II 

112TH CONGRESS 

1ST SESSION S. 1571 

To amend title I of the Elementary and Secondary Education Act of 1965, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2011 

Mr. ISAKSON (for himself, Mr. ALEXANDER, Mr. KIRK, Mr. RUBIO, Mr. ROBERTS, and Mr. WICKER) introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

A BILL 

To amend title I of the Elementary and Secondary Education 

Act of 1965, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Elementary and Sec5 ondary Education Amendments Act of 2011’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Statement of purpose. 

Sec. 5. Authorization of appropriations. 

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Sec. 6. School improvement and State administration. 

TITLE I—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL 

EDUCATIONAL AGENCIES 

Sec. 101. Basic program requirements. 

TITLE II—ACADEMIC ASSESSMENTS 

Sec. 201. Academic assessments. 

TITLE III—NATIONAL ASSESSMENT OF TITLE I 

Sec. 301. Evaluations. 

Sec. 302. Demonstrations of innovative practices. 

TITLE IV—GENERAL PROVISIONS 

Sec. 401. General provisions. 

TITLE V—TRANSFERABILITY OF FUNDS 

Sec. 501. Transferability of funds. 

TITLE VI—NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS 

Sec. 601. Authorizations of appropriations. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of the Elementary and Sec7 ondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 

8 SEC. 4. STATEMENT OF PURPOSE. 

9 Section 1001 (20 U.S.C. 6301) is amended to read 

10 as follows: 

11 ‘‘SEC. 1001. STATEMENT OF PURPOSE. 

12 ‘‘The purpose of this title is to ensure that all chil13 dren have a fair, equal, and significant opportunity to re14 ceive a high-quality education that prepares them for colmstockstill on DSK4VPTVN1PROD with BILLS

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1 lege and a career, without the need for academic remedi2 ation, and to close the achievement gap between high- and 

3 low-performing children, especially the achievement gaps 

4 between minority and nonminority students, and between 

5 disadvantaged children and their more advantaged 

6 peers.’’. 

7 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

8 Section 1002 (20 U.S.C. 6302) is amended to read 

9 as follows: 

10 ‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For 

12 the purpose of carrying out part A, there are authorized 

13 to be appropriated $14,463,416,198 for each of fiscal 

14 years 2012 through 2016. 

15 ‘‘(b) SCHOOL TURNAROUND AND PUBLIC SCHOOL

16 CHOICE.—For the purpose of carrying out section 

17 1114(c), there are authorized to be appropriated 

18 $534,561,734 for each of fiscal years 2012 through 2016. 

19 ‘‘(c) STATE ASSESSMENTS.—For the purpose of car20 rying out part B, there are authorized to be appropriated 

21 $389,950,536 for each of fiscal years 2012 through 2016. 

22 ‘‘(d) EDUCATION OF MIGRATORY CHILDREN.—For 

23 the purpose of carrying out part C, there are authorized 

24 to be appropriated $393,981,458 for each of fiscal years 

25 2012 through 2016. 

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1 ‘‘(e) PREVENTION AND INTERVENTION PROGRAMS

2 FOR YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT

3 RISK.—For the purpose of carrying out part D, there are 

4 authorized to be appropriated $50,326,146 for each of fis5 cal years 2012 through 2016. 

6 ‘‘(f) FEDERAL ACTIVITIES.—For the purpose of car7 rying out section 1501, there are authorized to be appro8 priated such sums as may be necessary for each of fiscal 

9 years 2012 through 2016.’’. 

10 SEC. 6. SCHOOL IMPROVEMENT AND STATE ADMINISTRA11 TION. 

12 The Act (20 U.S.C. 6301 et seq.) is amended— 

13 (1) by striking section 1003; and 

14 (2) by redesignating section 1004 as section 

15 1003. 

16 TITLE I—IMPROVING BASIC PRO17 GRAMS OPERATED BY LOCAL 

18 EDUCATIONAL AGENCIES 

19 SEC. 101. BASIC PROGRAM REQUIREMENTS. 

20 Subpart 1 of part A of title I (20 U.S.C. 6311 et 

21 seq.) is amended— 

22 (1) by striking sections 1111 through 1117 and 

23 inserting the following: 

24 ‘‘SEC. 1111. STATE PLANS. 

25 ‘‘(a) PLANS REQUIRED.— 

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1 ‘‘(1) IN GENERAL.—For any State desiring to 

2 receive a grant under this part, the State edu3 cational agency shall submit to the Secretary a plan, 

4 developed by the State educational agency in con5 sultation with local educational agencies, teachers, 

6 principals, pupil services personnel, administrators, 

7 other staff, and parents, that satisfies the require8 ments of this section. 

9 ‘‘(2) CONSOLIDATED PLAN.—A State plan sub10 mitted under paragraph (1) may be submitted as 

11 part of a consolidated plan under section 9302. 

12 ‘‘(3) PEER REVIEW AND SECRETARIAL AP13 PROVAL.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall— 

15 ‘‘(i) establish a peer-review process to 

16 assist in the review of State plans; 

17 ‘‘(ii) establish multidisciplinary peer 

18 review teams and appoint their members, 

19 including persons with State educational 

20 agency, local educational agency, and 

21 broader education reform experience, and 

22 those who are familiar with academic 

23 standards, assessments, accountability, the 

24 needs of low-performing schools, and other 

25 educational needs of students; and 

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1 ‘‘(iii) approve a State plan within 45 

2 days of its submission unless the Secretary 

3 demonstrates that the plan does not meet 

4 the requirements of this section. 

5 ‘‘(B) PURPOSE OF PEER REVIEW.—The 

6 peer review process shall be designed to— 

7 ‘‘(i) promote effective implementation 

8 of college and career ready standards 

9 through State and local innovation; and 

10 ‘‘(ii) provide transparent feedback to 

11 States designed to strengthen the State’s 

12 plans. 

13 ‘‘(C) STANDARD AND NATURE OF RE14 VIEW.—Peer reviewers shall conduct a good 

15 faith review of State plans in their totality and 

16 in deference to State and local judgments, with 

17 the goal of promoting State- and local-led inno18 vation. 

19 ‘‘(4) STATE PLAN DETERMINATION, DEM20 ONSTRATION, AND REVISION.—If the Secretary de21 termines that the State plan does not meet the re22 quirements of this subsection or subsection (b) or 

23 (c), the Secretary shall, prior to declining to approve 

24 a State plan— 

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1 ‘‘(A) immediately notify the State of such 

2 determination; 

3 ‘‘(B) provide a detailed description of the 

4 specific requirements of this subsection or sub5 section (b) or (c) of the State plan that the Sec6 retary determines fails to meet such require7 ments; 

8 ‘‘(C) offer the State an opportunity to re9 vise and resubmit its plan within 60 days of 

10 such determination; 

11 ‘‘(D) provide technical assistance, upon re12 quest of the State, in order to assist the State 

13 to meet the requirements of this subsection or 

14 subsection (b) or (c); and 

15 ‘‘(E) conduct a public hearing within 30 

16 days of such resubmission, with public notice 

17 provided not less than 15 days before such 

18 hearing. 

19 ‘‘(5) STATE PLAN DISAPPROVAL.—The Sec20 retary shall have the authority to disapprove a State 

21 plan if the State has been notified and offered an 

22 opportunity to revise and submit with technical as23 sistance under paragraph (4), and— 

24 ‘‘(A) the State does not revise and resub25 mit its plan; or 

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1 ‘‘(B) the State revises and resubmits a 

2 plan that the Secretary determines does not 

3 meet the requirements of this part after a hear4 ing conducted under paragraph (4)(E). 

5 ‘‘(6) LIMITATIONS.—The Secretary shall not 

6 have the authority to require a State, as a condition 

7 of approval of the State plan, to— 

8 ‘‘(A) include in, or delete from, such plan 

9 1 or more specific elements of the State’s aca10 demic content standards or academic achieve11 ment standards; 

12 ‘‘(B) use specific academic assessment in13 struments or items; or 

14 ‘‘(C) include in, or delete from, such a plan 

15 any criterion that specifies, defines, or pre16 scribes the standards or measures that State or 

17 local educational agencies use to establish, im18 plement, or improve— 

19 ‘‘(i) State standards; 

20 ‘‘(ii) assessments; 

21 ‘‘(iii) State accountability systems; 

22 ‘‘(iv) systems that measure student 

23 growth; 

24 ‘‘(v) measures of other academic indi25 cators; or 

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1 ‘‘(vi) teacher and principal evaluation 

2 systems. 

3 ‘‘(7) PUBLIC REVIEW.—All written communica4 tions, feedback, and notifications under this sub5 section shall be conducted in a manner that is trans6 parent and immediately made available to the public 

7 through the Department website, including— 

8 ‘‘(A) plans submitted or resubmitted by a 

9 State; 

10 ‘‘(B) peer review comments; 

11 ‘‘(C) State plan determinations by the Sec12 retary, including approvals or disapprovals; and 

13 ‘‘(D) public hearings under this section. 

14 ‘‘(8) DURATION OF THE PLAN.— 

15 ‘‘(A) IN GENERAL.—Each State plan 

16 shall— 

17 ‘‘(i) remain in effect for the duration 

18 of the State’s participation under this part; 

19 and 

20 ‘‘(ii) be periodically reviewed and re21 vised as necessary by the State educational 

22 agency to reflect changes in the State’s 

23 strategies and programs under this part. 

24 ‘‘(B) ADDITIONAL INFORMATION.—A State 

25 shall notify the Secretary if a State makes sigmstockstill on DSK4VPTVN1PROD with BILLS

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1 nificant changes to its plan, such as the adop2 tion of new State academic content standards, 

3 State academic achievement standards, new 

4 academic assessments, or changes to its ac5 countability system under subsection (b)(3). 

6 ‘‘(9) FAILURE TO MEET REQUIREMENTS.—If a 

7 State fails to meet any of the requirements of this 

8 section, then the Secretary may withhold funds for 

9 State administration under this part until the Sec10 retary determines that the State has fulfilled those 

11 requirements. 

12 ‘‘(b) ACADEMIC STANDARDS, ACADEMIC ASSESS13 MENTS, AND STATE ACCOUNTABILITY SYSTEMS.— 

14 ‘‘(1) COLLEGE AND CAREER READY ACADEMIC

15 STANDARDS.— 

16 ‘‘(A) IN GENERAL.—Each State shall pro17 vide an assurance that the State has adopted 

18 college and career ready academic content 

19 standards and student academic achievement 

20 standards that will be used by the State, its 

21 local educational agencies, and its schools to 

22 carry out this part. 

23 ‘‘(B) SAME STANDARDS.—The standards 

24 required by subparagraph (A) shall be the same 

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1 standards that the State applies to all public 

2 schools and public school children in the State. 

3 ‘‘(C) SUBJECTS.—The State shall have 

4 such standards in mathematics, reading or lan5 guage arts, and science, and any other subjects 

6 as determined by the State, which shall include 

7 the same knowledge, skills, and levels of 

8 achievement expected of all children in the 

9 State. 

10 ‘‘(D) ALIGNMENT.—Each State shall pro11 vide an assurance to the Secretary that the 

12 State’s college and career ready standards for 

13 academic content and student academic achieve14 ment are aligned with— 

15 ‘‘(i) entrance requirements, without 

16 the need for academic remediation, for an 

17 institution of higher education in the 

18 State; and 

19 ‘‘(ii) State performance measures 

20 identified in the State plan under section 

21 113(b) of the Carl D. Perkins Career and 

22 Technical Education Act of 2006. 

23 ‘‘(E) ALTERNATE ACADEMIC ACHIEVE24 MENT STANDARDS.—Notwithstanding any other 

25 provision of this paragraph, a State may, 

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1 through a documented and validated standards2 setting process, adopt alternate academic 

3 achievement standards for students with the 

4 most significant cognitive disabilities who take 

5 an alternate assessment, provided those stand6 ards— 

7 ‘‘(i) are aligned with the State’s col8 lege and career ready academic content 

9 standards under subparagraph (A); 

10 ‘‘(ii) promote access to the general 

11 curriculum; and 

12 ‘‘(iii) reflect professional judgment of 

13 the highest achievement standards attain14 able by those students. 

15 ‘‘(F) MODIFIED ACADEMIC ACHIEVEMENT

16 STANDARDS.—Notwithstanding any other provi17 sion of this paragraph, a State may, through a 

18 documented and validated standards-setting 

19 process, adopt modified academic achievement 

20 standards for students who have disabilities 

21 that preclude them from meeting State student 

22 achievement standards within the academic year 

23 covered by a student’s individualized education 

24 program under section 614(d) of the Individmstockstill on DSK4VPTVN1PROD with BILLS

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1 uals with Disabilities Education Act, provided 

2 those standards— 

3 ‘‘(i) are aligned with the State’s col4 lege and career ready academic content 

5 standards under subparagraph (A) for the 

6 grade in which the student is enrolled; and 

7 ‘‘(ii) are challenging for such eligible 

8 students, but may be less difficult than the 

9 grade-level academic achievement stand10 ards under this section. 

11 ‘‘(G) ENGLISH LANGUAGE PROFICIENCY

12 STANDARDS.—Each State plan shall provide an 

13 assurance that the State has adopted English 

14 language proficiency standards that are aligned 

15 with the State’s academic content standards 

16 under subparagraph (A). Such standards 

17 shall— 

18 ‘‘(i) ensure proficiency in each of the 

19 domains of speaking, listening, reading, 

20 and writing; 

21 ‘‘(ii) address the different proficiency 

22 levels of English language learners; and 

23 ‘‘(iii) be aligned with the State’s aca24 demic content standards in reading or lan25 guage arts so that achieving proficiency 

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1 against the State’s English language pro2 ficiency standards indicates a sufficient 

3 knowledge of English to measure validly 

4 and reliably the student’s achievement on 

5 the State’s reading or language arts stand6 ards. 

