


tjames on DSK6SPTVN1PROD with REPORTS
305 

‘‘(e) SUBMISSION AND DISTRIBUTION.—The Secretary shall require 

applications for grants under section 722 to be submitted to the 

Secretary not later than the expiration of the 120-day period beginning on the date that funds are available for purposes of making 

such grants and shall make such grants not later than the expiration of the 180-day period beginning on such date. 

‘‘(f) DETERMINATION BY SECRETARY.—The Secretary, based on the 

information received from the States and information gathered by 

the Secretary under subsection (h), shall determine the extent to 

which State educational agencies are ensuring that each homeless 

child and homeless youth has access to a free appropriate public 

education, as described in section 721(1). The Secretary shall provide support and technical assistance to State educational agencies 

in areas in which barriers to a free appropriate public education 

persist. 

‘‘(g) PUBLICATION.—The Secretary shall develop, issue, and publish in the Federal Register, not later than 90 days after the date 

of enactment of the Student Success Act, a summary of the changes 

enacted by that Act and related strategies, which summary shall 

include— 

‘‘(1) strategies by which a State can assist local educational 

agencies to implement the provisions amended by the Act; 

‘‘(2) strategies by which a State can review and revise State 

policies and procedures that may present barriers to the identification, enrollment, attendance, and success of homeless children and youth in school; and 

‘‘(3) strategies by which entities carrying out preschool programs can implement requirements of section 722(g)(3). 

‘‘(h) INFORMATION.— 

‘‘(1) IN GENERAL.—From funds appropriated under section 

727, the Secretary shall, directly or through grants, contracts, 

or cooperative agreements, periodically, but not less frequently 

than every two years, collect and disseminate publicly data and 

information regarding— 

‘‘(A) the number and location of homeless children and 

youth; 

‘‘(B) the education and related support services such 

children and youth receive; 

‘‘(C) the extent to which the needs of homeless children 

and youth are being met; 

‘‘(D) the academic progress being made by homeless children and youth, including the percent or number of homeless children and youth participating in State assessments; 

and 

‘‘(E) such other data and information as the Secretary 

determines to be necessary and relevant to carry out this 

subtitle. 

‘‘(2) COORDINATION.—The Secretary shall coordinate such collection and dissemination with other agencies and entities that 

receive assistance and administer programs under this subtitle. 

‘‘(i) REPORT.—Not later than 4 years after the date of enactment 

of the Student Success Act, the Secretary shall prepare and submit 

to the President and the Committee on Education and the Workforce of the House of Representatives and the Committee on 


tjames on DSK6SPTVN1PROD with REPORTS
306 

Health, Education, Labor, and Pensions of the Senate a report on 

the status of education of homeless children and youths, which 

shall include information on— 

‘‘(1) the education of homeless children and youth; and 

‘‘(2) the actions of the Secretary and the effectiveness of the 

programs supported under this subtitle. 

‘‘SEC. 725. RULE OF CONSTRUCTION. 

‘‘Nothing in this subtitle shall be construed to diminish the 

rights of parents or guardians of homeless children or youth, or unaccompanied youth, otherwise provided under State law, policy, or 

practice, including laws or policies that authorize the best interest 

determination in section 722(g)(3) to be made solely by the parent, 

guardian, or youth involved. 

‘‘SEC. 726. DEFINITIONS. 

‘‘In this subtitle: 

‘‘(1) ENROLL; ENROLLMENT.—The terms ‘enroll’ and ‘enrollment’ include attending classes and participating fully in 

school activities. 

‘‘(2) HOMELESS CHILDREN AND YOUTH.—The term ‘homeless 

children and youth’— 

‘‘(A) means individuals who lack a fixed, regular, and 

adequate nighttime residence (within the meaning of section 103(a)(1)); and 

‘‘(B) includes— 

‘‘(i) children and youth who— 

‘‘(I) are sharing the housing of other persons 

due to loss of housing, economic hardship, or a 

similar reason; 

‘‘(II) are living in motels, hotels, trailer parks, or 

camping grounds due to the lack of alternative 

adequate accommodations; 

‘‘(III) are living in emergency or transitional 

shelters; 

‘‘(IV) are awaiting foster care placement; and 

‘‘(V) are abandoned in hospitals; 

‘‘(ii) children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of 

section 103(a)(2)(C)); 

‘‘(iii) children and youth who are living in cars, 

parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and 

‘‘(iv) migratory children (as such term is defined in 

section 1312 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the 

purposes of this subtitle because the children are living in circumstances described in clauses (i) through 

(iii). 

‘‘(3) LOCAL EDUCATIONAL AGENCY; STATE EDUCATIONAL AGENCY.—The terms ‘local educational agency’ and ‘State educational agency’ have the meanings given such terms in section 


tjames on DSK6SPTVN1PROD with REPORTS
307 

9101 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7801). 

‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary 

of Education. 

‘‘(5) STATE.—The term ‘State’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

‘‘(6) UNACCOMPANIED YOUTH.—The term ‘unaccompanied 

youth’ means a homeless child or youth not in the physical custody of a parent or legal guardian. 

‘‘SEC. 727. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—For the purpose of carrying out this subtitle, 

other than section 725, there are authorized to be appropriated to 

the Secretary $100,000,000 for fiscal year 2014 and such sums as 

may be necessary for each of fiscal years 2015 through 2020. 

‘‘(b) EMERGENCY DISASTER GRANTS.—In addition to sums authorized under subsection (a), there are authorized to be appropriated 

to the Secretary to carry out subsection (h) such additional sums 

as may be necessary.’’. 

Æ 


tjames on DSK6SPTVN1PROD with REPORTS