II 

112TH CONGRESS 

1ST SESSION S. 1569 

To amend the Elementary and Secondary Education Act of 1965 to provide 

State educational agencies and local educational agencies with flexible 

Federal education funding that will allow such State and local educational 

agencies to fund locally determined programs and initiatives that meet 

the varied and unique needs of individual States and localities. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2011 

Mr. BURR (for himself, Mr. ALEXANDER, Mr. ISAKSON, Mr. ROBERTS, Mr. 

RUBIO, 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 the Elementary and Secondary Education Act 

of 1965 to provide State educational agencies and local 

educational agencies with flexible Federal education 

funding that will allow such State and local educational 

agencies to fund locally determined programs and initiatives that meet the varied and unique needs of individual 

States and localities. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Empowering Local 

3 Educational Decisionmaking Act of 2011’’. 

4 SEC. 2. FUND FOR THE IMPROVEMENT OF TEACHING AND 

5 LEARNING. 

6 The Elementary and Secondary Education Act of 

7 1965 (20 U.S.C. 6301 et seq.) is amended— 

8 (1) by redesignating subpart 5 of part C of title 

9 II as subpart 3 of part E of title IX and moving 

10 that subpart to follow subpart 2 of part E of title 

11 IX; 

12 (2) by redesignating sections 2361 through 

13 2368 as sections 9541 through 9548, respectively; 

14 (3) by redesignating subpart 4 of part D of title 

15 II as subpart 4 of part E of title IX and moving 

16 that subpart to follow subpart 3 of part E of title 

17 IX; 

18 (4) by redesignating section 2441 as section 

19 9551; 

20 (5) in section 9546(b), as redesignated by para21 graph (2), by striking the matter following para22 graph (2) and inserting the following: 

23 ‘‘(3) A State law that makes a limitation of li24 ability inapplicable if the civil action was brought by 

25 an officer of a State or local government pursuant 

26 to State or local law.’’; and 


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1 (6) by striking title II and inserting the fol2 lowing: 

3 ‘‘TITLE II—FUND FOR THE IM4 PROVEMENT OF TEACHING 

5 AND LEARNING 

6 ‘‘SEC. 2101. PURPOSE. 

7 ‘‘The purpose of this title is to improve student aca8 demic achievement in the core academic subjects by— 

9 ‘‘(1) increasing the capacity of local educational 

10 agencies, schools, teachers, and principals to provide 

11 a well-rounded and complete education for all stu12 dents; 

13 ‘‘(2) increasing the number of teachers and 

14 principals who are effective in increasing student 

15 academic achievement; and 

16 ‘‘(3) ensuring that low-income and minority 

17 students are served by effective teachers and prin18 cipals and have access to a high-quality instructional 

19 program in the core academic subjects. 

20 ‘‘SEC. 2102. DEFINITIONS. 

21 ‘‘In this title: 

22 ‘‘(1) CORE ACADEMIC SUBJECTS.—The term 

23 ‘core academic subjects’ means English, reading or 

24 language arts, writing, science, technology, engineer25 ing, mathematics, foreign languages, civics and govVerDate Mar 15 2010 05:45 Sep 21, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1569.IS S1569

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1 ernment, economics, arts, history, geography, and 

2 physical education. 

3 ‘‘(2) STATE.—The term ‘State’ means each of 

4 the 50 States, the District of Columbia, and the 

5 Commonwealth of Puerto Rico. 

6 ‘‘SEC. 2103. FORMULA GRANTS TO STATES. 

7 ‘‘(a) RESERVATIONS.—From the total amount appro8 priated under section 2109 for any fiscal year, the Sec9 retary shall reserve— 

10 ‘‘(1) not more than 2 percent for national ac11 tivities described in section 2106; 

12 ‘‘(2) one-half of 1 percent for allotments for the 

13 United States Virgin Islands, Guam, American 

14 Samoa, and the Commonwealth of the Northern 

15 Mariana Islands, to be distributed among those out16 lying areas on the basis of their relative need, as de17 termined by the Secretary, in accordance with the 

18 purpose of this title; and 

19 ‘‘(3) one-half of 1 percent for the Secretary of 

20 the Interior for programs under this title in schools 

21 operated or funded by the Bureau of Indian Edu22 cation. 

23 ‘‘(b) STATE ALLOTMENTS.— 

24 ‘‘(1) IN GENERAL.—From the funds appro25 priated under section 2109 for any fiscal year and 


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1 remaining after the Secretary makes reservations 

2 under subsection (a), the Secretary shall allot to 

3 each of the States the sum of— 

4 ‘‘(A) an amount that bears the same rela5 tionship to 20 percent of the remaining amount 

6 as the number of individuals ages 5 through 17 

7 in the State, as determined by the Secretary on 

8 the basis of the most recent satisfactory data, 

9 bears to the number of those individuals in all 

10 such States, as so determined; and 

11 ‘‘(B) an amount that bears the same rela12 tionship to 80 percent of the remaining amount 

13 as the number of individuals, ages 5 through 17 

14 from families with incomes below the poverty 

15 line, in the State, as determined by the Sec16 retary on the basis of the most recent satisfac17 tory data, bears to the number of those individ18 uals in all such States, as so determined. 

19 ‘‘(2) SMALL STATE MINIMUM.—No State receiv20 ing an allotment under paragraph (1) may receive 

21 less than one-half of 1 percent of the total amount 

22 allotted under such paragraph. 

23 ‘‘(3) REALLOTMENT.—If a State does not re24 ceive an allotment under this title for a fiscal year, 

25 the Secretary shall reallot the amount of the State’s 


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1 allotment to the remaining States in accordance with 

2 this section. 

3 ‘‘(c) STATE USE OF FUNDS.— 

4 ‘‘(1) IN GENERAL.—Each State that receives an 

5 allotment under this section shall reserve not less 

6 than 95 percent of the amount allotted to such State 

7 under subsection (b), for each fiscal year, for sub8 grants to local educational agencies under section 

9 2104. 

10 ‘‘(2) STATE ADMINISTRATION.—A State edu11 cational agency may use not more than 1 percent of 

12 the amount made available to the State under sub13 section (b) for the administrative costs of carrying 

14 out such State educational agency’s responsibilities 

15 under this title. 