7 ‘‘(H) PROHIBITION.—A State shall not be 

8 required to submit any standards developed 

9 under this subsection for academic content or 

10 student academic achievement to the Secretary 

11 for review or approval. 

12 ‘‘(I) EXISTING STANDARDS.—Nothing in 

13 this part shall prohibit a State from revising, 

14 consistent with this section, any standard 

15 adopted under this part before or after the date 

16 of enactment of the Elementary and Secondary 

17 Education Amendments Act of 2011. 

18 ‘‘(2) ACADEMIC ASSESSMENTS.— 

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

20 provide an assurance that the State educational 

21 agency, in consultation with local educational 

22 agencies, has implemented a set of high-quality, 

23 yearly student academic assessments that in24 clude, at a minimum, academic assessments in 

25 mathematics and reading or language arts that 

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1 will be used as the primary means of deter2 mining the yearly performance of each school in 

3 the State in enabling all children to meet the 

4 State’s challenging student academic achieve5 ment standards. 

6 ‘‘(B) REQUIREMENTS.—Each State plan 

7 shall provide an assurance that such assess8 ments— 

9 ‘‘(i) are the same academic assess10 ments used to measure the achievement of 

11 all students; 

12 ‘‘(ii) are aligned with the State’s aca13 demic content and student academic 

14 achievement standards, and provide coher15 ent information about student attainment 

16 of such standards; 

17 ‘‘(iii) are used for purposes for which 

18 such assessments are valid and reliable, be 

19 of adequate technical quality for each pur20 pose required under this Act, and be con21 sistent with relevant, nationally recognized 

22 professional and technical standards; 

23 ‘‘(iv)(I) measure the annual academic 

24 achievement of all students against the 

25 State’s academic achievement standards in 

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1 mathematics and reading or language arts, 

2 and be administered— 

3 ‘‘(aa) in each of grades 3 

4 through 8; and 

5 ‘‘(bb) at least once in grades 9 

6 through 12; and 

7 ‘‘(II) measure the academic achieve8 ment of all students against the State’s 

9 academic achievement standards in science, 

10 and be administered not less than one 

11 time, during— 

12 ‘‘(aa) grades 3 through 5; 

13 ‘‘(bb) grades 6 through 8; and 

14 ‘‘(cc) grades 9 through 12; 

15 ‘‘(v) involve multiple up-to-date meas16 ures of student academic achievement, in17 cluding measures that assess higher-order 

18 thinking skills and understanding and 

19 measure growth in student academic 

20 achievement; 

21 ‘‘(vi) provide for— 

22 ‘‘(I) the participation in such as23 sessments of all students; 

24 ‘‘(II) the reasonable adaptations 

25 and accommodations for children with 

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1 disabilities (as defined in section 

2 602(3) of the Individuals with Dis3 abilities Education Act) necessary to 

4 measure the academic achievement of 

5 such children relative to State aca6 demic content and student academic 

7 achievement standards; and 

8 ‘‘(III) alternate assessments 

9 aligned with grade-level academic con10 tent and academic achievement stand11 ards, unless the State develops alter12 nate assessments aligned with— 

13 ‘‘(aa) alternate academic 

14 achievement standards, con15 sistent with subparagraph (C), 

16 for students with the most sig17 nificant cognitive disabilities; or 

18 ‘‘(bb) modified academic 

19 achievement standards consistent 

20 with subparagraph (C); and 

21 ‘‘(IV) the inclusion of English 

22 language learners, who shall be as23 sessed in a valid and reliable manner 

24 and provided reasonable accommoda25 tions on assessments administered to 

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1 such students under this paragraph, 

2 including, to the extent practicable, 

3 assessments in the language and form 

4 most likely to yield accurate data on 

5 what such students know and can do 

6 in academic content areas, until such 

7 students have achieved English lan8 guage proficiency, as determined 

9 under paragraph (1)(G); 

10 ‘‘(vii) produce individual student in11 terpretive, descriptive, and diagnostic re12 ports, consistent with clause (iii), that 

13 allow parents, teachers, and principals to 

14 understand and address the specific aca15 demic needs of students, and include infor16 mation regarding achievement on academic 

17 assessments, and that are provided to par18 ents, teachers, and principals in a timely 

19 manner after the assessment is given, in 

20 an understandable and uniform format; 

21 and 

22 ‘‘(viii) enable results to be 

23 disaggregated within each State, local edu24 cational agency, and school, by— 

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1 ‘‘(I) each major racial and ethnic 

2 group; 

3 ‘‘(II) economically disadvantaged 

4 students as compared to students who 

5 are not economically disadvantaged; 

6 ‘‘(III) students with disabilities 

7 as compared to nondisabled students; 

8 ‘‘(IV) English proficiency status; 

9 ‘‘(V) gender; and 

10 ‘‘(VI) migrant status. 

11 ‘‘(C) STUDENTS WITH DISABILITIES.— 

12 ‘‘(i) ALTERNATE STANDARDS.—A 

13 State may provide for alternate assess14 ments aligned with alternate academic 

15 achievement standards for students with 

16 the most significant cognitive disabilities, if 

17 the State— 

18 ‘‘(I) establishes and monitors im19 plementation of clear and appropriate 

20 guidelines for individualized education 

21 program teams (as defined in section 

22 614(d)(1)(B) of the Individuals with 

23 Disabilities Education Act) (referred 

24 to in this section as ‘IEP Teams’) to 

25 apply in determining when a child’s 

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1 significant cognitive disability justifies 

2 assessment based on alternate aca3 demic achievement standards; 

4 ‘‘(II) ensures that the parents of 

5 those students are informed that their 

6 child’s academic achievement will be 

7 based on alternate academic achieve8 ment standards; 

9 ‘‘(III) documents that students 

10 with the most significant cognitive 

11 disabilities are, to the extent prac12 ticable, included in the general cur13 riculum, and in assessments aligned 

14 with that curriculum; 

15 ‘‘(IV) develops, disseminates in16 formation on, and promotes the use of 

17 appropriate accommodations to in18 crease the number of students with 

19 disabilities who are tested against aca20 demic achievement standards for the 

21 grade in which a student is enrolled; 

22 and 

23 ‘‘(V) ensures that regular and 

24 special education teachers and other 

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1 ister assessments, including making 

2 appropriate use of accommodations, 

3 for students with disabilities. 

4 ‘‘(ii) MODIFIED STANDARDS.—A State 

5 may assess students with disabilities based 

6 on modified academic achievement stand7 ards, if the State— 

8 ‘‘(I) establishes and ensures im9 plementation of clear and appropriate 

10 guidelines for IEP Teams to apply in 

11 determining which students with dis12 abilities are eligible to be assessed 

13 based on modified academic achieve14 ment standards, which criteria, at a 

15 minimum, shall include— 

16 ‘‘(aa) whether the student’s 

17 disability has precluded the stu18 dent from achieving grade-level 

19 proficiency, as demonstrated by 

20 objective evidence, such as the 

21 student’s performance on the 

22 State’s regular assessments or on 

23 other assessments that can val24 idly demonstrate academic 

25 achievement; and 

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1 ‘‘(bb) whether the student’s 

2 progress in response to appro3 priate instruction, including spe4 cial education and related serv5 ices designed to address the stu6 dent’s individual needs, is such 

7 that, even if significant growth 

8 occurs, the IEP Team is reason9 ably certain that the student will 

10 not achieve to grade-level within 

11 the year covered by the IEP, 

12 which progress shall be based on 

13 multiple measurements, over a 

14 period of time, that are valid for 

15 the subjects being assessed; 

16 ‘‘(II) ensures that, if a student’s 

17 IEP includes goals for a subject as18 sessed based on modified academic 

19 achievement standards, those goals 

20 are based on academic content stand21 ards for the grade in which the stu22 dent is enrolled; 

23 ‘‘(III) ensures that parents of 

24 students with disabilities who are as25 sessed against modified academic 

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1 achievement standards are informed 

2 that their child’s achievement will be 

3 measured based on modified academic 

4 achievement standards; 

5 ‘‘(IV) ensures that the alternate 

6 assessment yields results that measure 

7 the achievement of those students sep8 arately in reading or language arts, 

9 mathematics, and science relative to 

10 the modified academic achievement 

11 standards; 

12 ‘‘(V) ensures that students who 

13 are assessed based on modified aca14 demic achievement standards have ac15 cess to the curriculum, including in16 struction, for the grade in which the 

17 students are enrolled; and 

18 ‘‘(VI) establishes and monitors 

19 implementation of clear and appro20 priate guidelines for IEP Teams to 

21 apply in developing and implementing 

22 IEPs for students who are assessed 

23 based on modified academic achieve24 ment standards. 

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1 ‘‘(D) LANGUAGE ASSESSMENTS.—Each 

2 State plan shall identify the languages other 

3 than English that are present to a significant 

4 extent in the participating student population 

5 and indicate the languages for which yearly stu6 dent academic assessments are not available 

7 and are needed, and such State shall make 

8 every effort to develop such assessments as are 

9 necessary. 

10 ‘‘(E) ASSESSMENTS OF ENGLISH LAN11 GUAGE PROFICIENCY.—Each State plan shall 

12 provide an assurance that local educational 

13 agencies in the State will provide for an annual 

14 assessment of English proficiency (measuring 

15 students’ speaking, listening, reading, and writ16 ing skills in English) of all English language 

17 learners in the schools served by the State edu18 cational agency, except that each local edu19 cational agency shall have discretion to exempt 

20 any student who has been assessed as proficient 

21 in listening, speaking, reading, or writing 

22 English from the corresponding portion of the 

23 assessment. 

24 ‘‘(F) DEFERRAL.—A State may defer the 

25 commencement, or suspend the administration, 

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1 but not cease the development, of the assess2 ments described in this paragraph, for 1 year 

3 for each year for which the amount appro4 priated for grants under part B is less than 

5 $389,950,536. 

6 ‘‘(G) CONSTRUCTION.—Nothing in this 

7 paragraph shall be construed to prescribe the 

8 use of the academic assessments described in 

9 this part for student promotion or graduation 

10 purposes. 

11 ‘‘(3) STATE ACCOUNTABILITY SYSTEM.— 

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

13 provide an assurance that the State has devel14 oped and is implementing a single, statewide 

15 State accountability system that will be based 

16 on the academic content standards and student 

17 academic achievement standards adopted by the 

18 State, and other academic indicators related to 

19 student achievement identified by the State, to 

20 ensure that all students graduate from high 

21 school college and career ready without the 

22 need for academic remediation and that takes 

23 into account the academic achievement of all 

24 public elementary school and secondary school 

25 students that, at a minimum— 

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1 ‘‘(i) measures annual academic 

2 achievement of all public elementary school 

3 and secondary school students in the State 

4 towards meeting the student academic 

5 achievement standards established by the 

6 State in mathematics and reading or lan7 guage arts, which may include measures of 

8 student growth to such standards; 

9 ‘‘(ii) ensures that any systems to 

10 measure student growth or other academic 

11 indicators related to student achievement 

12 are valid and reliable, and are consistent 

13 with relevant, nationally recognized profes14 sional and technical standards; 

15 ‘‘(iii) establishes a system of identi16 fying and differentiating among all public 

17 elementary schools and secondary schools 

18 in the State based on student academic 

19 achievement and any other factors deter20 mined appropriate by the State and also 

21 takes into account— 

22 ‘‘(I) achievement gaps between 

23 each category of students described in 

24 subclauses (I) through (IV) of para25 graph (2)(B)(viii); and 

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1 ‘‘(II) overall performance of all 

2 students and of each category of stu3 dents described in subclauses (I) 

4 through (IV) of paragraph 

5 (2)(B)(viii); 

6 ‘‘(iv) for public elementary schools 

7 and secondary schools participating under 

8 this part, identifies the lowest performing 

9 5 percent of such schools; 

10 ‘‘(v) provides assistance to local edu11 cational agencies to identify and implement 

12 appropriate school turnaround models for 

13 identified schools; 

14 ‘‘(vi) provides a clear and understand15 able explanation of the method of identi16 fying schools under clause (iv); 

17 ‘‘(vii) measures the annual progress of 

18 not less than 95 percent of each category 

19 of students described in subclauses (I) 

20 through (IV) of paragraph (2)(B)(viii) who 

21 are enrolled in the school and are required 

22 to take the assessments under paragraph 

23 (2); and 

24 ‘‘(viii) measures the high school grad25 uation rate for each category of students 

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1 described in subclauses (I) through (IV) of 

2 paragraph (2)(B)(viii). 

3 ‘‘(B) PROHIBITION ON REGULATION.— 

4 Nothing in this subsection shall be construed to 

5 permit the Secretary to establish any criterion 

6 that specifies, defines, or prescribes the stand7 ards or measures that State or local educational 

8 agencies use to establish, implement, or im9 prove— 

10 ‘‘(i) State standards; 

11 ‘‘(ii) assessments; 

12 ‘‘(iii) State accountability systems; 

13 ‘‘(iv) systems that measure student 

14 growth; 

15 ‘‘(v) measures of other academic indi16 cators; or 

17 ‘‘(vi) teacher and principal evaluation 

18 systems. 