16 ‘‘(3) STATE ACTIVITIES.—A State educational 

17 agency may use the amount made available to the 

18 State under subsection (b) and not reserved under 

19 paragraph (1) to carry out the following activities: 

20 ‘‘(A) Developing and implementing rig21 orous, transparent, and fair evaluation systems 

22 for teachers and principals that take into ac23 count data on student academic achievement 

24 and growth as a significant factor. 


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1 ‘‘(B) Reforming teacher and principal cer2 tification, recertification, licensing, and tenure 

3 systems to ensure that— 

4 ‘‘(i) each teacher has the subject mat5 ter knowledge and teaching skills necessary 

6 to help students meet challenging State 

7 standards; and 

8 ‘‘(ii) principals have the instructional 

9 leadership skills to help teachers teach and 

10 students learn. 

11 ‘‘(C) Carrying out programs that establish, 

12 expand, or improve alternative routes for State 

13 certification or licensure of teachers and prin14 cipals, including such programs for— 

15 ‘‘(i) mid-career professionals from 

16 other occupations; 

17 ‘‘(ii) former military personnel; and 

18 ‘‘(iii) recent graduates of an institu19 tion of higher education, with a record of 

20 academic distinction, who demonstrate the 

21 potential to become effective teachers or 

22 principals. 

23 ‘‘(D) Developing, or assisting local edu24 cational agencies in developing— 


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1 ‘‘(i) performance-based pay systems 

2 for teachers and principals; 

3 ‘‘(ii) strategies that provide differen4 tial, incentive, and bonus pay for teachers 

5 in high-need academic subjects and spe6 cialty areas, and teachers in high-poverty 

7 schools or high-poverty local educational 

8 agencies; or 

9 ‘‘(iii) teacher advancement initiatives 

10 that promote professional growth and em11 phasize multiple career paths and pay dif12 ferentiation. 

13 ‘‘(E) Developing, or assisting local edu14 cational agencies in developing, new teacher and 

15 principal induction and mentoring programs 

16 that are designed to— 

17 ‘‘(i) improve instruction and student 

18 learning and achievement; and 

19 ‘‘(ii) increase the retention of effective 

20 teachers and principals. 

21 ‘‘(F) Providing high-quality professional 

22 development for teachers and principals that is 

23 focused on improving teaching and student 

24 learning and achievement in the core academic 

25 subjects. 


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1 ‘‘(G) Supporting efforts to train teachers 

2 and principals to effectively integrate tech3 nology into curricula and instruction. 

4 ‘‘(H) Providing training, technical assist5 ance, and capacity building to local educational 

6 agencies that receive a subgrant under this 

7 title. 

8 ‘‘(I) Other activities identified by the State 

9 that meet the purpose of this title. 

10 ‘‘(d) STATE APPLICATION.— 

11 ‘‘(1) IN GENERAL.—In order to receive an allot12 ment under this section for any fiscal year, a State 

13 shall submit an application to the Secretary, at such 

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

16 ‘‘(2) CONTENTS.—Each application described 

17 under paragraph (1) shall include the following: 

18 ‘‘(A) A description of how the State edu19 cational agency will use funds received under 

20 this title for State-level activities described in 

21 subsection (c)(3). 

22 ‘‘(B) An assurance that the State edu23 cational agency will monitor the implementation 

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1 nical assistance to local educational agencies in 

2 carrying out such activities. 

3 ‘‘(C) An assurance that, apart from pro4 viding technical and advisory assistance and 

5 monitoring compliance with this title, the State 

6 educational agency has not exercised, and will 

7 not exercise, any influence in the decision8 making processes of local educational agencies 

9 as to the expenditure of funds made pursuant 

10 to an application submitted under section 2104. 

11 ‘‘SEC. 2104. SUBGRANTS TO LOCAL EDUCATIONAL AGEN12 CIES. 

13 ‘‘(a) ALLOCATIONS TO LOCAL EDUCATIONAL AGEN14 CIES.— 

15 ‘‘(1) IN GENERAL.—A State that receives an al16 lotment under this title for a fiscal year shall provide 

17 the amount made available under section 2103(c)(1) 

18 for subgrants to local educational agencies in accord19 ance with this section. 

20 ‘‘(2) FUNDS TO LOCAL EDUCATIONAL AGEN21 CIES.—From the funds reserved by a State under 

22 section 2103(c)(1), the State shall allocate to each 

23 local educational agency in the State the sum of— 

24 ‘‘(A) an amount that bears the same rela25 tionship to 20 percent of the remaining amount 


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1 as the number of individuals ages 5 through 17 

2 in the geographic area served by the local edu3 cational agency, as determined by the Secretary 

4 on the basis of the most recent satisfactory 

5 data, bears to the number of those individuals 

6 in the geographic areas served by all the local 

7 educational agencies in the State, as so deter8 mined; and 

9 ‘‘(B) an amount that bears the same rela10 tionship to 80 percent of the remaining amount 

11 as the number of individuals ages 5 through 17 

12 from families with incomes below the poverty 

13 line in the geographic area served by the local 

14 educational agency, as determined by the Sec15 retary on the basis of the most recent satisfac16 tory data, bears to the number of those individ17 uals in the geographic areas served by all the 

18 local educational agencies in the State, as so 

19 determined. 

20 ‘‘(3) ADMINISTRATIVE COSTS.—Of the amount 

21 received under paragraph (2), a local educational 

22 agency may use not more than 2 percent for the di23 rect administrative costs of carrying out its respon24 sibilities under this title. 

25 ‘‘(b) LOCAL APPLICATIONS.— 


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1 ‘‘(1) IN GENERAL.—To be eligible to receive a 

2 subgrant under this section, a local educational 

3 agency shall submit an application to the State edu4 cational agency at such time, in such manner, and 

5 containing such information as the State educational 

6 agency may reasonably require. 

7 ‘‘(2) CONSULTATION.— 

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

9 agency shall conduct the needs assessment de10 scribed in paragraph (3), and develop its appli11 cation, through consultation with teachers, prin12 cipals, pupil services personnel, parents, stu13 dents, community-based organizations, local 

14 government representatives, and others with 

15 relevant and demonstrated expertise in pro16 grams and activities designed to meet the pur17 pose of this title. 