19 ‘‘(c) PROVISIONS TO SUPPORT TEACHING AND

20 LEARNING.—Each State plan shall provide an assurance 

21 that— 

22 ‘‘(1) the State will notify local educational 

23 agencies, schools, teachers, parents, and the public 

24 of the academic content standards, student academic 

25 achievement standards, academic assessments, and 

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1 State accountability system, developed under this 

2 section; 

3 ‘‘(2) the State educational agency will assist 

4 each local educational agency and school affected by 

5 the State plan to meet the requirements of this part; 

6 and 

7 ‘‘(3) low-income and minority children, enrolled 

8 in schools assisted under this part, are served by ef9 fective teachers and principals and have access to a 

10 high-quality instructional program in the core aca11 demic subjects, and the State shall adopt measures 

12 to evaluate and publicly report the progress of the 

13 State educational agency with respect to such steps. 

14 ‘‘(d) OTHER ASSURANCES.—Each State plan shall 

15 contain an assurance that— 

16 ‘‘(1) the State will participate in biennial State 

17 academic assessments of 4th and 8th grade reading 

18 and mathematics under the National Assessment of 

19 Educational Progress carried out under section 

20 303(b)(3) of the National Assessment of Edu21 cational Progress Authorization Act if the Secretary 

22 pays the costs of administering such assessments; 

23 ‘‘(2) the State educational agency will modify or 

24 eliminate State fiscal and accounting barriers so 

25 that schools can easily consolidate funds from other 

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1 Federal, State, and local sources in order to improve 

2 educational opportunities and reduce unnecessary 

3 fiscal and accounting requirements; 

4 ‘‘(3) the State educational agency will support 

5 the collection and dissemination to local educational 

6 agencies and schools of effective parental involve7 ment practices; and 

8 ‘‘(4) the State educational agency will provide 

9 the least restrictive and burdensome regulations for 

10 local educational agencies and individual schools par11 ticipating in a program assisted under this part. 

12 ‘‘(e) REPORTS.— 

13 ‘‘(1) ANNUAL STATE REPORT CARD.— 

14 ‘‘(A) IN GENERAL.—A State that receives 

15 assistance under this part shall prepare and 

16 disseminate widely to the public an annual 

17 State report card. 

18 ‘‘(B) IMPLEMENTATION.—The State report 

19 card shall be— 

20 ‘‘(i) concise; and 

21 ‘‘(ii) presented in an understandable 

22 and uniform format. 

23 ‘‘(C) REQUIRED INFORMATION.—The 

24 State shall include in its annual State report 

25 card— 

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1 ‘‘(i) information, in the aggregate, on 

2 student achievement on the State academic 

3 assessments described in subsection (b)(2) 

4 (disaggregated by each category of stu5 dents described in subsection 

6 (b)(2)(B)(viii)); 

7 ‘‘(ii) the percentage of students tested 

8 (disaggregated by each category of stu9 dents described in subsection 

10 (b)(2)(B)(viii)); 

11 ‘‘(iii) information on any other indi12 cator used by the State to determine stu13 dent achievement under subsection (b)(3) 

14 (disaggregated by each category of stu15 dents described in subsection 

16 (b)(2)(B)(viii)); 

17 ‘‘(iv) graduation rates for secondary 

18 school students consistent with subsection 

19 (b)(3)(A)(viii); 

20 ‘‘(v) the professional qualifications of 

21 teachers in the State and the percentage of 

22 such teachers teaching with emergency or 

23 provisional credentials, in the aggregate 

24 and disaggregated by high-poverty com25 pared to low-poverty schools which, for the 

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1 purpose of this clause, means schools in 

2 the top quartile of poverty and the bottom 

3 quartile of poverty in the State; 

4 ‘‘(vi) information on the performance 

5 of local educational agencies and schools in 

6 the State, including the number and names 

7 of each school identified under section 

8 1114(a)(1)(B); and 

9 ‘‘(vii) for a State that implements a 

10 teacher and principal effectiveness evalua11 tion system consistent with title II, the 

12 evaluation results of teachers and prin13 cipals, except that such information shall 

14 not provide individually identifiable infor15 mation on individual teachers or principals. 

16 ‘‘(D) FINANCIAL INFORMATION.—The 

17 State shall include in its annual State report 

18 card the per-pupil expenditures of Federal, 

19 State, and local funds for each local educational 

20 agency in the State for the preceding fiscal 

21 year. 

22 ‘‘(E) OPTIONAL INFORMATION.—The State 

23 may include in its annual State report card 

24 such other information as the State believes will 

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1 bers of the public with information regarding 

2 the progress of each of the State’s public ele3 mentary schools and secondary schools. 

4 ‘‘(F) PRESENTATION OF DATA.—A State 

5 educational agency shall only include in its an6 nual report card data that are sufficient to yield 

7 statistically reliable information, as determined 

8 by the State, and that do not reveal personally 

9 identifiable information about an individual stu10 dent, teacher, or principal. 

11 ‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY

12 REPORT CARDS.— 

13 ‘‘(A) REPORT CARDS.—A local educational 

14 agency that receives assistance under this part 

15 shall prepare and disseminate, in accordance 

16 with subparagraph (F), an annual local edu17 cational agency report card. 

18 ‘‘(B) MINIMUM REQUIREMENTS.—The 

19 local educational agency shall include in its re20 port card the information described in para21 graph (1)(C) as applied to the local educational 

22 agency and each school served by the local edu23 cational agency, and— 

24 ‘‘(i) in the case of a local educational 

25 agency— 

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1 ‘‘(I) the number and percentage 

2 of schools identified under section 

3 1114(a)(1)(B) and how long the 

4 schools have been so identified; and 

5 ‘‘(II) information that shows how 

6 students served by the local edu7 cational agency achieved on the state8 wide academic assessment compared 

9 to students in the State as a whole; 

10 and 

11 ‘‘(ii) in the case of a school— 

12 ‘‘(I) whether the school has been 

13 identified under section 1114(a)(1)(B) 

14 and how long the school has been so 

15 identified; and 

16 ‘‘(II) information that shows how 

17 the school’s students’ achievement on 

18 the statewide academic assessments 

19 compared to students in the local edu20 cational agency and the State as a 

21 whole. 

22 ‘‘(C) FINANCIAL INFORMATION.—The local 

23 educational agency shall include in its annual 

24 local educational agency report card the per25 pupil expenditures of Federal, State, and local 

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1 funds for each school served by the agency for 

2 the preceding fiscal year. 

3 ‘‘(D) OTHER INFORMATION.—A local edu4 cational agency may include in its annual local 

5 educational agency report card any other appro6 priate information, whether or not such infor7 mation is included in the annual State report 

8 card. 

9 ‘‘(E) PRESENTATION OF DATA.—A local 

10 educational agency or school shall only include 

11 in its annual local educational agency report 

12 card data that are sufficient to yield statis13 tically reliable information, as determined by 

14 the State, and that do not reveal personally 

15 identifiable information about an individual stu16 dent. 

17 ‘‘(F) PUBLIC DISSEMINATION.— 

18 ‘‘(i) IN GENERAL.—Except as pro19 vided in clause (ii), a local educational 

20 agency shall— 

21 ‘‘(I) publicly disseminate the in22 formation described in this paragraph 

23 to all schools in the school district 

24 served by the local educational agency 

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1 ing such schools in an understandable 

2 and uniform format; and 

3 ‘‘(II) make the information wide4 ly available through public means, 

5 such as posting on the Internet, dis6 tribution to the media, and distribu7 tion through public agencies. 

8 ‘‘(ii) EXCEPTION.—If a local edu9 cational agency issues a report card for all 

10 students, the local educational agency may 

11 include the information described in this 

12 paragraph as part of such report. 

13 ‘‘(3) PREEXISTING REPORT CARDS.—A State 

14 educational agency or local educational agency that 

15 was providing public report cards on the perform16 ance of students, schools, local educational agencies, 

17 or the State prior to the date of enactment of the 

18 may use such report cards for the purpose of dis19 seminating information under this subsection if the 

20 report card is modified, as may be needed, to con21 tain the information required by this subsection. 

22 ‘‘(4) ANNUAL STATE REPORT TO THE SEC23 RETARY.—Each State educational agency receiving 

24 assistance under this part shall report annually to 

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1 the Secretary, and make widely available within the 

2 State— 

3 ‘‘(A) information on the achievement of 

4 students on the academic assessments required 

5 under subsection (b)(2), including the 

6 disaggregated results for each category of stu7 dents described in subsection (b)(2)(B)(viii); 

8 ‘‘(B) information on the acquisition of 

9 English proficiency by children who are English 

10 language learners; 

11 ‘‘(C) the number and names of the schools 

12 identified under section 1114(a)(1)(B), and the 

13 school turnaround strategy identified under sec14 tion 1114(c) taken to address the achievement 

15 problems of each such school; 

16 ‘‘(D) the number of students and schools 

17 that participated in public school choice under 

18 this title; 

19 ‘‘(E)(i) information on the quality and ef20 fectiveness of teachers; and 

21 ‘‘(ii) the percentage of classes being taught 

22 by teachers who are licensed or certified to 

23 teach in their field of study, for the State and 

24 for each local educational agency and public ele25 mentary or secondary school in the State; and 

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1 ‘‘(F) information on the results of the 

2 teacher and principal evaluation system, as ap3 plicable. 

4 ‘‘(5) REPORT TO CONGRESS.—The Secretary 

5 shall transmit annually to the Committee on Health, 

6 Education, Labor, and Pensions of the Senate and 

7 the Committee on Education and the Workforce of 

8 the House of Representatives a report that provides 

9 national and State level data on the information col10 lected under paragraph (4). Such report shall be 

11 submitted through electronic means only. 

12 ‘‘(6) SECRETARY’S REPORT CARD.— 

13 ‘‘(A) IN GENERAL.—Not later than July 1, 

14 2013, and annually thereafter, the Secretary 

15 shall transmit to the Committee on Health, 

16 Education, Labor, and Pensions of the Senate 

17 and the Committee on Education and the 

18 Workforce of the House of Representatives a 

19 national report card on the status of elementary 

20 and secondary education in the United States. 

21 Such report shall— 

22 ‘‘(i) analyze existing data from State 

23 reports required under this Act, the Indi24 viduals with Disabilities Education Act, 

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1 nical Education Act of 2006, and summa2 rize major findings from such reports; 

3 ‘‘(ii) analyze data from the National 

4 Assessment of Educational Progress and 

5 comparable international assessments; 

6 ‘‘(iii) identify trends in student 

7 achievement, student performance, and 

8 secondary school graduation rates, by ana9 lyzing and reporting on the status and per10 formance of students, disaggregated by 

11 each category of students described in sub12 section (b)(2)(B)(viii); 

13 ‘‘(iv) analyze data on Federal, State, 

14 and local expenditures on education, in15 cluding per-pupil spending, teacher salaries 

16 and pension obligations, school level spend17 ing, and other financial data publicly avail18 able, and report on current trends and 

19 major findings; and 

20 ‘‘(v) analyze information on the teach21 ing and principal profession, including edu22 cation and training, retention and mobility, 

23 and effectiveness in improving student 

24 achievement. 

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1 ‘‘(B) SPECIAL RULE.—The information 

2 used to prepare the report described in sub3 paragraph (A) shall be derived from existing 

4 State and local reporting requirements and data 

5 sources. Nothing in this paragraph shall be con6 strued as authorizing, requiring, or allowing 

7 any additional reporting requirements, data ele8 ments, or information to be reported to the Sec9 retary not otherwise explicitly authorized by any 

10 other Federal law. 

11 ‘‘(f) VOLUNTARY PARTNERSHIPS.—A State may 

12 enter into a voluntary partnership with another State to 

13 develop and implement the academic assessments, State 

14 academic content standards, and accountability systems 

15 required under this section. 

16 ‘‘(g) SPECIAL RULE WITH RESPECT TO BUREAU17 FUNDED SCHOOLS.—In determining the assessments to 

18 be used by each school operated or funded by the Bureau 

19 of Indian Education of the Department of the Interior 

20 that receives funds under this part, the following shall 

21 apply: 

22 ‘‘(1) Each such school that is accredited by the 

23 State in which it is operating shall use the assess24 ments the State has developed and implemented to 

25 meet the requirements of this section, or such other 

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1 appropriate assessment as approved by the Secretary 

2 of the Interior. 

3 ‘‘(2) Each such school that is accredited by a 

4 regional accrediting organization shall adopt an ap5 propriate assessment in consultation with, and with 

6 the approval of, the Secretary of the Interior and 

7 consistent with assessments adopted by other schools 

8 in the same State or region, that meets the require9 ments of this section. 

10 ‘‘(3) Each such school that is accredited by a 

11 tribal accrediting agency or tribal division of edu12 cation shall use an assessment developed by such 

13 agency or division, except that the Secretary of the 

14 Interior shall ensure that such assessment meets the 

15 requirements of this section. 

16 ‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 

17 ‘‘(a) PLANS REQUIRED.— 

18 ‘‘(1) SUBGRANTS.—A local educational agency 

19 may receive a subgrant under this part for any fiscal 

20 year only if such agency has on file with the State 

21 educational agency a plan, approved by the State 

22 educational agency, that is developed in consultation 

23 with teachers, principals, administrators (including 

24 administrators of programs described in other parts 

25 of this title), other appropriate school personnel, and 

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1 with parents of children in schools served under this 

2 part, that satisfies the requirements of this section. 

3 ‘‘(2) CONSOLIDATED APPLICATION.—The plan 

4 may be submitted as part of a consolidated applica5 tion under section 9305. 

6 ‘‘(3) STATE REVIEW AND APPROVAL.— 

7 ‘‘(A) IN GENERAL.—Each local educational 

8 agency plan shall be filed according to a sched9 ule established by the State educational agency. 

10 ‘‘(B) APPROVAL.—The State educational 

11 agency shall approve a local educational agen12 cy’s plan only if the State educational agency 

13 determines that the local educational agency’s 

14 plan satisfies the requirements of this part and 

15 enables children served under this part to meet 

16 the college and career ready standards expected 

17 of all children described in section 1111(b)(1). 

18 ‘‘(4) DURATION.—Each local educational agen19 cy plan shall be submitted for the first year for 

20 which this part is in effect following the date of en21 actment of the and shall remain in effect for the du22 ration of the agency’s participation under this part. 

23 ‘‘(5) REVIEW.—Each local educational agency 

24 shall periodically review and, as necessary, revise its 

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1 plan to reflect changes in the local educational agen2 cy’s strategies and programs under this part. 

3 ‘‘(b) PLAN PROVISIONS.—To ensure that all children 

4 receive a high-quality education that prepares them to be 

5 college and career ready without the need for academic 

6 remediation, and to close the achievement gap between 

7 high- and low-performing children, especially the achieve8 ment gaps between minority and nonminority students, 

9 and between disadvantaged children and their more ad10 vantaged peers, each local educational agency plan shall 

11 describe— 

12 ‘‘(1) how the local educational agency will work 

13 with each of the schools served by the agency so that 

14 students meet the State’s college and career ready 

15 academic standards by— 

16 ‘‘(A) developing and implementing a com17 prehensive program of instruction to meet the 

18 academic needs of all students; 

19 ‘‘(B) identifying quickly and effectively 

20 students who may be at risk for academic fail21 ure; 

22 ‘‘(C) providing additional educational as23 sistance to individual students determined as 

24 needing help in meeting the State’s student 

25 academic achievement standards; 

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1 ‘‘(D) identifying significant gaps in stu2 dent academic achievement between each cat3 egory of students described in subclauses (I) 

4 through (IV) of section 1111(b)(2)(B)(viii) and 

5 develop strategies to reduce such gaps in 

6 achievement; and 

7 ‘‘(E) identifying and implementing effec8 tive methods and instructional strategies that 

9 are based on scientifically valid research in10 tended to strengthen the core academic pro11 gram of the school; 

12 ‘‘(2) how the local educational agency will mon13 itor and evaluate the effectiveness of school pro14 grams in improving student academic achievement, 

15 especially for students not meeting State student 

16 academic achievement standards; 

17 ‘‘(3)(A) how the local educational agency will 

18 meet the requirements of section 1119 regarding the 

19 qualifications of teachers and paraprofessionals; and 

20 ‘‘(B) how the local educational agency, through 

21 incentives for voluntary transfers, recruitment pro22 grams, incentive pay, performance- or merit-based 

23 pay systems, or other effective strategies, will iden24 tify and address any disparities that result in low25 income students and minority students being taught 

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1 at higher rates than other students by ineffective, 

2 out-of-field, or inexperienced teachers; 

3 ‘‘(4) the actions the local educational agency 

4 will take to assist schools identified under section 

5 1114(a)(1)(B) and other schools also identified by 

6 the local educational agency as in need of assistance 

7 to improve student academic achievement, and the 

8 funds used to conduct such actions; 

9 ‘‘(5) the programs to be conducted by such 

10 agency’s schools under section 1113, and where ap11 propriate, educational services outside such schools 

12 for children living in local institutions for neglected 

13 or delinquent children, and for neglected and delin14 quent children in community day school programs; 

15 ‘‘(6) the services the local educational agency 

16 will provide homeless children, including services 

17 provided with funds reserved under section 

18 1113(a)(3)(C)(i); 

19 ‘‘(7) the strategy the local educational agency 

20 will use to implement effective parental involvement 

21 under section 1118; 

22 ‘‘(8) how the local educational agency will co23 ordinate and integrate services provided under this 

24 part with preschool educational services at the local 

25 educational agency or individual school level, includmstockstill on DSK4VPTVN1PROD with BILLS

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1 ing plans for the transition of participants in such 

2 programs to local elementary school programs, and, 

3 if appropriate, a description of how the local edu4 cational agency will use funds under this part to 

5 support preschool programs for children, particularly 

6 children participating in a Head Start program, 

7 which may be provided directly by the local edu8 cational agency or through a subcontract with the 

9 local Head Start agency designated by the Secretary 

10 of Health and Human Services under section 641 of 

11 the Head Start Act, or another comparable public 

12 early childhood development program; 

13 ‘‘(9) how the local educational agency will co14 ordinate programs and integrate services under this 

15 part with other Federal, State, and local services 

16 and programs; and 

17 ‘‘(10) how teachers, in consultation with par18 ents, administrators, and pupil services personnel, in 

19 targeted assistance schools under section 1113, will 

20 identify the eligible children most in need of services 

21 under this part. 

22 ‘‘(c) ASSURANCES.—Each local educational agency 

23 plan shall provide assurances that the local educational 

24 agency will— 

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1 ‘‘(1) ensure that the results from the academic 

2 assessments required under section 1111(b)(2) will 

3 be provided to parents and teachers as soon as is 

4 practicably possible after the test is taken; 

5 ‘‘(2) ensure that migratory children and for6 merly migratory children who are eligible to receive 

7 services under this part are selected to receive such 

8 services on the same basis as other children who are 

9 selected to receive services under this part; 

10 ‘‘(3) provide services to eligible children attend11 ing private elementary schools and secondary schools 

12 in accordance with section 1120, and timely and 

13 meaningful consultation with private school officials 

14 regarding such services; and 

15 ‘‘(4) participate, if selected, in the National As16 sessment of Educational Progress in 4th and 8th 

17 grade reading and mathematics carried out under 

18 section 303(b)(2) of the National Assessment of 

19 Educational Progress Authorization Act. 

20 ‘‘(d) SCHOOLWIDE PROGRAM PLANS.—In addition to 

21 the plan requirements described in subsection (c), for 

22 schools operating a schoolwide program under section 

23 1113(b)(2), the plan shall also include— 

24 ‘‘(1) a description of schoolwide reform strate25 gies that— 

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1 ‘‘(A) provide opportunities for all children 

2 to meet the State’s academic achievement 

3 standards under section 1111(b); 

4 ‘‘(B) use effective methods and instruc5 tional strategies that are based on scientifically 

6 valid research that— 

7 ‘‘(i) strengthen the core academic pro8 gram in the school; and 

9 ‘‘(ii) increase the amount and quality 

10 of learning time and help provide an en11 riched and accelerated curriculum; and 

12 ‘‘(C) address the academic and other sup13 port needs of all children in the school; 

14 ‘‘(2) a list of State educational agency and local 

15 educational agency programs and other Federal pro16 grams that will be consolidated in the schoolwide 

17 program; and 

18 ‘‘(3) if appropriate, a description of how funds 

19 will be used to establish or enhance prekindergarten 

20 programs for children below the age of 6. 

21 ‘‘(e) TARGETED ASSISTANCE SCHOOL PLANS.—In 

22 addition to the plan requirements described in subsection 

23 (c), for schools operating a targeted assistance program 

24 under section 1113(b)(3), the plan shall also include— 

25 ‘‘(1) a description of— 

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1 ‘‘(A) the process for determining which 

2 students will be served and the students to be 

3 served; 

4 ‘‘(B) the assistance that will be provided to 

5 such students; and 

6 ‘‘(C) how the activities supported under 

7 this part will be coordinated with and incor8 porated into the regular education program of 

9 the school; 

10 ‘‘(2) assurances that the school will— 

11 ‘‘(A) help provide an accelerated, high12 quality curriculum; 

13 ‘‘(B) minimize removing children from the 

14 regular classroom during regular school hours 

15 for instruction provided under this part; and 

16 ‘‘(C) on an ongoing basis, review the 

17 progress of participating children and revise the 

18 plan under this section, if necessary, to provide 

19 additional assistance to enable such children to 

20 meet the State’s college and career ready aca21 demic achievement standards. 

22 ‘‘(f) PARENTS RIGHT-TO-KNOW.— 

23 ‘‘(1) TEACHER QUALIFICATIONS.— 

24 ‘‘(A) IN GENERAL.—At the beginning of 

25 each school year, a local educational agency 

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1 that receives funds under this part shall notify 

2 the parents of each student attending any 

3 school receiving funds under this part that the 

4 parents may request, and the agency will pro5 vide the parents on request (and in a timely 

6 manner), information regarding the professional 

7 qualifications of the student’s classroom teach8 ers, including, at a minimum, the following: 

9 ‘‘(i) Whether the teacher has met 

10 State qualification and licensing criteria 

11 for the grade levels and subject areas in 

12 which the teacher provides instruction. 

13 ‘‘(ii) Whether the teacher is teaching 

14 under emergency or other provisional sta15 tus through which State qualification or li16 censing criteria have been waived. 

17 ‘‘(iii) Whether the child is provided 

18 services by paraprofessionals and, if so, 

19 whether each such paraprofessional meets 

20 the qualifications required under section 

21 1119. 

22 ‘‘(B) ADDITIONAL INFORMATION.—In ad23 dition to the information that parents may re24 quest under subparagraph (A), a school that remstockstill on DSK4VPTVN1PROD with BILLS

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1 ceives funds under this part shall provide to 

2 each individual parent— 

3 ‘‘(i) information on the level of 

4 achievement of the parent’s child in each 

5 of the State academic assessments as re6 quired under this part; and 

7 ‘‘(ii) timely notice that the parent’s 

8 child has been assigned, or has been 

9 taught for 4 or more consecutive weeks by, 

10 a teacher who does not meet applicable 

11 State certification or licensure require12 ments. 

13 ‘‘(2) LANGUAGE INSTRUCTION.— 

14 ‘‘(A) NOTICE.—Each local educational 

15 agency using funds under this part to provide 

16 a language instruction educational program as 

17 determined under title III shall, not later than 

18 30 days after the beginning of the school year, 

19 inform a parent or parents of an English lan20 guage learner identified for participation or 

21 participating in such a program of— 

22 ‘‘(i) the reasons for the identification 

23 of their child as an English language 

24 learner and in need of placement in a lan25 guage instruction educational program; 

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1 ‘‘(ii) the child’s level of English pro2 ficiency, how such level was assessed, and 

3 the status of the child’s academic achieve4 ment; 

5 ‘‘(iii) the methods of instruction used 

6 in the program in which their child is, or 

7 will be participating, and the methods of 

8 instruction used in other available pro9 grams, including how such programs differ 

10 in content, instructional goals, and the use 

11 of English and a native language in in12 struction; 

13 ‘‘(iv) how the program in which their 

14 child is, or will be participating, will meet 

15 the educational strengths and needs of 

16 their child; 

17 ‘‘(v) how such program will specifi18 cally help their child learn English and 

19 meet age-appropriate academic achieve20 ment standards for grade promotion and 

21 graduation; 

22 ‘‘(vi) the specific exit requirements for 

23 the program, including the expected rate of 

24 transition from such program into class25 rooms that are not tailored for English 

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1 language learners, and the expected rate of 

2 graduation from secondary school for such 

3 program if funds under this part are used 

4 for children in secondary schools; 

5 ‘‘(vii) in the case of a child with a dis6 ability, how such program meets the objec7 tives of the individualized education pro8 gram of the child, as described in section 

9 614(a)(1)(D) of the Individuals with Dis10 abilities Education Act; and 

11 ‘‘(viii) information pertaining to pa12 rental rights that includes written guid13 ance— 

14 ‘‘(I) detailing— 

15 ‘‘(aa) the right that parents 

16 have to have their child imme17 diately removed from such pro18 gram upon their request; and 

19 ‘‘(bb) the options that par20 ents have to decline to enroll 

21 their child in such program or to 

22 choose another program or meth23 od of instruction, if available; and 

24 ‘‘(II) assisting parents in select25 ing among various programs and 

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1 methods of instruction, if more than 1 

2 program or method is offered by the 

3 eligible entity. 

4 ‘‘(B) SPECIAL RULE APPLICABLE DURING

5 THE SCHOOL YEAR.—For those children who 

6 have not been identified as English language 

7 learners prior to the beginning of the school 

8 year but are identified as English language 

9 learners during such school year, the local edu10 cational agency shall notify the children’s par11 ents during the first 2 weeks of the child being 

12 placed in a language instruction educational 

13 program consistent with subparagraph (A). 

14 ‘‘(C) PARENTAL PARTICIPATION.—Each 

15 local educational agency receiving funds under 

16 this part shall implement an effective means of 

17 outreach to parents of English language learn18 ers to inform the parents regarding how the 

19 parents can be involved in the education of 

20 their children, and be active participants in as21 sisting their children to attain English pro22 ficiency, achieve at high levels in core academic 

23 subjects, and meet challenging State academic 

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1 ing holding, and sending notice of opportunities 

2 for, regular meetings for the purpose of formu3 lating and responding to recommendations from 

4 parents of students assisted under this part. 

5 ‘‘(D) BASIS FOR ADMISSION OR EXCLU6 SION.—A student shall not be admitted to, or 

7 excluded from, any federally assisted education 

8 program on the basis of a surname or language9 minority status. 

10 ‘‘(3) FORMAT.—The notice and information 

11 provided to parents under this subsection shall be in 

12 an understandable and uniform format and, to the 

13 extent practicable, provided in a language that the 

14 parents can understand. 

15 ‘‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS; 

16 SCHOOLWIDE PROGRAMS; TARGETED ASSIST17 ANCE PROGRAMS. 

18 ‘‘(a) ELIGIBLE SCHOOL ATTENDANCE AREAS.— 

19 ‘‘(1) DETERMINATION.— 

20 ‘‘(A) IN GENERAL.—A local educational 

21 agency shall use funds received under this part 

22 only in eligible school attendance areas. 

23 ‘‘(B) ELIGIBLE SCHOOL ATTENDANCE

24 AREAS.—In this part— 

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1 ‘‘(i) the term ‘school attendance area’ 

2 means, in relation to a particular school, 

3 the geographical area in which the children 

4 who are normally served by that school re5 side; and 

6 ‘‘(ii) the term ‘eligible school attend7 ance area’ means a school attendance area 

8 in which the percentage of children from 

9 low-income families is at least as high as 

10 the percentage of children from low-income 

11 families served by the local educational 

12 agency as a whole. 

13 ‘‘(C) RANKING ORDER.—If funds allocated 

14 in accordance with paragraph (3) are insuffi15 cient to serve all eligible school attendance 

16 areas, a local educational agency shall— 

17 ‘‘(i) annually rank, without regard to 

18 grade spans, such agency’s eligible school 

19 attendance areas in which the concentra20 tion of children from low-income families 

21 exceeds 75 percent from highest to lowest 

22 according to the percentage of children 

23 from low-income families; and 

24 ‘‘(ii) serve such eligible school attend25 ance areas in rank order. 