18 ‘‘(B) CONTINUED CONSULTATION.—On an 

19 ongoing basis, the local educational agency shall 

20 consult with the individuals and organizations 

21 described in subparagraph (A) in order to seek 

22 advice regarding how best to improve the local 

23 educational agency’s activities to meet the pur24 pose of this title and to coordinate the local 

25 educational agency’s activities under this title 


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1 with other related strategies, programs, and ac2 tivities being conducted in the community. 

3 ‘‘(3) NEEDS ASSESSMENT.— 

4 ‘‘(A) IN GENERAL.—To be eligible to re5 ceive a subgrant under this section, a local edu6 cational agency shall conduct a comprehensive 

7 needs assessment of the local educational agen8 cy and of all schools within the jurisdiction of 

9 the local educational agency. 

10 ‘‘(B) REQUIREMENTS.—Such needs assess11 ment shall be designed to determine the schools 

12 with the most acute staffing needs related to— 

13 ‘‘(i) increasing the number of teachers 

14 and principals who are effective in improv15 ing student academic achievement; and 

16 ‘‘(ii) ensuring that low-income and mi17 nority students are served by effective 

18 teachers and principals and have access to 

19 a high-quality instructional program in the 

20 core academic subjects. 

21 ‘‘(4) CONTENTS.—Each application submitted 

22 under this subsection shall be based on the needs as23 sessment described in paragraph (3) and shall in24 clude the following: 


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1 ‘‘(A) The results of the needs assessment 

2 described in paragraph (3) and an identification 

3 of each school that will be served through a 

4 subgrant under this section. 

5 ‘‘(B) A description of the activities to be 

6 carried out by the local educational agency 

7 under this section and how these activities are 

8 aligned with the results of such needs assess9 ment. 

10 ‘‘(C) A description of the performance in11 dicators that will be used to evaluate the effec12 tiveness of the activities carried out under this 

13 section. 

14 ‘‘(D) An assurance that such activities will 

15 comply with the principles of effectiveness de16 scribed in section 2105(b). 

17 ‘‘(E) An assurance that the local edu18 cational agency will prioritize funds to schools 

19 within the jurisdiction of the local educational 

20 agency that— 

21 ‘‘(i)(I) are among the schools with the 

22 greatest needs as identified through the 

23 needs assessment described in paragraph 

24 (3); and 


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1 ‘‘(II) have the highest percentages or 

2 numbers of children counted under section 

3 1124(c); or 

4 ‘‘(ii) are identified for school improve5 ment under section 1116. 

6 ‘‘(F) An assurance that the local edu7 cational agency will comply with section 9501 

8 (regarding participation by private school chil9 dren and teachers). 

10 ‘‘SEC. 2105. LOCAL EDUCATIONAL AGENCY AUTHORIZED 

11 ACTIVITIES. 

12 ‘‘(a) IN GENERAL.—Local educational agencies shall 

13 use funds made available under section 2104 to develop, 

14 implement, and evaluate comprehensive programs and ac15 tivities, which are coordinated with other school and com16 munity-based services and programs, that are in accord17 ance with the purpose of this title and— 

18 ‘‘(1) are consistent with the principles of effec19 tiveness described in subsection (b); and 

20 ‘‘(2) may include, among other programs and 

21 activities— 

22 ‘‘(A) developing and implementing rig23 orous, transparent, and fair evaluation systems 

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1 count data on student academic achievement 

2 and growth as a significant factor; 

3 ‘‘(B) developing and implementing initia4 tives to assist in recruiting, hiring, and retain5 ing highly effective teachers and principals, par6 ticularly in high-poverty schools with high per7 centages of ineffective teachers and high per8 centages of students who do not meet proficient 

9 levels of achievement in the core academic sub10 jects, including initiatives that provide— 

11 ‘‘(i) differential, incentive, or bonus 

12 pay for teachers in high-need academic 

13 subject areas and specialty areas; 

14 ‘‘(ii) performance-based pay systems 

15 for teachers and principals; 

16 ‘‘(iii) teacher advancement, profes17 sional growth, and emphasis on multiple 

18 career paths and pay differentiation; and 

19 ‘‘(iv) new teacher and principal induc20 tion and mentoring programs that are de21 signed to improve instruction, student 

22 learning and achievement, and to increase 

23 teacher and principal retention; 

24 ‘‘(C) recruiting qualified individuals from 

25 other fields, including mid-career professionals 


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1 from other occupations, former military per2 sonnel, and recent graduates of an institution 

3 of higher education with a record of academic 

4 distinction who demonstrate the potential to be5 come highly effective teachers or principals; 

6 ‘‘(D) establishing, improving, or expanding 

7 model instructional programs in the core aca8 demic subjects to ensure that all children re9 ceive a well-rounded and complete education; 

10 ‘‘(E) providing high-quality professional 

11 development for teachers and principals focused 

12 on improving teaching and student learning and 

13 achievement in the core academic subjects, in14 cluding supporting efforts to train teachers and 

15 principals to effectively integrate technology 

16 into curricula and instruction; 

17 ‘‘(F) programs and activities that increase 

18 the ability of teachers and other school per19 sonnel to implement positive behavioral inter20 ventions and supports and early intervening 

21 services to improve academic achievement and 

22 reduce student disciplinary actions; 

23 ‘‘(G) providing students with increased ac24 cess to up-to-date school library materials, a 

25 well-equipped, technologically advanced school 


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1 library media center, and well-trained profes2 sionally certified school library media special3 ists; 

4 ‘‘(H) programs and activities to help stu5 dents prepare for postsecondary level 

6 coursework in the core academic subjects, in7 cluding early college or dual enrollment pro8 grams, Advanced Placement and International 

9 Baccalaureate programs, and other advanced 

10 learning programs, including programs to meet 

11 the educational needs of gifted and talented 

12 students; 

13 ‘‘(I) programs that support extended learn14 ing opportunities in the core academic subjects, 

15 including before and after school programs, 

16 summer school programs, and programs that 

17 extend the school day, week, or school-year cal18 endar; 

19 ‘‘(J) recruiting effective teachers to reduce 

20 class size, particularly for the early grades; and 

21 ‘‘(K) other activities and programs identi22 fied as necessary by the local educational agen23 cy through the needs assessment conducted 

24 under section 2104(b)(3) that meet the purpose 

25 of this title. 