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1 ‘‘(D) REMAINING FUNDS.—If funds remain 

2 after serving all eligible school attendance areas 

3 under subparagraph (C), a local educational 

4 agency shall— 

5 ‘‘(i) annually rank such agency’s re6 maining eligible school attendance areas 

7 from highest to lowest either by grade 

8 span or for the entire local educational 

9 agency according to the percentage of chil10 dren from low-income families; and 

11 ‘‘(ii) serve such eligible school attend12 ance areas in rank order either within each 

13 grade-span grouping or within the local 

14 educational agency as a whole. 

15 ‘‘(E) MEASURES.—The local educational 

16 agency shall use the same measure of poverty, 

17 which measure shall be the number of children 

18 ages 5 through 17 in poverty counted in the 

19 most recent census data approved by the Sec20 retary, the number of children eligible for free 

21 and reduced priced lunches under the Richard 

22 B. Russell National School Lunch Act, the 

23 number of children in families receiving assist24 ance under the State program funded under 

25 part A of title IV of the Social Security Act, or 

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1 the number of children eligible to receive med2 ical assistance under the Medicaid program, or 

3 a composite of such indicators, with respect to 

4 all school attendance areas in the local edu5 cational agency— 

6 ‘‘(i) to identify eligible school attend7 ance areas; 

8 ‘‘(ii) to determine the ranking of each 

9 area; and 

10 ‘‘(iii) to determine allocations under 

11 paragraph (3). 

12 ‘‘(F) EXCEPTION.—This subsection shall 

13 not apply to a local educational agency with a 

14 total enrollment of less than 1,000 children. 

15 ‘‘(G) WAIVER FOR DESEGREGATION

16 PLANS.—The Secretary may approve a local 

17 educational agency’s written request for a waiv18 er of the requirements of this paragraph and 

19 paragraph (3) and permit such agency to treat 

20 as eligible, and serve, any school that children 

21 attend with a State-ordered, court-ordered 

22 school desegregation plan or a plan that con23 tinues to be implemented in accordance with a 

24 State-ordered or court-ordered desegregation 

25 plan, if— 

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1 ‘‘(i) the number of economically dis2 advantaged children enrolled in the school 

3 is at least 25 percent of the school’s total 

4 enrollment; and 

5 ‘‘(ii) the Secretary determines on the 

6 basis of a written request from such agen7 cy and in accordance with such criteria as 

8 the Secretary establishes, that approval of 

9 that request would further the purposes of 

10 this part. 

11 ‘‘(2) LOCAL EDUCATIONAL AGENCY DISCRE12 TION.— 

13 ‘‘(A) IN GENERAL.—Notwithstanding para14 graph (1)(B), a local educational agency may— 

15 ‘‘(i) designate as eligible any school 

16 attendance area or school in which at least 

17 35 percent of the children are from low-in18 come families; 

19 ‘‘(ii) use funds received under this 

20 part in a school that is not in an eligible 

21 school attendance area, if the percentage 

22 of children from low-income families en23 rolled in the school is equal to or greater 

24 than the percentage of such children in a 

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1 participating school attendance area of 

2 such agency; 

3 ‘‘(iii) designate and serve a school at4 tendance area or school that is not eligible 

5 under this section, but that was eligible 

6 and that was served in the preceding fiscal 

7 year, but only for 1 additional fiscal year; 

8 and 

9 ‘‘(iv) elect not to serve an eligible 

10 school attendance area or eligible school 

11 that has a higher percentage of children 

12 from low-income families if— 

13 ‘‘(I) the school meets the com14 parability requirements of section 

15 1120A(c); 

16 ‘‘(II) the school is receiving sup17 plemental funds from other State or 

18 local sources that are spent according 

19 to the requirements of this section; 

20 and 

21 ‘‘(III) the funds expended from 

22 such other sources equal or exceed the 

23 amount that would be provided under 

24 this part. 

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1 ‘‘(B) SPECIAL RULE.—Notwithstanding 

2 subparagraph (A)(iv), the number of children 

3 attending private elementary schools and sec4 ondary schools who are to receive services, and 

5 the assistance such children are to receive 

6 under this part, shall be determined without re7 gard to whether the public school attendance 

8 area in which such children reside is assisted 

9 under subparagraph (A). 

10 ‘‘(3) ALLOCATIONS.— 

11 ‘‘(A) IN GENERAL.—A local educational 

12 agency shall allocate funds received under this 

13 part to eligible school attendance areas or eligi14 ble schools, identified under paragraphs (1) and 

15 (2) in rank order, on the basis of the total 

16 number of children from low-income families in 

17 each area or school. 

18 ‘‘(B) SPECIAL RULE.— 

19 ‘‘(i) IN GENERAL.—Except as pro20 vided in clause (ii), the per-pupil amount 

21 of funds allocated to each school attend22 ance area or school under subparagraph 

23 (A) shall be at least 125 percent of the 

24 per-pupil amount of funds a local edu25 cational agency received for that year 

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1 under the poverty criteria described by the 

2 local educational agency in the plan sub3 mitted under section 1112, except that this 

4 clause shall not apply to a local edu5 cational agency that only serves schools in 

6 which the percentage of such children is 35 

7 percent or greater. 

8 ‘‘(ii) EXCEPTION.—A local edu9 cational agency may reduce the amount of 

10 funds allocated under clause (i) for a 

11 school attendance area or school by the 

12 amount of any supplemental State and 

13 local funds expended in that school attend14 ance area or school for programs that meet 

15 the requirements of this section. 

16 ‘‘(C) RESERVATION.—A local educational 

17 agency shall reserve such funds as are nec18 essary under this part to provide services com19 parable to those provided to children in schools 

20 funded under this part to serve— 

21 ‘‘(i) homeless children who do not at22 tend participating schools, including pro23 viding educationally related support serv24 ices to children in shelters and other loca25 tions where children may live; 

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1 ‘‘(ii) children in local institutions for 

2 neglected children; and 

3 ‘‘(iii) if appropriate, children in local 

4 institutions for delinquent children, and 

5 neglected or delinquent children in commu6 nity day school programs. 

7 ‘‘(b) SCHOOLWIDE PROGRAMS AND TARGETED AS8 SISTANCE SCHOOLS.— 

9 ‘‘(1) IN GENERAL.—For each school that will 

10 receive funds under this part, the local educational 

11 agency shall determine whether the school operates 

12 as a schoolwide program consistent with paragraph 

13 (2) or a targeted assistance school consistent with 

14 paragraph (3). 

15 ‘‘(2) SCHOOLWIDE PROGRAMS.— 

16 ‘‘(A) IN GENERAL.—A local educational 

17 agency may consolidate and use funds under 

18 this part, together with other Federal, State, 

19 and local funds, in order to upgrade the entire 

20 educational program of a school that serves an 

21 eligible school attendance area in which not less 

22 than 40 percent of the children are from low23 income families, or not less than 40 percent of 

24 the children enrolled in the school are from 

25 such families. 

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1 ‘‘(B) IDENTIFICATION OF STUDENTS NOT

2 REQUIRED.— 

3 ‘‘(i) IN GENERAL.—No school partici4 pating in a schoolwide program shall be re5 quired— 

6 ‘‘(I) to identify particular chil7 dren under this part as eligible to par8 ticipate in a schoolwide program; or 

9 ‘‘(II) to provide services to such 

10 children that are supplementary, as 

11 otherwise required by section 

12 1120A(b). 

13 ‘‘(ii) SUPPLEMENTAL FUNDS.—A 

14 school participating in a schoolwide pro15 gram shall use funds available to carry out 

16 this paragraph only to supplement the 

17 amount of funds that would, in the absence 

18 of funds under this part, be made available 

19 from non-Federal sources for the school, 

20 including funds needed to provide services 

21 that are required by law for children with 

22 disabilities and children who are English 

23 language learners. 

24 ‘‘(C) EXEMPTION FROM STATUTORY AND

25 REGULATORY REQUIREMENTS.— 

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1 ‘‘(i) EXEMPTION.—The Secretary 

2 may, through publication of a notice in the 

3 Federal Register, exempt schoolwide pro4 grams under this section from statutory or 

5 regulatory provisions of any other non6 competitive formula grant program admin7 istered by the Secretary (other than for8 mula or discretionary grant programs 

9 under the Individuals with Disabilities 

10 Education Act, except as provided in sec11 tion 613(a)(2)(D) of such Act), or any dis12 cretionary grant program administered by 

13 the Secretary, to support schoolwide pro14 grams if the intent and purposes of such 

15 other programs are met. 

16 ‘‘(ii) REQUIREMENTS.—A school that 

17 chooses to use funds from such other pro18 grams shall not be relieved of the require19 ments relating to health, safety, civil 

20 rights, student and parental participation 

21 and involvement, services to private school 

22 children, maintenance of effort, com23 parability of services, uses of Federal 

24 funds to supplement, not supplant non25 Federal funds, or the distribution of funds 

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1 to State educational agencies or local edu2 cational agencies that apply to the receipt 

3 of funds from such programs. 

4 ‘‘(iii) RECORDS.—A school that con5 solidates and uses funds from different 

6 Federal programs under this paragraph 

7 shall not be required to maintain separate 

8 fiscal accounting records, by program, that 

9 identify the specific activities supported by 

10 those particular funds as long as the 

11 school maintains records that demonstrate 

12 that the schoolwide program, considered as 

13 a whole, addresses the intent and purposes 

14 of each of the Federal programs that were 

15 consolidated to support the schoolwide pro16 gram. 

17 ‘‘(D) PREKINDERGARTEN PROGRAM.—A 

18 school that is eligible for a schoolwide program 

19 under this paragraph may use funds made 

20 available under this part to establish or enhance 

21 prekindergarten programs for children below 

22 the age of 6. 

23 ‘‘(3) TARGETED ASSISTANCE SCHOOLS.— 

24 ‘‘(A) IN GENERAL.—In all schools selected 

25 to receive funds under subsection (a)(3) that 

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1 are ineligible for a schoolwide program under 

2 paragraph (2), or that choose not to operate 

3 such a schoolwide program, a local educational 

4 agency serving such school may use funds re5 ceived under this part only for programs that 

6 provide services to eligible children under sub7 paragraph (B) identified as having the greatest 

8 need for special assistance. 

9 ‘‘(B) ELIGIBLE CHILDREN.— 

10 ‘‘(i) ELIGIBLE POPULATION.— 

11 ‘‘(I) IN GENERAL.—The eligible 

12 population for services under this sec13 tion is— 

14 ‘‘(aa) children not older 

15 than age 21 who are entitled to 

16 a free public education through 

17 grade 12; and 

18 ‘‘(bb) children who are not 

19 yet at a grade level at which the 

20 local educational agency provides 

21 a free public education. 

22 ‘‘(II) ELIGIBLE CHILDREN FROM

23 ELIGIBLE POPULATION.—From the 

24 population described in subclause (I), 

25 eligible children are children identified 

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1 by the school as failing, or most at 

2 risk of failing, to meet the State’s stu3 dent academic achievement standards 

4 on the basis of multiple, educationally 

5 related, objective criteria established 

6 by the local educational agency and 

7 supplemented by the school. 

8 ‘‘(ii) CHILDREN INCLUDED.— 

9 ‘‘(I) IN GENERAL.—Children who 

10 are economically disadvantaged, chil11 dren with disabilities, migrant chil12 dren, or children who are English lan13 guage learners, are eligible for serv14 ices under this part on the same basis 

15 as other children selected to receive 

16 services under this part. 

17 ‘‘(II) HEAD START AND PRE18 SCHOOL CHILDREN.—A child who, at 

19 any time in the 2 years preceding the 

20 year for which the determination is 

21 made, participated in a Head Start 

22 program, or in preschool services 

23 under this title, is eligible for services 

24 under this part. 

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1 ‘‘(III) MIGRANT CHILDREN.—A 

2 child who, at any time in the 2 years 

3 preceding the year for which the de4 termination is made, received services 

5 under part C is eligible for services 

6 under this part. 

7 ‘‘(IV) NEGLECTED OR DELIN8 QUENT CHILDREN.—A child in a local 

9 institution for neglected or delinquent 

10 children and youth or attending a 

11 community day program for such chil12 dren is eligible for services under this 

13 part. 

14 ‘‘(V) HOMELESS CHILDREN.—A 

15 child who is homeless and attending 

16 any school served by the local edu17 cational agency is eligible for services 

18 under this part. 

19 ‘‘(iii) SPECIAL RULE.—Funds received 

20 under this part may not be used to provide 

21 services that are otherwise required by law 

22 to be made available to children described 

23 in clause (ii) but may be used to coordi24 nate or supplement such services. 

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1 ‘‘(C) INTEGRATION OF PROFESSIONAL DE2 VELOPMENT.—To promote the integration of 

3 staff supported with funds under this part into 

4 the regular school program and overall school 

5 planning and improvement efforts, public school 

6 personnel who are paid with funds received 

7 under this part may— 

8 ‘‘(i) participate in general professional 

9 development and school planning activities; 

10 and 

11 ‘‘(ii) assume limited duties that are 

12 assigned to similar personnel who are not 

13 so paid, including duties beyond classroom 

14 instruction or that do not benefit partici15 pating children, so long as the amount of 

16 time spent on such duties is the same pro17 portion of total work time as prevails with 

18 respect to similar personnel at the same 

19 school. 

20 ‘‘(D) SPECIAL RULES.— 

21 ‘‘(i) SIMULTANEOUS SERVICE.—Noth22 ing in this paragraph shall be construed to 

23 prohibit a school from serving students 

24 under this paragraph simultaneously with 

25 students with similar educational needs, in 

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1 the same educational settings where appro2 priate. 

3 ‘‘(ii) COMPREHENSIVE SERVICES.—If 

4 health, nutrition, and other social services 

5 are not otherwise available to eligible chil6 dren in a targeted assistance school and 

7 such school, if appropriate, has engaged in 

8 a comprehensive needs assessment and es9 tablished a collaborative partnership with 

10 local service providers and funds are not 

11 reasonably available from other public or 

12 private sources to provide such services, 

13 then a portion of the funds provided under 

14 this part may be used as a last resort to 

15 provide such services, including— 

16 ‘‘(I) the provision of basic med17 ical equipment, such as eyeglasses and 

18 hearing aids; 

19 ‘‘(II) compensation of a coordi20 nator; and 

21 ‘‘(III) professional development 

22 necessary to assist teachers, pupil 

23 services personnel, other staff, and 

24 parents in identifying and meeting the 

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1 comprehensive needs of eligible chil2 dren. 

3 ‘‘SEC. 1114. SCHOOL IDENTIFICATION AND TURNAROUND. 

4 ‘‘(a) STATE REVIEW AND RESPONSIBILITIES.— 

5 ‘‘(1) IN GENERAL.—Not later than July 1, 

6 2012, each State educational agency receiving funds 

7 under this part shall— 

8 ‘‘(A) review the performance of each public 

9 school in the State to measure the progress of 

10 each public school served under this part, by 

11 using— 

12 ‘‘(i) the State academic assessments 

13 described in section 1111(b)(2); 

14 ‘‘(ii) secondary school graduation 

15 rates, as appropriate; and 

16 ‘‘(iii) other indicators determined by 

17 the State; 

18 ‘‘(B) based on the review under subpara19 graph (A), use a State-established system to 

20 identify the lowest performing 5 percent of pub21 lic elementary schools and secondary schools 

22 that receive funds under this part; and 

23 ‘‘(C) inform local educational agencies of 

24 schools identified under subparagraph (B) in a 

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1 timely manner that is before the beginning of 

2 the school year. 

3 ‘‘(2) OPPORTUNITY FOR REVIEW.— 

4 ‘‘(A) IDENTIFICATION.—Before identifying 

5 a school under paragraph (1)(B), the State 

6 educational agency shall provide the local edu7 cational agency and proposed identified school 

8 with an opportunity to review all school-level 

9 data on which the proposed identification is 

10 based. 

11 ‘‘(B) EVIDENCE.—If the local educational 

12 agency or the principal of a school proposed for 

13 identification under paragraph (1)(B) believes 

14 that the proposed identification is in error for 

15 statistical or other substantive reasons, the 

16 local educational agency or principal may pro17 vide supporting evidence to the State edu18 cational agency, which shall consider that evi19 dence before making a final determination. 

20 ‘‘(C) FINAL DETERMINATION.—Not later 

21 than 30 days after the State educational agency 

22 provides the local educational agency and school 

23 with the opportunity to review such school-level 

24 data under subparagraph (A), the State edu25 cational agency shall make a final determinamstockstill on DSK4VPTVN1PROD with BILLS

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1 tion on the status of the school with respect to 

2 the identification. 

3 ‘‘(3) DETERMINATIONS.— 

4 ‘‘(A) IN GENERAL.—A school’s identifica5 tion under paragraph (1)(B) shall be for a pe6 riod of not more than 5 school years, as deter7 mined by the State. 

8 ‘‘(B) ADDITIONAL DETERMINATIONS.—At 

9 the sole discretion of the State educational 

10 agency, the agency may include additional 

11 schools as schools identified under paragraph 

12 (1)(B), based on an annual review of the per13 formance of each public school in the State, 

14 using the same criteria established to identify 

15 schools under paragraph (1)(A). 

16 ‘‘(C) REMOVAL OF DETERMINATION.—Not17 withstanding subparagraph (A), a State edu18 cational agency may end the identification of a 

19 school under paragraph (1)(B) if the State de20 termines, based on an annual review of the per21 formance of each public school in the State 

22 using the same criteria established to identify 

23 schools under paragraph (1)(A), that such iden24 tification is no longer necessary due to immstockstill on DSK4VPTVN1PROD with BILLS

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1 proved student academic achievement at the 

2 school. 

3 ‘‘(4) STATE EDUCATIONAL AGENCY RESPON4 SIBILITIES.—The State educational agency shall— 

5 ‘‘(A) make technical assistance available to 

6 local educational agencies that serve schools 

7 identified under paragraph (1)(B); and 

8 ‘‘(B) if the State educational agency deter9 mines that a local educational agency failed to 

10 carry out its responsibilities under this section, 

11 take such actions as the State educational agen12 cy determines to be appropriate and in compli13 ance with State law. 

14 ‘‘(b) LOCAL EDUCATIONAL AGENCY REVIEW AND

15 PLAN.— 

16 ‘‘(1) REVIEW.—After the resolution of the re17 view under subsection (a)(2), each local educational 

18 agency with a school identified under subsection 

19 (a)(1)(B), not later than 3 months after being so 

20 identified, shall— 

21 ‘‘(A) conduct a review of such school and 

22 student achievement data, including data from 

23 the State assessments described in section 

24 1111(b)(2), to determine the factors that led to 

25 such identification; and 

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1 ‘‘(B) conduct a review of the policies, pro2 cedures, personnel decisions, and budgetary de3 cisions of the local educational agency and the 

4 school that impact the school and could have 

5 contributed to the identification of the school. 

6 ‘‘(2) PLAN.—Based on the results of the review 

7 under paragraph (1), the local educational agency, 

8 in consultation with school personnel, parents, and 

9 the local community, shall— 

10 ‘‘(A) determine the appropriate school 

11 turnaround strategy from subsection (c) for the 

12 identified school; and 

13 ‘‘(B) develop a comprehensive plan for the 

14 successful implementation of the identified 

15 school turnaround strategy, including a descrip16 tion of— 

17 ‘‘(i) technical assistance that will be 

18 provided to the school; 

19 ‘‘(ii) improved delivery of services to 

20 be provided by the local educational agen21 cy; 

22 ‘‘(iii) curriculum, program of instruc23 tion, or other services provided to students 

24 in the school; and 

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1 ‘‘(iv) any changes to personnel nec2 essary to improve educational opportunities 

3 for children in the school. 

4 ‘‘(3) PLAN IMPLEMENTATION.—Except as pro5 vided in paragraph (4), a school shall implement the 

6 school plan (including a revised plan), as described 

7 in paragraph (2)(B), immediately upon approval. 

8 ‘‘(4) DELAYED PLAN IMPLEMENTATION.—Not9 withstanding paragraph (3), a local educational 

10 agency may allow a school to begin implementation 

11 of the plan not later than the beginning of the next 

12 full school year following the identification under 

13 subsection (a)(1)(B). 

14 ‘‘(5) NOTICE TO PARENTS.—A local educational 

15 agency shall promptly provide to a parent or parents 

16 of each student enrolled in a school identified under 

17 subsection (a)(1)(B)— 

18 ‘‘(A) an explanation of what the identifica19 tion means, and how the school compares in 

20 terms of academic achievement to other elemen21 tary schools or secondary schools served by the 

22 local educational agency and the State edu23 cational agency involved; 

24 ‘‘(B) the reasons for the identification; 

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1 ‘‘(C) an explanation of what the local edu2 cational agency or State educational agency is 

3 doing to help the school address the student 

4 academic achievement problem, including a de5 scription of the school turnaround strategy 

6 identified in subsection (c)(1) that will be used 

7 in the school; 

8 ‘‘(D) an explanation of how the parents 

9 can become involved in addressing the academic 

10 achievement issues that caused the school to be 

11 identified; and 

12 ‘‘(E) an explanation of the parents’ option 

13 to transfer their child to another public school 

14 under subsection (c)(2). 

15 ‘‘(c) SCHOOL TURNAROUND AND PUBLIC SCHOOL

16 CHOICE.— 

17 ‘‘(1) SCHOOL TURNAROUND STRATEGIES.— 

18 Consistent with subsections (a)(1) and (b)(1), a local 

19 educational agency shall identify a school turn20 around strategy from among the following for an 

21 identified school: 

22 ‘‘(A) TRANSFORMATION STRATEGY.—A 

23 transformation strategy is where a local edu24 cational agency— 

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1 ‘‘(i) replaces the principal who led the 

2 school before implementation of the strat3 egy; 

4 ‘‘(ii) provides ongoing, high-quality 

5 professional development to instructional 

6 staff that is aligned with the school’s in7 structional program, facilitates effective 

8 teaching and learning, and supports the 

9 implementation of school turnaround 

10 model; 

11 ‘‘(iii) implements strategies, such as 

12 financial incentives, increased opportunities 

13 for promotion and career growth, and more 

14 flexible work conditions, that are designed 

15 to recruit, place, and retain staff with the 

16 skills that are necessary to meet the needs 

17 of the students in the school; 

18 ‘‘(iv) uses data to identify and imple19 ment a research-based instructional pro20 gram that is aligned with State academic 

21 standards; 

22 ‘‘(v) promotes the continuous use of 

23 student data to provide instruction that 

24 meets the academic needs of individual stu25 dents; 

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1 ‘‘(vi) establishes schedules and strate2 gies that provide increased quality learning 

3 time; 

4 ‘‘(vii) provides for ongoing parent and 

5 community engagement; 

6 ‘‘(viii) gives the school sufficient oper7 ational flexibility in programming, staffing, 

8 budgeting, and scheduling to fully imple9 ment a comprehensive strategy that is de10 signed to substantially improve student 

11 achievement and, if applicable, increase the 

12 graduation rate; and 

13 ‘‘(ix) ensures that the school receives 

14 ongoing, intensive technical assistance and 

15 related support from the local educational 

16 agency, the State educational agency, or 

17 an outside partner. 

18 ‘‘(B) RESTART STRATEGY.—A restart 

19 strategy is where a local educational agency— 

20 ‘‘(i) converts a school or closes and re21 opens the school— 

22 ‘‘(I) under a charter school oper23 ator; 

24 ‘‘(II) a charter management or25 ganization; 

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1 ‘‘(III) an education management 

2 organization; 

3 ‘‘(IV) as a magnet school; or 

4 ‘‘(V) as an innovative school as 

5 defined under State law; 

6 ‘‘(ii) implements a rigorous review 

7 process to select such school; and 

8 ‘‘(iii) enrolls in the school, within the 

9 grades it serves, any former student from 

10 the identified school who wishes to attend 

11 the school. 

12 ‘‘(C) SCHOOL CLOSURE STRATEGY.—A 

13 school closure strategy is where a local edu14 cational agency— 

15 ‘‘(i) closes a school and enrolls the 

16 students who attended that school in other 

17 schools of the local educational agency that 

18 are higher performing; and 

19 ‘‘(ii) provides information to children 

20 who attended that school and their parents 

21 about high-quality educational options and 

22 transition and support services. 

23 ‘‘(D) TURNAROUND STRATEGY.—A turn24 around strategy is where a local educational 

25 agency— 

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1 ‘‘(i) replaces the principal and gives 

2 the new principal sufficient operational 

3 flexibility (including over staffing, the 

4 school day and school calendar, and budg5 eting) to fully implement a comprehensive 

6 approach to improve student outcomes; 

7 ‘‘(ii) screens all existing teachers and 

8 retains not more than 50 percent of such 

9 teachers; 

10 ‘‘(iii) provides instructional staff with 

11 ongoing, high-quality professional develop12 ment that is aligned with the school’s in13 structional program, facilitates effective 

14 teaching and learning, and supports the 

15 implementation of school turnaround mod16 els; 

17 ‘‘(iv) adopts a new governance struc18 ture for the school; 

19 ‘‘(v) uses data to identify and imple20 ment a research-based instructional pro21 gram and to inform and differentiate in22 struction in order to meet the academic 

23 needs of individual students; 

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1 ‘‘(vi) establishes schedules and imple2 ments strategies that provide increased 

3 quality learning time; and 

4 ‘‘(vii) includes strategies and activities 

5 that address the needs of students. 

6 ‘‘(E) STATE DETERMINED STRATEGY.—A 

7 State educational agency may, with the ap8 proval of the Secretary, establish an alternative 

9 State determined school turnaround strategy 

10 that can be used by local educational agencies 

11 in addition to the strategies identified in sub12 paragraphs (A) through (D). 

13 ‘‘(F) WAIVER.— 

14 ‘‘(i) IN GENERAL.—A local edu15 cational agency that is determined to be el16 igible for services under subpart 1 or 2 of 

17 title VI may seek a waiver from the State 

18 educational agency to modify any 1 ele19 ment of the strategies identified in sub20 paragraphs (A) through (D) to better meet 

21 the needs of rural areas. 

22 ‘‘(ii) PROHIBITION ON REGULA23 TION.—The Secretary shall not promulgate 

24 any regulation, or issue any guidance that 

25 specifies, defines, or prescribes the criteria 

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1 that a State educational agency uses to 

2 provide waivers to local educational agen3 cies under this subparagraph. 

4 ‘‘(2) PUBLIC SCHOOL CHOICE.— 

5 ‘‘(A) IN GENERAL.—In addition to the 

6 school turnaround strategy determined under 

7 paragraph (1), a local educational agency shall, 

8 not later than 3 months before the first day of 

9 the school year following identification under 

10 subsection (a)(1)(B), provide all students en11 rolled in the identified school with the option to 

12 transfer to another public school served by the 

13 local educational agency that has not been iden14 tified under subsection (a)(1)(B), unless such 

15 an option is prohibited by State law. 

16 ‘‘(B) PRIORITY.—In providing students the 

17 option to transfer to another public school, the 

18 local educational agency shall give priority to 

19 the lowest achieving children from low-income 

20 families, as determined by the local educational 

21 agency for the purposes of allocating funds to 

22 schools under section 1113(a)(3). 

23 ‘‘(C) TREATMENT.—Students who use the 

24 option to transfer to another public school shall 

25 be enrolled in classes and other activities in the 

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1 public school to which the students transfer in 

2 the same manner as all other children at the 

3 public school. 