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1 ‘‘(b) PRINCIPLES OF EFFECTIVENESS.— 

2 ‘‘(1) IN GENERAL.—For a program or activity 

3 developed pursuant to this title to meet the prin4 ciples of effectiveness, such program or activity 

5 shall— 

6 ‘‘(A) be based upon an assessment of ob7 jective data regarding the need for programs 

8 and activities in the elementary schools and sec9 ondary schools to be served to— 

10 ‘‘(i) increase the number of teachers 

11 and principals who are effective in improv12 ing student academic achievement; and 

13 ‘‘(ii) ensure that low-income and mi14 nority students are served by effective 

15 teachers and principals and have access to 

16 a high-quality instructional program in the 

17 core academic subjects; 

18 ‘‘(B) be based upon an established set of 

19 performance measures aimed at ensuring that 

20 all students receive a high-quality education in 

21 the core academic subjects, taught by effective 

22 teachers, that results in improved student aca23 demic achievement in the elementary schools 

24 and secondary schools to be served by the pro25 gram; 


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1 ‘‘(C) reflect, to the extent practicable, sci2 entifically valid research, or in the absence of a 

3 strong research base, reflect best practices in 

4 the field, that provides evidence that the pro5 gram or activity will improve student academic 

6 achievement in the core academic subjects; and 

7 ‘‘(D) include meaningful and ongoing con8 sultation with and input from teachers, prin9 cipals, and parents, in the development of the 

10 application and administration of the program 

11 or activity. 

12 ‘‘(2) PERIODIC EVALUATION.— 

13 ‘‘(A) IN GENERAL.—The program or activ14 ity shall undergo a periodic evaluation to assess 

15 its progress toward achieving the goal of pro16 viding students with a high-quality education in 

17 the core academic subjects, taught by effective 

18 teachers, that results in improved student aca19 demic achievement. 

20 ‘‘(B) USE OF RESULTS.—The results of 

21 evaluations described under subparagraph (A) 

22 shall be— 

23 ‘‘(i) used to refine, improve, and 

24 strengthen the program or activity, and to 

25 refine the performance measures; and 


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1 ‘‘(ii) made available to the public upon 

2 request, with public notice of such avail3 ability provided. 

4 ‘‘SEC. 2106. NATIONAL ACTIVITIES. 

5 ‘‘(a) TECHNICAL ASSISTANCE AND NATIONAL EVAL6 UATION.—Of the funds reserved by the Secretary under 

7 section 2103(a)(1), the Secretary may carry out directly 

8 or through grants and contracts— 

9 ‘‘(1) technical assistance to States and local 

10 educational agencies carrying out activities under 

11 this title; and 

12 ‘‘(2) national evaluations of activities carried 

13 out by States and local educational agencies under 

14 this title. 

15 ‘‘(b) PROGRAMS OF NATIONAL SIGNIFICANCE.—Of 

16 the funds reserved by the Secretary under section 

17 2103(a)(1), the Secretary may award grants, on a com18 petitive basis, for teacher preparation and professional de19 velopment activities and programs to national nonprofit 

20 organizations with a demonstrated track record of meeting 

21 the purpose of this title. 

22 ‘‘SEC. 2107. SUPPLEMENT, NOT SUPPLANT. 

23 ‘‘Funds made available under this title shall be used 

24 to supplement, and not supplant, non-Federal funds that 


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1 would otherwise be used for activities authorized under 

2 this title. 

3 ‘‘SEC. 2108. PROHIBITION AGAINST FEDERAL MANDATES, 

4 DIRECTION, OR CONTROL. 

5 ‘‘Nothing in this title shall be construed to authorize 

6 the Secretary or any other officer or employee of the Fed7 eral Government to mandate, direct, control, or exercise 

8 any direction or supervision over a State, local educational 

9 agency, or school’s instructional content or materials, cur10 riculum, program of instruction, academic content and 

11 student academic achievement standards, or academic as12 sessments. 

13 ‘‘SEC. 2109. AUTHORIZATION OF APPROPRIATIONS. 

14 ‘‘There are authorized to be appropriated to carry out 

15 this title $3,285,993,842 for each of fiscal years 2012 

16 through 2016.’’. 

17 SEC. 3. SAFE AND HEALTHY STUDENTS. 

18 The Elementary and Secondary Education Act of 

19 1965 (20 U.S.C. 6301 et seq.) is amended— 

20 (1) in title IV (20 U.S.C. 7101)— 

21 (A) by redesignating subpart 3 of part A 

22 as subpart 5 of part E of title IX and moving 

23 that subpart to follow subpart 4 of part E of 

24 title IX; 


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1 (B) by redesignating section 4141 as sec2 tion 9561; 

3 (C) by redesignating section 4155 as sec4 tion 9537 and moving that section so as to fol5 low section 9536; 

6 (D) by redesignating part C as subpart 6 

7 of part E of title IX and moving that subpart 

8 to the end of part E of title IX; and 

9 (E) by redesignating sections 4301, 4302, 

10 4303, and 4304, as sections 9571, 9572, 9573, 

11 and 9574, respectively; and 

12 (2) by striking title IV (20 U.S.C. 7101) and 

13 inserting the following: 

14 ‘‘TITLE IV—SAFE AND HEALTHY 

15 STUDENTS 

16 ‘‘SEC. 4101. PURPOSE. 

17 ‘‘The purpose of this title is to improve students’ 

18 safety, health, and well-being during and after the school 

19 day by— 

20 ‘‘(1) increasing the capacity of local educational 

21 agencies, schools, and local communities to create 

22 safe, healthy, supportive, and drug-free environ23 ments; 

24 ‘‘(2) carrying out programs designed to improve 

25 school safety and promote students’ physical and 


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1 mental health well-being, healthy eating and nutri2 tion, and physical fitness; 

3 ‘‘(3) preventing and reducing substance abuse, 

4 school violence, and bullying; and 

5 ‘‘(4) strengthening parent and community en6 gagement to ensure a healthy, safe, and supportive 

7 school environment. 

8 ‘‘SEC. 4102. DEFINITIONS. 