4 ‘‘(D) SPECIAL RULE.—A local educational 

5 agency shall permit a child who transfers to an6 other public school under this paragraph to re7 main in that school until the child has com8 pleted the highest grade in that school. 

9 ‘‘(E) PROVISION OF TRANSPORTATION.— 

10 ‘‘(i) IN GENERAL.—Except as pro11 vided in clause (ii), a local educational 

12 agency shall provide, or shall pay for the 

13 provision of, transportation for a student 

14 who transfers under this paragraph to the 

15 public school to which the student trans16 fers. 

17 ‘‘(ii) EXCEPTION.—The obligation of 

18 a local educational agency to provide, or 

19 pay for the provision of, transportation for 

20 a student who transfers under this para21 graph ends at the end of a school year if 

22 the local educational agency determines 

23 that the school from which the student 

24 transferred is no longer identified under 

25 subsection (a)(1)(B). 

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1 ‘‘(3) FUNDS FOR SCHOOL TURNAROUND

2 GRANTS.— 

3 ‘‘(A) IN GENERAL.— 

4 ‘‘(i) GRANTS AUTHORIZED.—The Sec5 retary shall award grants to States, the 

6 Bureau of Indian Education of the Depart7 ment of the Interior, and outlying areas 

8 from allotments made under clause (ii) to 

9 carry out activities consistent with this 

10 paragraph. 

11 ‘‘(ii) ALLOTMENTS.—From the total 

12 amount appropriated under section 

13 1002(b) for a fiscal year, the Secretary 

14 shall allot to each State, the Bureau of In15 dian Education of the Department of the 

16 Interior, and each outlying area for such 

17 fiscal year, an amount that bears the same 

18 relationship to such total amount as the 

19 amount such State, the Bureau of Indian 

20 Education of the Department of the Inte21 rior, or such outlying area received under 

22 this part for the most recent preceding 

23 year for which the data are available bears 

24 to the amount received by all such States, 

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1 partment of the Interior, and all such out2 lying areas under this part for such most 

3 recent preceding fiscal year. 

4 ‘‘(B) USE OF GRANT FUNDS.— 

5 ‘‘(i) RESERVATION.—A State edu6 cational agency that receives a grant under 

7 subparagraph (A) shall use not less than 

8 95 percent of the grant funds to make 

9 competitive subgrants to local educational 

10 agencies under subparagraph (C) to carry 

11 out the purpose of this paragraph, except 

12 that a State educational agency may re13 serve from this amount such additional 

14 funds as are necessary to implement a 

15 school turnaround strategy in a school that 

16 has been taken over by the State edu17 cational agency as long as such funds are 

18 similar to the amounts awarded through 

19 competitive grants under this paragraph to 

20 other local educational agencies. 

21 ‘‘(ii) ACTIVITIES.—A State edu22 cational agency shall use any portion of its 

23 grant funds that it does not use under 

24 clause (i) to carry out activities to support 

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1 school and local educational agency im2 provements. These activities may include— 

3 ‘‘(I) providing technical assist4 ance and other support to local edu5 cational agencies; and 

6 ‘‘(II) evaluating State and local 

7 implementation of school turnaround 

8 strategies and other improvement ac9 tivities, and using the results to im10 prove strategies for supporting and 

11 providing flexibility for identified 

12 schools. 

13 ‘‘(C) SUBGRANTS TO LOCAL EDUCATIONAL

14 AGENCIES.— 

15 ‘‘(i) IN GENERAL.—From the funds 

16 available under subparagraph (B)(i), a 

17 State educational agency shall make sub18 grants, on a competitive basis, to local edu19 cational agencies that serve a school identi20 fied under subsection (a)(1)(B). 

21 ‘‘(ii) DURATION.—The State edu22 cational agency shall award subgrants 

23 under this paragraph for a period of not 

24 more than 5 years. 

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1 ‘‘(iii) CRITERIA.—Subgrants awarded 

2 under this paragraph shall be of sufficient 

3 size to enable a local educational agency to 

4 effectively implement the selected interven5 tion strategy. 

6 ‘‘(D) APPLICATION.—In order to receive a 

7 subgrant under this paragraph, a local edu8 cational agency shall submit an application to a 

9 State educational agency at such time, in such 

10 form, and including such information as the 

11 State educational agency may require. Each ap12 plication shall include, at a minimum— 

13 ‘‘(i) a description of the process the 

14 local educational agency has used for se15 lecting an appropriate school turnaround 

16 strategy for each school to be served, in17 cluding how the local educational agency 

18 has analyzed the needs of each such school; 

19 ‘‘(ii) the school turnaround strategy to 

20 be used in each school to be served and the 

21 timeline for implementing the selected 

22 school turnaround strategy in each school 

23 to be served; 

24 ‘‘(iii) a detailed budget covering the 

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1 tures at the school level for activities sup2 porting full and effective implementation of 

3 the selected school turnaround strategy; 

4 ‘‘(iv) a description of how the local 

5 educational agency will— 

6 ‘‘(I) design and implement a 

7 school turnaround strategy consistent 

8 with the requirements of the strategy 

9 selected under paragraph (1), includ10 ing the use of appropriate measures 

11 to monitor the effectiveness of imple12 mentation; 

13 ‘‘(II) align other Federal, State, 

14 and local resources with the turn15 around strategy; 

16 ‘‘(III) modify practices and poli17 cies, if necessary, to provide oper18 ational flexibility that enables full and 

19 effective implementation of the se20 lected school turnaround strategy; 

21 ‘‘(IV) collect and use data on an 

22 ongoing basis to adjust implementa23 tion of the school turnaround strategy 

24 during implementation in order to im25 prove student academic achievement; 

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1 ‘‘(V) ensure that the implementa2 tion of the school turnaround strategy 

3 meets the needs of each category of 

4 students described in subclauses (I) 

5 through (IV) of section 

6 1111(b)(2)(B)(viii); and 

7 ‘‘(VI) sustain successful reforms 

8 and practices after the funding period 

9 ends; 

10 ‘‘(v) a description of the technical as11 sistance and other support that the local 

12 educational agency will provide to ensure 

13 effective implementation of school turn14 around strategies in identified schools; and 

15 ‘‘(vi) an assurance that each school 

16 the local educational agency proposes to 

17 serve will receive all of the State and local 

18 funds it would have received in the absence 

19 of funds received under this paragraph. 

20 ‘‘(E) LOCAL ACTIVITIES.—A local edu21 cational agency that receives a subgrant under 

22 this section— 

23 ‘‘(i) shall use the subgrant funds to 

24 implement a school turnaround strategy in 

25 schools identified under subsection 

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1 (a)(1)(B) that consists of 1 or more of the 

2 strategy models described in paragraph 

3 (1); and 

4 ‘‘(ii) may use the subgrant funds to 

5 carry out local educational agency-level ac6 tivities that directly support the implemen7 tation of the school turnaround strategy 

8 selected for implementation, such as— 

9 ‘‘(I) carrying out pre-implemen10 tation activities at the school or local 

11 educational agency level during the 

12 school year prior to school year in 

13 which the agency will fully implement 

14 the school turnaround strategy; 

15 ‘‘(II) recruiting effective teachers 

16 and principals for such schools; 

17 ‘‘(III) developing teacher and 

18 principal evaluation systems con19 sistent with the requirements of part 

20 A of title II; or 

21 ‘‘(IV) providing supplemental 

22 educational services to eligible chil23 dren identified as being most at risk 

24 of academic failure. 

25 ‘‘(4) FUNDS FOR TRANSPORTATION.— 

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1 ‘‘(A) IN GENERAL.—Unless a lesser 

2 amount is needed to comply with paragraph 

3 (2)(E), a local educational agency shall spend 

4 an amount equal to 5 percent of its allocation 

5 under subpart 2 to carry out the transportation 

6 requirements under such paragraph. 

7 ‘‘(B) TOTAL AMOUNT.—The total amount 

8 described in subparagraph (A) is the maximum 

9 amount the local educational agency shall be re10 quired to spend under this part on the trans11 portation requirements under paragraph (2)(E). 

12 ‘‘(C) INSUFFICIENT FUNDS.—If the 

13 amount of funds available under subparagraph 

14 (A) to provide transportation services under 

15 paragraph (2)(E) is insufficient to provide serv16 ices to each child whose parents request the 

17 services, the local educational agency shall give 

18 priority to providing the services to the lowest19 achieving children. 

20 ‘‘SEC. 1115. SCHOOL SUPPORT AND RECOGNITION. 

21 ‘‘(a) SYSTEM FOR SUPPORT.— 

22 ‘‘(1) IN GENERAL.—Each State may establish a 

23 statewide system to identify schools and local edu24 cational agencies that receive funds under this title 

25 and that deserve recognition for improving student 

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1 achievement or need assistance to improve student 

2 achievement. 

3 ‘‘(2) STATEWIDE SYSTEM FOR RECOGNITION.— 

4 In order to achieve the purpose described in para5 graph (1), the statewide system for recognition may 

6 include the following approaches: 

7 ‘‘(A) Establishing a program for making 

8 academic achievement awards to recognize 

9 schools that make significant progress in im10 proving student academic achievement, as de11 termined by the State. 

12 ‘‘(B) Sharing best practices from schools 

13 identified under this section with schools that 

14 have low student achievement or significant 

15 gaps in achievement among categories of stu16 dents described in subclauses (I) through (IV) 

17 of section 1111(b)(2)(B)(viii). 

18 ‘‘(C) Identifying the practices described in 

19 subparagraph (B). 

20 ‘‘(D) Other strategies identified by the 

21 State as appropriate. 

22 ‘‘(3) STATEWIDE SYSTEM OF SUPPORT.—In 

23 order to achieve the purpose described in paragraph 

24 (1), the statewide system of support may include the 

25 following approaches: 

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1 ‘‘(A) Providing technical assistance and fi2 nancial support to improve the capacity of local 

3 educational agencies to improve student 

4 achievement. 

5 ‘‘(B) Establishing a program for identi6 fying schools and local educational agencies 

7 with significant challenges in improving student 

8 achievement and providing assistance on devel9 oping strategies to address such challenges. 

10 ‘‘(C) Other strategies identified by the 

11 State as appropriate. 

12 ‘‘(b) FUNDING.—Each State may use State adminis13 trative funds authorized under section 1003(a) for the 

14 purposes of this section. 

15 ‘‘SEC. 1117. RESERVED.’’; 

16 and 

17 (2) by striking section 1119 and inserting the 

18 following: 

19 ‘‘SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARA20 PROFESSIONALS. 

21 ‘‘(a) TEACHERS.—Each local educational agency re22 ceiving assistance under this part shall ensure that all 

23 teachers working in a program supported with funds 

24 under this part meet applicable State certification and li25 censure requirements. 

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1 ‘‘(b) PARAPROFESSIONALS.— 

2 ‘‘(1) IN GENERAL.—Each local educational 

3 agency receiving assistance under this part shall en4 sure that all paraprofessionals hired after the date 

5 of enactment of the No Child Left Behind Act of 

6 2001 (Public Law 107–110) and working in a pro7 gram supported with funds under this part have— 

8 ‘‘(A) completed not less than 2 years of 

9 study at an institution of higher education; 

10 ‘‘(B) obtained an associate’s (or higher) 

11 degree; or 

12 ‘‘(C) met a rigorous standard of quality 

13 and can demonstrate, through a formal State or 

14 local academic assessment— 

15 ‘‘(i) knowledge of, and the ability to 

16 assist in, instructing, reading, writing, and 

17 mathematics; or 

18 ‘‘(ii) knowledge of, and the ability to 

19 assist in, reading readiness, writing readi20 ness, and mathematics readiness, as appro21 priate. 

22 ‘‘(2) CLARIFICATION.—The receipt of a sec23 ondary school diploma (or its recognized equivalent) 

24 shall be necessary but not sufficient to satisfy the 

25 requirements of paragraph (1)(C). 

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1 ‘‘(c) EXCEPTIONS FOR TRANSLATION AND PARENTAL

2 INVOLVEMENT ACTIVITIES.—Subsection (b) shall not 

3 apply to a paraprofessional— 

4 ‘‘(1) who is proficient in English and a lan5 guage other than English and who provides services 

6 primarily to enhance the participation of children in 

7 programs under this part by acting as a translator; 

8 or 

9 ‘‘(2) whose duties consist solely of conducting 

10 parental involvement activities consistent with sec11 tion 1118. 

12 ‘‘(d) DUTIES OF PARAPROFESSIONALS.— 

13 ‘‘(1) IN GENERAL.—Each local educational 

14 agency receiving assistance under this part shall en15 sure that a paraprofessional working in a program 

16 supported with funds under this part is not assigned 

17 a duty inconsistent with this subsection. 

18 ‘‘(2) LIMITATIONS.—A paraprofessional de19 scribed in paragraph (1) may only provide instruc20 tional service to a student under the direct super21 vision of a teacher or principal. 

22 ‘‘(3) RESPONSIBILITIES PARAPROFESSIONALS

23 MAY BE ASSIGNED.—A paraprofessional described in 

24 paragraph (1) may be assigned— 

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1 ‘‘(3) RESPONSIBILITIES PARAPROFESSIONALS

2 MAY BE ASSIGNED.—A paraprofessional described in 

3 paragraph (1) may be assigned— 

4 ‘‘(A) to provide one-on-one tutoring for eli5 gible students, if the tutoring is scheduled at a 

6 time when a student would not otherwise re7 ceive instruction from a teacher; 

8 ‘‘(B) to assist with classroom management, 

9 such as organizing instructional and other ma10 terials; 

11 ‘‘(C) to provide assistance in a computer 

12 laboratory; 

13 ‘‘(D) to conduct parental involvement ac14 tivities; 

15 ‘‘(E) to provide support in a library or 

16 media center; 

17 ‘‘(F) to act as a translator; or 

18 ‘‘(G) to provide instructional services to 

19 students in accordance with paragraph (2).’’. 

20 TITLE II—ACADEMIC 

21 ASSESSMENTS 

22 SEC. 201. ACADEMIC ASSESSMENTS. 

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

24 to read as follows: 

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1 ‘‘PART B—ACADEMIC ASSESSMENTS 

2 ‘‘SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RE3 LATED ACTIVITIES. 

4 ‘‘The Secretary shall make grants to States to enable 

5 the States to carry out the following: 

6 ‘‘(1) To pay the costs of the development of the 

7 additional State assessments and standards required 

8 by section 1111(b), which may include the costs of 

9 working in voluntary partnerships with other States, 

10 at the sole discretion of each such State. 

11 ‘‘(2) If a State has developed the assessments 

12 required by section 1111(b), to administer those as13 sessments or to carry out other activities described 

14 in this part and other activities related to ensuring 

15 that the State’s schools and local educational agen16 cies are held accountable for results, such as the fol17 lowing: 

18 ‘‘(A) Expanding the range of appropriate 

19 accommodations available to English language 

20 learners and students with disabilities to im21 prove the rates of inclusion in regular assess22 ments of such students, including professional 

23 development activities to improve the implemen24 tation of such accommodations in instructional 

25 practice. 

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1 ‘‘(B) Developing or improving assessments 

2 for students with disabilities, including the de3 velopment of assessments— 

4 ‘‘(i) for all students, including stu5 dents with disabilities, using the principles 

6 of universal design; 

7 ‘‘(ii) aligned to modified State content 

8 standards; and 

9 ‘‘(iii) aligned to alternate State con10 tent standards for students with the most 

11 significant cognitive disabilities. 

12 ‘‘(C) Developing college and career ready 

13 State academic content and student academic 

14 achievement standards and aligned assessments 

15 in academic subjects for which standards and 

16 assessments are not required by section 

17 1111(b). 

18 ‘‘(D) Developing or improving assessments 

19 of English language proficiency necessary to 

20 comply with section 1111(b)(2)(B)(vi)(IV). 

21 ‘‘(E) Ensuring the continued validity and 

22 reliability of State assessments. 

23 ‘‘(F) Refining State assessments to ensure 

24 their continued alignment with the State’s aca25 demic content standards and to improve the 

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1 alignment of curricula and instructional mate2 rials. 

3 ‘‘SEC. 1202. GRANTS FOR ENHANCED ASSESSMENT INSTRU4 MENTS. 

5 ‘‘(a) GRANT PROGRAM AUTHORIZED.— 

6 ‘‘(1) IN GENERAL.—From funds made available 

7 to carry out this part, the Secretary shall award, on 

8 a competitive basis, grants to State educational 

9 agencies to enable the agencies to carry out the ac10 tivities described in this section. 

11 ‘‘(2) APPLICATION.—A State educational agen12 cy that desires to receive a grant under this section 

13 shall submit an application to the Secretary at such 

14 time, in such manner, and containing such informa15 tion as the Secretary may require. 

16 ‘‘(3) AWARD OF GRANTS.—The Secretary shall 

17 award grants to State educational agencies whose 

18 applications demonstrate, to the satisfaction of the 

19 Secretary, that the following requirements of this 

20 section will be met: 

21 ‘‘(A) Developing or improving assessments 

22 for students with disabilities, including the de23 velopment of assessments— 

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1 ‘‘(i) for all students, including stu2 dents with disabilities, using the principles 

3 of universal design; 

4 ‘‘(ii) aligned to modified State content 

5 standards; and 

6 ‘‘(iii) aligned to alternate State con7 tent standards for students with the most 

8 significant cognitive disabilities. 

9 ‘‘(B) Collaborating with institutions of 

10 higher education, other research institutions, or 

11 other organizations to improve the quality, va12 lidity, and reliability of State academic assess13 ments. 

14 ‘‘(C) Measuring student academic achieve15 ment using multiple measures of student aca16 demic achievement from multiple sources. 

17 ‘‘(D) Measuring student progress or aca18 demic growth over time. 

19 ‘‘(E) Evaluating student academic achieve20 ment through the development of comprehensive 

21 academic assessment instruments, such as per22 formance and technology-based academic as23 sessments. 

24 ‘‘(F) Developing or improving the quality, 

25 validity, and reliability of assessments for 

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1 English language learners, including alternative 

2 assessments aligned with State content stand3 ards, testing accommodations for English lan4 guage learners, and assessments of English lan5 guage proficiency. 

6 ‘‘(b) ANNUAL REPORT.—Each State educational 

7 agency receiving a grant under this section shall submit 

8 an annual report to the Secretary describing its activities, 

9 and the result of those activities, under the grant. 

10 ‘‘SEC. 1203. FUNDING. 

11 ‘‘(a) ALLOTMENT OF APPROPRIATED FUNDS.— 

12 ‘‘(1) IN GENERAL.—From amounts made avail13 able for each fiscal year under subsection 1002(c) 

14 that are equal to or less than the amount described 

15 in section 1111(b)(2)(F) (referred to in this sub16 section as the ‘trigger amount’), the Secretary 

17 shall— 

18 ‘‘(A) reserve one-half of 1 percent for the 

19 Bureau of Indian Affairs; 

20 ‘‘(B) reserve one-half of 1 percent for the 

21 outlying areas; and 

22 ‘‘(C) from the remainder, allocate to each 

23 State an amount equal to— 

24 ‘‘(i) $3,000,000; and 

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1 ‘‘(ii) with respect to any amounts re2 maining after the allocation is made under 

3 clause (i), an amount that bears the same 

4 relationship to such total remaining 

5 amounts as the number of students ages 5 

6 through 17 in the State (as determined by 

7 the Secretary on the basis of the most re8 cent satisfactory data) bears to the total 

9 number of such students in all States. 

10 ‘‘(2) REMAINDER.—Any amounts remaining for 

11 a fiscal year after the Secretary carries out para12 graph (1) shall be made available as follows: 

13 ‘‘(A)(i) To award funds under section 1202 

14 to States according to the quality, needs, and 

15 scope of the State application under that sec16 tion. 

17 ‘‘(ii) In determining the grant amount 

18 under clause (i), the Secretary shall ensure that 

19 a State’s grant shall include an amount that 

20 bears the same relationship to the total funds 

21 available under this paragraph for the fiscal 

22 year as the number of students ages 5 through 

23 17 in the State (as determined by the Secretary 

24 on the basis of the most recent satisfactory 

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1 data) bears to the total number of such stu2 dents in all States. 

3 ‘‘(B) Any amounts remaining after the 

4 Secretary awards funds under subparagraph 

5 (A) shall be allocated to each State that did not 

6 receive a grant under such subparagraph, in an 

7 amount that bears the same relationship to the 

8 total funds available under this subparagraph 

9 as the number of students ages 5 through 17 

10 in the State (as determined by the Secretary on 

11 the basis of the most recent satisfactory data) 

12 bears to the total number of such students in 

13 all States. 

14 ‘‘(3) PRIORITY.—The Secretary shall give pri15 ority to States that propose to conduct activities 

16 consistent with section 1202(a)(3)(A). 

17 ‘‘(b) STATE DEFINED.—In this section, the term 

18 ‘State’ means each of the 50 States, the District of Colum19 bia, and the Commonwealth of Puerto Rico.’’. 

20 TITLE III—NATIONAL 

21 ASSESSMENT OF TITLE I 

22 SEC. 301. EVALUATIONS. 

23 Section 1501 (20 U.S.C. 6491) is amended— 

24 (1) in subsection (a)— 

25 (A) in paragraph (2)— 

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1 (i) in subparagraph (A), by striking 

2 ‘‘relative to the goal of all students reach3 ing the proficient level of achievement 

4 based on State academic assessments, 

5 challenging State academic content stand6 ards, and challenging State student aca7 demic achievement standards under section 

8 1111.’’ and inserting ‘‘so that all students 

9 are prepared to graduate from high school 

10 ready to enter college or a career without 

11 the need for academic remediation’’; 

12 (ii) by striking subparagraphs (D), 

13 (F), and (G); 

14 (iii) by redesignating subparagraphs 

15 (E), (H), (I), (J), (K), (L), (M), (N), and 

16 (O), as subparagraphs (D), (E), (F), (G), 

17 (H), (I), (J), (K), and (L), respectively; 

18 (iv) in subparagraph (D), as redesig19 nated by clause (iii)— 

20 (I) in clause (iii), by adding 

21 ‘‘and’’ after the semicolon; 

22 (II) in clause (iv), by striking ‘‘; 

23 and’’ and inserting a period; and 

24 (III) by striking clause (v); 

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1 (v) by striking subparagraph (F), as 

2 redesignated by clause (iii), and inserting 

3 the following: 

4 ‘‘(G) The extent to which actions author5 ized under section 1114(c) are implemented by 

6 State educational agencies and local educational 

7 agencies to improve the academic achievement 

8 of students in low-performing schools, and the 

9 effectiveness of such actions, including the fol10 lowing: 

11 ‘‘(i) The number of schools identified 

12 under section 1114(a)(1)(B) and how 

13 many years schools remain so identified. 

14 ‘‘(ii) The school turnaround models 

15 implemented by the State educational 

16 agency and the local educational agency 

17 and the impact of such models on improv18 ing student academic achievement and im19 proving school performance. 

20 ‘‘(iii) The number of parents who take 

21 advantage of the public school choice provi22 sions of this title, the costs (including 

23 transportation costs) associated with im24 plementing these provisions, the implemen25 tation of these provisions, and the impact 

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1 of these provisions (including the impact of 

2 attending another school) on student 

3 achievement.’’; and 

4 (vi) in subparagraph (K), as redesig5 nated by clause (iii), by striking ‘‘section 

6 1111(b)(2)(C)(v)(II)’’ and inserting ‘‘sub7 clauses (I) through (IV) of section 

8 1111(b)(2)(B)(viii)’’; and 

9 (B) in paragraph (6)— 

10 (i) in subparagraph (A), by striking 

11 ‘‘the No Child Left Behind Act of 2001’’ 

12 and inserting ‘‘Elementary and Secondary 

13 Education Amendments Act of 2011’’; and 

14 (ii) in subparagraph (B), by striking 

15 ‘‘the No Child Left Behind Act of 2001’’ 

16 and inserting ‘‘Elementary and Secondary 

17 Education Amendments Act of 2011’’; and 

18 (2) in subsection (c)(2)(E), by striking ‘‘section 

19 1116’’ and inserting ‘‘section 1114(c)’’. 

20 SEC. 302. DEMONSTRATIONS OF INNOVATIVE PRACTICES. 

21 Part E of title I (20 U.S.C. 6491 et seq.) is amended 

22 by striking sections 1502 through 1504. 

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1 TITLE IV—GENERAL 

2 PROVISIONS 

3 SEC. 401. GENERAL PROVISIONS. 

4 Title I (20 U.S.C. 6301 et seq.) is amended— 

5 (1) by striking parts F, G, and H; 

6 (2) by striking section 1908; 

7 (3) by redesignating part I as part F; 

8 (4) by redesignating sections 1901 through 

9 1907 as sections 1601 through 1607; and 

10 (5) in section 1604, as redesignated by para11 graph (4), by striking ‘‘6 local educational agencies’’ 

12 and inserting ‘‘25 local educational agencies’’ both 

13 places the term appears. 

14 TITLE V—TRANSFERABILITY OF 

15 FUNDS 

16 SEC. 501. TRANSFERABILITY OF FUNDS. 

17 Section 6123 (20 U.S.C. 7305b) is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (1)— 

20 (i) in the matter preceding subpara21 graph (A), by striking ‘‘not more than 50 

22 percent of the nonadministrative State 

23 funds’’ and inserting ‘‘all, or any lesser 

24 amount, of State funds’’; and 

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1 (ii) by striking subparagraphs (A) 

2 through (D) and inserting the following: 

3 ‘‘(A) Any provision of title II. 

4 ‘‘(B) Any provision of title IV.’’; and 

5 (B) in paragraph (2), by striking ‘‘and 

6 subject to the 50 percent limitation described in 

7 paragraph (1)’’; and 

8 (2) in subsection (b)— 

9 (A) in paragraph (1)— 

10 (i) in subparagraph (A), by striking 

11 ‘‘(except’’ and all that follows through 

12 ‘‘subparagraph (C))’’ and inserting ‘‘may 

13 transfer all, or any lesser amount, of the 

14 funds allocated to it’’; 

15 (ii) by striking subparagraph (B); 

16 (iii) by redesignating subparagraph 

17 (C) as subparagraph (B); and 

18 (iv) in subparagraph (B), as redesig19 nated by clause (iii), by striking ‘‘and sub20 ject to the percentage limitation described 

21 in subparagraph (A) or (B), as applica22 ble’’; and 

23 (B) in paragraph (2)— 

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1 (i) by striking ‘‘subparagraph (A), 

2 (B), or (C)’’ and inserting ‘‘subparagraph 

3 (A) or (B)’’; and 

4 (ii) by striking subparagraphs (A) 

5 through (D) and inserting the following: 

6 ‘‘(A) Any provision of title II. 

7 ‘‘(B) Any provision of title IV.’’. 

8 TITLE VI—NATIONAL ASSESS9 MENT OF EDUCATIONAL 

10 PROGRESS 

11 SEC. 601. AUTHORIZATIONS OF APPROPRIATIONS. 

12 Section 305 of the National Assessment of Edu13 cational Progress Authorization Act (20 U.S.C. 9624) is 

14 amended— 

15 (1) by redesignating subsection (b) as sub16 section (c); and 

17 (2) by inserting after subsection (a) the fol18 lowing: 

19 ‘‘(b) STATE ASSESSMENTS.—For the purpose of ad20 ministering the State assessments under this title, there 

21 are authorized to be appropriated $72,000,000 for each 

22 of fiscal years 2012 through 2016.’’. 

Æ 

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