9 ‘‘In this title: 

10 ‘‘(1) CONTROLLED SUBSTANCE.—The term 

11 ‘controlled substance’ means a drug or other sub12 stance identified under Schedule I, II, III, IV, or V 

13 in section 202(c) of the Controlled Substances Act 

14 (21 U.S.C. 812(c)). 

15 ‘‘(2) DRUG.—The term ‘drug’ includes con16 trolled substances, the illegal use of alcohol or to17 bacco, and the harmful, abusive, or addictive use of 

18 substances, including inhalants and anabolic 

19 steroids. 

20 ‘‘(3) DRUG AND VIOLENCE PREVENTION.—The 

21 term ‘drug and violence prevention’ means— 

22 ‘‘(A) with respect to drugs, prevention, 

23 early intervention, rehabilitation referral, or 

24 education related to the illegal use of drugs; 

25 and 


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1 ‘‘(B) with respect to violence, the pro2 motion of school safety, such that students and 

3 school personnel are free from violent and dis4 ruptive acts, including sexual harassment and 

5 abuse, and victimization associated with preju6 dice and intolerance, on school premises, going 

7 to and from school, and at school-sponsored ac8 tivities, though the creation and maintenance of 

9 a school environment that is free of weapons 

10 and fosters individual responsibility and respect 

11 for the rights of others. 

12 ‘‘(4) SCHOOL-BASED MENTAL HEALTH SERV13 ICES PROVIDER.—The term ‘school-based mental 

14 health services provider’ includes a State licensed or 

15 State certified school counselor, school psychologist, 

16 school social worker, or other State licensed or cer17 tified mental health professional qualified under 

18 State law to provide such services to children and 

19 adolescents. 

20 ‘‘(5) STATE.—The term ‘State’ means each of 

21 the 50 States, the District of Columbia, and the 

22 Commonwealth of Puerto Rico. 


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1 ‘‘SEC. 4103. FORMULA GRANTS TO STATES. 

2 ‘‘(a) RESERVATIONS.—From the total amount appro3 priated under section 4108 for a fiscal year, the Secretary 

4 shall reserve— 

5 ‘‘(1) not more than 1 percent for national ac6 tivities, which the Secretary may carry out directly 

7 or through grants and contracts, such as providing 

8 technical assistance to States and local educational 

9 agencies carrying out activities under this title or 

10 conducting a national evaluation; 

11 ‘‘(2) one-half of 1 percent for allotments for the 

12 United States Virgin Islands, Guam, American 

13 Samoa, and the Commonwealth of the Northern 

14 Mariana Islands, to be distributed among those out15 lying areas on the basis of their relative need, as de16 termined by the Secretary, in accordance with the 

17 purpose of this title; and 

18 ‘‘(3) one-half of 1 percent for the Secretary of 

19 the Interior for programs under this title in schools 

20 operated or funded by the Bureau of Indian Edu21 cation. 

22 ‘‘(b) STATE ALLOTMENTS.— 

23 ‘‘(1) ALLOTMENT.— 

24 ‘‘(A) IN GENERAL.—In accordance with 

25 subparagraph (B), the Secretary shall allot 

26 among each of the States the total amount 


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1 made available to carry out this title for any 

2 fiscal year and not reserved under subsection 

3 (a). 

4 ‘‘(B) DETERMINATION OF STATE ALLOT5 MENT AMOUNTS.—Subject to paragraph (2), 

6 the Secretary shall allot the amount made avail7 able under subparagraph (A) for a fiscal year 

8 among the States in proportion to the number 

9 of children, aged 5 to 17, who reside within the 

10 State and are from families with incomes below 

11 the poverty line for the most recent fiscal year 

12 for which satisfactory data are available, com13 pared to the number of such individuals who re14 side in all such States for that fiscal year. 

15 ‘‘(2) SMALL STATE MINIMUM.—No State receiv16 ing an allotment under paragraph (1) may receive 

17 less than one-half of 1 percent of the total amount 

18 allotted under such paragraph. 

19 ‘‘(3) REALLOTMENT.—If a State does not re20 ceive an allotment under this title for a fiscal year, 

21 the Secretary shall reallot the amount of the State’s 

22 allotment to the remaining States in accordance with 

23 this section. 

24 ‘‘(c) STATE USE OF FUNDS.— 


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1 ‘‘(1) IN GENERAL.—Each State that receives an 

2 allotment under this section shall reserve not less 

3 than 98 percent of the amount allotted to such State 

4 under subsection (b), for each fiscal year for sub5 grants to local educational agencies under section 

6 4104. 

7 ‘‘(2) STATE ADMINISTRATION.—A State edu8 cational agency may use not more than 1 percent of 

9 the amount made available to the State under sub10 section (b) for the administrative costs of carrying 

11 out its responsibilities under this title. 

12 ‘‘(3) STATE ACTIVITIES.—A State educational 

13 agency may use the amount made available to the 

14 State under subsection (b) and not reserved under 

15 paragraph (1) for the following activities: 

16 ‘‘(A) Providing training, technical assist17 ance, and capacity building to local educational 

18 agencies that are recipients of awards under 

19 this title. 

20 ‘‘(B) Other activities identified by the 

21 State that meet the purpose of this title. 

22 ‘‘(d) STATE APPLICATION.— 

23 ‘‘(1) IN GENERAL.—In order to receive an allot24 ment under this section for any fiscal year, a State 

25 shall submit an application to the Secretary, at such 


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1 time, in such manner, and containing such informa2 tion that the Secretary may reasonably require. 

3 ‘‘(2) CONTENTS.—Each application submitted 

4 by a State under this section shall include the fol5 lowing: 

6 ‘‘(A) A description of how the State edu7 cational agency will use funds received under 

8 this title for State-level activities. 

9 ‘‘(B) An assurance that the State edu10 cational agency will monitor the implementation 

11 of activities under this title and provide tech12 nical assistance to local educational agencies in 

13 carrying out such activities. 

14 ‘‘(C) An assurance that, apart from pro15 viding technical and advisory assistance and 

16 monitoring compliance with this title, the State 

17 educational agency has not exercised, and will 

18 not exercise, any influence in the decision19 making processes of local educational agencies 

20 as to the expenditure of funds made pursuant 

21 to an application submitted under section 4104. 

22 ‘‘SEC. 4104. SUBGRANTS TO LOCAL EDUCATIONAL AGEN23 CIES. 

24 ‘‘(a) ALLOCATIONS TO LOCAL EDUCATIONAL AGEN25 CIES.— 


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1 ‘‘(1) IN GENERAL.—A State that receives an al2 lotment under this title for a fiscal year shall provide 

3 the amount made available under section 4103(c)(1) 

4 for subgrants to local educational agencies in accord5 ance with this section. 

6 ‘‘(2) FUNDS TO LOCAL EDUCATIONAL AGEN7 CIES.—From the funds reserved by a State under 

8 section 4103(c)(1), the State shall allocate to each 

9 local educational agency in the State an amount that 

10 bears the same relationship to such funds as the 

11 number of individuals ages 5 to 17 from families 

12 with incomes below the poverty line in the geo13 graphic area served by the agency, as determined by 

14 the Secretary on the basis of the most recent satis15 factory data, bears to the number of such individuals 

16 in the geographic areas served by all the local edu17 cational agencies in the State, as so determined. 

18 ‘‘(3) ADMINISTRATIVE COSTS.—Of the amount 

19 received under paragraph (2), a local educational 

20 agency may use not more than 2 percent for the di21 rect administrative costs of carrying out its respon22 sibilities under this title. 

23 ‘‘(b) LOCAL APPLICATIONS.— 

24 ‘‘(1) IN GENERAL.—To be eligible to receive a 

25 subgrant under this section, a local educational 


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1 agency shall submit an application to the State edu2 cational agency at such time, in such manner, and 

3 containing such information as the State educational 

4 agency may reasonably require. 

5 ‘‘(2) CONSULTATION.— 

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

7 agency shall conduct the needs assessment de8 scribed in paragraph (3), and develop its appli9 cation, through consultation with parents, 

10 teachers, principals, pupil services personnel, 

11 students, community-based organizations, local 

12 government representatives, and others with 

13 relevant and demonstrated expertise in pro14 grams and activities designed to meet the pur15 pose of this title. 

16 ‘‘(B) CONTINUED CONSULTATION.—On an 

17 ongoing basis, the local educational agency shall 

18 consult with the individuals and organizations 

19 described in subparagraph (A) in order to seek 

20 advice regarding how best— 

21 ‘‘(i) to improve the local educational 

22 agency’s activities in order to meet the 

23 purpose of this title; and 

24 ‘‘(ii) to coordinate such agency’s ac25 tivities under this title with other related 


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1 strategies, programs, and activities being 

2 conducted in the community. 

3 ‘‘(3) NEEDS ASSESSMENT.— 

4 ‘‘(A) IN GENERAL.—To be eligible to re5 ceive a subgrant under this section, a local edu6 cational agency shall conduct a comprehensive 

7 needs assessment of the local educational agen8 cy and of all schools within the jurisdiction of 

9 the local educational agency. 

10 ‘‘(B) REQUIREMENTS.—The needs assess11 ment required under subparagraph (A) shall 

12 take into account risk factors of the community, 

13 school, family, or peer-individual domains that 

14 are known, through prospective, longitudinal re15 search efforts, to be predictive of drug use, vio16 lent behavior, and the physical and mental 

17 health and well-being of youth in the school and 

18 community. 

19 ‘‘(4) CONTENTS.—Each application submitted 

20 under this subsection shall be based on the needs as21 sessment described in paragraph (3) and shall in22 clude the following: 

23 ‘‘(A) The results of the needs assessment 

24 described in paragraph (3) and an identification 


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1 of each school that will be served by a subgrant 

2 under this section. 

3 ‘‘(B) A description of the activities to be 

4 carried out by the local educational agency 

5 under this title and how these activities are 

6 aligned with the results of the needs assessment 

7 conducted under paragraph (3). 

8 ‘‘(C) A description of the performance in9 dicators that will be used to evaluate the effec10 tiveness of the activities carried out under this 

11 section. 

12 ‘‘(D) An assurance that the activities will 

13 comply with the principles of effectiveness de14 scribed in section 4105(b), and foster a healthy, 

15 safe, and supportive school environment that 

16 improves students’ safety, health, and well17 being during and after the school day. 

18 ‘‘(E) An assurance that the local edu19 cational agency will prioritize funds to schools 

20 served by the local educational agency that— 

21 ‘‘(i) are among the schools with the 

22 greatest needs as identified through the 

23 needs assessment conducted under para24 graph (3); 


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1 ‘‘(ii) have the highest percentages or 

2 numbers of children counted under section 

3 1124(c); 

4 ‘‘(iii) are identified for school im5 provement under section 1116; or 

6 ‘‘(iv) are identified as a persistently 

7 dangerous public elementary school or sec8 ondary school under section 9532. 

9 ‘‘(F) An assurance that the local edu10 cational agency will comply with section 9501 

11 (regarding participation by private school chil12 dren and teachers). 

13 ‘‘SEC. 4105. LOCAL EDUCATIONAL AGENCY AUTHORIZED 

14 ACTIVITIES. 

15 ‘‘(a) LOCAL EDUCATIONAL AGENCY ACTIVITIES.—A 

16 local educational agency that receives a subgrant under 

17 section 4104 shall use the subgrant funds to develop, im18 plement, and evaluate comprehensive programs and activi19 ties, which are coordinated with other schools and commu20 nity-based services and programs, that are in accordance 

21 with the purpose of this title and— 

22 ‘‘(1) foster safe, healthy, supportive, and drug23 free environments that support student academic 

24 achievement; 


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1 ‘‘(2) are consistent with the principles of effec2 tiveness described in subsection (b); 

3 ‘‘(3) promote the involvement of parents in the 

4 activity or program; and 

5 ‘‘(4) may include, among other programs and 

6 activities— 

7 ‘‘(A) drug and violence prevention activi8 ties and programs, including professional devel9 opment and training for school and pupil serv10 ices personnel, and interested community mem11 bers in prevention, education, early identifica12 tion, and intervention mentoring, or rehabilita13 tion referral, as related to drug and violence 

14 prevention; 

15 ‘‘(B) before and after school programs and 

16 activities, including during summer recess peri17 ods, and programs to extend the school day, 

18 week, or school-year calendar; 

19 ‘‘(C) school-based mental health services, 

20 including early identification of drug use and vi21 olence, and direct individual or group coun22 seling services provided by qualified school23 based mental health services providers; 

24 ‘‘(D) emergency intervention services fol25 lowing traumatic crisis events; 


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1 ‘‘(E) programs that train school personnel 

2 to identify warning signs of youth suicide; 

3 ‘‘(F) mentoring programs and activities for 

4 children who are at risk of academic failure, 

5 dropping out of school, or involvement in crimi6 nal or delinquent activities, or who lack strong 

7 positive role models; 

8 ‘‘(G) elementary school and secondary 

9 school counseling programs; 

10 ‘‘(H) programs or activities that support a 

11 healthy, active lifestyle, including nutritional 

12 education and regular, structured physical edu13 cation programs for elementary school and sec14 ondary school students; 

15 ‘‘(I) implementation of schoolwide positive 

16 behavioral interventions and supports, including 

17 through coordination with similar activities car18 ried out under the Individuals with Disabilities 

19 Education Act; and 

20 ‘‘(J) other activities and programs identi21 fied as necessary by the local educational agen22 cy through the needs assessment conducted 

23 under section 4104(b)(3) that meet the purpose 

24 of this title. 

25 ‘‘(b) PRINCIPLES OF EFFECTIVENESS.— 


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1 ‘‘(1) IN GENERAL.—For a program or activity 

2 developed pursuant to this title to meet the prin3 ciples of effectiveness, such program or activity 

4 shall— 

5 ‘‘(A) be based upon an assessment of ob6 jective data regarding the need for programs 

7 and activities in the elementary schools and sec8 ondary schools and communities to be served 

9 to— 

10 ‘‘(i) improve school safety and pro11 mote students’ physical and mental health 

12 well-being, healthy eating and nutrition, 

13 and physical fitness; and 

14 ‘‘(ii) strengthen parent and commu15 nity engagement to ensure a healthy, safe, 

16 and supportive school environment; 

17 ‘‘(B) be based upon an established set of 

18 performance measures aimed at ensuring a 

19 healthy, safe, and supportive school environ20 ment for students in the elementary schools and 

21 secondary schools and communities to be served 

22 by the program; 

23 ‘‘(C) reflect, to the extent practicable, sci24 entifically valid research, or in the absence of a 

25 strong research base, reflect best practices in 


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1 the field, that provides evidence that the pro2 gram or activity will provide students a healthy, 

3 safe, and supportive school environment; and 

4 ‘‘(D) include meaningful and ongoing con5 sultation with and input from parents in the de6 velopment of the application and administration 

7 of the program or activity. 

8 ‘‘(2) PERIODIC EVALUATION.— 

9 ‘‘(A) IN GENERAL.—The program or activ10 ity shall undergo a periodic evaluation to assess 

11 its progress toward achieving its goal of pro12 viding students a healthy, safe, and supportive 

13 school environment that promotes school safety 

14 and students’ physical and mental health and 

15 well-being, healthy eating and nutrition, and 

16 physical fitness. 

17 ‘‘(B) USE OF RESULTS.—The results of 

18 evaluations under subparagraph (A) shall be— 

19 ‘‘(i) used to refine, improve, and 

20 strengthen the program or activity, and to 

21 refine the performance measures; and 

22 ‘‘(ii) made available to the public upon 

23 request, with public notice of such avail24 ability provided. 


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1 ‘‘SEC. 4106. SUPPLEMENT, NOT SUPPLANT. 

2 ‘‘Funds made available under this title shall be used 

3 to supplement, and not supplant, non-Federal funds that 

4 would otherwise be used for activities authorized under 

5 this title. 

6 ‘‘SEC. 4107. PROHIBITED USE OF FUNDS. 

7 ‘‘No funds under this title may be used for— 

8 ‘‘(1) construction; or 

9 ‘‘(2) medical services, drug treatment or reha10 bilitation, except for pupil services or referral to 

11 treatment for students who are victims of, or wit12 nesses to, crime or who illegally use drugs. 

13 ‘‘SEC. 4108. AUTHORIZATION OF APPROPRIATIONS. 

14 ‘‘There are authorized to be appropriated to carry out 

15 this title $1,453,172,830 for each of fiscal years 2012 

16 through 2016.’’. 

17 SEC. 4. TRANSFERABILITY OF FUNDS. 

18 Section 6123 of the Elementary and Secondary Edu19 cation Act of 1965 (20 U.S.C. 7305b) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (1)— 

22 (i) in the matter preceding subpara23 graph (A), by striking ‘‘not more than 50 

24 percent’’ and inserting ‘‘all, or any por25 tion,’’; and 


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1 (ii) by striking subparagraphs (A) 

2 through (D) and inserting the following: 

3 ‘‘(A) Section 2103(c)(3). 

4 ‘‘(B) Section 4103(c)(2)(B).’’; 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)— 

11 (I) by striking ‘‘(except’’ and all 

12 that follows through ‘‘50 percent’’ and 

13 inserting ‘‘may transfer all, or any 

14 portion, of’’; and 

15 (II) by striking ‘‘subparagraph 

16 (C)’’ and inserting ‘‘subparagraph 

17 (B)’’; 

18 (ii) by striking subparagraph (B); 

19 (iii) by redesignating subparagraph 

20 (C) as subparagraph (B); and 

21 (iv) in subparagraph (B) (as redesig22 nated by clause (iii)), by striking ‘‘and 

23 subject’’ and all that follows through ‘‘as 

24 applicable’’; and 

25 (B) in paragraph (2)— 


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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘,(B), or (C)’’ and 

3 inserting ‘‘or (B)’’; and 

4 (ii) by striking subparagraphs (A) 

5 through (D) and inserting the following: 

6 ‘‘(A) Section 2104. 

7 ‘‘(B) Section 4104.’’. 

8 SEC. 5. APPLICATION APPROVAL PROCESSES. 

9 Title IX of the Elementary and Secondary Education 

10 Act of 1965 (20 U.S.C. 7801 et seq.) is amended by add11 ing at the end the following: 

12 ‘‘PART G—APPROVAL AND DISAPPROVAL OF 

13 STATE AND LOCAL APPLICATIONS 

14 ‘‘SEC. 9701. APPROVAL AND DISAPPROVAL OF STATE APPLI15 CATIONS. 

16 ‘‘(a) DEEMED APPROVAL.—An application submitted 

17 by a State pursuant to section 2103(d) or section 4103(d) 

18 shall be deemed to be approved by the Secretary unless 

19 the Secretary makes a written determination, prior to the 

20 expiration of the 120-day period beginning on the date on 

21 which the Secretary received the application, that the ap22 plication is not in compliance with section 2103(d) or sec23 tion 4103(d), as applicable. 

24 ‘‘(b) DISAPPROVAL PROCESS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall not fi2 nally disapprove an application submitted under sec3 tion 2103(d) or section 4103(d), except after giving 

4 the State educational agency notice and an oppor5 tunity for a hearing. 

6 ‘‘(2) NOTIFICATION.—If the Secretary finds 

7 that the application is not in compliance, in whole or 

8 in part, with section 2103(d) or section 4103(d), as 

9 applicable, the Secretary shall— 

10 ‘‘(A) give the State educational agency no11 tice and an opportunity for a hearing; and 

12 ‘‘(B) notify the State educational agency of 

13 the finding of noncompliance and, in such noti14 fication, shall— 

15 ‘‘(i) cite the specific provisions in the 

16 application that are not in compliance; and 

17 ‘‘(ii) request additional information, 

18 only as to the noncompliant provisions, 

19 needed to make the application compliant. 

20 ‘‘(3) RESPONSE.—If the State educational 

21 agency responds to the Secretary’s notification de22 scribed in paragraph (2)(B) during the 45-day pe23 riod beginning on the date on which the State edu24 cational agency received the notification, and resub25 mits the application with the requested information 


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1 described in paragraph (2)(B)(ii), the Secretary 

2 shall approve or disapprove such application prior to 

3 the later of— 

4 ‘‘(A) the expiration of the 45-day period 

5 beginning on the date on which the application 

6 is resubmitted; or 

7 ‘‘(B) the expiration of the 120-day period 

8 described in subsection (a). 

9 ‘‘(4) FAILURE TO RESPOND.—If the State edu10 cational agency does not respond to the Secretary’s 

11 notification described in paragraph (2)(B) during 

12 the 45-day period beginning on the date on which 

13 the State educational agency received the notifica14 tion, such application shall be deemed to be dis15 approved. 

16 ‘‘SEC. 9702. APPROVAL AND DISAPPROVAL OF LOCAL EDU17 CATIONAL AGENCY APPLICATIONS. 

18 ‘‘(a) DEEMED APPROVAL.—An application submitted 

19 by a local educational agency pursuant to section 2104(b) 

20 or section 4104(b) shall be deemed to be approved by the 

21 State educational agency unless the State educational 

22 agency makes a written determination, prior to the expira23 tion of the 120-day period beginning on the date on which 

24 the State educational agency received the application, that 


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1 the application is not in compliance with section 2104(b) 

2 or section 4104(b), as applicable. 

3 ‘‘(b) DISAPPROVAL PROCESS.— 

4 ‘‘(1) IN GENERAL.—The State educational 

5 agency shall not finally disapprove an application 

6 submitted under section 2104(b) or section 4104(b), 

7 except after giving the local educational agency no8 tice and opportunity for a hearing. 

9 ‘‘(2) NOTIFICATION.—If the State educational 

10 agency finds that the application is not in compli11 ance, in whole or in part, with section 2104(b) or 

12 section 4104(b), as applicable, the State educational 

13 agency shall— 

14 ‘‘(A) give the local educational agency no15 tice and an opportunity for a hearing; and 

16 ‘‘(B) notify the local educational agency of 

17 the finding of noncompliance, and in such noti18 fication, shall— 

19 ‘‘(i) cite the specific provisions in the 

20 application that are not in compliance; and 

21 ‘‘(ii) request additional information, 

22 only as to the noncompliant provisions, 

23 needed to make the application compliant. 

24 ‘‘(3) RESPONSE.—If the local educational agen25 cy responds to the State educational agency’s notifiVerDate Mar 15 2010 05:45 Sep 21, 2011 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1569.IS S1569

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1 cation described in paragraph (2)(B) during the 45- 

2 day period beginning on the date on which the local 

3 educational agency received the notification, and re4 submits the application with the requested informa5 tion described in paragraph (2)(B)(ii), the State 

6 educational agency shall approve or disapprove such 

7 application prior to the later of— 

8 ‘‘(A) the expiration of the 45-day period 

9 beginning on the date on which the application 

10 is resubmitted; or 

11 ‘‘(B) the expiration of the 120-day period 

12 described in subsection (a). 

13 ‘‘(4) FAILURE TO RESPOND.—If the local edu14 cational agency does not respond to the State edu15 cational agency’s notification described in paragraph 

16 (2)(B) during the 45-day period beginning on the 

17 date on which the local educational agency received 

18 the notification, such application shall be deemed to 

19 be disapproved.’’. 

20 SEC. 6. PROGRAM ELIMINATIONS. 

21 The Elementary and Secondary Education Act of 

22 1965 (20 U.S.C. 6301 et seq.) is amended— 

23 (1) in title I (20 U.S.C. 6301 et seq.)— 


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1 (A) by repealing part B (20 U.S.C. 6361 

2 et seq.), part F (20 U.S.C. 6511 et seq.), and 

3 part G (20 U.S.C. 6531 et seq.); 

4 (B) by striking section 1504 (20 U.S.C. 

5 6494); and 

6 (C) in section 1002 (20 U.S.C. 6302)— 

7 (i) by striking subsections (b), (f), and 

8 (g); 

9 (ii) by redesignating subsections (c) 

10 through (e), (h), and (i) as subsections (b) 

11 through (d), (e), and (f), respectively; and 

12 (iii) in subsection (d) (as redesignated 

13 by subparagraph (B))— 

14 (I) by striking paragraph (2); 

15 and 

16 (II) by striking ‘‘ACTIVITIES.—’’ 

17 and all that follows through ‘‘For’’ 

18 and inserting the following: ‘‘ACTIVI19 TIES—. For’’; and 

20 (2) in title V (20 U.S.C. 7201 et seq.) by re21 pealing part A and striking part D. 

Æ 


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